About the Site

Your use of the CourseSmart service, and your agreement to rent our eTextbooks and purchase eResources are subject to the following terms and conditions.

Please read these terms and conditions carefully.

1. The Agreement. We, CourseSmart Limited ("CourseSmart"), a limited liability company registered with company number 07901489 and having our registered office at Devonshire House, 1 Devonshire Street, London WIW 5DR are providing you with access to digital versions of certain textbooks ("eTextbooks") and certain proprietary electronic resources ("eResources") on the condition that you agree with and accept all of the terms and conditions set out below. These Terms and Conditions of Service and Use, together with all updates, shall constitute the "Agreement".

2. Definition of the Service. CourseSmart provides you with access to eTextbooks and eResources in return for a fee and access to enable you to preview up to 10% of each page of an eTextbook free of charge (collectively, the "Service"). To access complete eTextbooks, you may either rent eTextbooks online from CourseSmart or purchase access code(s) from bookstores and other physical locations which you can use to access your eTextbooks. Once you have accessed an eTextbook online, you have the ability to view it offline. Viewing eTextbooks offline is explained in greater detail below. In addition, to access eResources, you will be re-directed to the third party website that is providing the eResource and once on that third party website, you will enter the access code for the eResource that you purchased on coursesmart.co.uk (the "CourseSmart Site").

3. Age Requirement for Use of the Service. The Service is available for individuals aged 18 years or older. If you are under the age of 18, you should ask your parent or guardian to enter into the Agreement on your behalf.

4. Your Agreement. By clicking the check box labeled "Yes, I have read and agree to the CourseSmart Terms and Conditions of Service and Use" when you first access the Service, you will be entering into a binding legal agreement. If you have any questions about the terms and conditions in this Agreement contact us at customerservice@coursesmart.co.uk.

5. Use of the Service for eTextbooks- By Students and By Instructors.

   1. By Students

      CourseSmart eTextbooks is our digital rental service that enables a paying customer to have access to and use of eTextbooks. As a paying customer, you are granted a personal, non-exclusive, non-transferable, limited licence to access the CourseSmart eTextbooks that you rent, and to reproduce and store portions of their contents for your personal, noncommercial use, all according to the terms and conditions of this Agreement. In addition, as a paying customer, you may:

      • view all content of any and all of the CourseSmart eTextbooks that you have rented for the rental term;

      • print and/or copy and paste digital pages of the CourseSmart eTextbooks for your personal, noncommercial use and reference in connection with your course work; however, the number of pages that you may print is limited to 50% of the number of pages in the eTextbook;

      • personalise the CourseSmart experience by creating bookmarks and adding personal notes;

      • purchase access codes to access online resources from certain third party websites; and

      • obtain a refund as long as you are eligible to receive a refund as described in our Refund Policy below.

      Offline Option

      When you rent a CourseSmart eTextbook, you also have the option to access and view your eTextbook offline. In order to use this feature, you must use Firefox 3.6 or above. After first viewing and renting an eTextbook online, you may check out an entire eTextbook, or only particular chapters of an eTextbook. A user may check out up to five (5) eTextbooks at any one time, and may not check out more than 300 chapters in any thirty (30) day period. If you have checked out an eTextbook, in order to be eligible for a refund, you must first check the eTextbook back in. For more details, see our Refund Policy below.

      If you are viewing an eTextbook offline, you will not have access to all of the features that are available if you view the eTextbook online. For example, you may only search one (1) page of text at a time, and you will not have access to CourseSmart's knowledge base or to the print and zoom features that are available if you view the eTextbook online. For more details on the offline option, please refer to our Customer Help FAQ section on the CourseSmart Site which is accessible from the home page or via this link http://support.coursesmart.co.uk/ics/support/default.asp?deptID=8456.

      In addition, in order to view an eTextbook or a chapter of an eTextbook offline, the user must use the same computer and the same web browser that were used when the eTextbook was checked out.

      Rental Periods.

