Universal Terms of Service and End User License Agreement
By clicking "I accept" or "I agree" or using the Services, you are entering into this Universal Terms of Service and End User License Agreement (“UTOS”), which is a binding contract with Pearson Australia Group Pty Ltd for the benefit of itself and its affiliates (collectively, “we,” “us,” or "Pearson").
These UTOS set forth the general terms and conditions of your use of this website and all related Services. By accessing or using the Services you agree to the terms of the UTOS, and represent that you: (1) have read and understood the terms; (2) agree to use the Services in compliance with the UTOS, all applicable local, state, national, and international laws and regulations, and the academic rules or policies of your Institution; and (3) are an Authorised User. You may not use the Services if you do not agree with the UTOS or if you are not an Authorised User. If you have any questions about these UTOS, please contact us at Pearson Support.
The section headings and italicised summaries contained below are for your convenience only, and do not have any legal meaning or effect.
1. Data privacy, collection, & use
Please review our Privacy Policy to understand our data collection and use practices. We will collect, process, and use your personal information in accordance with our Privacy Policy. The use of other sites and services may be subject to different terms and privacy notices.
2. We may occasionally need to change the terms of these UTOS.
We may occasionally need to update the rules in these UTOS. But if we make meaningful changes, we’ll let you know. By continuing to use the Services, you agree to follow the updated rules.
Pearson may make changes to these UTOS from time to time for any reason. Typically, these changes are made to conform to current practices, to comply with changing regulatory requirements, or for other similar purposes. If Pearson modifies these UTOS in a manner that materially changes the terms or scope of the Services made available to you (“Service Change”), we will make reasonable efforts to notify you by either contacting you via email or posting reasonable notice in connection with the Services to alert you to such changes. Your continued use of the Services after reasonable notice of such changes to the UTOS has been provided will constitute your consent to the revised UTOS terms, which shall apply to any use of the Services following reasonable notice. If you deem any Service Change to have a material impact on you, you: (1) must so notify Pearson at Pearson Support within thirty days after receiving notice of such change; and (2) may terminate your Subscription and your use of the Services. If you have any questions about these UTOS, please contact us at Pearson Support.
3. Your license to use the Services
Please enjoy using the features and functionality of the Services for your own personal educational purposes (as permitted by these UTOS) until your Subscription ends.
Pearson grants to you a limited, non-transferable, non-exclusive, non-sublicensable license to use the Services for their intended purpose and subject to the terms and restrictions set forth in these UTOS, the AUP, the Privacy Policy, and any additional terms that may be established by your Institution or Third-Party Service.
You may use, display, and, when such functions are available on the Services, reformat, download, and print, Materials obtained through the Services solely for your own personal and non-commercial educational purposes.
You are responsible for meeting the then-current hardware, operating system, Internet browser, and other technical requirements necessary to properly use and access the Services. All rights not specifically granted herein are reserved by Pearson. You acknowledge that the license granted under these UTOS does not provide you with title to or ownership of the Services, or the Materials contained therein, but only a right of limited use subject to the terms and conditions of these UTOS.
4. What we mean by the “Services”
By “Services,” we mean Pearson’s websites, digital products, and everything that powers them. While Pearson or its licensors own them, we want you to use and enjoy the Services according to these rules.
This website and its related applications, products, services, technology, content, and other intellectual property (collectively the "Services") are owned or licensed by Pearson or its licensors. All websites, course materials, and other content provided through the Services (collectively, "Materials"), and any supporting software, applications, and systems (collectively "Applications") are the exclusive property of Pearson and/or its licensors. The Services may be delivered to you through the Internet via your browser or app (mobile or otherwise) and may include enrollment ("Enrollment") in one or more online courses ("Course(s)") provided through the Services for use in connection with classes and programs offered by your school, employer, university, or other educational institution ("Institution"). While your User Account may continue for an indefinite period of time during which you may enroll in other Courses, your access to those specific Courses provided through the Services is provided on a subscription basis for a limited period of time (each a "Subscription"). The Services may be provided directly by Pearson or accessed through a third-party integration with accounts managed by your Institution or an integrated third-party service provider ("Third-Party Service"). The Services may link to or provide options to access third-party websites or applications.
5. Who is authorised to use the Services?
To use certain Services, you’ll need to create a Pearson account. But don’t create an account or self-register for the Services if you are a minor, UNLESS you’re enrolled in a University.
