PMPP Ebook download terms and conditions
1.1 These terms and conditions shall govern the sale and supply of downloadable ebooks through our website, and the use of those ebooks.
1.2 You will be asked to give your express agreement to these terms and conditions before you place an order on our website.
1.3 This document does not affect any statutory rights you may have as a consumer.
2.1 In these terms and conditions:
- (a) “we” means Port Melbourne Physiotherapy & Pilates (and “us and “our” should be construed accordingly);
- (b) “you” means our customer or prospective customer under these terms and conditions (and “your” should be construed accordingly);
- (c) “ebooks” means those ebooks that are available for purchase on our website; and
3. Order process
3.1 No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.
3.2 To enter into a contract through our website to purchase downloadable ebooks from us, the following steps must be taken: you must add the ebooks you wish to purchase to your shopping cart, and then proceed to the checkout; you must then consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.
4.1 Our prices are quoted on our website in AUD.
4.2 We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.
4.3 All amounts stated in these terms and conditions or on our website are stated inclusive of GST.
5.1 You must, during the checkout process, pay the prices of the ebooks you order.
5.2 Payments may be made by any of the permitted methods specified on our website.
6. Licensing of ebooks
6.1 We will supply your ebooks to you in the format or formats specified on our website, and by such means and within such periods as are specified on our website.
6.2 Subject to your payment of the applicable price and compliance with these terms and conditions, we grant to you a [worldwide, non-expiring, non-exclusive, non-transferable] licence to make any use of your ebooks permitted by Section 6.3, providing that you must not in any circumstances make any use of your ebooks that is prohibited by Section 6.4.
6.3 The “permitted uses” of your ebooks are:
- (a) downloading a copy of each of your ebooks;
- (b) making, storing and viewing copies of your ebooks on [not more than 2] desktop, laptop or notebook computers;
- (c) making, storing and viewing copies of your ebooks on [not more than 2] ebook readers, smartphones, tablet computers or similar mobile devices; and
- (d) printing [a single copy] of each of your ebooks solely for your own use.
6.4 The “prohibited uses” of your downloads are:
- (a) the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution or redistribution of any ebook (or part thereof) in any format;
- (b) the editing, modification, adaptation or alteration of any ebook (or part thereof), and the creation of any derivative work incorporating any download (or part thereof);
- (c) the use of any ebook (or part thereof) in any way that is unlawful or in breach of any person’s legal rights under any applicable law, or in any way that is offensive, indecent, discriminatory or otherwise objectionable;
- (d) the use of any ebook (or part thereof) to compete with us, whether directly or indirectly;
- (e) any commercial use of any ebook (or part thereof); and
- (f) the circumvention or removal of, or any attempt to circumvent or remove, the technological measures applied to any ebook for the purpose of preventing unauthorised use.
6.5 You warrant to us that you have access to the necessary computer systems, media systems, software and network connections to receive and enjoy the benefit of your ebooks.
6.6 All intellectual property rights and other rights in the ebooks not expressly granted by these terms and conditions are hereby reserved.
6.7 You must retain, and must not delete, obscure or remove, copyright notices and other proprietary notices on or in any ebook.
6.8 The rights granted to you in these terms and conditions are personal to you, and you must not permit any third party to exercise these rights.
7. Warranties and representations
7.1 You warrant and represent to us that:
- (a) you have full authority, power and capacity to agree to these terms and conditions; and
- (b) all the information that you provide to us in connection with your order is true, accurate, complete, current and non-misleading.
7.2 We warrant to you that:
- (a) your ebooks will be of satisfactory quality;
- (b) your ebooks will be reasonably fit for any purpose that you make known to us before a contract under these terms and conditions is made;
- (c) your ebooks will match any description of it given by us to you; and
- (d) we have the right to supply your ebooks to you.
8. Limitations and exclusions of liability
8.1 Nothing in these terms and conditions will:
- (a) limit or exclude any liability for death or personal injury resulting from negligence;
- (b) limit or exclude any liability for fraud or fraudulent misrepresentation;
- (c) limit any liabilities in any way that is not permitted under applicable law; or
- (d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
8.2 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
8.3 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
9.1 We may revise these terms and conditions from time to time by publishing a new version on our website.
10. No waivers
10.1 No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.
10.2 No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.
11.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
11.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
12. Entire agreement
12.1 Subject to Section 8.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the sale and purchase of our downloads and the use of those downloads, and shall supersede all previous agreements between you and us in relation to the sale and purchase of our downloads and the use of those downloads.
13. Law and jurisdiction
13.1 These terms and conditions shall be governed by and construed in accordance with Australian Law.
13.2 Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Australia.
14. Our details
14.1 This website is owned and operated by Port Melbourne Physiotherapy & Pilates.
14.2 We are registered in Australia under ACN 158707147, and our registered office is at 3/11 Beach St, Port Melbourne, Victoria, 3207.
14.3 Our principal place of business is at 3/11 Beach St, Port Melbourne, Victoria, 3207.
14.4 You can contact us:
- (a) by post, using the postal address given above;
- (b) using our website contact form;
- (c) by telephone, on the contact number published on our website; or
- (d) by email, using the email address published on our website from time to time.