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Background |
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1 |
These
are English To Go™ Limited's
Terms of Use for its SelfAccess™
service. Acceptance of these terms is a pre-condition of English
To Go™ making the SelfAccess™
service available to you. Please read these terms carefully
before indicating your acceptance at the end of the text of
these Terms of Use. If you do not agree to be bound by these
Terms of Use, do not sign it and you will not be supplied
with the SelfAccess™ service.
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2 |
These
Terms of Use form an Agreement between English To Go™
Limited "English To Go" and the purchaser of subscriptions
to SelfAccess.com ("the Agreement"). Unless expressly varied
in writing by English To Go™, these Terms of Sale will
apply to and govern all services supplied by English to
Go™. This Agreement supersedes any prior representations,
undertakings, communications or advertising relating to
the SelfAccess™ service.
SelfAccess
Physical Address
English-To-Go Ltd
Level 4, 68 Shortland Street.
Auckland 1001
New Zealand
Phone:
+64 (9) 375-3090
Fax: +64 (9) 375-3041
sales@selfaccess.com
Postal Address:
English-To-Go Ltd.
PO Box 2345
Shortland Street
Auckland 1001
New Zealand
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1. |
Term of Agreement and Termination |
| 1.1 |
This
Agreement will take effect, and the SelfAccess™ service
will be supplied to you from the date that English To Go™
accepts your application for membership.
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| 1.2 |
This
Agreement will terminate immediately (without notice to you)
if you fail to comply with any term or condition of this Agreement.
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| 1.3 |
Upon
termination of the Agreement you will cease to use the intellectual
property of English To Go™ or Reuters™ intellectual
property which is the subject of this Agreement, whether in
the nature of copyright, trademark or otherwise.
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| 1.4 |
Termination
of this Agreement for any reason will not affect your liability
to continue to observe and perform those provisions of this
Agreement which are intended to survive termination, including
(without limitation) clauses 3.4 and 4.3.
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| 2. |
Refund |
| 2 |
If
you are not satisfied within a 24 hour period, we will refund
the cost of the purchased product minus any charges incurred
by us for the cost of processing your purchase and refund.
Email sales@selfaccess.com |
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Permissible and Prohibited Uses of the SelfAccess™ Service
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| 3.1 |
Use
of SelfAccess™ lessons and exercises are restricted to
those persons and education institutions that purchase SelfAccess™
memberships.
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| 3.2 |
If
you are an individual member i.e. have not purchased an institutional
license, when using the SelfAccess™ service you will
only be able to complete each exercise a maximum of 10 times.
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| 3.3 |
If
you are an education institution, you agree to inform your
students and employees who are using the SelfAccess™
service that they are bound by these Terms of Use and to take
all reasonable precautions to enforce them.
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| 3.4 |
If
you are an individual, you agree that you will only store
the SelfAccess™ content for personal, non-commercial
use.
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| 3.5 |
You
agree not to electronically transmit, copy, reproduce, republish,
disseminate, adapt or modify the SelfAccess™ content
except with the prior written consent of an authorised representative
of English To Go™. Any republication or dissemination
of the SelfAccess™ content must be in the terms specified
by English To Go™ Limited.
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4. |
Intellectual Property |
| 4.1 |
You
acknowledge that any and all of the trademarks, trade names,
copyrights, patents and other intellectual property rights
("the intellectual property") used or embodied in
or in connection with the SelfAccess™ service are and
remain the sole property of English To You and that all rights
to the intellectual property worldwide are reserved to English
to You.
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| 4.2 |
You
acknowledge that any and all of the trademarks, trade names,
copyrights, patents and other intellectual property rights
("the intellectual property") used or embodied in
or in connection with the Reuters™ content are and remain
the sole property of Reuters™ and that all rights to
the intellectual property worldwide are reserved to Reuters™.
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| 4.3 |
In
the event that new inventions, designs or processes ("the
innovations") evolve from the performance of or as a
result of this Agreement, you agree that rights to the innovations
are the property of English To Go™. You agree to transfer
the rights to the innovations to English To Go™ upon
English To Go™'s request to do so, at English To Go™'s
expense.
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| 4.4 |
The
obligations contained in this Clause 3 will continue to apply
without limit in point of time and will not merge on or be
extinguished by, the termination of this Agreement, or by
any other fact or circumstance, unless English To Go™
agrees in writing to the termination of these obligations.
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5. |
Confidentiality |
| 5.1 |
All
information obtained from the SelfAccess™ service including
but not limited to passwords, lessons, and exercises ("the
confidential information") are proprietary, secret and
confidential to English To Go™.
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| 5.2 |
You
agree that you will use the confidential information in accordance
with the provisions of this Agreement and that you will not
at any time during or after the expiry or termination of this
Agreement, disclose or distribute (or permit to be disclosed
or distributed) those materials whether directly or indirectly
to any third party.
