Ebook Reader End User License Agreement
Please read this mobile application End User License Agreement (“EULA”) carefully before downloading or using this mobile application (“Ebook Reader”), which allows You to access internet-delivered ebooks and services (collectively, “Services”) from Your mobile device. This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively “You” or “Your”) and eBooks.com Pty Limited (“eBooks.com”) (each separately a “Party” and collectively the “Parties”) as of the date you download or first use Ebook Reader. Your use of Ebook Reader is subject to this EULA and Your use of the Services will remain subject to eBooks.com’s Terms of Use and Licenses governing such use and are published on eBooks.com’s website and updated from time to time (the “Ts & Cs”). With respect to the use of Ebook Reader, and to the extent the Ts & Cs conflict with this EULA, the terms of this EULA will govern and control solely with respect to use of Ebook Reader.
1. License
eBooks.com grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use Ebook Reader for Your personal and internal business purposes strictly in accordance with this EULA and the Ts & Cs.
2. Your Account
Your use of Ebook Reader requires that You have an account with eBooks.com and agree to the terms of the Ts & Cs.
3. Changes to this EULA
eBooks.com reserves the right to modify this EULA at any time and for any reason. eBooks.com will post the most current version of this EULA at https://www.ebooks.com/en-au/information/terms/. If eBooks.com makes material changes to this EULA, You will receive notification via Ebook Reader. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at eBooks.com’s website even if these updated terms appear online at eBooks.com’s website before being posted on Ebook Reader. Your continued use of Ebook Reader after eBooks.com publishes notice of changes to this EULA indicates Your consent to the updated terms.
4. No Included Maintenance and Support
eBooks.com may deploy changes, updates, or enhancements to Ebook Reader at any time. eBooks.com may provide maintenance and support for Ebook Reader but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) nor Lenovo (for Lenovo devices) has an obligation to furnish any maintenance or support services in connection with Ebook Reader.
5. Acceptable Use
You agree that You will not use or encourage others to use Ebook Reader or the Services as accessed through Ebook Reader in a way that could harm or impair others’ use of Ebook Reader or the Services. Your use of the Services and Ebook Reader is governed by the Terms of Use and Licenses (a current version of which can be found at https://www.ebooks.com/en-au/information/terms/). You also agree not to violate the usage limits or controls set forth by: (a) the App Store Terms of Service, for iOS users accessing Ebook Reader on an Apple product, or (b) Google Play Terms of Service for Android users accessing Ebook Reader on an Android product.
6. Privacy
In order to operate and provide the Services and Ebook Reader, eBooks.com may collect certain information about You, including technical and telemetry data related to your use of Ebook Reader. We use third party service providers to help us collect and analyze this data, including Google Analytics. eBooks.com uses and protects that information in accordance with the eBooks.com Privacy Notice (a current version of which can be found at https://www.ebooks.com/en-au/information/privacy/).7. Consent to Electronic Communications and Solicitation
By downloading or using Ebook Reader, You authorize eBooks.com to send You (including via email and push notifications) information regarding the Services and Ebook Reader, such as: (a) notices about Your use of the Services and Ebook Reader, including notices of violations of use; (b) updates to the Services and Mobile App and new features or products; and (c) promotional information and materials regarding eBooks.com's products and services. You can review Your account notification settings and adjust Your messaging preferences, including opting-in to additional messages or unsubscribing from certain messaging through the “Push Notifications” section of Ebook Reader settings.
8. No Warranty
YOUR USE OF EBOOK READER IS AT YOUR SOLE RISK. EBOOK READER IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EBOOKS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Ebook Reader is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of Ebook Reader is solely Your responsibility and downloading Ebook Reader is done at Your own risk. eBooks.com does not represent or warrant that Ebook Reader and Your device are compatible or that Ebook Reader will work on Your device.
8.1 iOS Application
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE MOBILE APP, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
8.2 Android Application
GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.3 Lenovo Application
LENOVO EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (US$50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
10. Suspension and Termination of Ebook Reader
eBooks.com reserves the right to suspend or terminate Your access to Ebook Reader at any time based on the status of Your account under the Ts & Cs. You understand that if Your account is suspended or terminated, You may no longer have access to the content that is stored within the Services.
11. Intellectual Property Rights
In the event of a third-party claim that Ebook Reader, or Your possession and use of Ebook Reader, infringes third party’s intellectual property rights, eBooks.com will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
12. Legal Compliance
You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport Ebook Reader to or use Ebook Reader in any such country.
13. Governing Law
This EULA shall be governed by and construed in accordance with the laws of Western Australia. If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
14. Contact Information
If You have any questions regarding this EULA, please contact eBooks.com by email at [email protected], or by mail:
Legal, PO Box 3453, Nedlands, WA, Australia 6009.
15. Third Party Beneficiaries
This EULA is executed between You and eBooks.com and not between you and any other party, including Apple for iOS users, Google for Android users, and Lenovo for Lenovo device users. You agree that any claims brought by You arising out of this EULA or Your use of Ebook Reader will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, upon Your acceptance of this EULA, You allow Apple or Google, as applicable, to enforce this EULA against You as a third-party beneficiary thereof. eBooks.com is not responsible for any applicable third-party agreement between You and any third-party, including your internet service provider.
Last Updated: January 2023