Terms of Service

Terms of service.

Thank you for your interest in using the services provided by Érudits. The following text sets out the terms and conditions which governs the services we offer, and we encourage you to please take the time to review it.

I. ACCEPTANCE AND CHANGES

Érudits services are offered to you on the condition of your acceptance without modification of the terms and conditions contained herein. Your use of, and purchase of any material from our website constitutes your agreement to these terms and conditions. Érudits reserves the right to change these terms and conditions and undertakes to notify you by email if this should occur.

II.YOUR OBLIGATIONS

You must complete the sign-up process by providing us with current, complete and accurate information as prompted by the sign-up form. You are entirely responsible for maintaining the confidentiality of your password and user id. You are also wholly responsible for any and all activities that occur under your account. You agree to notify Érudits immediately of any unauthorised use of your account or any other breach of security. Érudits will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Érudits or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

You will not use the Érudits web site for any purpose that is unlawful or prohibited by these terms and conditions. You may not use the Érudits web site in any manner which could damage, disable, overburden, or impair Érudits’s web site (or the network(s) connected to it) or interfere with any other party's use of the Érudits web site. You may not attempt to gain unauthorised access to the Érudits web site, other accounts, computer systems or networks connected to Érudits, through hacking or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Érudits web site.

III. LINKED SITES

The Érudits web site may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of Érudits and Érudits is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Érudits is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Érudits responsible if the Linked Site is not working appropriately. Any dealings with third parties or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the third party. Érudits shall not be responsible or liable for any part of any such dealings or promotions.

IV. ASSESSMENT PRACTICE PACK

a) Erudits ATAR Exam Practice packs will be supplied to you in electronic format.

b) All the resources included in the ATAR Exam Practice packs will be provided to you with password protection.

c) Erudits ATAR Exam Practice packs will be provided to you via Email.

d) Erudits ATAR Exam Practice packs are entirely modifiable to facilitate your ability to customise it.

e) All materials are copyrighted by Erudits and are for the sole use of the school or college that made the purchase. Any school that purchases our resources is granted permission to customise and reproduce the document.

f) Distribution of any of Érudits’s resources in electronic, print or any other format, to any other school or institution is strictly not permitted.

g) Every school in a moderator group is required to purchase their own resource.

h) You will be invoiced, and payment will be required prior to the delivery of any resource via email. Payment can be made either by Electronic Funds Transfer (EFT) or via a valid credit card.

i) Prices of all the resources are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed from our homepage, and we reserve the right to amend our prices at any time.

V. OWNERSHIP OF DATA

All organisation and recipient data are the property of the organisation. Any statistical data derived from Érudits’s services are the property of Érudits.

VI. WARRANTY DISCLAIMER

The information and services included in or available through the Érudits web site may include inaccuracies or typographical errors. Changes are periodically made to Érudits’s web site and services. Érudits makes no representations about the suitability, reliability, availability, timeliness, or other harmful components and accuracy of the information, services and related graphics contained within the Érudits’s web site for any purpose. All such information, services and related graphics are provided "as is" without warranty of any kind. Érudits hereby disclaims all warranties and conditions regarding this information, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement.

VII. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Érudits excludes all liability for any direct, indirect, punitive, incidental, special or consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Érudits web site, with delay or inability to use the Érudits web site, the provision of or failure to provide services, or for any information, services and related graphics obtained through the Érudits web site, or otherwise arising out of the use of Érudits’s web site, whether based on contract, tort (including negligence), strict liability or otherwise, even if Érudits or any of its suppliers has been advised of the possibility of damages.

Notwithstanding the foregoing, the sole and entire maximum liability of Érudits for any reason will be limited in respect of any one cause or claim to the amount paid by you for a specific Érudits service.

If you are dissatisfied with any portion of Érudits’s site/services, or with any of these terms of use, your sole and exclusive remedy is to discontinue using Érudits’s web site and services.

VIII. GOVERNING LAW AND JURISDICTION

This agreement is governed by the laws of Western Australia. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Western Australia in all disputes arising out of or relating to the use of Érudits’s web site. Use of the Érudits web site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Érudits as a result of this agreement.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.