Use of the Perlego Service, (the “Service”) and your agreement to access eContent or use eContent purchased on your behalf or use the Service to read and use other content that can be downloaded into the Service or accessed through the Service is subject to the following terms and conditions: Please read them, and our Privacy Statement, carefully.
Perlego provides you with access to its Systems, Software and separate reading software apps (the “Perlego Reader”) along with eContent and eResources and the ability to access other Digital Content (collectively, the “Service”). To access such eContent, you, or someone else on your behalf, may purchase access to the eContent for you. Once you have accessed the eContent online, you have the ability to view it in the Perlego Reader apps. Viewing eContent is explained in greater detail below. In addition you may use the Perlego Reader and the Service to access other Digital Content that is free and / or otherwise compatible with the Perlego Reader and the Service.
The Service consists of software systems, reading apps, documentation, fonts and digital content provided by Perlego and its Licensors including third party publishers which are included, where applicable, in the Service and are licensed, to you by Perlego for use only under these terms and conditions. Perlego and/or Perlego’s licensors and publishing partners retain ownership of the Perlego Software, eContent, eResources, Digital Content and any other component of the Service itself and reserve all rights not expressly granted to you. Perlego, at its discretion, may make available future updates to the Service. The Perlego software and Service updates, if any, may not necessarily include all existing software features or new features that Perlego releases for newer browser versions or other devices. The terms of this License will govern any software updates provided by Perlego that replace and/or supplement the original Perlego software product, unless such update is accompanied by a separate license in which case the terms of that license will govern such update.
The Service is accessible for a fee on a recurring 30-day subscription basis (“Subscription”). If you choose a Subscription, we will display the basis on which it is offered before you purchase it.
We may from time to time change our subscription fees. Changes will apply to any subsequent renewal or new Subscription. We will inform you of any change in subscription fees at least 14 days before the change is due to take effect. If you do not agree to such a change, you may cancel the Subscription as described in section 11.
Perlego will guide you through the process of purchasing a Subscription. Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
If, during the order process, you provide us with incorrect or incomplete information, please contact us as soon as possible by email: [email protected] If we are unable to process your order due to incorrect or incomplete information, we will contact you to ask you to correct it. If you do not give us the accurate or complete information within a reasonable time of our request, we will cancel your order. We will not be responsible for any delay in the availability of the Service that results from you providing incorrect or incomplete information.
In the unlikely event that we do not accept or cannot fulfil your order for any reason, we will explain why by email.
In some limited circumstances, we may need to suspend the provision of the Service (in full or in part) for one or more of the following reasons:
To fix technical problems, apply new versions of our software, or to make necessary minor technical changes; or
To update the Service to comply with relevant changes in the law, the requirements of anyone holding rights to the Service, or other regulatory requirements.
If we need to suspend availability of the Service for any of these reasons, we will inform you in advance of the suspension and explain why it is necessary.
We may suspend provision of the Service if we do not receive payment on time from you. We will inform you of the non-payment on the due date, however if you do not make payment within 7 days of our notice, we may suspend provision of the Service until we have received all outstanding sums due from you. If we do suspend provision of the Service, we will inform you of the suspension. You will not be charged for any Service while provision is suspended.
We may suspend or terminate your Subscription if you breach the Agreement. We value our engagement with our community of users and will make every effort to be sensible and proportionate when considering any breaches.
Your Subscription will renew automatically until the end of the 30-day period in which you notify us by email to [email protected] that you wish to cancel it (or unless it is terminated earlier in accordance with these terms).
If there is a problem with the Service, please contact us at [email protected] or visit the Contact page on Perlego.com to inform us of the problem.
Refunds (whether full or partial, including reductions in price) under this Section 8 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund.
Refunds under this Section 8 will be made using the same payment method that you used when purchasing your Subscription.
For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
If you are provided with a free trial of the Service, no payment will be taken for the Service until the expiry of 14 days from the date you activate your Subscription (“Free Trial Period”).
You have the right to cancel your Subscription at any time during the Free Trial Period. You can do this by emailing us at [email protected] or using the Cancel Subscription button inside the Account Settings – Subscriptions page. If you do not cancel within the Free Trial Period, then at the end of the Free Trial Period, the payment method you provided will automatically be charged the subscription fee each 30 days from the end of the Free Trial Period, until you cancel your Subscription.
We may decide at any time to refuse or cease to provide any Free Trial Period. You will not be entitled to a Free Trial Period if you have previously been provided with a Free Trial Period, or you have previously taken a subscription to the Service, or you are using a payment method that has been used in respect of a previous subscription to the Service.
Except where you are in a Free Trial Period, payment for your Subscription shall be taken immediately on your order being accepted, and thereafter at 30-day intervals until you cancel your subscription in accordance with the Agreement. Where you have not cancelled a Subscription during a Free Trial Period, the first payment will be taken on the 15th day after your order is accepted, and thereafter at 30-day intervals until you cancel your subscription in accordance with the Agreement.
You will be provided access to the Service from the moment that you activate your Subscription by submitting your payment details and accepting these Terms and Conditions of Service. By placing your order, you are requesting that the Service and all available eContent and eResources be made available to you immediately. As such, you acknowledge that once we have commenced provision of the Service you do not have any cancellation or withdrawal rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or other laws implementing Article 9 of the Consumer Rights Directive (2011/83/EU).
If you do not make any payment due to us on time, we will suspend your access to the Service. If you do not make payment within 7 days of our reminder, we may cancel the Subscription. Any outstanding sums due to us will remain due and payable.
If you believe that we have charged you an incorrect amount, please contact us at [email protected] as soon as reasonably possible to let us know.
