Claim includes any claim, action, proceeding, loss (including consequential loss), damages, costs, expenses, requisition, objection, alleged right of indemnity incurred or suffered by, or brought or made or recovered against a person, no matter how arising (whether or not presently ascertained) in the immediate future or contingent.

Commencement Date means the date the User pays the Subscription Fee.

Content means all textual, visual, aural or other sensory content including text, images, sounds, videos, animations, graphics, data, products, materials, services, links, technology, code, language, functions, software and applications or any other content made available on the website.

Initial Period means the one (1) year period commencing on the date the User pays the Subscription Fee.

Intellectual Property means all industrial and intellectual property rights including, without limitation, patents, copyrights, right to extract information from databases, design rights, trade secrets, rights of confidence, and all forms of protection of a similar nature or having similar effect to any of them which may subsist anywhere in the world (whether or not any of them are registered and including applications and the right to make applications for registration of any of them).

Individual is in relation to a school, educational institution or organisation, includes all full time, part time and casual employees, contractors, officers and members of any controlling body (for instance, a School Council or a Board of Trustees), agents or other persons with apparent or ostensible authority to act on behalf of the school.

Paid Subscription means all of the rights (including a licence) granted to Users to have access to and use the Resources in accordance with these Terms of Use.

Resources means the Content that the User is granted access to pursuant to their Paid Subscription.

Organisation means any school, educational institution or organisation, including, but not limited to, primary and secondary schools, universities, TAFEs, libraries, community houses and education bodies such as Independent Schools.

Plan means a Subscription package by which Users agree to pay to ESL Reads a Subscription Fee for the Resources available under a chosen plan including all of the terms, conditions, rights and obligations attaching to that Plan.

Renewal Period means the one (1) year term commencing on the expiration of the Initial Period and any subsequent renewal period.

Subscription means a commercial arrangement between a User and ESL Reads involving the supply of Resources under licence.

Subscription Fee means the yearly fee payable by the User in accordance with the ESL Reads Individual or Organisation Plan the User has chosen.

Terms of Use includes terms or conditions which relate to a relevant Resource and which may appear on the website.

Term means 12 months since the Commencement Date.

ESL Reads is pleased to offer access to a free blog, as well as a Paid Subscription service (“Services”) plan. Detailed descriptions of the Paid Subscription plans, including pricing, duration, and features, are available at eslreads.com/pricing/.

ESL Reads offers two types of Paid Subscriptions: an Individual Subscription for 1 Individual and an Organisation Subscription for Organisations.

1. The Paid Subscription commences on the Commencement Date and will continue for 12 months. It can be extended when it is renewed and the Subscription Fee is paid for another Term.
2. ESL Reads grants Users a non-exclusive, non-transferable, limited licence through a password protected acciybt to use the Resources for the Term in exchange for the Subscription Fee.
3. Users agree to use and access the Resources on the terms of the Paid Subscription and for the purpose for which the Resources are provided.
4. The Paid Subscription will automatically renew for the Renewal Period, unless the User terminates the Paid Subscription by cancelling their recurring subscription in accordance with the cancellation procedures in this document.
5. A renewal reminder will be sent one month prior to the end of the Term.
6. If ESL Reads increases the Subscription Fee during the Term paid for, Users agree to pay the increased Subscription Fee, when the Paid Subscription renews for the Renewal Period.
7. Users agree to pay the Subscription Fee in the manner stipulated by ESL Reads.

• You are required to purchase or pay a Subscription Fee to access our Resources. You agree to provide current, complete, and accurate purchase and account information for all purchases made in person or via our website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via the website. Goods and Services, or Sales Tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in Australian dollars unless discussed with Us in advance.
• You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation or you cancel it through your account. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the website.
• The pricing of our various Paid Subscription options is available at eslreads.com/pricing. Payment is due at the beginning of each subscription period, payable securely via PayPal or with a Credit Card via Stripe. ESL Reads will email payment invoices to Users upon request. In the event of a pricing change to your Paid Subscription plan, we will inform you within 2 (two) months before the new prices take effect. If you do not wish to continue your current Paid Subscription plan with the new prices, you may cancel your Paid Subscription plan and will be re-imbursed for any time that your Term has not completed.

By using the Paid Subscription Service, you represent and warrant that: 

1. all registration information you submit will be true, accurate, current, and complete; 
2. you will maintain the accuracy of such information and promptly update such registration information as necessary;
3. you have the legal capacity and you agree to comply with these Terms of Use;
4. you will not access the Resources through automated or non-human means, whether through a bot, script or otherwise; (5) you will not use the Resources for any illegal or unauthorized purpose; and
5. your use of the Resources will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Resources.

Due to the digital nature of the Resources accessed through the Paid Subscription, there is no refund for the Paid Subscription service. ESL Reads ensures adequate access to Resource previews and free online demonstrations to assist the Individuals and Organisations with their decision making on a Paid Subscription. If there is a problem with the Resources or Paid Subscription, please contact us immediately and we will do all we can to support you and resolve it. Please see our Refunds and Returns Policy for more information.

