2. Use of our website
a) Our Site
This website (Site) is operated by Eleanor Curtain Publishing Pty Ltd ABN 59 158 519 978 (ECP, we, us and our).
You may use the Site only for lawful purposes and in accordance with these Terms.
We may update and change our Site from time to time to reflect changes to our products, our users' needs, changes in law and our business priorities. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons.
We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software. You are responsible for configuring your technology to access our Site. You should use your own antivirus software.
b) Eligibility to use our Site
Our websites are generally directed to users who are 18 years of age or older, with the exception of our Worldwise Investigations website (worldwise-investigations.com.au) which is directed at users who are aged 8 and older. You must be of an eligible age to access and use this Site.
Our Site is intended for users are residing in and using this Site within Australia or New Zealand. We do not represent that content available on or through our Site is appropriate for use or available in other locations. If you access our Site from outside Australia or New Zealand, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.
c) How you may use material on our Site
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Where digital content (other than e-publications, which are covered by our E-Publications Terms) is made available to download you:
- may access, use, download, print or copy such digital content solely for your own non-commercial use in connection with study and teaching activities.
- must not sell, lease, licence or otherwise deal with our content other than as permitted in these Terms.
- must not modify the paper or digital copies of any materials you have printed off or downloaded in any way,
- must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Site.
d) Our trade marks
Our trade marks include ELEANOR CURTAIN PUBLISHING, FLYING START TO LITERACY, ALPHAKIDS, ALPHAWORLD, ALPHAEXPLORE and ALPHAASSESS together with other names, logos, product and service names, designs and slogans used in connection with our business (collectively the trade marks). The trade marks belong to us or our licensors and can only be used with our permission and in accordance with any restrictions specified by us.
You are permitted to use the trade marks if they are included in any material supplied by us to you, provided those materials are used solely as permitted under these Terms. You must not remove or obscure any trade marks included on our material. You have no right to use the trade marks for any other purposes.
Other names, logos, product and service names, designs and slogans on this Site are the trade marks of their respective owners and are used by us under licence. The conditions listed above apply equally to these third party names, logos, product and service names, designs and slogans.
e) Third party links
Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.
f) Other terms and conditions
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are incorporated by this reference into these Terms.
If you purchase e-publications from us, our E-Publications Terms will apply in addition to these Terms. These are accessible here. When we refer to “e-publications” we are referring to those digital publications which we make available on a subscription basis via our Site, usually on a charged-for basis, and which are accessed via a digital platform.
g) Limitation of liability
Our Site is provided on an "as is" and "as available" basis, and to the maximum extent permitted by law we make no representations or warranties, express or implied, regarding the operation or availability of the Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.
In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for loss or damages of any kind arising out of or in connection with your (or any third party’s) use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites or any services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the applicable consumer laws, which are:
- For Australian users: the Australian Consumer Law
- For New Zealand users: the New Zealand Consumer Guarantees Act
For clarity, nothing in this clause affects consumers’ rights under the applicable consumer laws. If you are accessing our website for business purposes, then you agree that the applicable consumer laws do not apply.
You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your use of any information obtained from the Site and any use of the Site's content, services and products other than as expressly authorised in these Terms.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you; these are detailed below in these Terms.
3. Account registration
This section applies to our user account facility (Account Facility), provided in connection with our Site.
We reserve the right to make changes to our Account Facility from time to time. We do not warrant or represent that any promotions, products, benefits or offers will always be available to account holders.
Membership of our Account Facility is only open to individuals, with a maximum of one account per individual. Membership is offered at our discretion and we are always entitled to accept or reject any application for membership.
In order to create an account with us, you must provide an email address and password. These will be used for security. It is your responsibility to ensure the password is kept secure. In the event of any unauthorised use of your account details or password, it is your responsibility to let us know as soon as possible.
You are responsible for ensuring all account details we hold for you are kept up to date.
We have the right to disable any account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or where we have other reasonable grounds for doing so.
4. Supply of products
- The terms set out in this section 4 (the Supply Terms) apply, in addition to the rest of the Terms, if you purchase products from us.
- These Supply Terms are for consumers who place orders with ECP. Commercial orders are subject to separate terms. Please contact us on +613 9867 4880 or email [email protected] to obtain a copy of these terms and to place your commercial orders.
- Your placement of an order with us constitutes an offer by you to purchase products on these Supply Terms. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us governed by these Terms.
- If we are unable to accept your order, we will inform you and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
- All refunds and returns will be subject to our Refunds and Returns Policy, available here.
