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This Agreement sets out the terms and conditions which apply to the supply by Wheelers ePlatform Limited of certain services (defined in this Agreement as the “Services”).
This agreement consists of the following parts:
Affiliate means a Library who is part of a Consortium.
Business Day means a day on which trading banks in Auckland are normally open for business except for any day in the period commencing on 24 December in any year and ending on the 5th day of January in the following year, both days inclusive.
Commencement Date means the date identified as the commencement date in the Confirmation Email.
Confirmation Email means the email sent to the Library by Wheelers confirming online registration by the Library for the Services.
Consortium means a group of Affiliates who have the ability to Share eBooks using the ePlatform.
Currency means the currency identified in the Confirmation Email as the applicable currency for any payments to be made by the Library to Wheelers.
Deal with means to transfer, download, save, store, distribute, transmit, print, copy, paste, adapt, amend, or use or deal with in any format or means now known or to be discovered.
DRM means digital rights management.
DRM Content means eBooks which are available to Members of the Library via the Portal using the ePlatform to manage digital rights.
DRM Services means the services to be provided to the Library under this Agreement which are more particularly described in Schedule 1 and in the Confirmation Email.
eBook means a book or other work (including, but not limited to, audio files and video files) in digital form.
ePlatform means Wheelers’ system for managing the distribution of eBooks, including DRM technology and other systems and processes.
Fees means any amounts payable by the Library to Wheelers for provision of the Services as set out in the Confirmation Email and/or as agreed between the Library and Wheelers from time to time and/or as reviewed from time to time in accordance with clause 4.5. The current schedule of Fees is displayed on Wheelers’ website.
Library Website means the website operated by the Library, including the Library’s online catalogue, which links to the Portal.
Loan means providing a Member with access to an eBook which forms part of the DRM Content for a limited period of time (such period not exceeding 60 days).
Member means any person who the Library advises Wheelers (in the manner set out in clause 6.1) is a current member of the Library.
Misappropriation means theft, unauthorised access, copying or retransmission, infringement, unauthorised manipulation or any other misappropriation.
Non-DRM Content means eBooks which are available to Members of the Library via the Portal but which do not, in the reasonable opinion of Wheelers, require use of the ePlatform to manage digital rights.
Portal means the website hosted by Wheelers and used by Members of the Library to access the Library’s DRM Content and Non-DRM Content.
Private eBook means any DRM Content which is not a Shared eBook.
Related Services means the services to be provided to the Library under this Agreement which are more particularly described in Schedule 2, together with any other services which the parties may agree in writing Wheelers will provide to the Library.
Services means the DRM Services and the Related Services.
Share means allowing a Member of an Affiliate in the same Consortium access to an eBook on Loan.
Shared eBook means any eBook which an Affiliate has made available to Share.
Territory means the country identified as the territory in the Confirmation Email.
Third Party eBook means an eBook which has been sourced by the Library from a person other than Wheelers.
Wheelers means Wheelers ePlatform Limited together with its successor and assigns.
Wheelers’ eBook means an eBook sourced by the Library from Wheelers.
to the address for the Library set out in the Confirmation Email and to the address for Wheelers specified below. If a written notice of change of address is given then notices shall be sent to such new address:
Wheelers ePlatform Limited
9a Piermark Drive
Rosedale, Auckland
New Zealand
Notwithstanding any other provision contained in this clause any notice given after 5pm, or on a day which is not a Business Day, shall be deemed to be given at 9am on the next Business Day.
DRM Services
Establishment of the Portal
Establishment of the Wheelers eBook lending platform with unique URL for the Library, capable of providing the services and infrastructure for the Library to manage and loan eBooks to Members within a secure DRM environment.
Specifically includes:
Following an eBook purchase by the Library, notification of the unique URL for each eBook title is provided via a Brief Marc Record file (Encoded Level 3).
