3 Step World Pty Ltd (ACN 626 795 015) trading as Books Connect and its Related Bodies Corporate (as defined by the provisions of the Corporations Act 2001 (Cth) (Books Connect) thanks you for using the Books Connect App (App) and related web and mobile applications, software (the Services).
1. Information and services on the App
The information contained on the App is liable to change and although Books Connect makes every effort to keep material on the App up to date, there may be delays, errors or omissions. Books Connect does not represent or warrant the suitability, completeness, accuracy or currency of any information contained on the App nor that any services will be uninterrupted, timely, secure or error-free. Books Connect is not responsible for any error or omission on the App and reserves the right to make changes without notice.
2. Your use of this App
You agree to use the App only in a manner permitted by these Terms, and applicable law or regulation. In using the App, you must not:
- reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the App’s source code, formulas or processes;
- interfere with (or attempt to interfere) or disrupt (or attempt to disrupt) the App or the servers or networks that host the App;
- use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the App;
- interfere with the security or safe use of the App by others, including by way of distributing viruses, corrupted files or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the App or its users; or
- do anything else which may interfere with or negatively affect the operation of the App
As a condition of your use of the App, you warrant that all information you may supply to us is true, accurate, current and complete.
The App may contain links to other websites or apps operated by third parties (Third-Party Services). Books Connect does not endorse, sponsor, approve or accept any responsibility or liability for any such third party content or any content available on any Third-Party Services. In particular, and to the maximum extent permitted by law, Books Connect makes no warranties or representations:
- regarding the quality, accuracy, merchantability or fitness for purpose of any material on or linked to from, or products or services available through, Third Party Services; or
- that any material on or linked to from Third-Party Services does not infringe the intellectual property rights of any corporation, organisation or person. Books Connect is not authorising the reproduction of any material on or linked to from Third Party Services by linking material on the App to Third Party Material.
- the transmission of information over the internet may not be secure or free of errors;
- emails to and from us may undergo email filtering and virus scanning, including by third party contractors which may not be effective in removing viruses or other potentially harmful code;
- your use of the App (and obtaining and transmitting data to it) is at your own risk, that it is provided on an ‘as is’ basis and that Books Connect does not make any representations or warranties as to the security, availability of the App or that your access or use will be uninterrupted, timely or secure; and
- you are accountable for maintaining and preserving the confidentiality of your account information, the personal information you provide to Books Connect, the strength level of your password, protecting your digital currency by using a digital wallet and any other activities you undertake when using our services.
Books Connect does not guarantee that the App or Third Party Services will be free from viruses, or that access to the App or Third Party Services will be uninterrupted.
If you use our App, we may utilise “cookies” which enable us to monitor traffic patterns, trends and to serve you more efficiently if you revisit our App. In most cases a cookie does not identify you personally but may identify you internet service provider or computer.
We may gather your IP address as part of our business activities and to assist with any operational difficulties or support issues with our services. This information does not identify you personally. However, in some cases cookies may enable us to aggregate certain information with other personal information we collect and hold about you.
By using our App, you agree to us placing these sorts of cookies on your device and accessing them when you visit the App in the future. You can modify the settings on your device to prevent cookie use. Please note by disabling cookies, you user experience may be affected and you might not be able to take advantage of certain functions of our App.
We do not provide your personal information to third parties for their marketing purposes without your explicit consent.
The Privacy Act 1998 (Cth) requires us to take such steps as are reasonable in the circumstances to ensure that any recipients of personal information outside of Australia do not breach the privacy principles contained within Privacy Act.
Books Connect provides the App and the Services on an “as-is” basis. Books Connect makes no representations or warranties of any kind, express or implied, including without limitation those related to:
- the operation of the App;
- the information, content, materials, or services included or described therein;
- any application or information submitted to us through the App; and
- availability of the App.