You are required to register with ESL Reads to make use of the Resources. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

If the User is a school or teacher:

1. they are responsible for ensuring that their Individuals or students access the Resources in accordance with these Terms of Use and their relevant Subscription; and
2. their Subscription may be terminated if:
   1. any of their Individuals or students breach the terms and conditions of these Terms of Use or their relevant Subscription; or
   2. the number of Individuals or students accessing the Resources exceeds the limit contained in their relevant Subscription.

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account or contacting us using the contact information provided below. Your cancellation will take effect at the end of the current paid term.

For Organisations, one month’s notice will be required for cancellation of your Paid Subscription. Organisations can contact ESL Reads via admin@eslreads.com or eslreads.com/contact

You agree that you bear all risks associated with your Resources. You are solely responsible for safeguarding your Resources, and ESL Reads has no duty to store copies of Resources for future availability to you or any user except as otherwise provided under this Agreement. ESL Reads does not permit the infringement of intellectual property rights on the Resources, and will remove Resources from the Paid Subscriptions if properly notified that such Resource infringes on another’s intellectual property rights. We reserve the right to remove Resources from the Paid Subscriptions, in whole or in part, without prior notice.

ESL Reads reserves the right to limit, cancel, suspend or terminate a Paid Subscription without notice in its absolute discretion if:

1. 1. it no longer has the right to provide relevant Resources to the User for any reason whatsoever;
   2. the User commits a breach of these Terms of Use or the Subscription, including but not limited to providing the Resources to unauthorised users;
   3. use of the Resources may breach of Intellectual Property rights;
   4. activities being conducted by the User contravene any applicable law or regulation;
   5. the User does not pay the Subscription Fee for the Renewal Period prior to the Renewal Period commencing;
   6. the User becomes bankrupt or payment is declined.
   7. the User breaches any of the representations set above or it learns that any such representations may be untrue in whole or in part.

If ESL Reads terminates the Subscription:

1. the User will cease to have access to the Resources and their Account;
2. the User will not be entitled to a refund of any Subscription Fees paid for the Subscription; and
3. ESL Reads is not liable for Claim of any kind for terminating the User’s access to the Resources.

By using the Resources, you will encounter “ESL Reads Content,” which includes all of the images, text, information, data, audio, video, graphics and other material included on or otherwise made available through the Paid Subscription

All ESL Reads Content is owned by Us and is subject to Australian and international copyright laws, trademark laws and/or other proprietary rights and laws. As between you and ESL Reads, We own and retain, solely and exclusively, all rights, title and interest in and to the Content and Resources including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights and other intellectual property and proprietary rights therein.
In summary:

1. a. ESL Reads owns all Intellectual Property in the Content and Website.
2. b. Users acknowledge that they do not acquire any Intellectual Property, either express or implied, in the Content and Website other than a Subscription licence under these Terms of Use.

Users may:

1. Download, print and display on a screen Content for their own and their students use, pursuant to their Subscription.
2. Organisations that purchase a Paid Subscription for multiple or all Individuals in their institution may send content via email and upload the Resources to a password protected Learning Management System or Content Management System for use by only those Individuals and their students which are covered under the Paid Subscriptions purchased. No part of the Resources can be uploaded to a publicly accessible web page.
3. Other than for the purposes of and subject to the conditions prescribed in the Subscription and these Terms of Use, no part of the Content may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without prior written permission.

Users must not under any circumstances:

1. provide Resources to any teachers, parents, or other unauthorised users without a Paid Subscription;
2. allow any other Organisations or Individuals to use their Subscription.
3. transfer, sublicense, rent, lease or lend the Resources to any other Organisations or Individuals or use the Resources outside of the classroom or for commercial sharing.
4. transfer, sublicense, rent, lease or lend the Materials to a third party or use the Materials outside of the classroom or for commercial sharing.
5. Upload the Resources to a publicly accessible website.
6. resell any Resources or edit and resell any Content or Resources;
7. sell, lease or deal the Content and other Resources or permit or cause others to do so other than in accordance with the terms of their Subscription.
8. Users must not use, reproduce, communicate, publish, distribute or otherwise deal with any of the Content on the Website, unless authorised under their Subscription. In particular, Users must not reproduce or use any of the Content for commercial benefit.
9. modify or delete any author attributions, legal notices or proprietary designations or labels associated with the Content;
10. data mine or conduct automated searches on the Site or the Contents whether through the use of additional software or otherwise;

Unless otherwise indicated, the Resources are our proprietary property and all databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Australia, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Resources “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Resources and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

ESL Reads respects the intellectual property rights of others, and complies with the provisions of the Copyright Regulations Act of Australia 1969. We respond to clear notices of alleged copyright infringement, and infringing materials posted by Users can be identified and removed pursuant to this complaint procedure. In the event you believe that any User Content on the Website/Paid Subscription infringes your copyright, please contact us at admin@eslreads.com
To be effective, any notice submitted must include substantially the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ESL Reads will, upon receiving your compliant notice of copyright infringement, contact the User who posted the allegedly infringing User Content concerning the notice of infringement, and expeditiously remove the allegedly infringing User Content. It is our policy to document all notifications of alleged infringement on which we act.