      The rental period for individual CourseSmart eTextbooks may vary. The rental period can be seen on each CourseSmart eTextbook's product page and is also visible in the shopping cart during the checkout process. Once you have purchased a CourseSmart eTextbook, the expiration date is visible beside each CourseSmart eTextbook title on the My Bookshelf page. You can renew your rental of your CourseSmart eTextbooks from the CourseSmart Site, as needed.

   2. By Instructors and Professors.

      If you are an instructor or professor who has been authorised by one of CourseSmart's content providers to access an eTextbook, you:

      • may also request an examination copy of a CourseSmart eTextbook by submitting an online form, as described when you click on the "Request Online Exam Copy" link associated with any CourseSmart eTextbook. You may not, however, give or sell access to such examination copy to any other person;

      • promise that you will not use the Service in breach of any contractual or other obligations or duties which you, or to the best of your knowledge, the educational institution with whom you are employed or engaged, is bound, or any provision of law or regulation applicable to you or the educational institution with whom you are employed or engaged;

      • may view all content of any and all of the CourseSmart eTextbooks that you are given access to for the duration of the rental period for that book;

      • may print and/or copy digital pages of the CourseSmart eTextbooks for your personal, non-commercial use and reference in connection with your teaching. The number of pages that you may print is limited to 150% of the number of pages in the eTextbook; and

      • may personalise the CourseSmart experience by creating bookmarks and adding personal notes.

6. Use of the Service for eResources- By Students

   In addition to renting eTextbooks, a registered user may also rent or download a variety of eResources. The eResources are made available to CourseSmart through relationships we have established with certain third party providers. When you purchase an eResource on the CourseSmart Site, you will be provided an access code and then you will be directed to the applicable third party provider's website. When you are on such third party provider's website, you may enter your access code to rent or download your eResource. Your use of the eResource will be governed by the terms and conditions of the third party provider's website, which will be made available to you and which you are encouraged to review prior to purchasing your eResource.

7. Limits on Your Use of the Service.

   No Ownership Rights. You are only granted a limited right to access the CourseSmart eTextbooks in accordance with this Agreement for your rental period in accordance with this Agreement. All title to, ownership of and all copyright and other proprietary rights in the Service and the CourseSmart eTextbooks shall at all times remain vested in CourseSmart and the publishers and authors of the CourseSmart eTextbooks, as applicable. Your use of the Service does not give you any ownership rights in the eTextbooks.

   Personal Use of the Service. You also agree that the Service is provided for your own personal use. You also agree that you will not share your password to, or any printed portions of, the Service or any eTextbook or eResource with any other person. The rights being granted to you are personal in nature to you and may not be shared with, transferred or otherwise assigned to anyone else. In addition, you will not make print or electronic copies of any portions of an eTextbook for anyone other than yourself to use, nor will you employ or allow the use of your account for the purpose of executing scripts, programs, or other technologies designed or intended to create copies or otherwise reproduce CourseSmart eTextbook content.

   Removal of eTextbooks and eResources. You agree that CourseSmart may, at any time and with or without prior notice, remove an eTextbook or eResource from the Service and/or withdraw or remove features of the Service if CourseSmart determines that, in its sole discretion, it does not possess the appropriate or necessary rights or for legal or regulatory reasons is no longer able to provide you with access to such eTextbook or eResource. In the event CourseSmart elects to remove an eTextbook or eResource from the Service, you agree that your sole and exclusive remedy shall be a refund of a pro-rated amount to reflect the remaining rental period for the removed eTextbook or eResource. You are advised to maintain back-up copies of any personal notes you may incorporate in order to personalise the CourseSmart experience in order to avoid these being lost in the event CourseSmart elects to remove an eTextbook or eResource from the Service in accordance with this paragraph.

   Unauthorized Use of Your Account. You agree to promptly notify CourseSmart of any known or suspected unauthorised use(s) of your account for the Service, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or credit card information. Such notification should be sent via email to customerservice@coursesmart.co.uk. CourseSmart shall not be liable for any loss or damage resulting from your failure to safeguard your password and account.