To the fullest extent permitted by applicable law, Books Connect disclaims all warranties, express or implied (including but not limited to implied warranties of merchantability and fitness for a particular purpose), regarding the App, including without limitation warranties related to the operation of the App, the information, content, materials, and services described therein, and any information or applications submitted through the App. Without limiting the foregoing, Books Connect does not warrant that the App or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that the App is free of viruses or other harmful components. Books Connect does not warrant or make any representations regarding the use of the materials on the App or the services described therein.
You agree that:
- the App will not be available at all times and without disruption;
- access to the App may be occasionally limited due to scheduled maintenance;
- access to the App is reliant upon various factors outside our control, including without limitation force majeure events, your internet service provider, telecommunications provider or equipment used to access the App;
- although we will use reasonable endeavours to ensure you have continuous access to the App, we are not liable to you or any other persons for any claim or to any other extent for loss or damage caused by such factors; and
- you will have no claim against us in respect of loss of access or functionality to the App as referred to here.
We may suspend (in part or whole), and without prior notice to you, your access to the App for any reason whatsoever, including without limitation, if:
- there is a malfunction, fault or breakdown of any equipment we use, or any repairs, maintenance or services are required;
- we are required to do so by law;
- a force majeure event occurs, which affects or may affect our ability to provide the App and any related services;
- if someone claims that our App infringes their Intellectual Property Rights;
- if someone makes a claim that exposes us to liability; or
- if we determine or suspect that you have breached this agreement
4. App Content
The information, materials and services in the App is provided as general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements.
You release Books Connect to the fullest extent permitted by law from any and all claims arising out of or related to the use of material or information made available through the App. You should independently satisfy yourself as to the accuracy of all information provided through the App.
Neither Books Connect nor any third party will be liable for any errors in content, or for any actions you take in reliance on them.
5. Liability and complying with laws
You must comply with all laws in relation to your access or use of material on the App, including laws of the country in which you reside or from which you access the App.
To the maximum extent permitted by law:
- Books Connect excludes all liability of any kind, including in respect of any loss of data, interruption of business or any indirect or consequential loss, loss of profits, loss of opportunity or incidental damages, which may arise out of or in connection with your use of the App;
- Books Connect excludes all warranties and representations (express and implied) which may arise out of or in connection with your use of the App or the use of or reliance on information relating to the App; and
- Books Connect will not be liable not liable for any virus, malware, trojan or similar malicious software program or code infecting your software or hardware as a result of your use of the App or your interactions with third parties on the App.
To the extent any legislation prohibits the exclusion of any implied warranties, you agree that Books Connect’s liability in respect of any claim is limited (at Books Connect’s option) to:
- in the case of the services:
- the supply of the services again; or
- the payment of the costs of having the services supplied again; or
- in the case of any goods (including any downloadable apps):
- the resupply of the goods; or
- the payment of the costs of having the goods resupplied.
6. Intellectual Property Rights
You acknowledge that:
- any trade marks or logos which appear on the App are owned by or licensed to Books Connect or its related bodies corporate, and you must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.
You grant to us a perpetual, worldwide, royalty-free, transferable, licensable and sub-licensable, irrevocable right to use, copy, modify, distribute, publish and process any content that you post in using the App.
You give us your complete and genuine consent to our use of all or any portion of any content that you post in use of the App, even if such use by us would otherwise be an infringement of your moral rights (as that term is defined in the Copyright Act 1968 (Cth)).
Unless we agree otherwise in writing, you are provided with access to this App only for your personal use. You are authorised to print a copy of any information contained on this App for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from the App.
These Terms and Conditions of Service (Service Terms) are current on and from FEBRUARY 2019 and govern the use by you of 3 Step World Pty Ltd’s ACN 626 795 015 trading as Books Connect (Books Connect, us, our, we) Books Connect App (App) and related web and mobile applications, software and Materials as provided to you (collectively, the Services).
- Acceptance of terms
- Use of App
As a condition of your use of our App, you warrant that:
- you are at least 13 years of age, or the minimum legal age in your country to use Books Connect;
- you must not link to our App or any part of our App in a way that damages or takes advantage of our reputation, including but not limited to in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us that you do not have.
