Terms and conditions of use

1. Acceptance

Please read these Terms carefully before activating Your User Account.

The main goal of FuturE-Bookz is to help clients to improve their literacy.

These Terms govern Our relationship with You, including Your subscription to, and licence of, Licensed Materials.

By clicking “I Accept” or a similar button, You will be deemed to have accepted the following Terms creating a binding contractual agreement between You and FuturE-Bookz, under which FuturE-Bookz agrees to grant you a Licence subject to these Terms.  If You do not wish to accept these Terms, you must not click “I Accept” and You may not use the Licensed Material.

Permission to use the Licensed Material is conditional upon You agreeing to the Terms set out below/on this linked page at future-bookz.com/terms-and-conditions/.  The Licence is only offered to You on condition that You read and accept all of these Terms.  Acceptance will bind You and Your Authorised Users to these Terms.  By You or Your Authorised Users using or continuing to use the Website You acknowledge and agree that you accept and agree to abide and be bound by these Terms and any modifications appearing on the Website.

To the extent that anything in these Terms is different to the content available on the Website, the provisions of these Terms shall prevail.

To obtain a:

(a) Single User Licence, you must be over the age of 18 years. For security reasons, we do not allow students under the age of 18 years to enter into a Licence with Us directly;

(b) Multi-User Licence, you must be an Educational Institution and have an ABN.

If you are under the age of 18 years, you may only use the Licensed Material under the supervision of:

(a) your parent or a guardian or an adult mentor who has entered into a Licence on these Terms with Us; or

(b) a teacher of an Educational Institution where you are enrolled as a student and which has entered into a Licence on these Terms with Us.

2. Definitions

In these Terms:

Authorised Users means:

(a) for a Single Use Licence, You and any one identified user under your mentor supervision under the age of 18 years who is a student specified by You on the Website through Your User Account;

(b) for a Multi-User Licence, an Educational Institution, You and the number of your teaching staff and teachers aids and your enrolled students for whom You have acquired a Multi-User Licence as specified by You on the Website through Your User Account.

Combined Material means Licensed Material which is altered, arranged, transformed, varied, added to or otherwise modified by You or Your Authorised User(s).

Copyright means:

(a) any copyright under the Copyright Act 1968 (Cth);

(b) any copyright under the law of a country other than Australia; and

(c) rights in the nature of or analogous to the rights in (a) and (b) under the law of Australia or any other country (including future copyright and rights in the nature of or analogous to copyright).

Educational Purposes means for educational purposes of students and expressly excludes any commercial use including by teachers or others offering private tutoring services.

Educational Institution means a Registered Training Organisation or an education institution registered as a school with an applicable governmental or regulatory authority such as the Department of Education.

FuturE-Bookz or We or Our or Us means FuturE-Bookz Pty Ltd ABN 89 607 375 495.

GST means Goods and Services Tax pursuant to A New Tax System (Goods & Services Tax) Act 1999 (Cth) and the related imposition Act of the Commonwealth.

Initial Term means a period of 12 months from the date You pay a Licence Fee to Us via the Website to access a Purchased Title as may be extended by You in accordance with clause 3.4.

Intellectual Property Rights means all present and future rights anywhere in the world conferred by statute, common law or equity in or in relation to any Copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions, confidential information, trade secrets and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields.

Licence means a Single User Licence or a Multi-User Licence granted by Us to You subject to these Terms.

Licence Fee means the licence fee payable by You under clause 3.1 for the initial grant of a Licence by Us to You for access to a Purchased Title under the Licence being the amount inclusive of GST displayed on the Website when You purchase a Purchased Title on the website.

Licensed Material means with respect to a Purchased Title, the instructional support content, activities, online tools, database, or other artistic or literary work and materials made available by Us on the Website pursuant to a Licence or Licences with respect to a Purchased Title.

