Terms & Conditions

Institutional Licence Agreement

Terms & Conditions

Definitions

1. "Agreement" refers to this Agreement and includes, any signed Term Sheet, any approved Purchase Order, Invoice, these Terms and Conditions, and any signed addendums. Any terms and conditions purported to be introduced in any Purchase Order shall not apply unless they have been approved in writing, signed and returned by a representative of the Publisher. In the event of a conflict the order of precedence shall prevail as follows: Term Sheet, Signed Addendums, Terms and Conditions, Invoice, approved Purchase Order.
2. "School" means the institution which has signed a Term Sheet or has been invoiced for Products from the Publisher;
3. "Products" means the Jacaranda digital products purchased by way of delivery of access codes or directly from the Publisher or any of its authorised resellers by the School (or as part of any 'free trial offering') as may be set out on any Agreement or written confirmation.
4. "Publisher" means John Wiley & Sons Australia, Ltd ABN: 67 009 673 081;
5. "Licensed Users" means all students, staff or other individuals who have been provided with an individual access code for the Products. Licensed Users shall include both Licensed Students and Licensed Staff.
6. "Licensed Uses" are the ways in which the Product(s) are permitted to be used as set out in Annexure A to these terms or as otherwise agreed in writing by the Publisher.
7. "Licence Term" means the term set out on the Term Sheet, or as set out on the Invoice, or the specified free trial period or if not specified then for a period of 12 months from the date of initial access of the Product;
8. "Year Level" means the year level of the Licensed Students or Licensed Staff for which the Products have been purchased for use as set out in the Invoice description of the Products (i.e. Year 7, Year 8).

Licence and Term

1. In consideration of the fee charged to the School (or for free trial, for the specified 'free trial access period'), the Publisher agrees to provide access codes for the School to redeem or to provide set up of School accounts for Licensed Users, which upon redemption and/or access shall grant a non-exclusive, non transferable licence to access the Products to the School’s Licensed Users and agrees to provide the Services to the School for the duration of the Licence Term on the terms set out in this Agreement.
2. The licence for the Products is only for the utilisation of the Products in accordance with the Licensed Uses. No other uses of the Products are licensed or authorised.
3. Where access is provided earlier than the start date of the Licence Term by the Publisher in its sole discretion, the Licence Term shall be deemed to begin on the date any of the School’s Licensed Users are first granted access to the Products.
4. The use of the Products by a Licensed User is granted subject to each Licensed User accepting the terms and conditions of the individual digital licence agreement. The terms of each Product’s digital licence agreement is set out at http://www.jacplus.com.au/jsp/general-nav/terms/terms.jsp and the Publisher reserves the right to revise, amend and update any individual Product digital licence agreement at any time effective on the date of posting amended terms to the JacPLUS site. Nothing in these conditions affects the right of the Publisher to exclude access to the Products to an individual Licensed Student, where that Licensed Student is in breach of the individual Product digital licence agreement with the Publisher and all exclusions shall be notified to the School within a reasonable time before such exclusion, unless it is a material breach which threatens the safety and security of the platform.

School obligations

In addition to any other obligations set out in this Agreement, the School agrees to:

1. take all reasonable measures to inform Licensed Users of the terms and conditions of use governing access to the Products on the School’s system and to emphasise to such Licensed Users the need to comply with all restrictions on access, use, reproduction and transmission as required under the terms of this Agreement;
2. if access is made available to Licensed Users through the School’s network or any other network, ensure that the network is secure and undertake reasonable measures within its control to prevent access to and improper use of the Products by any unauthorised persons (other than the School’s own information technology personnel who may require access for administration purposes or other staff or persons notified to and approved by the Publisher); and take responsibility for terminating any unauthorised access of which it has actual notice or knowledge;
3. if access is made available to Licensed Users through the provision of a portable device or computer pre-loaded with the Product, ensure that reasonable measures within its control are undertaken to prevent access to and improper use of the Products by unauthorised persons, which shall include but shall not be limited to providing individual student and staff with individual personal log-ins; and take responsibility for terminating any unauthorised access of which it has actual notice or knowledge;
4. promptly notify the Publisher of any copyright infringement or unauthorised usage of the Products, which comes to the School’s attention; co-operate with the Publisher in the investigation of such infringement or unauthorised use and in any action, which the Publisher takes to enforce its copyright, at the Publisher’s expense. Notwithstanding the above, the School shall not be responsible for such unauthorised use which is without the express or implied consent of the School, provided that the School has taken reasonable steps to prevent such misuse and, upon learning of it, notifies the Publisher promptly of any breach or infringement; and
5. On the expiry of the Licence Term of this Agreement, the School shall ensure that the School and its staff delete all offline digital content or versions of the Product that may have been saved in any server, computer or other device, including student devices or portable computers and shall instruct its students to do the same. However, legitimate versions which are required for backup or archival purposes of the School are permitted to be retained, provided that all versions retained for such back-up or archival purposes shall remain subject to the terms of this Agreement although the uses shall be limited to access only for this purpose and not for any educational or teaching purposes.

Access

1. The School and all Licensed Users must take their own precautions to ensure that that the process used for accessing the Products on the Publisher’s website does not expose the User or the School to the risk of viruses, trojan horses or other malicious computer code that may damage the system or data. No responsibility is accepted by the Publisher for any loss or damage caused by the School’s or any Licensed User’s access to the Products.
2. The School acknowledges that third party software may be required or recommended to access or use a particular feature of the Products (for example, Adobe Acrobat Reader). The Publisher may provide links to third party sites where such software may be downloaded; however the Publisher provides no warranties or assurances as to the safety, suitability or any other aspect of any such third party websites or software. The School acknowledges that it will be solely responsible for any damage or loss of data that may result from accessing any third party website linked from this website or downloading or using any third party software or files to the School’s computers from any third party links and that the School undertakes all such actions at the School’s own risk.