The Services are available only to individuals, including but not limited to administrators or other representatives of Institutions, and students, who have gained lawful access to the Services directly from Pearson or its Third-Party Service provider or through the Institution with which such individual is affiliated ("Authorised User"). In order to access certain Services, you may be required to register for a user account ("User Account") by providing your first name, last name, valid email address (and in the case of Enrollments, your Institution and Course name or code), and designating a secret and unique username and password ("Account Credentials"), as well as any additional information that may be required by your Institution. In some cases, your User Account may already be established for you by your Institution, or by way of direct access from an integrated Third-Party Service, such as a learning management system, each of which may have additional terms of use or requirements for account access. Pearson may use your Account Credentials to validate your account prior to providing access to the Services each time you access the Services.
You may have only one active User Account at any given time. You agree to provide accurate and truthful information when creating a User Account and to promptly update such information should it change.
You may not self-register for or otherwise access the Services if you are under the age of 13 unless your parent or legal guardian has established an account or registered on your behalf. If you are under the age of majority pursuant to the laws in your jurisdiction (typically under the age of 18), you may not register or use the Services without first obtaining permission from your parent or guardian. Where a parent or legal guardian registers or establishes a User Account on your behalf as a minor they will be contracting with Pearson on your behalf until you reach the applicable age of majority in your jurisdiction, at which point the contract will transfer to you. However, if you are under the applicable age of majority and enrolled at an institution of higher education, you may self-register for the Services.
Pearson reserves the right, in its sole and absolute discretion, to suspend or terminate your User Account, and your right to use or otherwise access any Service is automatically terminated, if you violate these UTOS or the AUP.
6. Acceptable use of the Services
Use of the Services is subject to Pearson’s Acceptable Use Policy (“AUP”). By accessing or using the Services you agree to comply with the terms of the AUP. Pearson reserves the right, at its sole discretion, to suspend or terminate access to and use of the Services with respect to any user that Pearson reasonably believes has undertaken, or participated in, any activities that violate the terms of AUP, or whose actions have, or are likely to, otherwise cause harm to Pearson, the Services, the Service Network (as defined in the AUP), or other users, at the sole and absolute discretion of Pearson. Additionally, Pearson may suspend or terminate your access at any time at the request of your Institution.
7. Please keep your account credentials secret & safe
You agree to: (1) keep your Account Credentials secret; (2) not let others log into your User Account; and (3) let us know if someone else gets hold of your Account Credentials.
Your User Account is for your personal use only. Unless we provide an approved mechanism for such use, allowing others to access or use the Services through your User Account is strictly prohibited and you are responsible for all uses of the Services associated with your User Account, whether the use is made by you personally or by a third party.
In order to protect the security of your Account Credentials and the Services, it is important that you maintain the confidentiality of your Account Credentials. You agree not to: (1) use Account Credentials other than your own; or (2) to disclose your Account Credentials to any third party or service, other than an authorised Third-Party Service. You agree to take reasonable steps to protect the secrecy of your Account Credentials and immediately notify Pearson at Pearson Support of any known or suspected loss, disclosure, or theft of your Account Credentials and/or access codes you obtain in connection with the Services.
8. Pearson or its licensors own the Services
While we or our licensors own the Services and all related intellectual property, we want you to use and enjoy them as explained in these UTOS.
All websites, course materials, and other content provided through the Services (collectively, "Materials"), and any supporting software, applications, and systems (collectively "Applications") are the exclusive property of Pearson and/or its licensors, and are protected by copyright and other intellectual property laws. All rights not expressly granted herein are reserved. Except as may be set forth in these UTOS or the AUP, the reproduction, redistribution, modification, publication, or adaptation of Materials or Applications, in whole or in part, without the express written consent of Pearson and/or its licensors is strictly prohibited. The Services may allow you to copy or download certain Materials, but please remember that the availability of this functionality does not mean that the above restrictions do not apply.
Unless otherwise indicated, trademarks, service marks, and trade names (collectively "Marks") that appear on the Services are the property of Pearson or its licensors. Any trademarks not owned by Pearson that appear in the Services are the property of their respective owners. You agree not to misuse or disparage any Marks associated with the Services or use the Marks (or any confusingly similar marks) in such a way that would misrepresent the ownership of the Marks or otherwise confuse the public as to the source or origin of any products or services. You should not use any Mark without obtaining the written consent of the Mark owner, using appropriate notice and attribution of the owner's trademark rights, and using the Marks in accordance with applicable usage guidelines as provided by a Mark’s respective owner. Any such permitted use of the Marks by you shall be to the benefit of the respective Mark owner.