Losses mean any and all actions, claims, proceedings, judgments, demands, liabilities, losses, costs (including reasonable legal costs), expenses, penalties, fines and damages which may be brought or awarded against FuturE-Bookz or suffered, incurred or paid by FuturE-Bookz (howsoever arising) in respect of, arising out of or in connection with the Licensed Material, the Licence or Your use of the Licensed Material  and include loss of data, interruption of business or any consequential or incidental damages.

Multi-User Licence means a licence granted by Us that allows You and Your Authorised Users, up to a maximum number of users as per the current fee schedule displayed on the Website to access a Purchased Title subject to these Terms.

Personal Use means acquired for personal, domestic or household use and not for or directed towards commercial advantage or monetary compensation or any other commercial purpose.

Purchased Title means a single publication of instruction support content and activities, online tools, or other artistic or literary work and materials made available by Us on the website which is subject to a Licence.

Reduced Renewal Fee means the amount payable by You under clause 3.4 inclusive of GST displayed on the Website when You renew Your Licence in respect of a Purchased Title.

Registered Training Organisation means education and training providers registered with the Australian Skills Quality Authority.

Single User Licence means a licence granted by Us to You that allows You and Your Authorised User to access the Purchased Title subject to these Terms.

Site Content means all material, content and information made available on the Website and/or FuturE-Bookz’s official social media accounts, including but not limited to the Licensed Material, any written text, graphics, images, photographs, logos, trademarks, audio material, video material and any other forms of expression on the Website.

Terms means the terms and conditions set out in this document. 

You or Your means:

(a) for a Single User Licence, the individual over the age of 18 years who enters into a Licence with Us;

(b) for a Multi-User Licence, the Educational Institution that enters into a Licence with Us.

User Account means a profile created by You with Us via the Website and includes Your title, full name, residential address, phone number and email address. We do not keep any of your credit card details.

Website means the website at the domain name https://future-bookz.com (or such other domain name as FuturE-Bookz may use in relation to the Website from time to time).

3. Terms of Use

3.1 Licence Fee

You must pay the Licence Fee and any Reduced Renewal Fee to FuturE-Bookz for the use of the Licensed Material.

3.2 Single User Licence

(a) Upon entering into a Single User Licence in respect of a Purchased Title (Relevant Purchased Title), FuturE-Bookz grants to You and Your Authorised User a revocable, non-exclusive and non-assignable licence during the Initial Term to:

(1)  access and use the Website and the Relevant Purchased Title to generate Combined Material (Relevant Combined Material); and

(2)  edit, download, print pages from, and view the Relevant Combined Material.

(b) Subject to these Terms, FuturE-Bookz will host the Relevant Combined Material generated by You on the Website during the Initial Term (one year).

(c) You may use the Relevant Purchased Title and the Relevant Combined Materials only for Personal Use and not for any other purpose.

(d) You may not use the Relevant Purchased Title or the Relevant Combined Materials (or both) in any manner inconsistent with these Terms.

(e) You must not use the Relevant Purchased Title or the Relevant Combined Materials (or both) for commercial gain, resale or other transfer or disposition to any other person or entity.

3.3 Multi-User Licence

(a) Upon entering into a Multi-User Licence in respect of a Purchased Title, FuturE-Bookz grants to You and Your Authorised Users a revocable, non-exclusive and non-assignable licence during the Initial Term to:

(1) access and use the Website and the Relevant Purchased Title to generate the Relevant Combined Material; and

(2) edit, download, print pages from, and view the Relevant Combined Material.

(b) Subject to these Terms, FuturE-Bookz will host the Relevant Combined Material generated by You on the Website during the Initial Term.

(c) You may use the Relevant Purchased Title and the Relevant Combined Materials only for Educational Use and Personal Use.

(d) You may not use the Relevant Purchased Title or the Relevant Combined Materials (or both) in any manner inconsistent with these Terms.

(e) You must not use the Relevant Purchased Title and the Relevant Combined Materials (or both) for commercial gain, resale, or other transfer or disposition to any other person or entity.