Privacy and Data Collection

1. Personal information received under this Agreement shall be treated in accordance with the Publisher’s privacy policy, unless as expressly set out in this Licence in clause 5.2 below – the Publisher’s privacy policy is found here http://www.jacplus.com.au/jsp/general-nav/copyright/privacy_policy.jsp. The School warrants that it has all necessary consents and/or authority to provide access to all personal information provided to the Publisher pursuant to this Agreement.
2. In addition to the above, the School acknowledges for the Digital Citizenship (powered by Cyberpass) Products, this Product is provided and hosted by a third party Roar Educate Pty Ltd. In accessing this product, personal information in relation to Licensed Users shall be transferred to Roar Educate Pty Ltd and all such information shall be treated in accordance with its privacy policy - https://thecyberpass.com/privacy.

Intellectual Property

1. All rights (including without limitation copyrights, patents and trademarks) in the Products (including without limitation the content, images, structure, sequence, organisation, flow, logic, source code, object code and all means and forms of operation of the Products) are the sole and exclusive property of the Publisher, and/or its licensors.
2. In the event that the Products allow Licensed Users to upload content (“User Generated Content”) the User Generated Content shall remain the copyright of the user who contributed the User Generated Content or the School, as the case may be, and the Publisher will be granted a non-exclusive, perpetual, royalty free, worldwide licence to display, reproduce and communicate to the public the User Generated Content as part of the Product and on Wiley websites or in other Wiley materials, for the necessary operation of the Product and all Wiley promotional purposes and all other internal backup and operational purposes.
3. The School agrees not to allow or encourage any students or staff to share access to the Products and to use reasonable endeavours to protect the Products from unauthorised use, reproduction or distribution.

Moderation

The Publisher only provides moderation of User Generated Content for MyWorld Atlas Product case studies which are accepted for publication on the MyWorld Atlas internet home page visible on the internet to the public. In all other circumstances, the School agrees and acknowledges that the Publisher does not moderate any User Generated Content and is in no way liable for any loss or damage caused by any offensive, discriminatory or otherwise unlawful or infringing material being posted or uploaded by Licensed Users. Licensed Students are not able to post User Generated Content until they are connected to a Licensed Staff user and such User Generated Content is only visible to the School’s Licensed Users. Licensed Staff users are able to flag any inappropriate content for removal by the Publisher in a timely fashion.

Payment Terms

1. Payment terms and processes shall be as set out in the Term Sheet or Invoice, but if not specified shall be payable within 30 days of the date of Invoice.
2. In the event that the School does not pay any amount due within the agreed due date for payment of the Invoice, the Publisher shall have the right to restrict all user access to the Products until such payment is made.
3. All Products are non-refundable, other than as required in accordance with any applicable consumer or other laws.

Copyright Agency Limited & the statutory licence

1. Where the School is using the Product in one of the Licensed Uses, this Licence replaces and goes beyond the statutory licence scheme in Part VB of the Copyright Act 1968 (Cth) and other rights administered by Copyright Agency Limited that allows the School to use the Product in certain circumstances.
2. Amongst other things, this means the School can include this resource in the “Register of Licences” supplied to Copyright Agency Limited by Survey Managers if the School is being sampled for the purposes of Part VB. The Publisher (or other rights holder) will not be entitled to receive income from Copyright Agency Limited for such uses. The amount of the Licence Fee takes this into account.
3. However if the School uses the Product in any other manner not allowed under this Agreement (such as providing photocopies to students who are not Licensed Students), the School can use the Products in the manner only in accordance with the limits as permitted pursuant to the statutory licences set out in Part VB of the Copyright Act and must include such uses on any survey undertaken on behalf of the Copyright Agency Limited.

Warranty

The School warrants that it will not use the Products other than in accordance with these terms and that it will comply with the terms of this Agreement.

Termination

1. The Publisher may terminate this Agreement in whole or in part on 14 days’ notice if there is a breach of the terms, if notice has been given by the Publisher of the breach and the School has not remedied such breach within 14 days of notification.
2. In the event that the Publisher continues to provide online access to the Products following the expiry of the Licence Term or termination of this Agreement, the School acknowledges that any continued access remains on the terms and conditions of this Agreement and that the Publisher may cease this continued access at any time.
3. In any event, on the expiry of this Agreement, the School agrees to ensure that the School and its staff delete all offline digital content or versions of the Product that may have been saved in any server, computer or other device and shall instruct its students to do the same.

Limitation of liability

1. To the maximum extent permitted by law, save for the express written terms in this Agreement, all express or implied terms, conditions, warranties, statements, assurances and representations in relation to the Product(s) are expressly excluded. The School acknowledges and accepts that access to the Product(s) may be intermittently available due to repair and maintenance and other events outside of the Publisher’s control. Although efforts are made by the Publisher to maintain accurate and up to date information in the Products, the Publisher does not warrant that the content is accurate, adequate or complete
2. If any of the exclusions or limitations set out in this clause are declared illegal or void or if there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by law, then, to the extent permitted by law, our entire liability and your exclusive remedy is limited to, at our discretion, the replacement of the Products or the supply of equivalent Products or Services.
3. In no event will the Publisher, including its agents, licensors, employees or contractors, be liable for any direct, indirect or consequential loss (even if the Publisher is or was aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill; or business interruption, however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of any performance or non-performance of the Product(s) or of the Publisher.
4. To the maximum extent permitted by law, the Publisher’s maximum cumulative liability under this Agreement shall not exceed an amount greater than the amount the School paid for the relevant Product.

