Who Can Use The Sites and/or Service?
Age of Majority
The Site may be used only by persons who have reached the age of majority or legal age in their jurisdiction and who can form legally binding contracts under applicable law. The Site may not be used by persons in jurisdictions where access to or use of the Site or any part of the Site may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Site is lawful, and you must comply with all applicable laws.
Permitted Use of the Site
Linking and Framing the Site
Links to the Site without the express written permission of Nelson Education are strictly prohibited. To request permission to link to the Site, please contact Customer Service at 416-752-9448 or 1-800-268-2222. Nelson Education reserves the right to cancel and revoke any permission it may give to link to the Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Site or any of its content in any form and by any method is strictly prohibited.
Note to Children
Nelson Education encourages parents and teachers to spend time with children and to monitor their online activities. Please protect your child's privacy by instructing them to never provide Personal Information on the Site or through the Service.
Your Use of the Site and the Services and Providing Material to Nelson
You are solely responsible for providing, at your own expense, all equipment necessary to use the Site or the Service, including a computer, modem and your own internet access (including payment of Internet Service Provider fees associated with such access).
One of the purposes of this policy is to avoid potential misunderstandings or disputes, particularly around any ideas, videos, photos, comments, suggestions or other materials (collectively "Submissions") submitted to Nelson Education, relating to its products or services. With that in mind, if you do send Submissions to Nelson Education, you automatically grant (or warrant that the owner of the Submissions grants) to Nelson Education and its affiliates and each of their assigns, a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sublicensable, right and licence to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Nelson Education or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Nelson Education and its assigns.
No Advice or Solicitation
The content of the Site does not constitute advice or recommendations. You should seek third party professional advice and recommendations before acting or omitting to act based upon any information provided on or through the Site.
Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
Nelson Education strives to make your use of the Site and the Service a useful experience. Nevertheless, Nelson Education and its Affiliates do not accept any liability for your use of the Site or the Service. For that reason, the following provisions apply to your use of the Site and Service:
YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR USEFULNESS, ALL OF WHICH EACH OF NELSON EDUCATION AND ITS AFFILIATES HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.
THROUGH OR BECAUSE OF YOUR USE OF THE SITE OR THE SERVICE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMUNICATIONS AND TRANSACTIONS OF A COMMERCIAL OR PERSONAL NATURE WITH PERSONS OTHER THAN NELSON EDUCATION. ALL SUCH COMMUNICATIONS AND TRANSACTIONS ARE AT YOUR OWN RISK. NELSON EDUCATION IS NOT A PARTY TO ANY SUCH COMMUNICATIONS AND TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH COMMUNICATIONS AND TRANSACTIONS. TO THE EXTENT THAT YOU CHOOSE TO PARTAKE IN SUCH COMMUNICATIONS AND TRANSACTIONS, NELSON EDUCATION MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND RELATED THERETO, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR USEFULNESS, ALL OF WHICH EACH OF NELSON EDUCATION AND ITS AFFILIATES HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU (AND NOT NELSON EDUCATION OR ITS AFFILIATES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE SITE OR THE SERVICE.
THE OPERATION OF THE SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND NELSON EDUCATION'S CONTROL. THE OPERATION OF THE SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY AND CONFIDENTIALITY RISKS CANNOT BE ELIMINATED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NELSON EDUCATION AND ITS AFFILIATES MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
Anytime you upload to, or distribute or publish content through, the Site (including, without limitation, blog entries and commentaries), you grant us the royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to edit, use, reproduce, modify, adapt, translate, copy, remove, distribute, create derivative works from, publicly display and publish such content in any form and medium, whether electronically or in hard copy and whether alone or as part of a collective work. You shall retain, however, whatever other rights you have in pre-owned elements of such content. You acknowledge and agree that submissions are non-confidential.
Anytime you upload to, or distribute or publish original compositions and other original documents through, the Site, such as but not restricted to essays, homework, and similar documents, you are responsible for protecting your rights in such documents.