9. User suggestions will be owned by Pearson
If you suggest ways we can improve the Services, Pearson will own all intellectual property rights in your submissions, and may use your ideas without compensation.
Pearson always welcomes suggestions and comments regarding the Services. Suggested improvements, additions, or other comments may be submitted by you to Pearson, whether through the Services, online, offline, verbally, or in writing ("User Suggestions"). Regardless of the manner of submission, you hereby acknowledge that all right, title, and interest and any other intellectual property rights in the User Suggestions shall become the exclusive property of Pearson and may be used for its business purposes at Pearson’s sole and absolute discretion without any payment or accounting to you. This policy is intended to avoid the possibility of future misunderstandings when products and services developed by Pearson might seem to others to be similar to their own User Suggestions.
10. How we’ll use any content you upload
You agree that we may use any content you upload to the Services (in accordance with our Privacy Policy, of course), and that you have authority to grant us that right.
The Services may provide functionalities for Authorised Users to create, upload, or post questions, responses, comments, ideas, articles, information, data, text, multimedia content, chat conversations or logs, messages, and other materials or submissions ("User Content"). By creating, posting, uploading, or linking to User Content, you grant to Pearson a perpetual, royalty-free, worldwide right and license to use, host, license, store, reproduce, display, transmit, adapt, and distribute such User Content and any derivative works created from such User Content (such as those resulting from changes we make so that your User Content works better with the Services) in connection with the Services. Further, you acknowledge and agree that your User Content shall be available to other users on the same terms as granted by you to Pearson under these UTOS and specifically this Section 10. Pearson shall not be responsible or liable for the deletion, destruction, damage, loss, or failure to store any User Content. By posting User Content that is owned by third parties, you represent that you have been granted the right to grant to Pearson the right to make such User Content available to users to the same extent as the Materials provided with the Services. You agree to provide proper copyright notices in connection with any User Content in which you or a third party assert a right of copyright. Additional terms and options may be presented through the user interface available on the Services for posting or uploading User Content, which shall supplement and have the same force and effect as the terms of these UTOS.
11. Access to third-party websites & content is at your own risk
If the Services link or redirect you to non-Pearson websites or services, you agree to use them at your own risk.
You may have linked to the Services from a third-party website and/or the Services may provide links to other third-party websites or resources that are outside of Pearson’s control (collectively, "Third-Party Sites"). Pearson assumes no responsibility for third-party content ("Third-Party Content"), services, or applications that may be accessed by way of links on the Services to Third-Party Sites. Pearson does not endorse or guarantee the accuracy, integrity, or quality of Third-Party Sites or Third-Party Content and disclaims all liability for any errors, omissions, violation of third-party rights, or illegal conduct arising from such content or sites. The inclusion of a link to any Third-Party Site in the Services does not imply that the owners of such Third-Party Sites have sponsored or endorsed the Services. Pearson is not responsible for the availability of Third-Party Sites accessed through links from the Services, and any such Third-Party Sites are not covered by these UTOS or any other Pearson terms of policies. Should you discover that a link to a Third-Party Site is no longer functional please contact us at Pearson Support.
12. How to report other prohibited content
Please notify us of any content you find in the Services that is infringing, offensive, or is otherwise prohibited under these UTOS or the AUP. We don’t want it here either.
Pearson also encourages you to report to Pearson Support any prohibited User Content. To ensure Pearson can quickly respond to the issue, your email should include: the originating Pearson page URL; the linked page URL; a description of the content in question and the basis upon which you believe the content is prohibited or otherwise inappropriate; and the contact information through which Pearson may best reach you if you are willing to further assist Pearson in its investigation.
13. Availability of the Services
You understand that the Services: (1) need Internet access to work; (2) may occasionally be offline for maintenance or emergencies; and (3) have features and functionality that may change over time.
The scope and availability of the Services may vary according to: (1) additional terms presented at the time of purchase or registration; (2) the specific Course or Service for which you’ve enrolled or registered; and/or (3) any licensing terms between Pearson and your Institution. Pearson is not responsible for limitations of access resulting from any Third-Party Service or as the result of certain account settings established by your Institution.
You are responsible for obtaining Internet access in order to use the Services. You may access a Course available through the Services only for the duration of the Subscription purchased (typically one or two semesters depending on the Course), whether or not the Services are used, and subject to Pearson's right to terminate access under these UTOS. Institution access may be provided for a different time period.