Support for Setting Up Patron Authentication
Prior to facilitating the Loan, the ePlatform will authenticate and validate that the student/patron is authorised to take Loans of eBooks from the ePlatform. There are several options available to validate their credentials (Patron Authentication) and these are listed on the Patron Authentication page of the ePlatform website
Once validated, they can take Loans of eBooks and download them from the ePlatform. Anyone accessing the ePlatform will need to have a suitable internet connection and a suitable device for reading the eBooks. For further information on this please see FAQs area of the ePlatform website.
Wheelers will provide assistance to the Library in relation to setting up the link between the Library’s management systems and the ePlatform so that Patron Authentication is operational based on one of the several options available (as referred to above).
Hosting and Managing DRM Content and DRM Content Loans
Hosting, storage and lending, with DRM protection of the digital media. The ePlatform ensures a single eBook is on Loan to a single Member at a time and that titles are returned on time (expired). Usage is restricted in that Loaned titles cannot be copied or printed or read beyond the Loan period defined by the Library.
A Fee will be charged per eBook (invoiced at the time of purchase from Wheelers) relating to hosting, storage and lending of that eBook with DRM protection. Current pricing may be viewed on the pricing page of the ePlatform website.
Uploading Library / 3rd party Content
Wheeler's ePlatform allows for hosting and DRM protection of digital content from other sources as long as it meets the following criteria:
Fees for uploading content apply on a per batch basis. Current pricing may be viewed on the ePlatform website.
A Fee will be charged per eBook (invoiced at the time the eBook is loaded) relating to hosting, storage and lending of that eBook with DRM protection. Current pricing may be viewed on the pricing page of the ePlatform website.
Related Services
Uploading Non-DRM Content
The ePlatform is available for hosting Library content not requiring DRM protection. Data supplied by the Library must be in a suitable format and ready for upload.
It is the responsibility of the school / Library to ensure that use of the content on the ePlatform will not violate any obligation that the school / Library owes to any third party or infringe upon the Intellectual Property rights of any person. For example, if the content is subject to copyright then the school / Library will need to obtain express permission from the copyright owner for the content to be uploaded to the ePlatform and used within the school / Library environment.
Fees apply on a per batch basis. Current pricing may be viewed on the ePlatform website.
Hosting Non-DRM Content
The ePlatform is available for hosting Library content not requiring DRM protection.
Currently there is no additional charge for hosting files totaling less than 250MB in size. Hosting for files which are larger than this size will be subject to a Fee to cover Wheelers’ costs (which Fee would be discussed and agreed at the relevant time).
Customisation of the Portal
Further customisation of the Library ePlatform beyond the introduction of the Library logo (or banner for Public Libraries) is optional at an additional cost.
Fees will be quoted by Wheelers based on the degree of customisation requested.
End User Terms for Adobe Content Server (“Software”)
Supplemental Terms for Libraries in the United Kingdom Economic Area
Data means all Personal Data collected, generated or otherwise processed by Wheelers as a result of, or in connection with, the provision of the Services.
Data Subject means an individual who is the subject of Personal Data.
UKEA means the United Kingdom Economic Area.
GDPR means the General Data Protection Regulation (EU 2016/679).
Personal Data has the meaning given to it under GDPR.
Relevant Law means the laws of the United Kingdom Union or the laws of a member state of the United Kingdom Union.
Sub‑Processor has the meaning set out in paragraph 3.1 of this Schedule 4.
Supervisory Authority means any data protection authority with jurisdiction over the processing of the Data.
Data Processing Summary
Nature and Purpose of Processing
Logging in to the Library lending platform (by Data Subjects) is managed (by Wheelers) through a variety of authentication methods including LDAP, SAML SSO, SIP2, OpenID and FTP. In a number of these cases the Library to whom Wheelers is providing Services sends Personal Data to Wheelers to enable this authentication to occur accurately.
Type of Personal Data to be Processed
The Personal Data Wheelers receives on Library patrons may include:
Categories of Data Subject whose Personal Data will be Processed
Data Processing Addendum
This ePlatform Data Processing Addendum and its Annexes (“DPA”) are supplementary to, and forms part of, the parties’ agreement with respect to the Processing of Personal Data by us on behalf of you in connection with ePlatform Services under the ePlatform Online Services Agreement.
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