- Rental Procedure
The App provides a platform for peer-to-peer book renting (Rental) between book owners (Owners) and users wishing to rent or borrow a book (Renters). The terms in this clause govern the lending procedure between Owners and Renters.
- Selection & Drop off
- Owners may publish on the App which of their books are available for rent.
- Renters may browse the collection of books available for renting on the App from Owners. When the Renter has selected the book they wish to rent, they must indicate on the App:
- the desired Rental Period; and
- the Location.
- Once the Renter has selected a book for rent and has paid the Rental Rate and Deposit, Owners will receive a Notification informing them of:
- the Rental Period;
- the Location; and
- the opening times of the Location,
- If the book is not available for the requested Rental Period or at the Location, the Owner may adjust the Rental Period and/or the Location as required. Where this occurs, the Renter will receive a Notification of the adjustment. The Renter may accept or reject the adjustment. If the Renter rejects the adjustment, the Rental will be unsuccessful.
- On receiving a Rental Notification, the Renter must complete the Condition Questions.
- After answering the Condition Questions, the Owner must deliver the book to the Location and Check In the day before the start of the Rental Period. When the book has been delivered to the Location:
- a Notification will be sent to the Owner confirming that the book is ready to be collected by the Renter; and
- a Notification will be sent to the Renter indicating that the book is ready to be collected from the Location.
- When the Renter collects the book, they must Check In and answer the Condition Questions.
- If the answers to the Condition Questions are inconsistent between the Owner and the Renter, then:
- the Owner will receive a Notification informing them of the Renter’s answers to the Condition Questions; and
- the Renter will receive a push notification requiring them to take Condition Photos. The Condition Photos will be sent to the Owner.
- If the answers to the Condition Questions are consistent between the Owner and the Renter, or the Owner agrees with the Condition Photos, then:
- the Renter will receive a Notification that the Rental was successful; and
- the Owner will receive a Notification that the book has been collected.
- If the answers to the Condition Questions are inconsistent between the Owner and the Renter, and the Owner rejects the Condition Photos, the Rental will be unsuccessful.
- If the Renter fails to collect the book at the start of the Rental Period, then Books Connect will begin to charge the Storage Fee. The Storage Fee will be charged per day for up to 7 days, during which time the Renter may still collect the book. If the book remains uncollected on the seventh day, the Rental will be cancelled and the Owner will receive a Notification to collect the book.
- Returns & Extensions
- The Renter will receive a Notification indicating when the book is due to be returned (Return Reminder), 2 days before the end of the Rental Period and 1 day before the end of the Rental Period.
- On receiving the Return Reminder, the Renter may opt to Extend the Rental Period within 24 hours by selecting the applicable option in the Return Reminder.
- If the Renter Extends the Rental Period, the Owner will receive a Notification requiring them to accept or reject the Extension. In the event that:
- the Owner accepts the Extension, Notifications will be sent to the Owner and Renter confirming the Extension; or
- the Owner rejects the Extension, the Renter will receive a Notification to return the book at the end of the Rental Period.
- When the Renter returns the book, the Owner will receive a Notification requiring them to collect the book.
- On collecting the book, the Owner must answer the Condition Questions. In the event that the Owner’s answers to the Condition Questions are consistent with their answers to the Condition Questions at the beginning of the Rental Period (such that the book is in the Same Condition), the Rental will be complete.
- If the book is not in the Same Condition, the Owner will receive a push notification requesting them to take Condition Photos. The Condition Photos will be sent to Books Connect administrators for verification. In the event that the book returned is not in the Same Condition and has been damaged, the Renter will forfeit their Deposit to the Owner as compensation for the damage caused (refer to clause 6(b) below).
- Once the book has been collected by the Owner, the Renter and Owner will receive a Notification informing them that the Rental is complete.
