Ebook download terms and conditions
We created this download agreement for websites selling downloadable ebooks to consumers and/or businesses.
This template includes detailed licensing provisions, including various optional limitations and prohibitions. For example, sellers may want to limit the number of copies of an ebook that may be viewed and printed. They may also want to limit the number and type of computers and other devices upon which the ebooks may be stored.
Optional licensing prohibitions in the download agreement include prohibitions upon the publication, sale, licensing, sub-licensing, renting, transferring, transmission, broadcasting, distribution, redistribution, editing, modification, adaptation or alteration of ebooks.
The ebook download agreement is designed to aid compliance with the Electronic Commerce (EC Directive) Regulations 2002 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
You may also be interested in our ebook disclaimer, designed to be incorporated into an ebook.Ask about this document
Ebook download terms and conditions contents
- Introduction: purpose of document: governing downloads; express agreement to document upon order; no abridgment of consumer statutory rights.
- Interpretation: informal definitions for download terms and conditions.
- Order process: download advertisement as invitation to treat; no contracts except in accordance with order process; downloads order process; input error correction and identification.
- Prices: prices quoted on website; prices changes on website; amounts inclusive or exclusive of VAT.
- Payments: payment of download prices; methods of paying prices.
- Licensing of ebooks: format and supply of downloads; grant of licence to use downloads; permitted uses of ebooks; prohibited uses of ebooks; warranty of ability to use downloads; all rights in downloads reserved; retention of proprietory notices in downloads; rights granted are personal; licence to use downloads terminates upon breach; termination of download licence by deletion; consequence of termination of licence to use downloads.
- Distance contracts: cancellation right: cancellation right for consumers; cancellation right for services and digital content; consumer agreement to provision of digital content; exercise of cancellation right; full refund upon distance contract cancellation; refund method; refund timing for services and digital content.
- Warranties and representations: customer warranties and representations; warranty relating to digital content (B2B); warranties relating to digital content (B2C or mixed); no implied warranties or representations relating to supply of intangibles.
- Limitations and exclusions of liability: caveats to limits of liability (with consumer protection); interpretation of limits of liability; no liability for force majeure; no liability for business losses; no liability for loss of data or software (with consumer protection); no liability for consequential loss (with consumer protection); no personal liability; liability cap upon services contract.
- Variation: revision of document by publishing new version on website; variations govern future contracts.
- Assignment: assignment by first party (with consumer rights); assignment by second party.
- No waivers: no unwritten waivers of breach; no continuing waiver.
- Severability: severability of whole; severability of parts.
- Third party rights: third party rights: benefit; third party rights: exercise of rights.
- Entire agreement: entire agreement - sale and licensing of downloads.
- Law and jurisdiction: governing law; jurisdiction.
- Statutory and regulatory disclosures: copy of document not filed; language of document; value added tax number; link to ODR website; name and URL of ADR provider.
- Our details: website operator name; company registration details; place of business; contact information.