3.4 Renewal

A Licence in respect to a Purchased Title may be renewed by You prior to expiry of the Initial Term for subsequent terms of 12 months for a Reduced Renewal Fee. Renewal will be at Your sole discretion.

4. User Account

(a) In order to access the Licensed Material, You will need to set up a User Account.  The email address registered on Your User Account will be Your username.  The username and password are personal to You and are not transferable.

(b) You are solely responsible for:

(1) maintaining the confidentiality of Your password; and

(2) all activities that happen under Your User Account and all Combined Materials created under Your User Account, whether or not it is authorised by You.  You should promptly notify us of any unauthorised use of Your User Account.

(c) You acknowledge and agree:

(1) that all information supplied by You in accessing and using the Licensed Material is complete, up-to-date and accurate at all times;

(2) FuturE-Bookz will not be liable to You in the event that any information provided by You is incomplete, inaccurate, misleading or fraudulent;

(3) You may not share Your username and password with anyone other than Your Authorised User(s);

(4) FuturE-Bookz may delete or block your User Account at its own discretion.  Blocked users are prohibited from setting up a new User Account;

(5) You are responsible for obtaining access to the Licensed Material, and that access may involve third-party fees (such as your internet service provider or airtime charges).  You are responsible for those fees. In addition, You must provide and are responsible for all equipment necessary to access the Licensed Material;

(6) You are entirely liable for all activities conducted and the Combined Material through Your User Account, and must supervise and take full responsibility for the use of the Licensed Material by persons under the age of 18 years; and

(7) FuturE-Bookz has the right (but not the obligation) to delete inactive User Accounts without further notice.

5.Combined Material

(a) You acknowledge and agree that the Intellectual Property Rights in the Combined Material arising from or in connection with the use of the Licensed Material vests upon its creation in FuturE-Bookz.

(b) If You delete the Combined Material from the Website, You understand the Combined Material will persist in backup copies maintained by FuturE-Bookz.

(c) FuturE-Bookz will have no responsibility or liability to You for deletion or failure to store the Combined Material or for any failure to delete the Combined Material.

(d) You consent to and acknowledge and agree that FuturE-Bookz may use and exploit the Combined Material for marketing and promotional purposes.

(e) You acknowledge and agree that in making any contribution, addition, deletion, alteration, modification or other change to Combined Material, FuturE-Bookz has the right to do any one or more of the following:

(1) reproduce the Combined Material or include Combined Material on the Website as it sees fit.

(2) do any or all acts or omissions which would otherwise be an infringement of your moral rights as an author. This consent is given for the benefit of FuturE-Bookz and for the benefit of the licensees, assignees of FuturE-Bookz and future owners of Copyright in the Combined Material; and

(3) remove any Combined Material or part of Combined Material that is deemed by FuturE-Bookz to be inappropriate or does not comply with these Terms.

(f) By making any contribution, addition, deletion, alteration, modification or other change to Combined Material (Your Contribution), you acknowledge and warrant in favour of FuturE-Bookz that:

(1) You are entitled to submit Your Contribution for inclusion on the Website;

(2) the publication of Your Contribution does not infringe the rights of any third party;

(3) there is no unlawful, defamatory or inappropriate content contained in Your Contribution;

(4) upon submission of Your Contribution to the Website, FuturE-Bookz will own all rights (including copyright) in Your Contribution;

(5) any use FuturE-Bookz makes of Your Contribution is an authorised use;

(6) You also understand that Your Contribution may be used for any purpose by FuturE-Bookz anywhere in the world;

(7) You waive any right to royalties or other compensation arising or related to the use or sale of Your Contribution;

(8) You release FuturE-Bookz from any liability to for any infringement of any of your rights arising from FuturE-Bookz’s use of Your Contribution, including, but not limited to, claims under Tort Law, Contract Law, the Competition and Consumer Act 2010 (Cth), The Privacy Act 1988 (Cth) and equivalent state and territory legislation;