- In the event that the Renter returns a book late, a penalty of $AUD 5.00 per day or 200% of the daily charge per day, whichever is higher, will be charged to the Renter (Late Fee). The Late Fee will be charged per day for up to 14 days. If the book remains unreturned on the 14th day, the Renter forfeits their Deposit and will be banned from using the App.
- Purchase Procedure
Users of the App may alternatively choose to purchase available books on the App (Purchase). The terms in this clause govern the purchasing procedure between Owners and users wishing to buy books (Buyers).
- Owners may publish on the App which of their books are available for purchase.
- Buyers may browse the collection of books available for purchase on the App from Owners. When the Buyer has selected the book they wish to buy, they must indicate the Location.
- Once the Buyer has selected a book for purchase and has paid the Purchase Price, Owners will receive a Notification informing them of:
- when the Buyer will collect the book;
- the Location; and
- the opening times of the Location,
- After receiving a Purchase Notification, the Owner must deliver the book to the Location and Check In the day before the Buyer will collect the book. When the book has been delivered to the Location:
- a Notification will be sent to the Owner confirming that the book is ready to be collected by the Buyer; and
- a Notification will be sent to the Buyer indicating that the book is ready to be collected from the Location.
- When the Buyer collects the book, they must Check In.
- On Check In, the Owner will receive a Notification that the book has been collected by the buyer.
- In the event that the Buyer does not collect the book on the date specified in clause 3.1(c)(1), then Books Connect will begin to charge the Storage Fee. The Storage Fee will be charged per day for up to 7 days during which time the Buyer may still collect the book. If the book remains uncollected on the fifth day, a Notification will be sent to the Buyer reminding them to collect the book. If the Buyer fails to respond to the Notification by the seventh day, the Purchase will be cancelled and the Owner will receive a Notification requesting that they collect the book from the Location.
- Title and risk
- Title in the book remains with the Owner at all times during the Rental Period.
- Risk in the book shall pass to the Renter on Check In when the Renter collects the book at the Location. Risk remains with the Renter for the duration of the Rental Period.
- If the Renter is delayed in collecting the book, risk shall pass on the date when collection should have occurred.
- If the Renter is delayed in returning the book, risk shall remain with the Renter until the book is returned.
- Renters agree to take all reasonable care using the book during the Rental Period so as to not damage it.
- From the time risk passes to the Renter, neither Books Connect nor the Owner will be liable for any loss, destruction or damage of the book.
- Title and risk in the book passes to the Purchaser on Check In when the Purchaser collects the book.
- If the Purchaser is delayed in collecting the book, risk shall pass to the Purchaser on the date when collection should have occurred.
- From the time risk passes to the Purchaser, neither Books Connect nor the Owner will be liable for any loss, destruction or damage of the book.
- New Applications and services
Books Connect may from time to time:
- make new applications, tools, features or functionality available through the Services; and
- add new services, the use of which may be contingent upon your agreement to the additional terms.
- Changes to the Services and Terms
Books Connect may from time to time:
- make commercially reasonable updates to Services. If we make a material change to the Services, we will inform you, provided that you have subscribed with Books Connect to be informed of such change; and
- make changes to these Service Terms, and any linked documents. Books Connect will provide at least five (5) days’ advance notice for materially adverse changes to any Service Terms either:
- via email to the details recorded in connection with your account with us; or
- via communications posted to the Website.
- Security of account details
- Account Details
You acknowledge and agree that it is your responsibility to keep your account information in connection with the Services secure and confidential. You acknowledge and agree that you are solely responsible for all activity conducted under your account.
If you ever discover or suspect that someone has accessed your account without your authorisation, you must inform us immediately in writing so that we may address any security concerns. You agree that, in addressing any actual or potential security threats, we may revoke, amend and reissue your account credentials (or any one of them).
