Terms and Conditions of Use of The Commonwealth iLibrary
As at 10 September 2014
These Terms and Conditions are between you and/or your organisation, hereinafter "Customer", and the Publisher of the titles and content, hereinafter “Work”, accessible via this online platform, hereinafter “Service”, which have been subscribed to, including the back catalogue, where available. The Publisher affirms that it holds all rights granted herein, and reserves all those not expressly granted to the Customer.
1. Grant of Access and Usage
In consideration of the Subscription Fee, and the agreement to abide by these Terms and Conditions, the Customer is granted a non-exclusive and non-transferable right to access the Service and display the Work on its secure internal network for use by Authorised Users.
"Authorised Users" are defined as being;
a) For Academic and Not-For-Profit Organisations - those members of faculty or staff, either permanent, temporary, contract, visiting or retired, or students, or alumni or other persons permitted to use the institution's library services.
b) For all other Organisations - those current members of the staff, whether on a permanent, temporary or contract basis.
2. Ownership of Material
Title and ownership of the Work remains the Publisher's. Any copies made (as permitted within these Terms and Conditions) should clearly state this, together with the requisite copyright notice (see below).
3. Copy Restrictions
Authorised Users can copy, download or print content for their own use, and can include excerpts from the Work in their own documents, presentations, blogs, websites and teaching materials, including MOOCs (Massive Open Online Courses), provided that suitable acknowledgment of the Publisher as source and copyright owner is given. The Title of the material, © Publisher Name, publication year (if available) and page number or URL (Uniform Resource Locator) as applicable, should be cited. All requests for public or commercial use and translation rights should be submitted to the Publisher’s Rights Department (see the About section for more details). Subject to these restrictions, a complete single electronic copy of the subscribed Work may be made, for the purpose of backing up, maintenance of service and archiving. For Academic and Not-For-Profit Organisations only, Inter-Library Loan, performed electronically, may also be made solely on a non-commercial one-off basis.
4. Subscription Fee
These Terms and Conditions are effective, providing the requisite Subscription Fee is paid. The full list of titles and prices available for subscription can be found in the About section. The Subscription Fee is due thirty days from receipt of invoice. The Subscription Fee is exclusive of any sales, use, value-added or similar taxes, and the Customer shall be liable for any such taxes if applicable. The Publisher reserves the right to add, delete or cease updating titles to, from and in the Work. If deletions or terminations made during the Customer's current subscription period result in a 10% or more decrease to the subscribed Work, thereby rendering them less useful in a material respect, the Customer is entitled, upon request, to a proportional refund taking into account time elapsed, number of issues already available online and value of the title or titles within the Customer's overall subscription. A request for refund, in order to be considered, must be made prior to the end of the Customer's subscription period when such modification to the Work occurred.
5. Restrictions on Usage
Transmission of the Work to any third party who is not an Authorised User, via Internet, World-Wide Web, E-mail, or any other similar technology, is expressly forbidden. No commercial usage or redistribution is permitted. The Customer may provide concurrent access to the Work to multiple Authorised Users on a single site only. Access for Authorised Users at multiple sites via the Customer's network may be subject to the payment of an additional fee – please contact the Publisher for more details. Walk-in users may access the Work only on the Customer's premises, but not remotely.
6. Transfer Restrictions
Access to the Work is granted solely to the Customer and may not be transferred without prior written consent from the Publisher. Any authorised transferee shall be bound by these Terms and Conditions and limited warranty. In no event may the Work be transferred, assigned, rented, leased, sold or otherwise disposed of on a temporary or permanent basis, except as expressly provided herein.
Upon termination, the Customer may continue to have use of the Work available in PDF format, including the back catalogue, for which the full Subscription Fee has been received. In the case of termination of a Statistics database, upon request within 3 months of the end of the subscription, a CD-Rom or DVD will be sent. However, the grant of access and usage will automatically terminate if any provision of these Terms and Conditions is not complied with. In this eventuality, the Customer must cease distribution and use of the Work, and destroy all backup copies made.
8. Limited Warranty and Disclaimer of Warranty
The Publisher does not warrant, guarantee or make any representations, either expressly or implied, regarding, but not limited to, the correctness, accuracy, reliability, currentness, merchantability, fitness of use for a particular purpose, or otherwise, of the Work – it is supplied ‘as is’. The Publisher shall not be liable for any direct, indirect, consequential or incidental damages (including, without limitation, damages for loss of business profits, business interruption, or loss of business information) arising out of the use or inability to use the Work by the Customer and/or Authorised Users. Irrespective of cause or form of any legal action, the Publisher’s liability will not exceed the annual subscription price paid by the Customer for the Work.
9. Service Commitment
The Publisher retains the right to alter the content of the Work at any time. However, all reasonable endeavours will be used to ensure that the Work is available to the Customer and its Authorised Users on a 24 hour basis (except for routine maintenance) once the Subscription Fee has been received, and that any interruption will be resolved as quickly as possible.
The Customer acknowledges having read these Terms and Conditions and limited warranty, understood them and by paying the Subscription Fee agrees to abide by them, unless agreed otherwise between the Customer and Publisher.