We care about data privacy and security. Please review our Privacy Policy posted on the website. By using the Resources, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the website and the Resources may be used in multiple countries around the world. As an Australian based company we shall be governed by Australian laws concerning privacy.

 
Account & Password
a. Users must create a Paid Subscription account to access the Resources.
b. Users must keep all usernames and passwords to their account strictly confidential.
c. Users are expressly prohibited from sharing their account details with any other Individuals or Organisations, however they may access the Website from any location.

ESL Reads reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you for any modification, price change, suspension, or discontinuance of the Resources or Paid Subscriptions.
ESL Reads cannot guarantee the Resources will be available at all times.

• We may without notice suspend access to the Website or disconnect or deny Users access to any part of the Website during any technical failure or maintenance period.

These Terms of Use and your use of the Resources are governed by and construed in accordance with the laws of Australia, specifically the state of Queensland, without regard to its conflict of law principles.  

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Queensland, Australia, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Resources commenced more than 2 years after the cause of action arose.

You may not access or use the Resources for any purpose other than that for which we make the Resources available. The Resources may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Resources, you agree not to:
1. make any unauthorized use of the Resources, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
2. use a buying agent or purchasing agent to make purchases on the Resources.
3. use the Resources to advertise or offer to sell goods and services.
4. circumvent, disable, or otherwise interfere with security-related features of the Resources, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Resources and/or the Content contained therein.
5. engage in unauthorized framing of or linking to the Resources.
6. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
7. make improper use of our support services or submit false reports of abuse or misconduct.
8. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
9. interfere with, disrupt, or create an undue burden on the Subscriptions or the networks or services connected to the Subscriptions.
10. attempt to impersonate another user or person or use the username of another user.
11. sell or otherwise transfer your profile.
12. use any information obtained from the Resources in order to harass, abuse, or harm another person.
13. use the Resources as part of any effort to compete with us or otherwise use the Resources and/or the Content for any revenue-generating endeavour or commercial enterprise.
14. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Resources.
15. attempt to bypass any measures of the Subscriptions designed to prevent or restrict access to the Resources, or any portion of the Resources.
16. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Resources to you.
17. delete the copyright or other proprietary rights notice from any Content.
18. copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
19. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Resources or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Resources.
20. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
21. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
22. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
23. use the Resources in a manner inconsistent with any applicable laws or regulations.

THE SERVICES IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,

1. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
2. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
3. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
4. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR
5. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

ESL Reads does not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to the Content or Site.

As pertaining with consumer protection laws, ESL Reads is not liable for any loss or damage, including, but not limited to, direct or indirect losses however suffered or sustained in connection with:

1. 1. any inaccurate or incorrect information in the Content;
   2. Users’ use of the Content;
   3. any failure or delay including, but not limited to, the use or inability to use any of the Content or Site;
   4. any interference with or damage to Users’ computer systems which occurs in connection with use of the Content or Site;
   5. the cost of procurements of substitute goods and services resulting from any Content, goods or services purchased or obtained through the Website;
   6. any unauthorised access to or alteration of a User’s account information;
   7. for anything a User does to a third party as a result of using the Content or Site;
   8. for any inability to use any third party equipment or access to data;
   9. for loss or corruption of data, loss of business, loss of profits, loss of revenue and anticipated savings, business interruption of the like regardless of whether the loss is direct or indirectly caused by use of the Content or Website;
   10. for any indirect, incidental, punitive or special loss or damage whatsoever, in each case, arising out of the use or inability to use the Content or Site,
   11. for any loss or damage to a User’s computer, technology, data or other material caused by a distributed denial of service or similar attack, any virus, trojan, worm, disabling feature, malware or other material which is malicious or technologically harmful due to the use of the Site or the Contents.

For claims that cannot be excluded or restricted under consumer protection laws, the liability of ESL Reads for such a claim will be limited to:

• in the case of goods: repairing or replacing those goods or paying the cost of having those goods repaired or replaced; and
• if the breach relates to Content or Paid Subscription services: resupplying that or equivalent Content or Paid Subscription Services, or paying the cost of having the Content or Paid Subscription Services resupplied. 

Users expressly acknowledge and agree that, to the maximum extent permitted by law:

1. their use of the Website and Content is at their sole risk.
2. The Website and Content are provided on an “as is” and “as available” basis.
3. ESL Reads makes no warranty that:
   1. the Content and Site will meet Users’ requirements;
   2.  the Content and the Site will be uninterrupted, timely, secure or error-free; and
   3. the quality of the Content, or other resources obtained by Users through the Site will meet Users’ expectations; and
4. any Content downloaded or otherwise obtained through the Website is accessed at Users’ own discretion and risk, and Users are solely responsible for any damage to their computer or loss of data that results from downloading Content.

If you have any concerns about your Paid Subscription, the Website or our Resources please contact us via admin@eslreads.com or through our contact form.  We will endeavour to respond to all concerns within 1-2 business days and will do all we can to support you and resolve your issue.