- App Availability
We may suspend (in part or whole), and without prior notice to you, your access to the App. This may arise if:
- there is a malfunction, fault or breakdown of any equipment we use, or any repairs, maintenance or services are required;
- we are required to do so by law;
- an event of Exceptional Circumstance occurs, which affects or may affect our ability to provide the App and any related services;
- someone claims that our App infringes their Intellectual Property Rights; or
- Fraud or unlawful activity
If we detect, or reasonably suspect, that fraudulent or unlawful activity is occurring via your use of the App, then we may take any of the following actions as we determine are reasonable:
- suspend your access;
- notify any affected persons or third parties; and
- take any legal action we deem necessary and you may be Liable for any Loss we incur, including litigation costs and damages.
If you wish to contest the suspension of your access to our App, please contact us.
You agree that:
- access to the App is reliant upon various factors outside our control, including, without limitation, events of Exceptional Circumstance, your internet service provider, telecommunications provider or equipment used to access the App; and
- you will have no Claim against us in respect of loss of access or functionality to the App referred to in this clause 4.
- Specific obligations
You must not, in connection with your use of the App:
- use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on the App; or
- interfere (or attempt to interfere) with security-related or other features of the App.
You agree to indemnify us from all Claims, Liabilities and expenses (including legal fees) that arise from:
- your breach of these Terms of Service;
- your infringement or alleged infringement of a third party’s Intellectual Property Rights;
- your use of the App; or
- your violation of any applicable laws, rules or regulations.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
- Payments made on App
- All payments may be made using a credit or debit card or bank account on the App through PayPal. Any fees charged by the PayPal gateway will be borne by the User on payment.
- Once a payment has been placed on the App, you will receive a Notification confirming receipt of your payment. We will then carry out a standard pre-authorisation check to ensure there is enough money on your card.
- Your payment will only proceed if there is enough money on your card, payment has been approved, and we have debited your payment card.
- Your payment is subject to the book being available and confirmation of the price.
- Books Connect is entitled to Commission on the total cost of all Rental and Purchase transactions made.
- Owners accept that any payments due to them for Rental or Purchase transactions will be paid from Books Connect less the Commission.
- Owners accept that Books Connect may increase the Commission rate at any time. Where this occurs, Books Connect will send Owners a Notification at least [14 days] before the increase in Commission is implemented.
- Rental Fee
- Each Rental will be subject to the Renter paying the Owner the Rental Fee and the Deposit.
- Renters will be required to pay the Rental Fee and Deposit when they select the book they wish to rent on the App.
- The Rental Fee and Deposit will be held by Books Connect in escrow for the duration of the Rental Period.
- Books Connect will release the Rental Fee to the Owner, less the Commission, and the Deposit to the Renter when the book is collected by the Owner at the end of the Rental Period in the Same Condition.
- Books Connect bears no responsibility for any book that becomes unavailable for collection prior to the Rental Period. Payments made by Borrowers for books which become unavailable for collection will be refunded by Books Connect.
- Extension Payment
- If the Renter Extends the Rental Period, the Renter must pay the Extension Payment.
- The Extension Payment will be held by Books Connect in escrow for the duration of the Extension.
- When the book is collected by the Owner at the end of the Extension in the Same Condition, Books Connect will release the Rental Fee and Extension Payment to the Owner and return the Deposit back to the Renter.
- Late Fee
- Where a Late Fee is charged, 50% of the total Late Fee charged will be retained by Books Connect and the remaining 50% of the total Late Fee charged will be released to the Owner.
- The Renter forfeits the whole of the Deposit to the Owner if the book is not returned at the end of the Rental Period or Extension Period, as the case may be, and remains unreturned for 14 days.
- The Renter forfeits part of the Deposit to the Owner if the book is not returned in the Same Condition. The part of the Deposit sacrificed will be proportionate to the extent of any damage done to the book as determined by Books Connect.
- Where the Renter forfeits part or all of the Deposit, Books Connect will charge a processing fee equal to 5% of the Owner’s listed Deposit amount (Processing Fee). The Processing Fee will be deducted from the escrowed Deposit amount.
