Terms and Conditions
SciLeap Terms and Conditions
ABN: 39 701 990 232
“We”, “Us” “Our” means SciLeap ABN 39 701 990 232 and includes the people operating the service and working there.
“Intellectual Property” means all present and future intellectual property rights of any nature whatsoever conferred by statute, common law, equity, or otherwise including without limitation, copyright (including moral rights), logos, designs, colour schemes, patents, registered designs, trademarks, and trade secrets.
“Publisher” means individuals that make available their work for Buyers to download and purchase on SciLeap.net.
“Buyer” means individuals that download and purchase items from SciLeap.
“Users” means, collectively, Publishers and Buyers.
“Damages” means monetary and non-monetary damages including loss of opportunity, goodwill, customers, data, reputation and other such damages.
“Content” means the items that are made available by Publishers on SciLeap.
“SciLeap” means the services that are provided by SciLeap.
- Accounts and Information:
Your use of the service is at your sole risk. SciLeap is provided on an “as is” or “as available” basis and provided without any express or implied warranty as to the accuracy and quality of content. By accessing, using or browsing on this website, or by continuing to do so, you expressly agree that these Terms will apply whenever you access or use this website.
We may amend these Terms from time to time. We will post all updates to these Terms on this website. If a revision is material, we will provide 30 days' notice prior to any new terms taking effect. You will have the option to opt out of our services if you do not agree with these changes. Your use of this website after we make amendments to these Terms will oblige you to comply with these Terms as amended.
2.2 Use of Information and Security
By registering as a User of SciLeap, you represent and warrant that all information provided to us is accurate, complete and true at all times.
Failure to do so constitutes a breach of these Terms which may result in an immediate termination of the account with SciLeap.
Users are responsible for safeguarding their password for access to our services and for any activities or actions undertaken under your password, whether your password is with our service or a third-party service. Users agree that they are entirely responsible for all activities that occur on SciLeap under your User account details. Without limiting the following, Users acknowledge that they are fully responsible for all the activities of any individual who accesses SciLeap with their User details.
Users are encouraged to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account so that we can help to protect your details.
We reserve the right to terminate or suspend access to SciLeap immediately, without prior notice, for any reason whatsoever, including due to a breach of these Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
By signing and creating an account, users are warranting and representing that they are at least 18 years of age.
- Intellectual Property:
3.1 Responsibility for Content
A Publisher is solely responsible for the Content of, and any harm resulting form, any Content that they have posted, uploaded, linked or otherwise make available to the service, regardless of the form of that Content.
We do not assume any liability for any public display or misuse of the Publisher’s Content caused by Users.
3.2 Removal of Content
We do not pre-screen Content. We retain the right and sole discretion to refuse or remove any Content that violates any intellectual property rights or these Terms.
We reserve the right to remove Content for quality assurance purposes, where we deem the Content to infringe on third-party’s intellectual property rights, where there is evidence of unauthorized use of SciLeap, or if Content is misleading, incorrect, or offensive.
3.3 Ownership of Content
The Publisher retains ownership of the Content uploaded. When Content is posted the Publisher is agreeing that they are responsible for the Content and are warranting that they hold the relevant rights to publish the Content. When Content is posted the Publisher is also agreeing that they are in compliance with any third-party licenses relating to that Content.
3.4 License Grant to Us
By creating an account with SciLeap and publishing content on SciLeap, Publishers agree to grant to Us a perpetual, worldwide, royalty free license to commercialize, use, sub-license, transfer, copy, display, store, modify or distribute any Content or material which Publishers upload or post on SciLeap. This includes the right to store the Content on a database and create backups. As part of the service, this Content will be shared with other Users.
3.5 Moral Rights
The Publisher retains all moral rights to the Content that is uploaded, published, or submitted to any part of the service, including the rights of integrity and attribution. By submitting Content to SciLeap, the Publisher waives these rights and agrees not to assert them against us.
The Publisher grants us the rights to use Content without attribution and to make reasonable adaptations of Content as necessary to provide the SciLeap service to other Users.
All intellectual property in SciLeap, including copyright, any trademarks and any other intellectual property rights in or associated with SciLeap, but excluding any data or other information on SciLeap originating from third parties or Users, is owned or licensed by us.
