Terms and Conditions
1. Licence Agreement
This Licence Agreement is between Early Childhood Australia (ECA) (hereafter referred to as the Publisher) and the subscribers of the Everyday Learning Series (EDL), the Research in Practice Series (RIPS) and the Every Child magazine (EC) who are being given access to bonus materials on the ECA Publication Resources Online platform (hereafter referred to as the Customer).
- The bonus online resources that you (the Customer) are about to access are copyright protected and are the property of ECA (the Publisher). All rights reserved. In all countries, there are civil and/or criminal laws against copyright infringements. By downloading, copying, installing, accessing or otherwise using ECA Publication(s) and associated materials, you agree to be bound by the terms of this Licence Agreement.
- As the Customer, you are responsible for ensuring that the terms and conditions of this Licence Agreement are adhered to fully.
- If you (the Customer) fail to abide by these terms and conditions, or violate any other terms of this Licence Agreement, the Publisher reserves the right in its sole discretion to suspend or terminate access to its electronic resources immediately and without notice, in addition to any other available remedies.
- Nothing in this Licence Agreement shall, in any way, exclude, modify or affect any of the Customer’s rights under the Australian Copyright Act 1968 or any statutory instruments made there under, or any amending legislation.
2. Access, registration and account security
- Your purchase of a subscription of RIPS and/or EDL and/or EC grants you (the Customer) a non-exclusive, nontransferable licence to use the ECA Publication Resources Online platform and its available content, provided that all payments of amounts due and payable remain up to date.
- In order to access the ECA Publication Resources Online platform, you (the Customer) will need to become a registered user by setting up a User-Account—with an individual user-name and email address—by following the Publisher’s instructions on this process.
- In the case of a subscription taken out by a company, service, school or any other organisation, the subscribing organisation will be responsible for the provision of individual users’ personal details for account set-up as well as acceptance of the Publisher’s terms and conditions and Privacy Statement respectively. The provision of this user-information implies that the individual user has accepted the Publisher’s terms and conditions and Privacy Statement.
- You (the Customer) are only permitted to store ECA’s electronic Publication(s) and associated materials on the local drive of your own personal or employer-allotted individual computer at your workplace, with access only for your use. The Customer is not permitted storage and/or access to/on the local area network, wide area network, intranet or internet without the prior written permission of ECA (see Clause 3). Institutions and organisations, including libraries and subscription agencies, are not permitted to distribute the materials provided through the ECA Publication Resources Online platform in any form.
- Maintaining the security of User-Accounts is important to ECA. You (the Customer) agree to maintain the confidentiality of your User-Account(s) (including passwords), and agree to not authorise any other person to access your User-Account(s).
- When accessing the ECA Publication Resources Online platform, you (the Customer) will not do, or attempt to do, any of the following:
- Gain unauthorised access to any part of the ECA Publication Resources Online platform or any other system, network or server connected to the portal or any content, information, material or documentation contained hereon, including by hacking or any other means.
- Use the ECA Publication Resources Online platform to obtain, trace or exploit the information, including personal information, of any user or Customer connected to the portal.
- Breach or circumvent any security or authentication measures on the ECA Publication Resources Online platform or any other system, network or server connected to the portal.
- Use any software, process or other means to interfere with the working of the ECA Publication Resources Online platform in any way.
- Use the ECA Publication Resources Online platform for any purpose that is illegal or breaches these terms and conditions.
- You (the Customer) will take all reasonable steps to ensure that the use and access of the ECA Publication Resources Online platform comply with the obligations set out in these terms and conditions.
- ECA reserves the right to terminate any ECA Publication Resources Online registration/account at any time, if the account-user has breached any of ECA’s terms and conditions.
3. Usage Restrictions
The materials provided through the ECA Publications Resources Online platform may NOT be used for any: (i) fee-for-service use, including providing access to or selling copies of items, (ii) systematic supply or distribution of portions of, or items from, the online version of the materials in any form, regardless of whether or not such service is done for compensation, or (iii) similar commercial or marketing activity.