- Owners accept that any Deposit amounts due to them will be paid from Books Connect less the Processing Fee.
- Purchase Payment
- Each Purchase will be subject to the Buyer paying the Owner the Purchase Price.
- Buyers will be required to pay the Purchase Price when they select the book they wish to buy on the App.
- The Purchase Price will be held by Books Connect in escrow until the Buyer collects the book from the Location.
- When the book is collected by the Buyer, Books Connect will release the Purchase Payment to the Owner, less the Commission.
- Users will not be entitled to any refunds for any Rental or Purchase transaction unless the condition of the book is not as described on collection.
- Books Connect will not accept any “change of mind” refunds or returns for any transaction.
The Rewards Program is automatically activated for Users as soon as they have signed up to the App and have successfully completed transactions or uploaded books to the App.
- Intellectual Property rights
- Ownership of App and our trade marks
- All Intellectual Property Rights in the App (including text, graphics, logos, icons, sound recordings and software) are owned by (or licensed to) us.
- Our App is protected under the Copyright Act 1968 (Cth) and international copyright and other laws governing the protection of Intellectual Property Rights. You must not in any form or by any means (except as expressly authorised by the Copyright Act 1968 (Cth) or these terms and conditions):
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any works or other subject matter or any part of this App generally; or
- commercialise any works or other subject matter, information, products or services obtained from any part of this App, without our written permission.
- All brand, product and service names used in this App are the trade marks of us, or third parties who have licensed us to use their trade marks. You are not allowed to use or reproduce any such trade marks, and you may only use such trade marks for accessing, viewing and/or interacting with this App.
- Licence to App
- Unless we agree otherwise in writing, you are provided with access to this App only for your personal use via a mobile device.
- To use the App you must have a mobile device that is compatible with an iOS or Android operating system.
- We hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the App for yourself on one mobile device owned or leased solely by you, for your personal use. We do not permit you to:
- modify, disassemble, decompile or reverse engineer the App;
- rent, lease, loan, resell, sublicense, distribute or otherwise transfer the App; or
- make copies, remove, circumvent, disable, damage or otherwise interfere with the App.
- Books Connect Warranties
The Services are provided to you on an “as-is” and “as-available” basis. We make no warranty, and are under no obligation to ensure that, the Services are:
- available for use at any given time;
- compatible with any third party software; or
- uninterrupted, timely, secure, free from defects or error-free.
Except as otherwise expressly included in separate terms of service, we are not obligated to provide any technical or other support for the provision of the Services.
- Your warranties
You warrant to us that:
- you have fully read and understand these Terms of Service;
- you have full power and authority to enter into these Service Terms on your own behalf and on behalf of those you represent;
- all information that you provide to us whether directly or via the Website is true, accurate and complete;
- you will not allow any unauthorised access to the Services (via your account or otherwise) and you will notify us immediately upon becoming aware of any unauthorised access or use; and
- you will comply with all applicable laws, standards or regulations in connection with your access to, or use of, the Services (or access to, or use of, the Services by anyone you authorise).
- Suspension and termination
You agree that we may suspend or cancel your contract for the Services or any other access to the Services by you, or terminate these Service Terms, if:
- you breach any of these Service Terms or otherwise misuse your account associated with the Services;
- an actual, potential or threatened security breach is experienced in respect of your account;
- an event of Exceptional Circumstance occurs; or
- your account becomes the subject of an internal investigation by us, for whatever reason.
You acknowledge and agree that we are not Liable for any Loss suffered by you or any third party as a direct or indirect result of our exercising our rights pursuant to this clause 9.
You consent, acknowledge and agree that:
- any Personal Information disclosed to us via the use of the Services may be disclosed to our third party service providers or contractors, and/or stored on infrastructure used by us outside of Australia;
- by continuing to use the Services, you expressly agree and consent to the disclosure of any of your Personal Information collected by us outside of Australia in the manner described above.