Cancellation or Termination
Rules of Conduct
You are responsible for all of your activity on the Site and in connection with the Service.
The Site may contain discussion forums, bulletin boards, surveys, polls, review services or other forums in which you or third parties may post content, messages, materials, or other items on the Site. By way of example, and not as a limitation, you shall not, and shall not permit any person on your behalf to, take any action or upload, download, post, submit or otherwise distribute or facilitate the distribution of any content, on or through the Site and/or Service that:
Parts of the Service may require you to register in order to take full advantage of the Service offerings. If you register for the Service, we will open up a registered user account on your behalf and you will be required to provide certain information and data ("Registration Data"), including billing information, as prompted by the applicable registration forms on the Site.
You shall not:
If you have registered for the Service, you will be required to choose a password for use with your username and account. You are solely responsible for maintaining the confidentiality of your password and account and for any and all charges incurred, statements made and acts or omissions that occur through the use of your password and account, including from the use of your account by others. Therefore, you must take steps to ensure that others do not gain access to your password and account. Also, passwords must be non-obvious, hard-to-guess, confidential and changed on regular basis, and you must log-out at the end of each session.
All login names and passwords remain the property of Nelson Education and may be cancelled or suspended at any time by Nelson Education without any notice or liability to you or any other person. Nelson Education is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must respond promptly to all email and other correspondence from Nelson Education, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Site.
The security and privacy provided by passwords is not complete, and can be circumvented. Your use of passwords is at your own risk. Our personnel will never ask you for your password except if our customer support requires your password in an effort to fix account problems.
Payment and Billing
You agree to pay applicable charges (including applicable taxes) for purchases that you make from us. We may limit the number of promotions for which you may be eligible in a given period. In addition, certain promotional offers and discounts may apply to first-time purchasers only. Once your order has been placed, except as provided by consumer protection laws in your jurisdiction, you may NOT cancel your order. We will disclose your payment terms at the time you make purchases from the Site.
You must select a payment method to pay us for any purchases you make from us. Every time you use the Service, you reaffirm that (i) we or our authorized billing agent is authorized to charge your designated payment method; (ii) we may submit for payment charges incurred under your account; and (iii) you will be responsible for such charges, even if your account is cancelled or terminated. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card or other payment method information, your name, address and telephone number, and to provide us with any changes in such information promptly after the change. You acknowledge that the agreement between you and your credit card issuer or financial institution governs your use of your credit card for payment of amounts owed to us, and that you must refer to such agreement to determine your rights and obligations as a holder of such card.
YOU AGREE THAT WE (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY BILLING AGENT WE USE) MAY CHARGE YOUR PAYMENT METHOD FOR ALL AMOUNTS DUE TO US WITHOUT ADDITIONAL NOTICE OR CONSENT UNLESS REQUIRED OTHERWISE BY LAW. You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family or friends). We may, in our discretion, post charges to your payment method individually or may aggregate your charges with other purchases you make on the Site and apply those charges to your next billing cycle.
If, for any reason, we do not receive payment from your credit card or other payment method issuer, upon demand you agree to pay the overdue amount by other means acceptable to us. We reserve the right to accept other forms of payment, and if we elect to invoice you for services, you agree to pay to us the amount indicated in each invoice by the due date reflected on the invoice.
If you believe that a billing discrepancy has occurred, you must notify us within 60 days after the date on which such discrepancy first appeared on your credit card or other payment method account statement or invoice, as the case may be, or such amounts will be deemed to have been accepted by you. You agree to release us from any liability for any error or discrepancy that is reported to us after such period.
Over the course of your use of the Service or Site, you may be asked or required to install a computer program on your computer system or on another person's computer system. You agree to not install or cause to be installed a computer program on your computer system or on a third party's computer system without understanding, and ensuring that such third party understands, as applicable, the function and purpose of the computer program. By installing or causing to be installed any such computer program, you represent to Nelson Education that you, or such third party, as applicable, consent to such installation.