3.1. The Customer may:
3.1.1 Search, view, retrieve and display the materials.
3.1.2 Use RIPS PowerPoints presentations to display and present content to staff for professional development.
3.1.3 Print copies of the EDL electronic fact sheets for sharing with colleagues, students, families and carers.
3.2. The Customer may not:
3.2.1 Remove or alter the authors’ names or the Publisher’s copyright notices or other means of identification or disclaimers as they appear in the ECA Publication Resources Online material(s).
3.2.2 Upload or distribute any part of the ECA Publication Resources Online material(s) on any electronic network, including—without limitation—the internet and the World Wide Web.
3.2.3 Transmit electronic copies of the ECA Publication Resources Online material(s) or portions of the material(s) to others (except EDL fact sheets via newsletters, as outlined).
3.3 The Publisher’s express, prior written permission must be obtained in order to:
3.3.1 Use all or any part of the ECA Publication Resources Online material(s) for any commercial use.
3.3.2 Systematically distribute the whole or any part of the ECA Publication Resources Online material(s) to anyone.
3.3.3 Publish, distribute or make available the ECA Publication Resources Online material(s), works based on the ECA Publication Resources Online material(s) or works that combine them with any other material, other than as permitted in this Licence Agreement.
3.3.4 Alter, abridge, adapt or modify the ECA Publication Resources Online material(s), except to the extent necessary to make them perceptible on a computer screen, or as otherwise permitted in this Licence Agreement. For the avoidance of doubt, no alteration of the words or their order is permitted.
3.3.5 Transfer any of your rights and obligations under these terms and conditions to anyone else. The Publisher’s rights and obligations under these terms and conditions are freely assignable by the Publisher.
- These terms and conditions must be read in conjunction with the Publisher’s Privacy Statement. The Publisher complies with the terms of its Privacy Statement.
- You (the Customer) acknowledge and agree that personal information submitted to the Publisher via the ECA Publication Resources Online platform will be handled by the Publisher in accordance with its privacy statements, applicable laws and these terms/conditions.
- By setting up a User-Account, you (the Customer) grant the Publisher ongoing consent to receive promotional and marketing information regarding relevant products and services of ECA, unless you actively opt out of receiving such communication.
5. Right to remove online materials
- The Publisher reserves the right to withdraw from the materials provided through the ECA Publications Resources Online any item or part of an item that it no longer retains the right to publish, or which it has reasonable grounds to believe infringes copyright, or is otherwise offensive, defamatory or erroneous. In such event, the Customer will be required to delete the ECA Publication Resources Online material(s) and destroy all paper and electronic copies immediately.
6. Amendments to terms and conditions
- ECA (the Publisher) reserves the right to amend the terms and conditions from time to time. The Customer’s continued use of the ECA Publication Resources Online platform, following such notification, will represent agreement to be bound by the terms and conditions as amended.
- If ECA fails to enforce any of these terms and conditions, it will not be considered a waiver. Any amendment to, or waiver of, these terms and conditions will be made in writing and signed by ECA.
7. General terms and conditions
- You (the Customer) acknowledge and agree that any access to, or use of, the ECA Publications Resources Online is at your own risk.
- ECA does not make any representations or warranties about the availability, functionality or performance of the ECA Publications Resources Online and its material(s), or the accuracy, completeness or currency of any of the content or data accessible through the ECA Publications Resources Online.
- ECA will not be liable to you (the Customer) for indirect, consequential or special damages, including loss of revenue or anticipated profits, loss of goodwill, loss of business or loss of data due to the use of the ECA Publications Resources Online platform or its material(s).
- If any part of these terms and conditions is found to be unenforceable, the remaining parts will remain in full force and effect.
- Nothing in these terms and conditions will prevent us from complying with any law.
8. Support services and problem-reporting
- For any difficulties concerning the terms of this Licence Agreement, or questions regarding ECA copyright, the Customer may contact the ECA Studio and Publications team:
Telephone: 1800 356 900
- For queries related to account set-up, platform use or troubleshooting, ECA provides support from its National Office based in Canberra (ACT) during normal working hours: 9.00 am to 5.00 pm from Monday to Friday, excluding ACT Public Holidays. Please visit our website or contact our customer service team:
Telephone: 1800 356 900 during business hours (free call In Australia), or +61 2 6242 1800
Fax: +61 2 6242 1818