Terms of Use

Terms governing your use of this website

The following terms apply to the website at www.alphaliteracy.com.au owned and operated by Eleanor Curtain Publishing Pty Ltd trading as Eleanor Curtain Publishing ACN 158 519 978 ABN 59 158 519 978 (ECP) and any website that replaces it (“Website“). In these terms the words “we”, “us” and “our” refer to ECP. Our privacy policy, which is accessible here, forms part of these terms.

The terms and conditions applicable to any purchase that you make as the result of visiting this Website (Website Order Terms) will be presented to you at the point of purchase. They are separate from, and operate in addition to, the following terms and the terms of our privacy policy (collectively, “these terms”).

The information on the Website is provided to visitors to the Website (“you” or “your”) subject to these terms. By using the Website you accept these terms. If you do not accept these terms, you must cease using the Website immediately.

Website content

We have used reasonable efforts to make sure that the information and other content on the Website, accessible via the Website or sent to you as a result of you registering with the Website (collectively “Content”), is accurate, complete and up to date.

You agree that, subject to any applicable consumer guarantees set out in Division 1 of Part 3-2 of the Australian Consumer Law:

• the content is intended to be used only for background and information purposes and does not constitute professional advice;
• we do not guarantee that the Content is accurate, definitive, reliable, complete or up-to-date;
• we do not undertake to keep the Content updated;
• we do not accept responsibility for any loss suffered by you or any other person as a result of reliance by you or that person on the accuracy, reliability, completeness or currency of any of the Content;
• we make no warranty or representation:
  • as to the quality, merchantability or fitness for purpose of any of the Content;
  • that any files accessible on or via the Website any Linked Site or any server on which the Website or any Linked Site are hosted are free of viruses, errors, defects;
  • that the Website and any of the Content will be accessible to you on a continuous or uninterrupted basis;
  • that any viruses, errors or defects discovered to exist on our Site, Linked Sites or the servers on which they are hosted will be corrected; or
  • that personal or confidential information provided to our Site is secure except as set out in our Privacy Policy, which is accessible here.

Intellectual Property Rights

The Content is protected by copyright. If any Content is available on the Website for download, you may:

• download that Content to a local hard disk, or print, extracts from the Content for your personal, non-commercial use or for any other use specified in the Content or on the Website at the point at which you download it; and
• provide downloaded or printed extracts of the Content to others for their personal, non-commercial use or for any other use specified in the Content or on the Website at the point at which you download it Any other reproduction, distribution, re-transmission or modification of the Content, whether in electronic or hard copy form, without our express prior written consent is prohibited. We do not own or have rights in respect of the copyright in any content on any website that is accessible from the Website by a hypertext link or links (“Linked Site”). Your use of any Linked Site and any content on any Linked Site is governed by the terms of the Linked Site.

Some of the Content, and products, logos, technology and processes accessible via, or incorporated in, the Website may be protected by copyright or other intellectual property rights owned by third parties. You have no right to use any of those intellectual property rights except as expressly authorised by these terms.

Linked Sites

Linked Sites are accessible from the Website. We do not have any responsibility, and we accept no liability, for content on any Linked Site. We do not endorse or approve of, nor do we accept any responsibility or liability for, any of that content or any product or service accessible through, or offered on, any Linked Site.

Your individual ECP profile

If the Website enables users to set up accounts, you may be issued with a password if you set up an account with the Website. You agree that you will not share the password or other login information with any other person. Once you log onto the Website you can keep your personal and contact information up to date. You agree that you are and will remain liable for all acts or omissions of any person who accesses the Website using your account unless you can demonstrate to our reasonable satisfaction that you did not provide your password or other login details to the person who accessed the Website and that they did so without your express or implied consent.

 

End User License Agreement

Please read this End User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using the AlphaKids Digital Library application (“Application”).

By clicking the “I Agree” button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.

License

Eleanor Curtain Publishing Pty Ltd trading as Eleanor Curtain Publishing ACN 158 519 978 ABN 59 158 519 978 (AlphaKids) grants you a revocable, non­-exclusive, non­transferable, limited license to download, install and use the Application solely for your personal, non­-commercial purposes strictly in accordance with the terms of this Agreement, the Usage Rules and any service agreement associated with your device and any content that you download using the Application.

Restrictions

You agree not to, and you will not permit others to:

1. license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
2. decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application.
3. make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application.
4. violate any applicable laws, rules or regulations in connection with your access or use of the Application.
5. use the Application for any revenue generating endeavour without the express written permission of AlphaKids.
6. use any proprietary information or interfaces of AlphaKids or other intellectual property of AlphaKids in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.

Infringement Acknowledgement

You and AlphaKids agree that in the event of a third party claim that the Application or Your possession or use of the Application infringes any third party’s intellectual property rights, You (and not AlphaKids) will be responsible for the investigation, defence, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify AlphaKids in writing of such a claim.

Modifications to Application

AlphaKids reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

Term and Termination

This Agreement shall remain in effect until terminated by you or AlphaKids. AlphaKids may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from AlphaKids, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Disclaimer of Warranties

You acknowledge and agree that the Application is provided on an “as is” and “as available” basis, and that your reliance upon the application and any third party content and service accessed thereby is at your sole risk and discretion. AlphaKids and its affiliates, partners, suppliers and licensors hereby disclaim any and all warranties, representations and guarantees regarding the application, content and services, whether expressed or implied.

AlphaKids, it’s partners, suppliers and affiliates make no warranty that:

1. The Application or content will meet your requirements
2. The Application or service will be uninterrupted, accurate, timely, secure or error-free
3. Any errors in products, services or information accessed through the Application will be corrected

Limitation of Liability

Under no circumstances shall AlphaKids or it’s affiliates, partners, suppliers or licensors be held liable for any indirect, incidental, consequential, special or exemplary damages raising out of the use of the Application or contained content

Amendments to this Agreement

AlphaKids reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, the new agreement will take effect immediately. What constitutes a material change will be determined at our sole discretion.

Contact Information

If you have any questions about this Agreement, please contact us or visit our website