Users must not do or allow any third party to do anything that may infringe, damage or endanger our intellectual property rights or the intellectual property rights of a third party.
- Rights associated with purchases:
When content is purchased, the Buyer acquires a license which gives them rights to use that item. A Buyer does not own the Content.
When a Buyer purchases an item from us they are granted a limited license to use the item.
The Buyer is not granted an ownership interest in the item.
Items may be offered for sale on SciLeap with different license terms and conditions. It is a User’s responsibility to consider any license terms on offer and select the most appropriate option for them.
We do not warrant or represent that a particular class of license will be suitable for a User’s intended use of an item.
A Buyer agrees and acknowledges the following:
- We will not reserve or cancel a purchase unless required to by law or as otherwise provided in these Terms;
- We, and the authors, do not guarantee that the particular item will continue to be available on SciLeap and we may remove an item at their discretion;
- Once an item has been purchased and downloaded, the Buyer only acquires a non-exclusive license to use the item under the terms set out in the license;
- The Publisher of the item is the owner of the item and all Intellectual Property rights are reserved by the Publisher;
- User’s details may be provided to the Publisher of the item in order to facilitate a transaction;
- We have the right to enforce the terms of the license that a Buyer has acquired from a Publisher against the Buyer.
4.2 User Obligations
You must not use SciLeap in any way which breaches Australian or international laws or regulations, nor use SciLeap to interfere with or disrupt the website or other users or services. Without limiting the provisions of this clause 4.2, you must not:
- 4.2.1 Use the website for any unlawful purpose
- 4.2.2 Sell or rent material from the website
- 4.2.3 Reproduce, duplicate, create derivative, copy or otherwise exploit material from SciLeap for any purpose without our consent.
- 4.2.4 Redistribute content from SciLeap onto other websites.
- 4.2.5 Infringe upon the rights of listed parties on the website.
- 4.2.6 Misrepresent or defame others.
- 4.2.7 Harass or impersonate SciLeap or other users of the website.
- 4.2.8 Attempt to do any of the above.
- Pricing, Costs and Taxes:
5.1 Fees and Taxes:
Prices and fees are inclusive of transactional taxes where relevant (like VAT and GST), except for the following (which will be added as part of the total price Buyers see before finalizing a purchase):
- European Union VAT (if applicable); and
- Any other transactional taxes We state on the site will be added.
5.2 Responsibility for Fees and Taxes
A User is responsible for paying all other fees and taxes associated with their use of SciLeap wherever levied. This includes currency conversion costs, transaction costs between different financial institutions, administrative costs charged by financial institutions and any other such costs.
This responsibility includes withholding tax if it applies, unless we already process that withholding tax.
5.3 Errors in Pricing
Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed, and a payment has been processed. Arrangements for payment to be credited or refunded will be promptly arranged and the Buyers must not use the item unless it is re-purchased at the correct price.
5.4 Information Collected to Assist with Fees and Pricing
We may ask you to geographical location information to determine your location, which may be used for tax purposes.
6.1 Grounds for a Refund Request
A refund or credit on a purchase is not granted unless required under Australian consumer law or other relevant consumer protection laws. If you would like to inquire about a refund, please visit our refund process document.
6.2 Assessment of a Refund Requests
We will assess refund requests on their merits, considering the digital nature of SciLeap items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund or credit in the following situations:
- The Buyer has changed their mind about an item;
- The Buyer has purchased an item by mistake;
- The Buyer does not have sufficient expertise to use the item;
- The Buyer has asked for goodwill; or
- The Buyer can no longer access the item because it has been removed.
6.3 Processing of a Requesting Refund
We will endeavor to refund the purchase amount within __ business days only after the request has been assessed and approved. The refund will be made through the same method and currency as the purchase
7.1 Submission of Disputes
If you believe that any Content or conduct infringes an intellectual property right or the terms and conditions of our website, please send us an email outlining your concern and details of the matter to admin@sciLeap.net or by completing our on-line General inquiry form at https://sciLeap.net/contact-us/.
We encourage Users to contact us directly to resolve any related issues as it is likely easier to solve.