(9) You have full power to comply with these Terms and that such terms do not in any way conflict with any existing commitment on Your part;

(10) the release contained in this document is irrevocable and the benefit of this release may be transferred by FuturE-Bookz and its licensees and assignees;

(11) other persons may have submitted content to FuturE-Bookz, or may have otherwise made public such content or, that is similar or identical to all or a portion of Your Contribution or concepts contained therein. You understand and agree that you shall not be entitled to any compensation because of the use or exploitation thereof and the submission of Your Contribution, or any posting or display thereof, is not any admission of novelty, priority or originality.

6.Intellectual Property

(a) Nothing in these Terms constitutes a transfer of any Intellectual Property Rights in the Site Content to you or any one else.  You acknowledge and agree that, as between You and Us We own all Intellectual Property Rights in the Site Content, the Website and the Combined Material.

(b) By posting or adding any content onto the Website, You grant Us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit Us to authorise any other person to do the same thing.

(c) The Site Content is protected by copyright and FuturE-Bookz reserves all Intellectual Property Rights which may subsist in the Site Content and the Website.

(d) You must not, without FuturE-Bookz’s prior written consent which may be withheld in its absolute discretion, do any one or more of the following:

(1) copy, republish, reproduce, duplicate or extract Site Content;

(2) redistribute, sell, rent or licence any Site Content;

(3) edit, modify or vary the Site Content;

(4) change, translate or create any derivative works based on the Website or any of Site Content;

(5) attempt to decompile, disassemble, reverse engineer or otherwise translate the Website into any human readable format;

(6) remove any proprietary, copyright or terms notice; or

(7) create other software that incorporates the Website or any aspects of the Site Content.

7.Acceptable Use

7.1 You must not use the Website, or cause the Website to be used, in any way which:

(a) breaches any of these Terms;

(b) infringes FuturE-Bookz’s or any third party’s Intellectual Property Rights;

(c) is fraudulent, illegal or unlawful; or

(d) causes impairment of the availability or accessibility of the Website.

7.2 You must not use the Website, or cause the Website to be used, as a medium which stores, hosts, transmits sends or distributes any material which consists of:

(a) spyware;

(b) computer viruses;

(c) Trojans;

(d) worms;

(e) keystroke loggers; or

(f) any other malicious computer software.

7.3 You must not in connection with Your use of the Website and Licensed Material do any one or more of the following:

(a) use the Website to defame, abuse, harass, stalk, threaten or otherwise offend others;

(b) engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming via the Website;

(c) publish, distribute, e-mail, transmit or disseminate any material which is false or misleading, unlawful, obscene, defamatory, indecent, offensive or inappropriate,

(d) impersonate any person or entity;

(e) use any automated scripting tools or software;

(f) upload, post, e-mail, transmit or otherwise make available using the Website any material that You do not have a right to make available under any law or contractual obligation.

7.4 You must comply with, and You are solely responsible for compliance with, any and all laws, rules and regulations that may apply to your use of the Website and Licensed Material.

7.5 In connection with Your use of the Website and Licensed Material, you will not, and You will not assist, aid or enable others to:

(a) breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, policies or standards;

(b) use the Licensed Material or collect the contents on the Website for any purposes that are not expressly permitted by these Terms or in a manner that falsely implies FuturE-Bookz’s endorsement, partnership or otherwise misleads others to believe or have an impression that you are affiliated with FuturE-Bookz;

(c) copy, store or otherwise access or use any information, including personally identifiable information about any other user, contained on the Website in any way that is inconsistent with FuturE-Bookz’ Privacy Policy or these Terms or that otherwise violates the privacy rights of any user of the Website or third parties;

(d) use the Website in connection with the distribution of unsolicited commercial messages;

(e) use, display, mirror or frame the Website or collect the contents on the Website, or any individual element within the Website, FuturE-Bookz’ name, any FuturE-Bookz trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the FuturE-Bookz Website, without FuturE-Bookz’ express prior written consent;

(f) dilute, tarnish or otherwise harm the FuturE-Bookz brand in any way, including through unauthorised use of the content on the Website, registering and/or using FuturE-Bookz or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to FuturE-Bookz domains, trademarks, taglines, promotional campaigns;

(g) use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Website for any purpose;

(h) avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by FuturE-Bookz or any other third party to protect the Website;

(i) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website;

(j) take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Website.