While Pearson makes reasonable efforts to ensure the availability of the Services to Authorised Users with active Subscriptions, the Services may be unavailable for limited periods of time due to scheduled routine maintenance, emergency maintenance or factors beyond Pearson's control, such as disruptions of Internet services or unforeseen threats to the integrity or security of the Services.
Pearson may at any time, with or without notice to you, restrict the use and accessibility of the Services and/or discontinue any portion, feature, or content of the Services. Pearson will make reasonable efforts to provide Authorised Users with active Subscriptions notice of significant changes to the Services whenever reasonably feasible. Information and updates about changes to the Services and its availability are posted regularly at Pearson Support.
14. Warranties
The Services’ availability and performance occasionally may be less than perfect, and you nonetheless agree to use them “as-is” and at your own risk.
You expressly acknowledge and agree that: (1) your use of the Services is at your own risk; (2) the Services are provided on an "as is" and "as available" basis; (3) you have not relied on any statement, information, or advice from Pearson's representatives or resellers that would be deemed to be a warranty of these Services or form the basis for any liability of Pearson; and (4) to the fullest extent permitted under applicable law, Pearson and its licensors and contractors expressly disclaim all warranties and conditions of any kind, including those created by course of performance, course of dealing, usage of trade, and whether express or implied.
Neither Pearson nor its licensors make any representation or warranty that: (1) the Services or your use thereof will be uninterrupted or error-free; (2) the results that may be obtained from the use of the Services will be accurate or reliable; or (3) the Services will meet your requirements.
Any material uploaded to or downloaded or otherwise obtained from the Services is done at your own discretion and risk; neither Pearson nor its licensors shall be liable, and you will be solely responsible, for any and all loss, or corruption, of data uploaded or inputted by you through the use of the Services, and for any and all servicing, repair, or correction of and any damage to your hardware and software that may result from the use of the Services.
If the Services have a value or are of a kind ordinarily acquired for personal, domestic or household use or consumption such as to attract the operation of the provisions of the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law (“ACL”), and any relevant legislation of any other state or territory, certain conditions and warranties will be implied and rights and remedies conferred upon you cannot be excluded, restricted or modified by agreement (“non-excludable terms”).
You acknowledge that with respect to any non-excludable terms, Pearson’s liability, to the maximum extent permitted by law, is limited (at Pearson’s discretion) in relation to the Services: (i) supplying the Services again; or (ii) paying the cost of having the Services supplied again.
15. Pearson’s liability to you is limited
If something goes wrong with the Services, Pearson’s liability to you is limited.
Nothing in these UTOS is intended to exclude or limit any condition, warranty, right, or liability that may not be lawfully excluded or limited under applicable law. Accordingly, only the limitations that are lawful in your jurisdiction will apply to you and in such instances our liability will be limited to the maximum extent permitted.
In no event shall Pearson or its employees, officers, agents, contractors, or licensors be liable for any compensatory, incidental, indirect, special, punitive, or consequential damages of any kind - including, without limitation any claims or damages based on your use of or inability to use the Services, any third-party websites, or applications accessed through the Services, damage to property, third-party claims, loss of profits, goodwill, data, or other intangible losses, losses caused by your reliance on any content or information provided through the Services, and/or any other losses of any kind arising from your use of the Services.
Pearson's maximum aggregate liability in connection with the Services will in no event exceed the total fees paid by you for the specific Services from which the loss arises. The limitations set forth in this section shall apply whether such liability is asserted on the basis of contract, tort, or otherwise, even if Pearson has been advised of the possibility of any such loss or damage, and/or if any of the limited remedies in these UTOS fail their essential purpose.
16. You are responsible for any damage you cause Pearson
You agree not to use the Services in violation of these rules, or for any unlawful purpose. But if you DO, you agree to compensate Pearson for any damage you cause.
As a condition of your use of the Services, you warrant and represent to Pearson that: (1) you are an Authorised User; (2) you will, at all times, comply with all applicable local, state, national or international laws or regulations, and/or the academic rules or policies of your Institution in using the Services; and (3) you will not use the Services for any purpose that is unlawful or prohibited by these UTOS or the AUP. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Pearson and its employees, officers, agents, contractors, and licensors from any claims, damages, expenses, or liabilities arising from or in any way related to any violation of these UTOS or unauthorised use of the Services.