In providing the above consent, you understand and acknowledge that countries outside of Australia do not always have the same privacy protection obligations as Australia in relation to Personal Information.
By providing your consent, Australian Privacy Principle 8.2 under the Privacy Act does not apply to disclosures referred to above.
- Disclaimers and our Limitation of Liability
- You acknowledge and agree that, despite all reasonable precautions on our part, we exclude all Liability to you or anyone else for Loss or damage of any kind (however caused or arising) relating in any way to the Services provided to you.
- Exclusion of Liability
- To the extent permitted by law, in no event will we be Liable to you for Loss, even if we have been made aware of the possibility of such Consequential Loss prior to entering into these Service Terms.
- You agree that we are not Liable for any Losses suffered by you as a result of any delays in our provision of the Services due to an event of Exceptional Circumstance, and any such delay does not constitute a breach by us of these Service Terms.
- You agree that, upon successful delivery to you of the Services under these Service Terms, you release us from any responsibility or Liability in relation to said Services.
We are not Liable for any virus, malware, Trojan or similar malicious software program or code infecting your software of hardware as a result of your use of the Services.
To the extent any legislation prohibits the exclusion of any implied warranties, you agree that our Liability in respect of any Claim is limited (at our option) to:
- in the case of Services:
- the supply of the Services again; or
- the payment of the costs of having the Services supplied again; or
- in the case of goods (including any downloadable software and Materials):
- the resupply of those goods; or
- the payment of the costs of having those goods resupplied.
- Third Party Websites
- The Services may contain links to other third party websites as well as content added by people other than us. We do not endorse, sponsor, approve or accept any responsibility or Liability for any such third party content or any content available on any linked website, nor do we make any representation as to the accuracy or availability of this content.
- Governing law and Jurisdiction
- These Service Terms are governed by and construed in accordance with the laws of Western Australia, Australia.
- Each party to these Service Terms irrevocably submits to the non-exclusive jurisdiction of the courts of Western Australia
- You can give us notice under this agreement by email at email@example.com
- We can give you notice under these Terms by emailing you at the address you provide in your Account or via communications posted to the Website.
- You agree to keep your contact information up-to-date, and understand that we will have no way of notifying you if your contact information is not current.
- You must not assign, transfer or novate all or any part of its rights or obligations under or relating to this agreement or grant, declare, create or dispose of any right or interest in it, without the prior written consent of each other party.
- Books Connect may assign, transfer or novate all or any part of its rights or obligations under or relating to these Terms in its sole discretion and without prior notice to you.
If a provision of these Service Terms is illegal, invalid, unenforceable or void in a jurisdiction it is severed for that jurisdiction and the remainder of these Service Terms has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.
An amendment or variation to these Terms is effective from the date it is published on the Website.
- A party’s waiver of a right under or relating to this agreement, whether prospectively or retrospectively, is not effective unless it is in writing and signed by that party.
- No other act, omission or delay by a party will constitute a waiver of a right.
If we are obliged under the GST Law to pay an amount of GST for a taxable supply made by us to you under these Service Terms, you must pay to us (in addition to any other fees for the Services) an amount equal to the GST payable on the supply by us.
- Definitions and interpretation
In these Service Terms:
Buyers has the meaning given to that term in clause 3.
Check In means clicking the “Check In” button on the App for the purposes of proceeding the Rental transaction
Claim or Claims means, in relation to a person, any action, allegation, claim, demand, judgment, Liability, proceeding, remedy, right of action or right of set-off made against the person concerned however it arises whether:
- it is present, unascertained, immediate, future or contingent;
- it is based in contract, tort, statute or otherwise; or
- it involves a third party or a party to these Service Terms.
Commission means a rate of 10% per Rental transaction or Purchase transaction payment, as the context requires,
Condition Photos means photo evidence documenting the condition of the book.
Condition Questions means the questionnaire to be completed regarding the condition of the book.