General

1. If any provision of this Agreement is held to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
2. If the Publisher waives its rights on any given occasion, this does not mean that there has been a waiver of the Publisher’s rights in future.
3. This Agreement, including the Term Sheet and Annexures and any properly executed amendments constitute the entire agreement between the parties and supersedes all other prior written or oral agreements and negotiations between the parties regarding this transaction.
4. The construction, validity and performance of this Agreement is governed in all respects by the law of Victoria and the parties unconditionally submit to the jurisdiction of the courts of Victoria.

Annexure A - Licensed Uses

How can the Products be used?

The Licensed Staff and Licensed Students of the School may use the Products in the following manner:

• View and interact with the Products using their personal log-in on computers or devices;
• Make digital copies, photocopies and print-outs of the Products for personal use or for use in class, provided that all students in the class are Licensed Students in the Year Level;
• Use reasonable excerpts of the Products in assignments, projects, worksheets and teaching materials with appropriate attribution for distribution to Licensed Students in the Year Level;
• Upload user-generated content to the Products where permissible and share this with other users or the public;
• Download offline PDFs and EPUB versions of the Products and associated digital documents accessed via their personal log-in onto Licensed Staff or Student personal computers or devices for personal or teaching use; and
• Display the Products on an interactive whiteboard or through a projector to Licensed Students in the Year Level.

Additional Uses for the School

In addition to any other rights of use, the Licensed Staff and Licensed Students of the School may use the Products in the following manner:

• Upload downloadable elements of the Products (being PDFs, EPUBs and digital documents) to a password protected shared drive, intranet or learning management system that allows access to the Products only by Licensed Staff and Licensed Students;
• Download the downloadable elements of the Products (being PDFs, EPUBs and digital documents) to portable laptop computers or personal devices provided that such computer or devices are only provided to Licensed Students or Licensed Staff, do not exceed one laptop or device per Licensed User, and do not exceed the total quantity of Licensed Users.
• IT Administrators are authorized to ‘image’ devices being deployed to Licensed Users.

For clarity, except as expressly provided above, users:

• Cannot make and distribute printed copies or digital copies of the Products or any part to students who are not Licensed Students;
• Cannot modify the Products other than as expressly permissible in ProjectsPLUS or in another Product;
• Cannot copy or transform the Products into a different format than that provided, other than where expressly permitted as part of the Product;
• Cannot upload any portion of the Products to the internet or share a personal log-in and password with any other person;
• Cannot use the Products or parts of the Products in any presentation outside of the School or load onto other devices for distribution outside the secure School network, or authorize non-licensed users to do any of these acts; or
• Cannot copy, distribute, transmit or otherwise reproduce, sell, or resell material from the Products; store such material in any form or medium in a retrieval system; or transmit such material, directly or indirectly, for use in any paid service or to undertake in any systematic distribution of the material from the Products or the Products themselves, whether or not for commercial or non-profit use, or for a fee or free of charge.

JacPLUS Licence Agreement

This Licence Agreement (as set out in the summary and in the full terms) sets out the terms and conditions under which John Wiley & Sons Australia Ltd of 42 McDougall Street, Milton, QLD 4064, Australia or its licensees (“Wiley”) grants the user (“you”) a licence to access the JacPLUS portal and online resources (“JacPLUS”).

This Licence Agreement is intended for persons 18 years or older. If you are under 18, you should review this Licence Agreement with a parent or guardian to ensure that you and your parent or guardian understand and consent to all the terms.

