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Please read this
information carefully.
The download or
submission of an order for Software Products to Educational Innovations
by you indicates an acceptance of and agreement to be bound by these
Product Terms and Conditions. If you do not agree with the Product
Terms and Conditions do not download or submit any orders for Software
Products. Educational Innovations suggests that if you have any queries
in relation to the Product Terms and Conditions that you seek your own
independent legal advice.
It is agreed:
1. General Relativity Pty Ltd trading
as Educational Innovations (“Educational Innovations”) agrees to supply
and you agree to take a licence to use the products (“Software
Products”) subject to these terms and conditions (“Agreement”). The
Software Products that you order through Educational Innovations are
subject to the terms and conditions of the end user licence agreement
accompanying such Software Products (the “End User Licence”). Except
for the terms of this Agreement, all of your rights and remedies with
respect to your possession and use of the Software Products are
governed by the End User Licence.
2. The Price for the Software
Products are listed in the Price List appearing in this website from
time to time. All Prices on this site are referred to in US dollars.
Prices do not include any federal, state, municipal or other foreign
government duties or taxes (such as sales, goods and services tax, etc,
unless otherwise stated). All such amounts will be in addition to the
Price stated in this website. All payments to Educational Innovations
for Software Products are to be made using the method prescribed.
Australian residents are liable for GST on Educational Innovations'
Software unless able to provide a declaration that you are not in
Australia at the time of making the purchase and will not be making use
of the Software in Australia.
3. All ownership, title and
intellectual property rights in and to the Software Products belong to
Educational Innovations. The Software Products will not be provided in
any other format to you than as described in this website. Software
Products must not be used for, or in the design of any ultra hazardous
activities, including but not limited to, air traffic control, critical
care operation, mining, nuclear installations, and the like.
4. To the full extent permissible
under applicable law, Educational Innovations expressively disclaims
all warranties express or implied of any kind with respect to the
Software Products, including warranties of merchantability, fitness for
a particular purpose and non-infringement. Some jurisdictions limit or
do not allow the disclaimer of implied or other warranties and the
above disclaimer shall not apply in those jurisdiction to the extent
such laws are applicable to this Agreement.
5. Educational Innovations and their
directors, officers, employees, consultants, agents or other
representatives shall not be liable for any damage, loss or expense of
any kind arising out of or resulting from your possession or use of the
Software Products regardless of whether such liability is based in
tort, contract or otherwise. Some jurisdictions limit or do not allow
an exclusion of liability and the above exclusion of liability shall
not apply in those jurisdiction to the extent such laws are applicable
to this Agreement.
6. Notwithstanding Clause 5,
Educational Innovations limits its liability in the case of the product
to the replacement of the product or the supply of equivalent product,
or the repair of the product, or paying of the costs for replacing the
product or acquiring equivalent product, or the payment of the cost of
having the product repaired. If the foregoing are held to be
unenforceable, the maximum liability of Educational Innovations and
their directors, officers, employees, consultants, agents or other
representatives to you shall not exceed the amount of the price paid by
you for the Software Products. Some jurisdictions limit or do not allow
a limitation of liability and the above limitation of liability shall
not apply in those jurisdiction to the extent such laws are applicable
to this Agreement.
7. In no event shall Educational
Innovations or their directors, officers, employees, consultants,
agents or other representatives be liable to you for any indirect,
special, incidental, consequential or punitive damages (including
without limitation loss of profits, loss or corruption of data, loss of
goodwill, work stoppage, computer failure or malfunction or
interruption of business), regardless of whether Educational
Innovations or their directors, officers, employees, consultants,
agents or other representatives have been advised of the possibility of
such damages.
8. You represent and warrant for the
benefit of Educational Innovations that you:
8.1. are
at least 18 years of age;
8.2.
possess the legal right and ability to enter into this Agreement and
make the credit card payment on your own behalf or on behalf or any
person for whom you are acting as agent and/or that you are authorized
to do so; and
8.3. all
information that you submit is true, accurate and current.
9. Whilst Educational Innovations
takes every precaution in the preparation of its technical circulars,
price lists and its other literature these documents are for your
general guidance only. You acknowledge that you have not relied on any
representation made by Educational Innovations which has not been
stated expressly in this Agreement or upon any technical circulars,
price lists or other literature produced by Educational Innovations.
Educational Innovations employees or agents are not authorized to make
any representations concerning the Software Products unless such
representations are confirmed by Educational Innovations in writing.
10. You agree that in the event you
have any complaint associated with Educational Innovations that you
will comply with the following complaint process:-
10.1. You
will contact Educational Innovations forthwith and outline your
complaint in writing advising all relevant details.
10.2. You
will allow Educational Innovations 30 days in which to respond to your
complaint in writing thereafter you will enter into good faith
discussions with Educational Innovations to resolve such complaint.