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| 5.3 |
The
obligations contained in this Clause 4 will continue to apply
without limit in point of time and will not merge on or be
extinguished by, the termination of this Agreement, or by
any other fact or circumstance, unless English To Go™
agrees in writing to the termination of these obligations.
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6. |
Liability |
| 6.1 |
You
agree that English To Go™ will not be liable to you for
any: |
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(a) |
Errors,
omissions, interruptions or delays in connection with the
provision of the SelfAccess™ service; or |
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(b) |
Failure
to provide the SelfAccess™ service; or |
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(c) |
Loss
or damage whatsoever or howsoever caused arising directly
or indirectly in connection with provision of the SelfAccess™
service. |
| 6.2 |
You
agree that English To Go™ will not be liable to you or
to any third party for any indirect, special, incidental or
consequential loss or damage or for loss of profit, business,
revenue, goodwill or anticipated savings, which may arise
in respect of the provision and your use of the SelfAccess™
service, and the SelfAccess™ website.
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| 6.3 |
The
exclusions of liability referred to in the above clause 5.2
apply to liability in contract or in tort (negligence) and
any other principle of legal liability.
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| 6.4 |
In
the event that any limitation or provision contained in this
Agreement is held to be invalid for any reason and English
To Go™ becomes liable for loss or damage that might otherwise
have been excluded, it is agreed that such liability will
be limited in the manner specified in clause 6.3 of this Agreement.
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| 6.5 |
The
foregoing does not affect or prejudice your statutory rights.
Some states or jurisdictions do not allow the exclusion or
limitation of incidental, consequential or special damages,
or the exclusion of implied warranties or limitations on how
long an implied warranty may last, in that case, the above
limitations may not apply to you.
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7. |
Limitation of Remedies |
| 7.1 |
To
the maximum extent permitted by law, where any right, duty
or liability would arise under this Agreement or where any
conditional warranty would otherwise be implied into this
Agreement by implication of law, or under any statute, is
hereby negatived and excluded from this Agreement.
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| 7.2 |
If
you are an institution, you agree to indemnify English to
Go™ against all liabilities, costs, claims and expenses
of whatever nature, and whether or not under the Consumer
Guarantees Act 1993 in respect of claims by or through parties
to whom you supply the SelfAccess™ service to.
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| 7.3 |
To
the maximum extent permitted by law, English to Go™'s
entire liability to you under any heading is limited to the
sum of the total membership fees paid up to a maximum of 12
months or US$60.00.
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8. |
Information and Privacy Act |
| 8.1 |
For
the purpose of facilitating the efficient running of English
to Go™'s business, you authorise English To Go™
to collect all information it will require from you.
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| 8.2 |
The
information will be collected, held and used on the condition
that : |
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(a) |
it
will be held at English To Go™'s office: |
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(b) |
it
will be accessible to any of English To Go™'s employees
and agents who need access to the information for the efficient
running of English To Go™'s business; and |
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(c) |
you
may request access to and correction of the information at
any time.
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9. |
Limitation of Remedies |
| 9.1 |
This
Agreement will be governed by the laws in force in New Zealand.
This Agreement will not be governed by the United Nations
Convention on Contracts for the International Sale of Goods,
the application of which is expressly excluded. The Courts
of New Zealand shall have non-exclusive jurisdiction in any
dispute involving this Agreement.
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| 9.2 |
If
any part of this Agreement is found void and unenforceable,
it will not affect the validity of the balance of the Agreement,
which shall remain valid and enforceable according to its
terms.
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| 9.3 |
Failure
or delay by English To Go™ to enforce any right or provision
of the licence is not deemed a waiver of that provision or
right with respect to any breach.
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| 9.4 |
Any
changes in this Agreement will be notified on the SelfAccess™
.com website.
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| 9.5 |
English
To Go™ reserves the right to withdraw the SelfAccess™.com
website or terminate your access to the SelfAccess™.com
website at any time without notice.
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| 9.6 |
You
acknowledge that English To Go™ is under no obligation
to further develop the SelfAccess™ service. English To
Go™ is also under no obligation to perform or supply
any upgrades or enhancements to the SelfAccess™ service,
or to service or support the SelfAccess™.com website.
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10. |
Limited
Notice |
| 10.1 |
The
words SelfAccess™ and English To Go™ are trademarks
of English To Go™ Limited, at Auckland, New Zealand.
SelfAccess™ and all content on the SelfAccess™ website
are copyright 2001-2007 of English To Go™ Limited. All
rights are reserved worldwide.
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| 10.2 |
All
Reuters™ material in SelfAccess™ lessons and exercises
are copyright 1997-2007 of Reuters™ and are used with
the express permission of Reuters™ Limited.
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