Terms and Conditions

1. Wiley grants you a non-exclusive, non-transferable licence to access, read and utilise the JacPLUS platform. Where you are a parent or guardian entering into this Licence Agreement on behalf of a child, you may solely grant that one child access to JacPLUS on the terms of this Licence Agreement.
2. You agree to use JacPLUS for your own education and/or teaching use and to view and interact with JacPLUS using your personal log in only. You agree not to share your personal log-in or password with any other person. You also agree not to make JacPLUS, or any part thereof, available on public internet sites or in any way allow anyone without authorised access to read, download or access JacPLUS.
3. The licence granted for your use of JacPLUS is ongoing; however Wiley may terminate your account if there are no active digital resources being accessed through JacPLUS, if there has been no account activity for more than twelve months or if Wiley ceases to provide JacPLUS. If your account is terminated any stored personalised settings or information held within JacPLUS will be deleted.
4. If Wiley determines a breach of this Licence Agreement, your licence to use this site may be automatically terminated. If Wiley terminates the licence due to a breach, such termination will be in addition to any other remedies available to Wiley. Upon termination, you agree to delete any part of JacPLUS, which you may have retained in print or electronic form.
5. You acknowledge that all rights (including without limitation, copyrights, patents and trademarks) in JacPLUS (including without limitation the structure, sequence, organisation, flow, logic, source code, object code and all means and forms of operation of JacPLUS) are the sole and exclusive property of Wiley, and/or its licensors.
6. Wiley makes no representations or warranties, express or implied, in respect of JacPLUS, other than that Wiley will use commercially reasonable best efforts to provide continued access to JacPLUS for the period of this Licence Agreement. To the extent allowable by law, Wiley provides the access ‘as is’ and does not provide any other warranties or guarantees, express or implied, as to any availability, fitness for purpose, merchantability or title of JacPLUS or of any third party software which may be required to access JacPLUS. Access to JacPLUS may be intermittently unavailable due to repair and maintenance, and other events out of Wiley's control. Where Australian legislation, including but not limited to the Competition and Consumer Act (Cth), implies any condition or warranty on the supply of JacPLUS, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement.
7. You acknowledge that third party software may be required or recommended to access or use a particular feature of JacPLUS. Wiley may provide links to third party sites where such software may be downloaded; however Wiley provides no warranties or assurances as to the safety, suitability or any other aspect of any such third party websites or software. You acknowledge that you will be solely responsible for any damage or loss of data that may result from accessing any third party website linked from this website or downloading or using any third party software or files to your own computer from any third party links and that you do all such actions at your own risk.
8. To the extent allowable by law, Wiley or its licensors will not be liable to you for any damages, including without limitation lost opportunity, lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use JacPLUS, any third party software or any damage caused to you or your property by utilising JacPLUS and the liability of Wiley for any breach of any non-excluded condition or warranty shall be limited, at the option of Wiley, to the replacement of JacPLUS, the supply of an equivalent product or service, or to the costs paid by you for JacPLUS.
9. You warrant that you will not use JacPLUS otherwise than in accordance with the terms of this Licence Agreement.
10. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. 
11. The construction, validity and performance of these terms and conditions and the Summary are governed in all respects by the law of Victoria and the parties unconditionally submit to the jurisdiction of the courts of Victoria.
12. These terms and conditions are subject to change from time to time at the sole discretion of Wiley. Wiley will give notice of its intention to vary the terms of the Agreement to all users. If it does so, your continued use of JacPLUS will be deemed acceptance of these revised terms. Otherwise, these terms may be also amended by agreement in writing between Wiley and yourself or with your School if they have provided you with access.
13. Wiley may make changes to JacPLUS, and you agree that Wiley may, from time to time, notify you regarding updates, additions or amendments to JacPLUS and any associated services. Personal information received in relation to this Licence Agreement will be treated by Wiley in accordance with Wiley’s Privacy Policy

Jacaranda Products – learnON/PDF

This document sets out the terms and conditions (“Terms and Conditions”) under which John Wiley & Sons Australia Ltd (registered office located at: Level 4, 600 Bourke St, Melbourne Victoria) or its licensees (“Wiley”) grants the user (“you”) a licence to access all subscribed formats of online products and supporting resources, including, but not limited to learnON (“learnON”) and PDF (collectively known as the Jacaranda Products (“Jacaranda Products”)) and certain associated services (“Services") which are provided to you in relation to your use of the Jacaranda Products.

These Terms and Conditions are intended for persons 18 years or older. If you are under 18, you should review these terms with a parent or guardian to ensure that you and your parent or guardian understand and consent to all the terms.

These Terms and Conditions apply to all Jacaranda Products accessed on this JacarandaPLUS platform or any successor thereto, other than products which have specific separate terms, such as MyWorldAtlas, which will be separately shown and presented.

A. Section A - Summary of Licensed Uses

How can Jacaranda Products be used?

How Jacaranda Products CANNOT be Used:

At the end of the Licence Term:

• You agree to delete any saved material from Jacaranda Products you may have retained separately from the online version of Jacaranda Products when your access to Jacaranda Products expires or is otherwise terminated.