Consequential Loss means any of the following:
- loss of revenue;
- loss of profits;
- loss of opportunity to make profits;
- loss of business;
- loss of business opportunity;
- loss of use or amenity, or loss of anticipated savings;
- special, exemplary or punitive damages; and
- any loss which does not directly and naturally flow in the normal course of events from the occurrence of the event giving rise to the Liability for such loss, whether or not such loss was in the contemplation of the parties at the time of entry into these Terms,
including any of the above types of loss arising from an interruption to a business or activity.
Corporations Act means the Corporations Act 2001 (Cth).
Deposit means the deposit amount required as advertised by Owners on the App.
Exceptional Circumstance means a circumstance beyond the reasonable control of us which results in us being unable to observe or perform on time an obligation under these Terms. Such circumstances include:
- adverse changes in government regulations;
- any disaster or act of God, lightning strikes, atmospheric disturbances, earthquakes, floods, storms, explosions, fires and any natural disaster;
- acts of war, acts of public enemies, terrorism, riots, civil commotion, malicious damage, sabotage and revolution, cyber attacks, viruses or malware, data loss as a result of the actions of a third party;
- strikes or industrial disputes;
- materials or labour shortage; and
- acts or omissions of any third party network providers (such as internet, telephony or power provider).
Extend or Extension means extending the Rental Period by a default period of 2 weeks, as the context requires.
Extension Payment means the monies required to be paid by the Renter to the Owner in consideration for the Extension.
Extension Rate means 1.2 times the Rental Rate.
GST has the meaning given to that term in the GST Law.
GST Law means the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Intellectual Property Rights means all current and future registered and unregistered rights in respect of copyright, circuit layouts, designs, trade marks, know-how, confidential information, patents, inventions, plant breeder’s rights and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967.
Late Fee has the meaning given to that term in clause 2.3(h).
Liability means any liability, debt or obligation, whether actual, contingent or prospective, present or future, qualified or unqualified or incurred jointly or severally with any other person. Liable and Liabilities has a corresponding meaning.
Location means the location for collecting or dropping off the book, as the context requires.
Loss means any loss (including Consequential Loss), claims, actions, liabilities, damages, expenses, diminution in value or deficiency of any kind whether direct, indirect, consequential or otherwise.
Materials means property, information, software, firmware, documented methodology or process, documentation or other material in whatever form, including any reports, specifications, business rules or requirements, user manuals, user guides, operations manuals, training materials and instructions, and the subject matter of any category of Intellectual Property Rights.
Notification means an email and push notification via the App.
Owners has the meaning given to that term in clause 2.
Personal Information has the meaning given to that term in the Privacy Act.
Privacy Act means the Privacy Act 1988 (Cth).
Processing Fee has the meaning given to that term in clause 8.5(c).
Purchase has the meaning given to that term in clause 3.
Purchase Notification has the meaning given to that term in clause 3.
Purchase Price means the monies required to be paid by the Buyer to the Owner in consideration for purchasing the book.
Related Body Corporate includes any corporation that is deemed to be related to a person by virtue of the provisions of the Corporations Act.
Related Entity means a person which is a related entity within the meaning of that term in section 9 of the Corporations Act.
Rental has the meaning given to that term in clause 2.
Rental Notification has the meaning given to that term in clause 2.1(c).
Rental Fee means the daily fee as determined by the Owner paid by the Renter to the Owner in consideration for the Rental.
Rental Period means the period for renting the book.
Rental Rate means the amount charged by Owners to rent a book.
Renters has the meaning given to that term in clause 2
Return Reminder has the meaning given to that term in clause 2.3(a).
Same Condition has the meaning given to it in clause 2.3(e).
Services means the provision of the Books Connect’s book lending App, access to the Website, and Materials provided by Books Connect.
Service Terms means these Terms and Conditions for Services provided by Books Connect, as updated from time to time.
Storage Fee means $AUD 5.00 per day.
Website means www.booksconnect.com.au and all of its subdomains and the other information and services available on the Website.
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