8.Privacy, Security and Payment

8.1 Privacy

(a) In this clause Personal Information means information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent or can reasonably ascertained, from the information or opinion.

(b) The Website collects and stores Personal Information You enter into the User Account.  FuturE-Bookz is committed to protecting Your privacy rights and will not share personally identifiable information with third party without Your consent.

(c) FuturE-Bookz have taken all practical steps from both a technical and systems perspective to ensure that the details registered on the User Account is well protected.

(d) Personal Information collected on the Website will be maintained in accordance with our Privacy Policy available on the future-bookz.com.

8.2 Payment and Security of Payment

(a) You must pay the Licence Fee and any Reduced Renewal Fee by credit card acceptable to the Commonwealth Bank of Australia to the account as set out on the Website at the time of payment.

(b) All financial transaction are handled by a merchant facility provided by the Commonwealth Bank of Australia.  FuturE-Bookz does not store Your financial information.  SSL encryption is used to handle Your data.

9. Modification of Licensed Material

(a) FuturE-Bookz reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Licensed Material (or any part of the Licensed Material) with or without notice.  FuturE-Bookz shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Licensed Material.

(b) FuturE-Bookz periodically reviews these Terms and reserves the right to amend these Terms, by posting a notice of such amendments on the Website.  You should review this document, as available on the Website, regularly as any changes to the Terms take immediate effect from the date of the publication on the Website.  The continued access and use of the Website by You or Your Authorised User constitutes Your consent to be bound by these Terms, as amended from time to time.

(c) These Terms continue in force unless and until terminated in accordance with these Terms.

10. Warranties and Representations

To the maximum extent allowable by applicable law:

(a) The use of the Website and Site Content is at Your own risk.  The Site Content and everything from the Website is provided to You on an “as is” and “as available” basis without warranty or condition of any kind and may contain errors, defects, viruses and not be available on an uninterrupted basis.

(b) FuturE-Bookz assumes no responsibility for and will not be liable for:

(1) the timeliness, deletion, mis‑delivery, or failure to store any user communications, personalization settings, or the Combined Material; or

(2) any loss or liability relating to the Website use and/or resulting from errors, omissions, down-time, misrepresentations or misunderstandings.

(c) None of FuturE-Bookz’s affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors make any express or implied representation or warranty about the Site Content or Website, including all warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, and all warranties that may arise from Your Use of the Licensed Material.

(d) FuturE-Bookz does not warrant that:

(1) that the servers we use to make the Website and Site Content available will not contain viruses that may harm your computer;

(2) any use of or access to the Licensed Material will be error-free, complete, secure or the content will not be otherwise lost or damaged or meet Your requirements or expectations;

(3) that errors or failures will be corrected or remedied.

11.Limited Liability

11.1 General Limitation of Liability

(a) We will not be liable to You in contract, tort or equity in relation to any direct, indirect or consequential loss You incur in relation to the contents or use of or reliance on Site Content or otherwise in connection with the Website.

(b) Our liability is limited to, to the extent permissible by law and at Our option:

(1) in relation to the Licensed Material:

(A) the replacement of the Licensed Material or the supply of equivalent materials; or

(B) the payment of the cost of replacing the Licensed Material or of acquiring equivalent materials.

(2) in relation to the Website:

(A) access to the Licensed Materials again; or

(B) the payment of the cost of having access to the Licensed Materials again.