B. Section B - Full Terms and Conditions

1. Access to the Jacaranda Products is governed by these Terms and Conditions and the terms set out in the Summary above.
2. Wiley grants you a non-exclusive, non-transferable licence to access, read and utilise the Jacaranda Products as set out in the Summary. This licence is non-transferable, except for verified teachers, where the licence is only transferable in accordance with the terms as set out in clause 8. Where you are a parent or guardian entering into these Terms and Conditions on behalf of a child, you may solely grant that one child access to the Jacaranda Products on the terms of these Terms and Conditions.
3. You agree to use Jacaranda Products for your own education and/or teaching use and to view and interact with Wiley Products using your personal log in only. You agree not to share your personal log-in or password with any other person (other than with the child who may be the registered user). You also agree not to make Jacaranda Products, or any part thereof, available on public internet sites or in any way allow anyone without authorised access to read, download or access Jacaranda Products.
4. The licence granted for your use of Jacaranda Products is valid for the Term, as defined in clause 5 below. The Term commences on the date you accept these Terms and Conditions by accessing [“any subscription to a” OR “subscribing to any”] Jacaranda Product (“Acceptance Date”).
5. The ‘Term’ means:
   1. Except where clause 5(b) applies, a period commencing on the Acceptance Date and terminating on 31 December in the same year (or for two year subscriptions on the 31 December in the following calendar year), except that codes entered after September 1 of each calendar year, will be granted additional time and will terminate on 31 December in the next calendar year;
   2. Where the Jacaranda Products have been purchased as part of a ‘digital bundle’ product or provided through your School or other Institution: the Term shall be in accordance with your School or Institution’s agreement with Wiley, which is usually for the duration of a school year.
6. Wiley may grant you access to Jacaranda Products for an initial trial period, in which case the Term runs for a period of 14 days or otherwise at the sole discretion of Wiley. If you choose to convert your trial period into an ongoing licence, by payment of a licence fee or as otherwise determined by Wiley, the continued use of Jacaranda Products will be governed by these terms and conditions.
7. In the event that Wiley continues to provide online access to Jacaranda Products following the expiry of the Term or any termination, the continued use of Jacaranda Products will be governed by these Terms and Conditions and access can be terminated at any time in Wiley’s discretion.
8. If you have purchased a copy of the print book for a title in association with the Jacaranda Products and sell the book to a new user, the subscription for the Jacaranda Products activated through the access code is not transferable. If you are a teacher transferring a subscription obtained through an access code in a print book, to another teacher, you may be asked to undertake a verification process, if verification has not already been completed upon account creation, and we will allow such transfers at our sole discretion.
9. At the expiration of the Term, these Terms and Conditions will be automatically terminated. Wiley may also immediately terminate your licence and Access Code in the event of:
   1. Wiley determining a breach of these Terms and Conditions;
   2. You misrepresenting your status as a teacher or incorrectly identify the school with which you are associated;
   3. Impersonation of another person or allowing another person to use Jacaranda Products using your account name and password;
   4. Engaging in or encouraging conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol;
   5. Violations of system or network security, which may also result in civil or criminal liability. Wiley will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of Jacaranda Products, including, without limitation, the following:
      • Accessing data not intended for such user or logging into a server or account which user is not authorised to access;
      • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
      • Attempting to interfere with the Services to any user, host or network, including, without limitation, via means of submitting a virus to the Site or Services, overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited e-mail, including promotions and/or advertising of products or Services; or
      • Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
   6. If Wiley terminates the licence due to a breach, such termination will be in addition to any other remedies available to Wiley. For student users, we may notify your instructors or teaching personnel of suspected violations of these terms or of prohibited uses. Upon termination, you agree to delete any part of Jacaranda Products, which you may have retained in print or electronic form.
10. Some Jacaranda Products may allow you to:
    1. Add your own original content or post your content in blog, user comment, or GAI Services enabled areas (“Your Content”). Remember that all information that is disclosed in blog, comment or other public areas becomes public information and you should exercise caution when deciding to share any of your personal information as part of Your Content
    2. Use the Jacaranda Products as modified with Your Content
    3. Arrange for third parties to have access to Your Content subject to these Terms and Conditions
    By submitting Your Content through the Jacaranda Products, you hereby grant Wiley, solely in connection with delivering the Services associated with the Jacaranda Products (including but not limited any services associated with use of JacarandaPLUS or the online PDFs), and any necessary internal operational purposes, a worldwide, royalty-free, non-exclusive, non-sublicensable license for the full term of copyright and any renewals thereof to use, distribute, reproduce, publish, and communicate, adapt Your Content or any part thereof. This licence shall extend to any output (“Output”) obtained through you submitting Your Content to any GAI Services. You acknowledge that use of the Jacaranda Products is for your personal use only.
11. Except as expressly permitted herein, you shall not:
    • Access the Jacaranda Products by any means other than instructions provided by Wiley
    • Use the Jacaranda Products for any illegal or unauthorized purpose
    • Share with any third party any access codes or account information, including without limitation your username and password that you may create or Wiley may provide in connection with the Jacaranda Products
    • Use any scraper, crawler, spider, robot or other automated means of any kind to access or copy this site, the Jacaranda Products, or any material included therein, deep-link to any feature or content on the Jacaranda Products, or any material included therein, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Jacaranda Products, or any material included therein
    • Use or enable artificial intelligence technologies and tools to ingest, train, test, analyze, process, copy, distribute, make publicly accessible, and/or generate output (including resulting from the use of artificial intelligence technologies and tools) based on this site, the Jacaranda Products, or any material included therein, or upload, copy, or host the Jacaranda Products, or any material included therein to or for use in artificial intelligence technologies and tools directly or indirectly (e.g., through the use of third-party plugins, extensions or decentralized custom chatbots associated with those artificial intelligence technologies and tools).
    and/or upload, post or otherwise distribute or facilitate distribution or creation (via any GAI Services or otherwise) of any content that:
    • Is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, discriminatory, or is otherwise inappropriate;
    • Infringes on any patent, trademark, trade secret, copyright, moral right, right of publicity, or other proprietary right of any party;
    • Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, or any form of lottery or gambling;
    • Constitutes the selling or trading of any merchandise;
    • Constitutes the soliciting for advertisers/sponsors; conducting contests/raffles; displaying advertising/sponsorship art; promoting, soliciting or participating in chain letters or marketing/pyramid schemes;
    • Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
    • Contains links to sites that violate these Terms and Conditions; or
    • Impersonates any person or entity.
    We do not pre-screen, monitor or edit the content posted by users of the Jacaranda Products. However, we have the right at our sole discretion to remove any content that, in our judgment, does not comply with the foregoing or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You are responsible for all activity that occurs under your account and you are solely responsible for maintaining the confidentiality of your access codes and account information. You must notify us immediately if you become aware of any unauthorized use of your access codes or account information.
12. In addition to the above, some Jacaranda Products may include Generative Artificial Intelligence services (“GAI Service”), such as the “jacTutor” service. Your use of any GAI Services as part of a Jacaranda Product will additionally be governed by the GAI Services Use Terms in the below. You will be notified of Jacaranda Products which include GAI Services before your use of those Jacaranda Products.
13. You may from time to time provide Wiley with suggestions, ideas or other feedback regarding the Jacaranda Products (“Feedback”). Both parties agree that Wiley shall own such Feedback and is entitled, but not obligated, to use, develop and exploit it in any manner, without restriction or duty to compensate or seek permission from you.
14. You acknowledge that all rights (including without limitation, copyrights, patents and trademarks) in the Jacaranda Products (including without limitation the structure, sequence, organisation, flow, logic, source code, object code and all means and forms of operation of Jacaranda Products and any GAI Service (“Wiley Content”) ), other than Your Content are the sole and exclusive property of Wiley, and/or its licensors. No title to or ownership of any portion of the Jacaranda Products, the Wiley Content or any other products or services manufactured, sold and/or distributed or otherwise made available by Wiley, or any proprietary rights related to those products/services, is or will be transferred pursuant to or by virtue of this agreement. Wiley hereby grants you a limited, non-exclusive, non-sublicensable, revocable license to display and reproduce the Wiley Content (other than software code) solely for your personal use in connection with using the Jacaranda Products in accordance with these Terms and Conditions.
15. Wiley makes no representations or warranties, express or implied, in respect of Jacaranda Products (including any GAI Service), other than that Wiley will use commercially reasonable best efforts to provide continued access to Jacaranda Products for the period of these Terms and Conditions. To the extent allowable by law, Wiley provides the access ‘as is’ and does not provide any other warranties or guarantees, express or implied, as to any availability, fitness for purpose, merchantability or title of Jacaranda Products or of any third-party software which may be required to access Jacaranda Products. Access to Jacaranda Products may be intermittently unavailable due to repair and maintenance, and other events out of Wiley's control. Where Australian legislation, including but not limited to the Competition and Consumer Act (Cth), implies any condition or warranty on the supply of Jacaranda Products, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement.
16. You acknowledge that third party software may be required or recommended to access or use a particular feature of Jacaranda Products (including GAI Service). Wiley may provide links to third party sites where such software may be downloaded; however, Wiley provides no warranties or assurances as to the safety, suitability or any other aspect of any such third-party websites or software. You acknowledge that you will be solely responsible for any damage or loss of data that may result from accessing any third-party website linked from this website or downloading or using any third-party software or files to your own computer from any third-party links and that you do all such actions at your own risk.
17. You warrant that you will not use Jacaranda Products otherwise than in accordance with the terms of these Terms and Conditions.
18. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
19. The construction, validity and performance of these terms and conditions and the Summary are governed in all respects by the law of Victoria and the parties unconditionally submit to the jurisdiction of the courts of Victoria.
20. These Terms and Conditions are subject to change from time to time. Wiley will give notice of its intention to vary the terms of the Agreement to all users via any reasonable means (before they take effect), such as by providing an update log of changes on this page. For any material changes, we may provide notice by a banner notification, an email, an in-service pop-up message, or any other means. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised terms. If the terms and conditions change, your continued use of Jacaranda Products will be deemed acceptance of these revised terms. If the Terms and Conditions materially change and you do not wish to continue using the Jacaranda Products under the updated terms, you may terminate your access by contacting us. Otherwise these Terms and Conditions may also be amended by agreement in writing and signed between Wiley and yourself or with your School if they have provided you with access. The effective date set forth at the top of this document indicates when these Terms and Conditions were last changed.
21. Wiley may make changes to Jacaranda Products, and you agree that Wiley may, from time to time, notify you regarding updates, additions or amendments to Jacaranda Products and Services. If such amendments materially change the service provided under these Terms and Conditions and you do not agree to any of these changes, you may terminate your access by contacting us.
22. Personal information received in relation to these Terms and Conditions will be treated by Wiley in accordance with the Jacaranda  Privacy Policy. Wiley will process and store profile information that you provide to Wiley in accordance with this policy. For a list of subprocessors that we use, please see appendix A at the bottom of these Terms and Conditions.
23. Where access to the Jacaranda Products has or will be provided to you by your institution or school (“Institution”), then in accessing the Jacaranda Products you consent to Wiley:
    1. Collecting the following personal information about you from the Institution: first and last name, institution, year level; and
    2. Disclosing personal information to your Institution directly relevant to your use of the Jacaranda Products, such as results of assessments set by instructors and other analytics regarding your access to the Jacaranda Products.