   Prohibited Activities. When using the Service, you agree to refrain from doing any of the following:

   • redistributing, reselling or sharing eTextbooks or eResources from the Service;

   • indexing, scraping or using WebCrawler or any other similar software;

   • making mass, automated or systematic extractions from the Service;

   • violating applicable laws and regulations;

   • using the Service to harm minors;

   • interfering with others' use of the Service;

   • using the Service to invade the privacy of others, or to collect and use an individual's personal and private information or to gain or attempt to gain unauthorised access to other computer systems via the Service;

   • using the Service to create a false identity or to impersonate another person; and

   • using the Service to advertise or promote other Internet sites or services or any other business or activity.

   In addition, you will not, either knowingly or with reckless disregard, participate in any actions intended to interrupt or otherwise negatively impact the Service.

   The foregoing rules set the minimum level of conduct that we expect from users of the Service. We also ask that you use common sense and be considerate towards other users. We reserve the right, at our sole discretion, to suspend or terminate your right to use the Service if you violate the aforementioned rules of conduct or engage in other conduct we deem, acting reasonably, to be inappropriate, objectionable or impairing a third party's use of the Service or threatening the integrity or security of the Service.

   Enforcement of These Terms. Except as described in this paragraph 7, any other use of the CourseSmart Service violates the terms and conditions of this Agreement for the Service and is strictly prohibited. We will pursue our legal and other rights against violators to the full extent permitted under applicable laws and regulations. In addition, you agree that CourseSmart has the right, without liability to you, to disclose any Registration Data (as defined in paragraph 11 below) and/or account information to law enforcement authorities, government officials, and/or a third party, as CourseSmart believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to CourseSmart's right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights).

8. Linking and Use of Site Materials by Instructors. If you are an instructor, you may include a link to a CourseSmart eTextbook or an eResource from a website ("Instructor Website") you maintain as part of your educational course ("Course") for the sole purpose of informing students that may rent a CourseSmart eTextbook related to the Course ("Permitted Purpose"). CourseSmart grants you a non-exclusive, nontransferable, revocable, royalty-free licence to use, reproduce, distribute and display a link to the CourseSmart Site for the Permitted Purpose. In the event you also wish to copy material describing a CourseSmart eTextbook ("Licensed Material") from the CourseSmart Site, CourseSmart grants you a non-exclusive, nontransferable, revocable, royalty-free licence to use, store, reproduce and display the Licensed Material solely for the Permitted Purpose. In connection with such licence, you agree that:

   • the Licensed Material may only be used and displayed on the Instructor Website,

   • you may not alter the Licensed Material in any way,

   • the page on which the Licensed Material is displayed shall contain a prominently displayed link to the page within the CourseSmart Site where a student may rent the CourseSmart eTextbook, and

   • the page on which the Licensed Material is displayed shall contain no advertising.

   From time to time CourseSmart may move, delete or update material on the CourseSmart Site and you agree to periodically check that your links and any Licensed Material are current and promptly remove or update any link that is broken or incorrect or any Licensed Material that has been deleted or is out of date. CourseSmart reserves the right in its sole discretion to revoke these licences at any time for any reason, and if you are so notified, you agree to immediately remove all links to the CourseSmart Site and all Licensed Material from the Instructor Website. You agree not to use or display the links or the Licensed Material with any other material that could be viewed as disparaging the CourseSmart eTextbook or its author or publisher or otherwise casting the CourseSmart eTextbook or its author or publisher in a negative light.

9. Students with Disabilities. If you have a disability, you may register and use the Service. If you need screen reader access to your eTextbook, contact CourseSmart to obtain the accessible version of our reader.

10. CourseSmart's Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to CourseSmart's Privacy Policy, which policy is expressly made part of this Agreement. If you have not already read CourseSmart's Privacy Policy, you should do so now.

11. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. CourseSmart may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that CourseSmart may store and use the Registration Data you provide (including credit card and PayPal account information) for use in maintaining your accounts and billing fees to your credit card or PayPal account.

12. Payment Terms and Cancellation. When you use the Service as a paying customer, you agree (i) to timely pay the applicable Service fees and (ii) to provide CourseSmart with valid credit card or PayPal account details for payment of all fees. All fees are payable in UK sterling in advance and include all applicable taxes. VAT will be included as required by law. CourseSmart reserves the right to change the amount of, or basis for determining, any fees or charges for the Service, and to institute new fees, charges for future rental periods or new terms effective upon prior notice to you. We take all reasonable steps to ensure that the fees displayed on the CourseSmart are accurate but despite taking all reasonable precautions and exercising all due diligence errors can occur. If we discover an error in any fee for any eTextbook or eResource you have ordered, we will inform you as soon as possible and you will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. We will refund you in full if you cancel the order and have already paid for the relevant product.

13. Refund Policy. Please note that unless both you and we have agreed otherwise, we will begin to supply the Service as soon as your order is received and accepted by us and accordingly you will not then be able to cancel that order under the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000. For more information about those Regulations please contact your citizens' advice bureau or a solicitor or visit the Department of Trade and Industry's Consumer Gateway website at: http://www.consumerdirect.gov.uk/.  However:

    • For eTextbooks.

      you may, during the seven (7) day period immediately following your rental of a CourseSmart eTextbook, cancel your purchase and request a refund, provided that you have viewed and/or printed, in total, less than ten percent (10%) of the CourseSmart eTextbook and provided that you have not yet used the access code to view any online resource that may be included with our eTextbook purchase. If you have accessed your eTextbook and checked out any part of it to view it offline, you must first "check in" your eTextbook in order to be eligible for a refund. If you rent a CourseSmart eTextbook, request a refund, and then rent the same CourseSmart eTextbook, you will not be eligible to request any further refunds for that CourseSmart eTextbook; and

    • For eResources

      if, while on the CourseSmart Site, you purchase an eResource with an access code to materials from a third party website, you may obtain a refund of any fees you paid CourseSmart for the eResource if you have not used the access code and you request the refund within seven (7) days of your purchase.

14. Intellectual Property.

    • eTextbooks and eResources are Protected by Intellectual Property Rights.

      You agree that the contents of the CourseSmart eTextbooks and eResources are protected by copyrights, trade marks, and all other similar proprietary rights and protections (collectively, the "IP Rights") belonging to CourseSmart and the various publishers (the "Publishers") and authors (the "Authors") whose books are being made available to you as CourseSmart eTextbooks or eResources, and that these IP Rights are valid and protected in all forms, media, technologies, existing now or developed in the future. The graphics, logos, page headers, button icons, scripts, and service names appearing on the CourseSmart Site are protected trade marks, trade dress or other rights of CourseSmart and may not be used in connection with any other product or service that is likely to cause confusion among customers, or in any manner that disparages or discredits CourseSmart or the other owner of the rights.

    • No Modification of eTextbooks or eResources.

      You agree that you will not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the content of the CourseSmart eTextbooks or eResources, in whole or in part, except as expressly permitted by this Agreement or as permitted by the fair dealing provisions of UK copyright law. For more information about those provisions please contact your citizens' advice bureau or a solicitor or http://ipo.gov.uk/types/copy/c-other/c-exception.htm.

    • Amendment, Withdrawal or Removal of Features of the Service.

      The Service is intended to be an innovating and dynamic on-line publishing environment and CourseSmart may amend, withdraw or remove features of the Service at any time, and without prior notice to you.

15. Termination of Your Right to Use The Service.

    CourseSmart may terminate your use of the Service for your breach of this Agreement and no refund of any prepaid fees will be made. If CourseSmart terminates the Agreement for any other reason, CourseSmart will refund to you a pro-rated amount to reflect the remaining rental period for any eTextbook or eResource currently being rented by you.

