Legal Stuff - EdWest Education Australia

Welcome to the EdWest digital store, by purchasing digital goods from us you are bound by the Conditions of Sale the General Terms and we recommend you read our Privacy Policy which explains how we use your information.

Definitions

In this Agreement the following words and expressions shall have the following meanings:-

“EdWest” means edWest Education Australia

“Store” means any web based service operated by “EdWest” for the purposes of marketing and retailing digital goods.

“Customer” means you the person purchasing “Digital Goods” from “EdWest”

“PayPal” means the third party online payment provider PayPal www.paypal.com “EdWest” uses to process some payments for “Digital Goods” sales.

Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.

The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.

Conditions of Sale

Introduction

These Conditions of Sale govern the sale of “Digital Goods” by “EdWest” to the “Customer”.

1. The Contract

When you purchase “Digital Goods” from “EdWest” via our “Store” you will be required to click the “I Agree” tick box to complete the order. By clicking the “I Agree” tick box you are accepting these terms and conditions of sale. The contract for the purchase of any “Digital Goods” will be between the “Customer” and “EdWest” and will only be formed when “EdWest” make the “Digital Goods” available for download and we have received payment in full for the “Digital Goods”. Until we make the “Digital Goods” available for download and receive payment in full there is no contract between the “Customer” and us for the “Digital Goods”. “EdWest” reserves the right, at our sole discretion to reject any order we receive. By placing an order with “EdWest” you agree you are:-

legally capable of entering into binding contracts and areat least 18 years old or are aged 16-18 and have read these terms of sale together with your parent and/or guardian who has explained these conditions of sale to you so that you fully understand them

2. Cancellation and Refunds

By purchasing “Digital Goods” from “EdWest” who are based in Australia, the “Customer” if also based in Australia is bound by the Australian Consumer Regulations.
All sales of intangible digital goods are final. Refunds for any “Digital Goods” sold by “EdWest” will only be considered for a refund if any of the following conditions apply:-

Refunds will always be made to schools upon request and for other customers refunds will only be made if:
The “Digital Goods” were incorrectly described on the “Store”
The “Digital Goods” are proven to be defective

3. Price and Payment

The price of any “Digital Goods” will be as quoted on the “Store” at the then current time, except in the case of obvious error. This price will include legally applicable GST. The “Customer” agrees they may have to provide their country of residence during the order process for the purposes of calculating the correct amount of tax to apply to the order. We will not accept any offers for “Digital Goods” other than at the then current price. Payment for all “Digital Goods” is processed by “PayPal” or other payment processors and will be handled in the currency advertised on the “Store”.

4. Delivery

“Digital Goods” are delivered to the “Customer” by a choice of methods:-

via download to the “Customer”‘s personal desktop computer

You hereby agree to download “Digital Goods” for private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer the “Digital Goods” to anyone else. Nothing in these conditions of sale grants the “Customer” any rights other than those expressly set out herein. These terms do not grant the “Customer” any rights in relation to the synchronisation, public performance, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any “Digital Goods”. Any breaches of these terms will be pursued to the full extent of the law. Some “Digital Goods” sold by “EdWest” may contain additional licensing terms or terms of use within the download which the “Customer” hereby agrees to abide by. Schools are able to place examination papers on their intranet provided it is password secured.

General Terms

Force Majeure

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.

Severance

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.

Entire Agreement

This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.

Governing Law and Jurisdiction

These terms shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

To protect your privacy we will not distribute any of your details to third parties other than as already described in section 6 of the Conditions of Sale, unless required to do so by law. “EdWest” is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using the “Store”, then you can be assured that it will only be used in accordance with this privacy statement. “EdWest” may change this policy by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

– What we collect and how we use the data

We will collect the following information when you purchase “Digital Goods” from the “Store”:-

Your full name, we use this to identify you in Order Receipt emails.
Your email address, we use this to communicate to the “Customer”.
Your country of residence, we need this to accurately determine what VAT to apply to your order.
Your address if required to do so for VAT purposes, or if the “Author” requires it to ship a counterpart physical product to you.
Your IP address, this is required for GST purposes to help establish your country of residence.
Your computer or mobile devices OS and Browser, we use this information to better serve content to Customers.

– Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect and deliver online.

– How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, cookies allow web applications to respond to you as an individual. “EdWest” utilises cookies for the following purposes:-

to track items added to the “Customer” shopping cart.