C. Section C - GAI SERVICE USE TERMS

These terms are applicable to the use of any GAI Services, in addition to the above Terms and Conditions.

1. Content

   Your input in the course of using GAI Services may include but is not limited to selecting a prompt from a pre-determined set of prompts available in the GAI Services or inputting free-text to a text box and submitting the text to the GAI Services. Input can also mean clicking on and progressing with pre-set input options, as suggested to you by the GAI Services.

   You represent and warrant that you have all rights, licences and permissions needed to provide Your Content as input to the GAI Services and for our use of the input in providing the GAI Services.

2. Restrictions

   When using our GAI Service, you may not:

   1. Use the GAI Services for any purpose other than for your personal, non-commercial educational and/or teaching use directly related to the relevant Jacaranda Product which the GAI service supports.
   2. Attempt to bypass any protective measures and safety features included in the GAI Services;
   3. Represent that any Output is human-generated when it is generated by the GAI Services;
   4. Interfere with or disrupt the GAI Services;
   5. You may not use the Services or the Output to develop machine learning models or other artificial intelligence tools or technologies; or use Output to develop models,software, services, or products that compete with our GAI Services.
3. Output Content

   Your Output shall form a part of the licence you grant to us in accordance with clause 10 of Section B, above.

4. Accuracy

   Our GAI Services use machine learning models and artificial intelligence models. Artificial intelligence and machine learning models generate predictions based on patterns in data. Output generated by a machine learning model is probabilistic, and generative artificial intelligence services, including our GAI Services, may produce inaccurate or inappropriate content. Outputs should be evaluated for accuracy and appropriateness for your use case. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice. You should not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.