You may cancel your Subscription at any time. You will continue to have access to the Service for the remainder of your current Subscription (up until the renewal date, as applicable), at which time the Subscription will end.
We may ask you why you have chosen to cancel and may use any answers you provide to improve our content and services, however please note that you are under no obligation to provide any details if you do not wish to.
You may end the Subscription at any time if we have informed you of a forthcoming material change to your Subscription, or to these Subscription Terms, that you do not agree to. If the change is set to take effect or apply to you before the end of your current Subscription, we will issue you with a pro-rated refund equal to the remaining time left in that Subscription. If the change will not take effect or apply to you until the expiry of your current Subscription, the Subscription will end at the end of that Subscription period and you will continue to have access to the Service until that date.
If we have suspended availability of the Service for more than 7 days, or we have informed you that we are going to suspend availability for more than 7 days, you may end the Subscription immediately. If you end the Subscription for this reason, we will issue you with a pro-rated refund.
You also have a legal right to end the Subscription at any time if we are in breach of the Agreement. You may also be entitled to a full or partial refund and compensation. For more details of your legal rights, if you are in the United Kingdom, please refer to your local Citizens Advice Bureau or Trading Standards Office.
Refunds under this Section 11 will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when purchasing your Subscription.
As a customer of the Perlego platform, you are granted a personal, non-exclusive, non-transferable, limited licence to access and use the Service and access and use eContent that you or someone on your behalf has purchased access to for you, and to reproduce and store portions of that eContent for your personal, non-commercial use, all according to the terms and conditions of this Agreement. In addition, as a customer, you may:
Digital Rights Management: The Perlego Reader software contains software code used for performing operations on content protected by Digital Rights Management (“DRM Content”). You agree not to perform any actions in, with or upon Perlego Reader that are performed for the purpose of subverting DRM Content.
Perlego Reader stores and transmits information regarding your usage of Perlego Reader to our publishing partners as part of providing content and only for eContent that is accessed through the Perlego Reader. This information may include the time period in which you read a given book, the last page number you read, and other information.
No Ownership Rights: You are only granted a limited right to access the eContent in accordance with this Agreement. All title to, ownership of and all copyright and other proprietary rights in the Service and the eContent shall at all times remain vested in Perlego, its Licensors and the publishers and authors of the eContent, as applicable. Your use of the Service does not give you any ownership rights in any part of the Service or for the avoidance of doubt the eContent. In addition you agree you may not rent, lease, lend, sell, redistribute or sublicense the Perlego Software, Service or eContent. You may not copy, decompile, reverse engineer, disassemble or attempt to derive the source code, modify, or create derivative works of the Perlego Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Perlego Software). Any attempt to do so is a violation of the rights of Perlego and its licensors, in violation of this Agreement and may be subject to prosecution and damages.
Third Party Acknowledgements Portions of the Service and Software may utilise or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the electronic documentation for the Perlego Software, and your use of such material is governed by their respective terms.
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 eContent 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 the eContent 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 eContent.
Removal of eContent and eResources You agree that Perlego may, at any time and with or without prior notice, remove eContent or eResources or other content from the Service and/or withdraw or remove features of the Service if Perlego 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 eContent, eResource or other Content. In the event Perlego elects to remove any eContent or eResource from the Service, we will do what we reasonably can to provide you with alternative similar content, and you agree that you will not be entitled to a refund for the removed eContent or eResource. You are advised to maintain back-up copies of any personal notes you may incorporate in order to personalise the Perlego experience in order to avoid these being lost in the event Perlego elects to remove any eContent or eResource from the Service in accordance with this paragraph.
Unauthorized Use of Your Account You agree to promptly notify Perlego 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 [email protected] Perlego 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:
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, any other use of the 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 Perlego 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 Perlego believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Perlego’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).
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. Perlego may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Perlego may store and use the Registration and Payment Data you provide (including credit or debit card and PayPal account information) for use in maintaining your accounts and billing fees to your credit or debit card.
eContent and eResources are Protected by Intellectual Property Rights. You agree that the contents of the eContent and eResources are protected by copyrights, trademarks, and all other similar proprietary rights and protections (collectively, the “IP Rights”) belonging to Perlego and the various publishers (the “Publishers”) and authors (the “Authors”) whose content is being made available to you as eContent 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 Perlego Site are protected trademarks, trade dress or other rights of Perlego 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 Perlego or the other owners of the rights.
Perlego may terminate your use of the Service for your breach of this Agreement and no refund of any fees will be made. If Perlego terminates the Agreement for any other reason, Perlego will make a refund of fees paid by you.
Upon termination for any reason, your right to use the Service, and all associated license 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 Perlego.
Entire Agreement We intend to rely upon the Agreement as the entire understanding between you and us relating to the Service.
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.
Disclaimer of Warranties The Service and all materials, information, software, facilities, services and content in the Service, including without limitation the eContent and the eResources or any other eContent whatsoever, 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 eContent, the eResources or any other content that you may access, 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 eContent, the eResources, or any other content 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 eContent and the eResources, or any other website or content. 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, (iv) any eContent, eResource or other content provided to you by the Service from a third party publisher. 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.
Nothing in these Subscription Terms seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
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 [email protected]
Assignment We may transfer our rights and obligations under the Agreement to another organisation. You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
Severability. If a court finds part of the Agreement illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
No Waiver. Even if we delay in enforcing the Agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you later. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a consumer to rely on such mandatory provisions of local law.
European Commission Online Dispute Resolution platform. If you are not happy with how we have handled any complaint, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform. To access the platform, please click on the following link: http://ec.europa.eu/odr.