17. If we get into a dispute, these are the laws that will apply & the courts where claims may be brought
Any litigation over the Services will be resolved in the courts of Victoria, Australia
You: (1) submit to the personal and exclusive jurisdiction and venue of the courts located within the State of Victoria; and (2) agree that any Claim will be governed by and construed subject to the laws of the State of Victoria, without giving effect to its conflict of law principles.
18. Terminating your Subscription & access to the Services
You or Pearson may cancel your Subscription at any time for any reason set forth below:
(1) Trial Access. On a case-by-case basis, Services may be made available to you for a trial review period, typically for up to fifteen (15) days or as otherwise agreed with Pearson ("Review Period"). During the Review Period, you will be provided access to the Services without charge. If your Review Period is time limited, however, access to the Services offered for trial review will be terminated if payment is not made prior to the end of the Review Period. Termination of a Service does not automatically terminate your User Account. Further, you expressly acknowledge and agree that if at any time during the Review Period, Pearson, in its sole discretion, determines that you are utilising the Review Period as a substitute or proxy for a paid Service, it may immediately terminate or suspend your access to the applicable Service for which you’ve been granted a Review Period. In the event of any suspension or termination of your access to such a Service, you acknowledge and agree that: (1) the Service, its functionality, activities, materials, or any results generated by your use thereof may not be available to you or any other person; and (2) neither you nor any other person are authorised to access or use any results generated by your use of the suspended or terminated Course, its functionality, activities, or materials regardless of whether such results are available within the Course or the Services. If your access to a Course is terminated due to you not purchasing a Course Subscription, and then Pearson subsequently reinstates your access to the Course upon later receiving payment, any such reinstated access shall remain subject to the terms of these UTOS.
(2) Termination by You. Subject to account restrictions that may be imposed by your Institution or a Third-Party Service through which access to the Services is provided, you may terminate your User Account at any time by notifying Pearson of your decision to do so. Your satisfaction with the Services is important to us. If you have any concerns or complaints about the Services or wish to terminate your access to the Services, please contact us at Pearson Support.
(3) Termination by Pearson. Pearson may, in its sole discretion, with or without advance notice, and/or at the request of your Institution, suspend or terminate your access to, or your rights to use, all or any part of the Services for any conduct or use (whether by you or anyone else having access to the Services under your User Account) that Pearson reasonably believes violates the UTOS or AUP.
(4) Effect of Termination. Whether termination is initiated by you, your Institution or Pearson, the terms of the UTOS and AUP, and Sections 10, 18, and 19 of these UTOS shall survive any such termination. Any User Account information, data, settings or specifications, or customisations of a Service or Subscription specific to your User Account may be permanently lost upon termination of a Service or Subscription, whether by you, Pearson, or your Institution. User Content and other user information associated with your use of the Services may still be accessible by your Institution or, to the extent it is posted in a public forum, to other users of the Services for which such information was posted, even after termination.
19. Your exclusive remedies under these UTOS
If something goes wrong, your only remedies under these UTOS are: (1) restoration of access to the Services; or (2) a pro-rata refund of fees.
To the maximum extent permitted by law, Pearson's entire liability to you, and your sole and exclusive remedy, regarding the use of the Services shall be either, in Pearson’s sole discretion: (1) restoration of access to the Services to which you have subscribed; or (2) a pro rata refund of any fees paid directly by you to Pearson for the particular Service or Subscription.
Refunds are not available for lost or stolen access codes, or any purchases made through third parties (for example, your campus bookstore). If you are dissatisfied with a Service or wish to request a refund, please contact us at Pearson Support.
Our Services come with consumer guarantees that cannot be excluded under the ACL. You are entitled to a repair, replacement, or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to a repair or replacement if the Services fail to be of acceptable quality and the failure does not amount to a major failure.
20. A few additional, miscellaneous terms
These UTOS are personal to you, and you may not assign, transfer or delegate your User Account or your rights or obligations under these UTOS or the AUP (collectively, the “Terms”) to anyone. Pearson may assign or delegate its rights or obligations under the Terms, in whole or in part, subject to Pearson's right and obligations under the Terms and any agreement it may have with your Institution.
In the event that any provision of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remainder of the Terms shall remain valid and enforceable according to its terms.
The Terms comprise the entire agreement between Pearson and you with respect to the Services and cannot be modified by you absent a signed written agreement.
Section headings and summaries in the Terms are for your convenience only and do not have any legal meaning or effect.
If Pearson waives or fails to enforce any term or condition of the Terms on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce such terms will not prevent Pearson from enforcing any terms or condition of the Terms at any other time.
Version: 1.5
Last Revised: [19 August 2020]