- ECP reserves the right to refuse to supply an order that you submit, even if you have paid for the order, and ECP is not obliged to give any reason for the refusal. If ECP cancels an order after you have paid for it, the amount paid will be refunded as soon as reasonably practicable.
- The price of the product will be the price indicated on the order pages when you placed your order, which is inclusive of GST. You may pay for the products you have ordered using the payment methods specified during the order process. All goods are sold subject to GST unless the goods are classified as GST exempt.
- The prices on our order pages are exclusive of delivery costs, which will be payable in addition where applicable. The costs of delivery will be as displayed to you on our website.
- During the order process we will let you know when we will provide the products to you. However, subject to any applicable Consumer Guarantee (being a consumer guarantee set out in the applicable consumer laws (for Australian users these are set out in Division 1 of Part 3-2 of the Australian Consumer Law, and for New Zealand users are set out the Consumer Guarantees Act) in the case of physical products:
- ECP does not promise that shipping will occur within the estimated time; and
- ECP will not be liable to you at all, whether under the Terms of the contract or in negligence or otherwise, for any late delivery of, or failure to deliver, the products.
- If our supply of physical products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
- Title in physical products will pass to you when payment in full is received by ECP. Risk of loss of or damage to physical products passes to you when the products are delivered to you.
- Except for applicable Consumer Guarantees, the only warranties, conditions or other terms that are binding on ECP are those expressly stated in these Terms. To the extent permitted by law, any term concerning the products or any service that we provide to you which might otherwise be implied into or incorporated in the contract by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is excluded from the contract.
- If a product does not comply with an applicable Consumer Guarantee, you have rights and remedies under the applicable consumer laws. Nothing in the contract excludes, restricts or modifies the operation of, or any right or remedy that you might have under, any applicable Consumer Guarantee.
- Subject to the previous paragraph, in relation to our supply of products:
- ECP will not be liable under the contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise; and
- ECP’s maximum aggregate liability under the contract whether in contract, tort (including negligence) or otherwise will not exceed the amount payable by you to ECP in respect of the product or products for which the liability arises.
- We publish new editions of our products from time to time which can involve updating related images and designs, for example the cover of the printed edition. While we seek to ensure the imagery shown on our Site is kept up to date, on occasion old imagery may be used in relation to our products. Therefore please note that the images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately and to keep the images up to date, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products nor that the product image is always accurate. Your product may vary from the images shown on our site.
5. Changes to these Terms
We amend these Terms from time to time. Every time you wish to use our Site and/or purchase products from us, please check these Terms to ensure you understand the terms that apply at that time. The amendments will take effect immediately when they are posted on the Site and will apply to all Orders made after that date.
The Terms of the contract replace all previous representations, arrangements, understandings and agreements between you and ECP relating to its subject matter and contain the entire agreement between you and ECP relating to that subject matter.
If any part of these Terms is found to be illegal, invalid or unenforceable then it should be read differently to the extent necessary to ensure that it is not illegal, invalid or unenforceable. If that is not possible, the relevant part should be deleted from these Terms and the rest of these Terms will continue to have full force and effect.
These Terms are governed by the laws of the State of Victoria and you and ECP each irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria.
Refunds and Returns Policy
1. No impact on Consumer Law. Our policy including the change of mind limits do not exclude or replace your rights under Consumer Guarantees of the applicable consumer laws, regulations or otherwise as required by law.
2. Consumer Guarantees. If a product has a major failure, you may reject it and seek a refund, exchange or repair or you may keep the item and seek compensation for any drop in value. If the failure is minor, we may repair the item or, at our discretion, we may replace the item or refund you within a reasonable time;
3. Change of mind. If you wish to make a change to the product you have ordered please contact us. Refunds and returns for change of mind are solely at our discretion. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
4. Products to be in saleable condition and unused. Where you return any products to us, they must be in saleable condition, that is it is unused with all original sealed packaging attached and where the product seal (if applicable) is not broken or tampered.
5. Damaged/Defective products. In the unlikely event that your order contains a product that has been damaged or is defective please notify us via email at [email protected].
6. Returns process. Should you wish to return the following process applies:
- you should notify us of the damage/defect as soon as possible, and at least within 30 days from your receipt of the product;
- you must obtain a Returns Claim Number from ECP prior to returning any faulty or damaged physical products (Please contact ECP to acquire your Returns Claim Number if you need one);
- we require any faulty or damaged physical products to be returned to us. We will reimburse any postage costs for all faulty or damaged returned items.
- no refund will be provided for damaged or faulty products under this return policy unless they are returned within 30 days after you receive the Returns Claim Number;
- no refunds will be given for faulty products that you or any person not authorised by ECP has repaired or attempted to repair.