Appendix A – List of Subprocessors

MyWorld Atlas Student Licence Agreement

This Licence Agreement sets out the terms and conditions under which John Wiley & Sons Australia, Ltd of 42 McDougall St, Milton, QLD 4064, Australia ('Wiley') grants the user ('You') the rights to use the MyWorld Atlas online product (an electronic and interactive version of the Jacaranda Atlas 7th Edition, and supporting multimedia resources) ('MyWorld Atlas') purchased with either the Jacaranda Atlas 7th Edition book ('Book') or separately.

This Licence Agreement is meant for persons who are over the age of 12. If you are 12 or older, but under 18, you should review this Agreement with a parent or guardian - or if your School has provided you with access, your teacher - to ensure you understand all the terms.

1. Licensed Rights

Wiley grants You the non-exclusive licence to access, read and use MyWorld Atlas on the following terms and conditions. This licence is non-transferable, except in the case of second hand book sales, where a limited licence is transferable, as defined below in clause 5.

MyWorld Atlas is accessed via your JacPLUS profile and is available in two versions; a 'lite' version is provided free of charge to all users who purchase a copy of the Book, and a 'full' version which is available for purchase as a one-year subscription.

2. Conditions of Use

Wiley has or will provide You access to myWorld Atlas with a unique access code (‘Access Code').  The Access Code will be kept confidential by You and registered to your individual email address for the term of your licence as set out in clause 3 below. Where You are a parent or guardian entering into this Licence Agreement on behalf of a child, You may solely grant that one child access provided that they comply with the terms and conditions of this Licence Agreement.

You agree to comply with the following:

1. You will use MyWorld Atlas for your personal use only, in the course of research or study or as part of the preparation and execution of class lessons by a registered teacher.
   Personal use means any reasonable use for your own learning and education. You may:
   • View, use and participate in the MyWorld Atlas online through Wiley's website,
   • Add comments, upload images (if You own them) and answer questions with answers reviewable by your teacher.
2. Under the terms of this licence and in order to maintain the security of the digital resources of MyWorld Atlas, You agree You will not:
   • Copy, paste, share, distribute, download or communicate MyWorld Atlas or parts thereof;
   • adapt MyWorld Atlas or any parts thereof, except within your personalised section of MyWorld Atlas;
   • use or attempt to use MyWorld Atlas on more than one computer at any one time;
   • share or allow anyone else to use your Access Code when You are not using it;
   • make any MyWorld Atlas content provided by Wiley available on public internet sites or in any way allow anyone without authorised access to read, download or access MyWorld Atlas;
   • use MyWorld Atlas to upload images or text that is not owned by You, or for which You do not have express permission, make available material that is not age appropriate for school students, participate in bullying or other antisocial behaviour, or upload any material that infringes the rights of others.
3. You acknowledge that copyright in the MyWorld Atlas compilation and any written material You may contribute, vests in Wiley. The copyright in any images You contribute to MyWorld Atlas remain with You, but You grant Wiley a non-exclusive perpetual license to use the Images in all forms, editions and languages connected with MyWorld Atlas throughout the World.
4. You will not attempt to circumvent Wiley's digital protection measures surrounding MyWorld Atlas, make or distribute unauthorised copies of MyWorld Atlas, or use, copy, modify, or transfer MyWorld Atlas, in whole or in part, except as expressly permitted by this Agreement.

4. Term and Termination

The licence granted for your use of myWorld Atlas is valid for the Term, as defined below. The Term commences on the date on which You indicate your acceptance to these terms and conditions ("Acceptance Date").

The ‘Term' is defined as:

1. ‘Lite Version': Where the Access Code to myWorld Atlas is contained inside the printed Book - where You are the first owner of this Book, for a period beginning on the Access Date and ending no earlier than 3 months from the date in which Wiley ceases all sales of this edition of the Book, as determined by Wiley; or
2. ‘Full Version': Where myWorld Atlas and/or the Access Code is purchased separately - for 548 days (approximately 18 months) from the Acceptance Date.

Notwithstanding the above, Wiley may grant You access to MyWorld Atlas for an initial trial period, in which case the Term runs for a period of 14 days or otherwise at the sole discretion of Wiley. If You choose to convert your trial period into an ongoing licence, by payment of a licence fee or as otherwise determined by Wiley, the continued use of MyWorld Atlas will be governed by these terms and conditions.

5. Second Hand sales of the Book

If you have purchased a copy of the printed Book in association with myWorldAtlas, You may sell the Book to a new user along with the Access Code contained in the Book, however the new user will only be granted ‘lite' access to myWorldAtlas, even where You may have upgraded your own personal registration to ‘full' access. The new user will be required to pay an additional amount to upgrade to the ‘full' version of myWorldAtlas. The new user thereby becomes the sole user of that Access Code and will be subject to a new Licence Agreement on registration. You will no longer be able to access MyWorld Atlas with that Access Code once transferred.

6. Termination

1. At the expiration of the Term, this Licence Agreement will be automatically terminated.
2. If Wiley determines a breach of this Licence Agreement, your licence and Access Code are automatically terminated. If Wiley terminates the licence due to a breach, such termination will be in addition to and not in lieu of any equitable, civil, or other remedies available to Wiley.
3. Upon termination, You agree to delete any saved material from MyWorld Atlas You may have retained in personal files separate from the online version of MyWorld Atlas.
4. Wiley agrees to store your MyWorld Atlas profile (including your results and any content You have added to the system) for no less than 12 months from expiry of your Access code. If You choose to re-register with a new Access Code via the same JacPLUS profile within 12 months, Your MyWorld Atlas profile and stored material will be available to You.

