Terms and Conditions

Welcome to BookAccess.ca. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern BookAccess.ca’s relationship with you in relation to this website.

The use of this website is subject to the following terms of use:

• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
• Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
• You may not create a link to this website from another website or document without BookAccess.ca’s prior written consent.
• Your use of this website and any dispute arising out of such use of the website is subject to the laws Ontario

Cancellation:

You may cancel your account at any time. These cancellations take effect immediately if you do not have any books in your possession. Otherwise, the cancellation will become effective once all BookAccess books in your possession are returned. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH’S OF USE. If you fail to return the books on time, and we dont recieve any correspondence from you. We have the right to initiate the following: (1) charge up to the list price (Manufacturer's Suggested Retail Price "MSRP") for each book. Those charges will be automatically charged to your payment method (credit or debit card) on file with us. (2) Send your information to a third party collection agency. We will send you a sufficient reminders concerning unreturned books prior to charging your payment method, or sending your account to a collection agency. We will only choose the latter if we are unable to charge your method of payment.

Damaged Books:

If a book is returned to BookAccess damaged as a result of subscriber misuse, BookAccess reserves the right to automatically charge the subscriber the MSRP of each damaged book. If theft is suspected, BookAccess will refer the matter to the proper authorities.

Supplemental Materials:

Please note that supplemental materials are NOT guaranteed with our rentals i.e.CD's, exercise books, study guides, lab manuals, access codes/cards etc.

Retention of Billing Information:

The Subscriber's credit or debit card information will be kept on file. The subscriber agrees to allow the information to be kept in BookAccess’s (Hosted Solution) database. 128-bit encryption methods keep the Subscriber's sensitive information safe and no personal or billing information will be shared with any third party, except as when may be required by law (see Cooperation with Authorities and Courts section below).

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY
THIS WEBSITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND/OR SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. BOOKACCESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE, ITS CONTENTS, OR SUCH SOFTWARE, PRODUCTS AND/OR SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS WEBSITE, ITS CONTENTS OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE. IN ADDITION, BOOKACESS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
IN NO EVENT SHALL BOOKACCESS, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS WEBSITE; ANY MATERIALS, INFORMATION, QUALIFICATIONS AND RECOMMENDATIONS APPEARING ON THIS WEBSITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS WEBSITE; ANY LINK PROVIDED ON THIS WEBSITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT BOOKACCESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS WEBSITE.

Copyright:

All contents included on the BookAccess website and delivered to you as part of the BookAccess services, including the books themselves, are the property of BookAccess, its suppliers, or its advertisers, and are protected by Canadian and international copyright laws. The compilation of the content on this website is the exclusive property of BookAccess, and protected by Canadian and international copyright laws. All book content, cover images and thumbnails are reserved property of the original copyright issuer. The blank book image is licensed from istockphoto.com, and any further information regarding this can be obtained from www.istockphoto.com

BookAccess.ca Inc uses the words BookAccess Inc, BookAccess.ca and BookAccess Interchangeably throughout the website.

Trademarks:

BookAccess, BookAccess.ca, the BookAccess design logo, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of BookAccess. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Cooperation with Authorities and Courts:

BookAccess will cooperate with legal authorities and private parties investigating claims of illegal activity. BookAccess's cooperation may include identification of you and other data relating to the use of the website. If such information is requested, you hereby authorize BookAccess to release any and all information, provided that it uses reasonable efforts to identify and provide you with notice of such request (if permitted by law).

International Use:

Accessing materials, contents and services available on the website from territories where such materials, contents and services are illegal is prohibited. If you choose to access the website from such locations, you do so at your own risk, on your own initiative and shall be solely responsible for complying with applicable laws, rules and regulations.

Export Control:

BookAccess does not authorize the downloading or exportation of any software or technical data from this website to any jurisdiction prohibited by the Canadian Export Laws. Confidentiality:

You are solely responsible for maintaining the confidentiality and security of your account information and your password. If you reveal your password or share your account with anyone, you take full responsibility for his/her actions.

Indemnification:

You agree to indemnify and hold harmless BookAccess and its directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; and (b) your use of this website and associated services including transmission or placement of information or material by you on this website. This provision shall survive the termination of your right to use this website and/or your status as a BookAccess subscriber.

Pursuant to Section 512 (c) of the Digital Millennium Copyright Act, to be effective, that notice must be in writing and must contain the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Use of Cookies:

In order to provide easier access to your account, BookAccess may place a small text file (known as a “cookie”) on any computer from which you access the BookAccess website. If you return to the BookAccess website from that same computer, the cookie enables BookAccess to recognize you, without the need for you to sign in to your account.