    You may terminate your use of the Service: (a) in accordance with the agreed cancellation and refund provisions set out above; or (b) otherwise at any time provided that we shall not be required to give any refunds except to the extent that we have failed to comply with our obligations under this Agreement and in such circumstances you must give us notice of your intention to terminate and your reason for doing so.

    Upon termination for any reason, your right to use the Service, and all associated licence rights, shall immediately terminate, and you shall cease having access to the Service and will have no further rights to use the Service. Termination of your right to use the Service shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to CourseSmart.

16. Additional Terms.

    • Entire Agreement. We intend to rely upon the Agreement as the entire understanding between you and us relating to the Service.  If you and we agree any other changes, please make sure that you request that these are confirmed in writing. That way, we can avoid any problems surrounding what we or you are expected to do.

    • Force Majeure. Performance of the Service may be subject to delay and interruption due to causes beyond our control, such as acts of God, power failure, acts of terrorism, natural disasters such as earthquakes and fires, equipment failure, and the like.

    • Governing Law. This Agreement will be governed by the laws of England and we both agree to submit to the exclusive jurisdiction of the English courts unless you live in another part of the UK when the courts of that territory shall have exclusive jurisdiction.

    • Dispute Resolution. We will try and solve any disagreements between you and us quickly and efficiently.  If you are not happy with the way we deal with any such disagreement, you and we may agree to refer the matter to arbitration but you and we are not restricted from bringing court proceedings.

    • Disclaimer of Warranties. The Service and all materials, information, software, facilities, services and content in the Service, including without limitation the eTextbooks and the eResources, are provided "as is" and without express warranties or promises of any kind. In the absence of any negligence or other breach of duty by us, your use of the Service is entirely at your own risk.  In particular, we do not expressly promise that the functions contained in the Service will be available, uninterrupted or error-free, that defects will be corrected or that the Service or the servers that may be used to make the Service available are free of viruses or other harmful components. We do not promise or make any representations regarding the use of the results of the use of the material, information, software, facilities, services and content in the Service, including without limitation the eTextbooks and the eResources, or any websites linked to the Service in terms of their correctness, accuracy, reliability or otherwise. We make no promises that your use of the materials, information, software, facilities, service and content in the Service, including without limitation the eTextbooks and the eResources, or any website will not infringe the rights of others, and assume no liability or responsibility for errors or omissions in such materials, information, software, facilities, services or content of the Service, including without limitation the eTextbooks and the eResources, or any other website. This paragraph does not affect your statutory rights, including without limitation your ability to rely on implied warranties permitted to you by law.

    • Limitations of Liability. We will only be required to compensate you for any loss or damage you may suffer in connection with the Service if: (a) we fail to carry out any of our obligations under this Agreement to a reasonable standard or if we breach any duties imposed on us by law (including if we cause death or personal injury by our negligence); and (b) such failure is not attributable to: (i) your own fault; (ii) a third party unconnected with our performance of this Agreement (e.g. problems due to your network provider or the performance of your access equipment); or (iii) any other events which neither we nor our suppliers could have foreseen or prevented even if we or they had taken reasonable care. As this Service is for non-commercial use only, our liability shall not in any event include losses related to any business such as lost profits or opportunity or business interruption. Let us know of any problems you have as soon as reasonably practicable. Claims may be reduced or rejected if you delay unreasonably or if we have not been given an opportunity to put matters right.

    • Severability. To the extent that any provision of this Agreement is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be enforced to the maximum extent possible and shall not affect the enforceability of the remainder of this Agreement.

    • No Waiver. If you breach this Agreement and we do not take action against you, we may still take action against you if you breach the same term of this Agreement on another occasion or if you breach a different term.

    • Infringing Material. If you have any copyright or other concerns about any materials posted or made available to you as part on the Service, please let us know at customerservice@cousesmart.co.uk

Terms and Conditions of Service and Use last updated on: April 23, 2012