Any installed computer program will be subject to the terms of the licence agreement that accompanies such computer program or is included in the installation sequence.
Making an Order with Nelson Education
In some circumstances, you may have the option to make a purchase order (an "Order") from Nelson Education or related parties for a licence to various content ("Licensed Content") or for one or more books and/or supplemental materials (collectively, "Materials").
Licensed Content and Digital Rights Management
The licence and access to Licensed Content purchased by you is limited in duration to the Licence Term. Licensed Content is accessible online for the period set forth in the ordering document that you will see at the time of ordering the product or Service in question, but your use must be re-authenticated (by entering in your account credentials) on a regular basis in order to access such Licensed Content locally/offline. The Licensed Content may contain embedded time clocks or similar security devices that disable your ability to access and use the Licensed Content after the expiration of the Licence Term, even if the Licensed Content is stored locally/offline.
Licensed Content purchased through the Service may be accessed by you from as many as two computers at any time. If you try to access any Licensed Content from a third computer, you will be denied access unless you "de-authorize" one of your two previously authorized computers.
The Licensed Content cannot be forwarded to and/or shared with others.
Standard "right-click" mouse functions may be disabled, so that the Licensed Content you are viewing online cannot be copied, pasted or saved as another file.
If the Licensed Content has a corresponding print version, such Licensed Content is functionally equivalent to its corresponding print version. However, in some cases, individual items have been removed for ease of internet delivery.
You must not circumvent, reverse-engineer, decompile, disassemble or otherwise tamper with any of the security technology contained in or accompanying the Licensed Content. Such security technology is provided in part by our suppliers and vendors. From time to time, the software you use to download Licensed Content may directly connect to an internet site operated by us or one of our suppliers in order to upgrade the security technology contained in or accompanying the Licensed Content. By registering for, using, and/or downloading Licensed Content from the Site, you acknowledge and consent to the use of such security technology and the automatic upgrading of such security technology.
Purchase of Materials
Nelson Education guarantees that books you purchase from the Site will be in an acceptable condition when delivered to you. Supplemental materials, such as student access codes, CD ROMs, or supplemental workbooks will be included with your book only if your Order specifically includes such supplemental materials.
Our shipping terms of service are set forth in the "Shipping Details" section of the Site, and all shipping charges will be clearly displayed during the Order checkout process.
Misprints and Errors, Prices and Purchases
Nelson Education endeavours to provide current and accurate information on the Site and/or through the Service. Nevertheless, misprints or other errors may occur. Accordingly, Nelson Education reserves the right to change the prices, fees and charges regarding the Service and/or products available through the Site at any time and from time to time without any notice or liability to you or any other person. Also, Nelson Education cannot guarantee that the Service or products advertised on the Site will be available when purchased or at any relevant time. Accordingly, Nelson Education reserves the right at any time to reject, correct, cancel or terminate any order or shipping request. If you order services or products for which the fee was incorrectly displayed, Nelson Education will provide you with an opportunity to cancel your request for Services. If you order services or products that are not available, Nelson Education will notify you by email and the purchase price you actually paid will be refunded to you. Nelson Education reserves the right to refuse to accept any request for services or products, notwithstanding any course of dealing between Nelson Education and you in the past.
Your online request for services or products delivered over the Site constitutes your request to engage Nelson Education to supply those services or products. Your request for services shall be deemed to be accepted only if and when Nelson Education actually carries out your instructions. If you wish to cancel a request for services or products, you may request a cancellation by sending an email to firstname.lastname@example.org or by calling Nelson Customer Service at 1-800-268-2222. However, Nelson Education may not receive and process your cancellation request before it accepts and processes your request for services, in which case your cancellation request may not be effective.
Assignment and Severability
Waiver of Rights
Disclaimer of UN Committee
We expressly exclude the UN Convention on Contracts for the International Sale of Goods as amended, replaced or re-enacted from time to time, as well as any provincial legislation in Canada enacting such convention.
Please be advised that the revised Terms/Policy go into effect January 1, 2014
Last updated November 2013