10.3. In
the event that a satisfactory resolution to the complaint cannot be
achieved you will enter into mediation with Educational Innovations for
resolution of the complaint prior to pursuing any legal action to the
extent permitted by law.
11. If a dispute arises between the
parties, including the non-resolution of a complaint as referred to in
clause 10.1 you agree that no court proceedings in relation to the
dispute will be taken by you unless the following mediation process has
been completed:-
11.1. You
must advise Educational Innovations of any dispute by written notice
adequately identifying and providing details of the dispute, referring
to any documentary evidence of the matters claimed in the dispute and
designate a representative who has authority to negotiate and settle
the dispute.
11.2.
Within 28 days after receiving the notice referred to in clause 11.1
Educational Innovations must respond to the notice providing details
and referring to any documentary evidence in support and designate a
representative who has authority to negotiate and settle the dispute.
11.3.
Within 20 days of receiving the notice from Educational Innovations,
you and Educational Innovations must negotiate and endeavor to settle
the dispute.
11.4. If
the dispute is not settled within 30 days of the attempts to negotiate
and endeavor to settle the dispute as provided in clause 11.3 an
independent mediator with relevant experience of the matter in dispute
or failing agreement a person appointed by the President of the Law
Society of South Australia will be appointed to mediate the dispute.
11.5. If
within two months after the date of the mediator's appointment the
dispute has not been resolved, either party may by notice in writing
terminate the mediation process and seek such remedies as they decide.
11.6.
Except in relation to urgent junction relief, you agree that you will
not commence court proceedings or arbitration unless you have first
complied with the dispute resolution provisions contained in this
clause. You agree that this agreement may be pleaded as a bar to any
court action commenced prior to the termination of the mediation
process.
11.7. In
any case, you shall bear your own costs for the mediation.
11.8. You
acknowledge any exchange or information or documents of the making or
any offer or settlement pursuant to this clause is an attempt to settle
the dispute between the parties. Neither you nor Educational
Innovations may use any information or documents obtained through the
dispute resolution process for any other purpose.
12. The information contained in the
Software Product is presented for the purpose of education and
information only. Nothing contained in the Software Product is intended
to be or to assist medical diagnosis, medical advice or treatment for
patients. Some of the terminology or drug references contained within
the Software may not be familiar to you. It is terminology or drug
references commonly used within Australia. If you determine that you do
not understand or you are not familiar with the terminology or drug
references you should stop using this Software Product; if you do
continue to use the Software Product you proceed at your own risk.
General Relativity Pty Ltd disclaims any and all liability for the
accuracy or currency of the information in the Software Product.
General Relativity Pty Ltd disclaims any and all legal responsibility
whether such arises in contract, tort or statute for damages or
compensation arising from the use of the Software. You should confirm
any information contained in the Software with other sources. No
association or affiliation exists between Educational Innovations and
any company, or drug referenced in the Software.
13. You shall not assign or transfer
or purport to assign or transfer this Agreement or the benefits thereof
to any other person without the prior written consent of Educational
Innovations and payment of any applicable fee.
14. Educational Innovations
shall not be liable for any failure by it to perform this Agreement, or
for any loss and damage suffered by the Buyer in consequence thereof
which failure arises from any cause whatsoever beyond the control of
Educational Innovations, including (but not being limited to) computer,
communication or network failures, fire or other accident, strikes or
other lab our disputes, inability of Educational Innovations' supplier
to deliver materials or finished products, any computer virus
introduced by a third party to the product supplied by Educational
Innovations to you, or any other law, proclamation, regulation or
ordinance or any government agency.
15. This Agreement shall be governed
by and construed in accordance with the laws in force in South
Australia and all disputes arising in connection with this Agreement
shall be submitted to the jurisdiction of the relevant court of South
Australia. Educational Innovations has no physical presence or
permanent establishment in the United States of America or any
jurisdiction other than Australia.
16. This Agreement, the End User
Licence and any other agreement expressly referred to herein,
constitute the entire agreement of the parties with respect to the
subject matter hereof and supersedes all previous written or oral
agreement between the parties with respect to such subject matter. No
waiver by either party or any breach or default hereunder shall be
deemed to be a waiver of any proceeding or subsequent default or
breach. Educational Innovations may freely transfer, assign or delegate
all or any part of this Agreement and all rights and duties thereunder,
without the requirement of consent. This Agreement will be binding upon
an inure to the benefits of the heirs, successors and permitted assigns
of the parties. Headings and sub-headings are for clarification
purposes only and do not form part of these terms and conditions.
17. Educational
Innovations' Contact Information
General Relativity Pty
Ltd ACN 105 944 474 trading as “Educational Innovations”
PO Box 46, North Adelaide, South Australia, Australia, 5006
Telephone or Facsimile: +61 8 8267 1034
E-Mail: info@educinnov.com
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