(c) To the extent permitted at law, all other warranties whether implied or otherwise, not set out in these Terms are excluded and FuturE-Bookz is not liable in contract, tort (including, without limitation, negligence or breach of statutory duty) or otherwise to compensate you for any increased costs or expenses for:

(1) any loss of data or business interruption;

(2) any loss of profit, revenue, business, contracts or anticipated savings;

(3) any loss or expense resulting from a claim by a third party; or

(4) any special, indirect or consequential loss or damage of any nature whatsoever caused by your use or inability to use the Websites or any of the Licensed Material.

(d) If you are unhappy with any aspect of the Website of Licensed Material or the Terms then your only remedy is to discontinue using any and all aspects of Website, Site Content and Combined Material. You will also need to notify us by email specifying your details and the email address originally used to create the account. You will then be unsubscribed from FuturE-Bookz.

11.2 Information Accuracy

You acknowledge and agree that FuturE-Bookz does not accept any liability for the accuracy of Site Content or Combined Material or Your reliance on the same. 

11.3 Acceptance

By using the Website and Licensed Material, You agree and accept that the limitations of liability provided in this clause 11 are reasonable.

12.Termination

(a) Your or Us may in its discretion terminate Your use of, and access to, the Licensed Material including Your User Account at any time without any reason by written notification (can be by email) to the other party.

(b) If Your Licence in respect of a Purchased Title expires:

(1)You must cease using the Relevant Purchased Title and the Relevant Combined Material immediately; and

(2)You will no longer be authorised to access the Relevant Purchased Title and the Relevant Combined Material.

(c) If Your right to use and access the Licensed Material is terminated under this clause 12(a) or all of your Licences expire then:

(1) You must not to sign up for another User Account and must cease using the Licensed Material, Site Content and Combined Material immediately;

(2) You will no longer be authorised to access the Licensed Material, Site Content and Combined Material or use any other products owned by FuturE-Bookz;

(3) the email address you used to register with the Website or any other email address you possess will not be authorised to access the Licensed Material or any other products owned by FuturE-Bookz;

(4) you will continue to be subject to and bound by all restrictions imposed on you by these Terms;

(5) all licences granted by You and all disclaimers by FuturE-Bookz and limitations of FuturE-Bookz liability set out in these Terms or elsewhere on the Websites will survive termination or expiry; and

(6) all rights and entitlements of FuturE-Bookz in these Terms will survive termination or expiry.

13.Notices

(a) A notice or other communication must be in writing in English and may be served to FuturE-Bookz personally by post or email to FuturE-Bookz at:

Name and ABN: FuturE-Bookz Pty Ltd ABN 89 607 495

Registered Address: 459 Great Western Highway, Faulconbridge NSW 2776

Postal Address: 459 Great Western Highway, Faulconbridge NSW 2776

Email Address: info@future-bookz.com.au

(b) FuturE-Bookz may change its address for service of notices by written notice on the Website.  A notice or notice or other communication must be in writing in English and may be served personally by post or email to you at the details provided on the Website for your User Account.

You may change Your address for service of notices by written notice to FuturE-Bookz at info@future-bookz.com.au.

14.General Provisions

14.1 Exclusions and Limitations

(a) Any provision of, or the application of any provision of these Terms which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.

(b) Any provision of, or the application of any provision of these Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

14.2 Severance

If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms.

14.3 Waiver

The failure, delay or omission by FuturE-Bookz to exercise any power or right conferred upon FuturE-Bookz by this Agreement will not operate as a waiver of that power or right, nor will any single exercise of any such power or right preclude any other or future exercise of the power, or the exercise of any other power or right under this Agreement.

14.4 Laws

These Terms shall be governed by and construed in accordance with the law for the time being applicable to New South Wales and you agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales.

14.5Assignment

(a) You acknowledge and agree that We may assign our interest in this agreement to any other party in our sole discretion without prior notification to you.

(b) You acknowledge and agree that your rights and obligations under this agreement are personal to you and non-transferable.