CoursewareMarket.com – User Terms
2. Your access to and use of the Service, the Platform and the Website constitutes your agreement to these User Terms as at the time of that access or use. If you do not accept these User Terms, you must refrain from using the Website.
3. Use of the information and data contained on the Website is at your sole risk. The information and data on the Website is subject to change without notice.
4. In these User Terms:
a. “Content” means any text, presentations, training manuals, graphics, audio, visual (including still visual images) and/or audio-visual material, software, applications, data, database content or other multimedia content, information and material, including the metadata relating to any such content, provided for download on the Platform;
b. “Content Provider” means the third-party seller that is the owner/licensor of the relevant Content and has agreed to make the Content available for download on the Platform;
c. “Intellectual Property Rights” includes patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, any rights and all similar or equivalent rights or forms of protection that subsist or will subsist now or in the future in any part of the world;
d. “Platform” means the medium through which the Content is made available to Users;
e. “Platform Provider”, “we” or “us” means Courseware Market PTY LTD and its related bodies corporate;
f. “Service” means a pay per download service provided to customers via the Platform;
g. “User”, “you” or “your” refers to any person who uses and/or operates the Website, or uses, operates, accesses or receives the benefit of the Service and/or the Platform;
h. “User Terms” means these user terms; and
i. “Website” means the website found at domain www.coursewaremarket.com
5. All Intellectual Property Rights associated with the Website, the Platform and the Service including design, text, graphics, video, logos, icons, sound recordings, algorithms and all software relating to the Website belong to or are licensed by Platform Provider.
6. Subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, you may not in any form or by any means copy, adapt, reproduce (other than for the purpose of viewing the Website in your browser), store, modify, distribute, print, upload, display, publish or create derivative works from any part of the Website, the Platform or the Service or commercialise any information obtained from any part of the Website without prior written consent from us or, in the case of any third party material, from the owner of the Intellectual Property Rights in that material.
7. Platform Provider grants you limited, non-exclusive, non-transferable right to access and make personal and non-commercial use of the Website.
8. The inclusion of links to third party websites or applications should not be seen as us endorsing such third party website or application (or the content contained therein), despite that in some circumstances, we may receive a commission, fee or other kind of consideration for allowing a link to appear on our Website.
9. You must ensure that your access to the Website is not illegal or prohibited by laws which apply to you.
10. You acknowledge and agree that:
a. We have compiled the Website on the basis of general information. Changes in circumstances after publication may affect the completeness or accuracy of this information. It is your responsibility to assess and verify the accuracy, completeness and reliability of the information on the Website.
b. We maintain editorial control over the Website and may alter, amend, suspend or cease the operation of the website at any time.
c. You must take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer or software.
11. Platform Provider, its agents, officers and employees:
a. make no representations, express or implied, as to the accuracy of the information and data contained on the Website including the Content, and all information and Content is made available on an “as is” basis;
b. make no representations, express or implied, as to the accuracy or usefulness of any translation of the information or the Content on the Website or any linked site into another language;
c. make no representations as to the availability of the Website;
d. accept no liability for any use of the said information or Content or reliance placed on it (including translated information and data);
e. make no representations, either express or implied, as to the suitability of the said information and Content for any particular purpose;
f. accepts no liability for any interference with or damage to a user’s computer, software or data occurring in connection with or relating to the Website or the Content or their use or any site linked to the Website.
12. Any information which you transmit to the Website is transmitted at your own risk. If you become aware of any problems with the security of the Website, you must inform us immediately.
Platform Provider’s role
13. Platform Provider, via the Platform, allows Content Providers to list and sell Content on the Website, and details of each relevant Content Provider is contained on the landing page for the relevant Content.
14. Platform Provider helps facilitate transactions carried out on the Platform but is not the seller of Content and, as such, the contract formed at the completion of a download of Content is solely between you and the Content Provider. You acknowledge that Platform Provider is not a party to this contract, does not assume any responsibility arising out of such contract, and is not and should not be considered to be acting as an agent of the Content Provider with respect to such contract.
15. You further acknowledge that the Content Provider is responsible for the sale/licensing of the relevant Content to you and for responding to any claim, fault or deficiency arising out of or in connection with the download and use of the Content.
Limitation of liability
16. To the maximum extent permitted by law, Platform Provider will not be liable to any user, entity or other person for any direct, indirect, consequential or other loss, damage or harm (however caused, including due to negligence) which may arise out of, or in connection with these User Terms or use of the Website.
17. To the extent that any rights cannot be excluded (including under schedule 2 of the Competition and Consumer Act 2010 (Cth), then our liability will be limited to, at our election, the re-supply of the services or the payment of the cost of having the services supplied again.
Security of information
20. The transmission of information over the internet is not completely secure or error free. In particular, emails and communications to or from Platform Provider and information submitted to or accessed via the Website may not be secure. You should use discretion in deciding what information you send to us via these means, and you agree not to hold Platform Provider liable for any loss or harm caused by any lapse in security.
21. Emails to and from Platform Provider may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code. You agree not to hold Platform Provider liable for any loss or harm caused by any viruses or other harmful code.
22. You agree to indemnify us for all loss or damage, penalties, fines, expenses and costs arising from or relating to your use of the Website, any information that you provide to us via the Website or any damage that you may cause to the Website. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trade mark infringement.
Governing law and jurisdiction
23. If a dispute arises regarding these User Terms, the laws of Queensland, Australia apply. You agree to submit to the non-exclusive jurisdiction of the courts of Queensland, Australia in relation to any dispute.
24. If you access the Website in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.
25. We may change these User Terms at any time without prior notification to you. You agree that if we do so, those changes will come into effect the next time you access the Website. Your continued use of the Website will constitute acceptance of the updated User Terms. The latest version of these User Terms will always be available at https://coursewaremarket.com/buyer-and-website-terms/
26. If any provision of these User Terms is found by any court or body of competent jurisdiction to be wholly or partially illegal, invalid, void, voidable, unenforceable or unreasonable, it shall be deemed severable to the extent that the remaining provisions of these User Terms shall continue in full force and effect.