7. Wiley's Rights

You acknowledge that all rights (including without limitation, copyrights, patents and trademarks) in MyWorld Atlas (including without limitation the structure, sequence, organisation, flow, logic, source code, object code and all means and forms of operation of MyWorld Atlas) are the sole and exclusive property of Wiley, and/or its licensors. By accepting this Licence Agreement You do not become the owner of MyWorld Atlas, but You do have the right to use it in accordance with the provisions of this Agreement. You agree to protect MyWorld Atlas from unauthorised use, reproduction or distribution. You further agree not to decompile, disassemble or otherwise reverse engineer the underlying source code of MyWorld Atlas.

You may use MyWorld Atlas to create your own content for your personal use only in the course of study and research and, in the case of third party material, in accordance with the fair use provisions of the Copyright Act 1968 (Cth). Nothing in this Agreement allows You to on-license MyWorld Atlas or any part thereof, or to communicate MyWorld Atlas to the public.

8. Warranty and Indemnity

1. Wiley makes no representations or warranties, express or implied, in respect of MyWorld Atlas, other than that Wiley will use commercially reasonable best efforts to provide continued access to MyWorld Atlas for the length of the Term. To the extent allowable by law, Wiley provides the access ‘as is' and does not provide any other warranties or guarantees, express or implied, as to any availability, fitness for purpose, merchantability or title. Access to MyWorld Atlas may be intermittently unavailable due to repair and maintenance, and other events out of Wiley's control. Notwithstanding the foregoing, where Australian legislation, including but not limited to the Competition and Consumer Act (Cth), implies any condition or warranty on the supply of MyWorld Atlas, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement.
2. To the extent allowable by law, Wiley or its licensors will not be liable to You for any damages, including without limitation lost opportunity, lost profits, lost savings, or other incidental or consequential damages arising out of the use or inability to use MyWorld Atlas or any damage caused to You or Your property by utilising MyWorld Atlas and the liability of Wiley for any breach of any non-excluded condition or warranty shall be limited, at the option of Wiley, to the replacement of MyWorld Atlas, the supply of an equivalent product or service, or to the costs paid by You for MyWorld Atlas and its associated products.
3. The user generated comments and images available on MyWorld Atlas are not monitored, controlled or authorised by Wiley, and although Wiley will endeavour to ensure material is non-infringing and age appropriate, it accepts no liability or responsibility for the user generated content added to the MyWorld Atlas or any breach of this user agreement by third parties.
4. You warrant that You will not use MyWorld Atlas otherwise than in accordance with the terms of this Licence Agreement. If Wiley deems it necessary, Wiley may pursue injunctive relief to protect its copyright in MyWorld Atlas, as well as pursuing any other remedies available at law.
5. In regard to any material (including text, images or audio visual material) You contribute or upload to MyWorld Atlas: You represent and warrant that You have the right to enter into this agreement; can contribute, upload or communicate the material, can convey all rights for use within or associated with MyWorld Atlas to the Publisher; the material contains no libellous or unlawful material or instructions that may cause harm or injury; it does not infringe upon or violate any copyright, trademark, trade secret or other right or the privacy of others; and statements in the material asserted as fact are true. You will hold Wiley harmless against all liability, including expenses and reasonable legal fees, from any claim that if sustained would constitute a breach of the foregoing warranties. The provisions of this paragraph will survive termination of this Agreement.

9. Interpretation and Procedural

1. The headings in this Agreement shall not affect its interpretation and are for convenience only.
2. This Agreement embodies the entire understanding and agreement between the parties as to its subject matter of this Agreement.
3. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.  
4. If a dispute arises in relation to this Agreement, the parties shall use all reasonable endeavours to resolve it amicably and expeditiously.

10. Jurisdiction

This Agreement will be construed and interpreted according to the laws of the State of Queensland in Australia; any legal action will be instituted in a court of competent jurisdiction in Brisbane; and each party consents and submits to the personal jurisdiction of such court, waives any objection to venue of such court, and consents to service of process by registered or certified mail, return receipt requested, at such party's last known address.

11. Changes and Notification

These terms and conditions are subject to change from time to time at the sole discretion of Wiley. Wiley will display a notice of any such changes on your home page, and continued use of MyWorld Atlas will be deemed to be acceptance of any new terms and conditions.

You agree that Wiley may, from time to time, notify You regarding updates, additions or amendments to MyWorld Atlas and any associated services. Personal information received in relation to this Licence Agreement will be treated by Wiley in accordance with Wiley's privacy policy.

School Management Portal License Agreement

Access to the School Management Portal and Dashboard (“Portal”) is granted to approved staff users of the Jacplus products under the terms of the licence agreement granted to your school by John Wiley & Sons Australia, Ltd (“Wiley”).

In accessing this product you acknowledge that:

• You are an approved staff user of your school who has been granted with access;
• All information displayed and provided is treated by Wiley in accordance with Wiley’s Privacy Policy; and
• Wiley makes no representations or warranties, express or implied, in respect of the accuracy or otherwise of the information collected in the Portal, other than that Wiley will use commercially reasonable best efforts to provide continued access to the Portal and to ensure that information displayed relates the relevant school. Access to the Portal may be intermittently unavailable due to repair and maintenance, and other events out of Wiley's control.