7.2 Disputes with Payment Agents
7.2.1. Temporary Freezing of Account
If a user lodges a dispute with a payment agent of the Website relating to the payment of SciLeaps services, their account will be frozen until the dispute has resolved.
7.3 Notice of Dispute
After submission of a dispute by a User, we will communicate a notice to the other party in the dispute as soon as realistically possible. If the notice itself is disputed, we might request further information from the submitter about the dispute.
7.4 Liability for Removal of Content
Content will only be removed if we also believe it breaches intellectual property rights or our terms and conditions. We do not bear any Damages or losses that result from the removal of any Content from our website.
- Liability and Releases
8.1 Temporary Suspension of SciLeap
Whilst we will make all commercially reasonable efforts to post a warning on SciLeap, We may from time to time suspend any or all of the services provided on SciLeap or disconnect or deny access to SciLeap, without notice to Users during any technical failure, modification or maintenance affecting SciLeap, provided that ewe will use commercially reasonable endeavors to procure the resumption of SciLeap as soon as reasonably practicable.
8.2 Removal, Amending or Alteration of Material Due to Risk
Without notice to You, we may remove, amend or alter any material or data upon being made aware of any claim or allegation or risk of a claim or allegation that any such material or data is unlawful, defamatory, offensive or otherwise in breach of a third party’s rights.
8.3 Reduction in Performance
In instances of reduction in performance of SciLeap, we will use commercially reasonable endeavors to maintain the performance of SciLeap where this is within our direct control.
8.4 Operator Errors
We do not warrant that SciLeap will operate error-free or that SciLeap and its server are free from computer viruses or other harmful mechanisms.
8.5 Liability for Damages
To the maximum extent permitted by law, we will not be liable to Users in any way for any Damages (including indirect or consequential Damages), claims, actions or proceedings which Users may suffer or incur directly or indirectly as a result, of or in connection with SciLeap or Users use of it or any data on it.
8.6 Liability for Damage to Users’ Devices
We will not be responsible for any inability of any User’s device to access or use SciLeap, or for any loss or damage to User’s devices resulting from Users access or use, or attempted access or use, of SciLeap (including downloading any associated applications for SciLeap).
8.7 Our Liability
Our liability to Users in connection with SciLeap and these Terms, in contract, tort (including negligence) or otherwise, is limited as follows:
8.7.1 our liability to Users is limited to the total Buyer fees and author fees paid by you in the twelve months before liability accrued.
8.7.2 We exclude liability for any of these things incurred by Users:
- Loss of revenue
- Loss of profit
- Loss of goodwill
- Loss of customers
- Loss of capital
- Loss in connection with any other contract
- Loss of data
- Indirect, consequential or special loss
- Damage to reputation
- Damage or expense
8.8 Liability and Indemnity Between SciLeap and Buyers
The Users indemnify us against all expenses, or liability (both financial or legal) that is incurred by our dealing with a third party and any items you post.
8.9 Liability and indemnity between Publishers and Buyers
8.9.1 The liability of each Publisher to their Buyers for each item purchased is limited to the Publisher’s earnings from the payment for that item. This is except for liabilities that arise from misrepresentation about the item by the Publisher.
8.9.2 Publishers grant to each of their Buyers a limited indemnity on penalties, costs or Damages on the following terms:
- A claim is made by that the Buyer’s use of the item is in breach of intellectual property law; and
- The Buyer promptly notifies the Author of the claim and gives them the option to control the defense of the claim at the author’s cost.
8.10 Model and property releases
Items are available for commercial use unless stated otherwise by the Publisher. Buyers are responsible for researching the need for, obtaining and keeping a Model or Property release. You may find this information from the relevant authorities.
- Third Party Links
SciLeap may contain links to third-party websites or services that are not owned or controlled by Us. We assume no responsibility for the content, privacy policies, or practices of any third-party web sites or services. Therefore, we are not liable for any penalties, Damages or costs associated with such websites.
- Governing Law
These Terms are governed by and are to be interpreted pursuant to Western Australian law and Users of this website submit to the exclusive jurisdiction of Western Australian courts in respect of any disputes under or related to these Terms or a user’s access to or use of this website.