APP TERMS OF USE

These Terms of Use apply to the use of this App. We may modify and update these Terms of Use at any time, without notice. You need to ensure you review the Terms of Use from time to time. By using this App and our services, you agree to be bound by these Terms of Use as well as any and all general terms and conditions posted on our website from time to time. If you do not accept these Terms of Use, you are not permitted to use this App or related services.

DEFINITIONS

“App” means the Book-Swap software application for mobile phones and tablet computers.

“Advertiser” means an advertiser who has been accepted to place an advertisement or listing on or through the App.

“Content” means anything an end user, subscriber or Advertiser submits to be included on the App, including all material, links, words and images.

“We”, “our” and “us” means Book-Swap, Book-Swap and includes all employees, directors and contractors from time to time.

“You” means each of the end user, subscriber or Advertiser (as relevant).

“EULA” End user license agreement

SUBSCRIPTIONS

You must register and pay your subscription fee in advance in order to access our App premium services. The fee may be automatically renewed unless you or we cancel the subscription in accordance with the below Cancellation terms or you change the in-App settings to prevent and stop the auto-renew function.

SUBSCRIPTION CANCELLATION

You are solely responsible for cancelling your subscription. You may cancel through the App or by notifying us at our contact details provided. Any other type of cancellation will not be considered. If you cancel your subscription during a billing cycle, you must do so at least 7 days prior to the next payment becoming due so that you will not be charged the subsequent fee. On cancellation of your subscription, all of your content, material and links will be deleted.

SUBSCRIPTION TERMINATION

We have the right to terminate your subscription for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the App, with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.

Upon such termination, regardless of the reasons, your right to use the App and related services immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our App. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension. We are not required to provide any refund or part thereof to you for such termination of your subscription.

SUBSCRIPTION REFUNDS

There will be no refunds or credits for fees, partial months of service, upgrade/downgrade refunds or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

GENERAL

By using this App, you authorise us to use, re-use and to grant others the right to use and re-use your Content and any reproduction or similar, in any form of media or technology for any purpose related to the App.

You agree and acknowledge that the App, and any associated website we own, may use third party vendors and hosting partners to provide the necessary software, hardware, service and storage, as well as anything related to running the App.

Unless otherwise specified, the App and associated services are for your personal and own business use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the App, which are not your own intellectual property.

You also agree you will not transmit any viruses, malware, worms, etc. of any kind and that you will not upload, post, host or transmit unsolicited material or messages.

SIGNING UP OR REGISTERING A USER ACCOUNT

To access any of the functionality of the Platform, you must register an Account on the Platform.

You must not register more than one Account on the Platform, including through using multiple email addresses. You may request our permission to hold more than one Account, and we may in our discretion grant or deny such permission.

By registering an Account, you represent and warrant that you are a legitimate User and you are over the age of 18 years or have your parent or guardian’s informed consent to use the software and enter into EULA, as a binding contract.

When registering an Account (and using your Account) you will be asked to provide us with personal information (and potentially sensitive information) which we will deal with in the manner described under privacy policy.

You must provide true, accurate, current and complete information about yourself, as prompted by the App.

You are responsible for ensuring the security of your Account, including by safeguarding passwords and devices. You are responsible for the actions of any person who you allow, by act or omission, to access your Account. You must notify us using the contact us link at the bottom of this page in the footer, if you suspect unauthorised use of your Account. Until you notify us, you remain responsible for such unauthorised use

We reserve the right to deactivate or modify your Account for any reason we in our absolute discretion deem necessary.

LISTING OR ACCEPTING TO SWAP A BOOK

Any User may post a Listing at any time, through the functionality in the App.

All Listings must comply with the Posting Policies and Book-Swap reserves the right to not publish or remove at any time any Listing which violates the Posting Policies.

Any User may, in its absolute discretion, engage with any Listing, which is not a commitment to proceed with the offer in the Listing.

You agree to only use the App’s chat functionality to communicate with other users, and to use that functionality in accordance with privacy and posting policy.

You agree to personally post, and respond to inquiries about, Listings. You must not use any automated tools, programs or applications to provide automated responses on your behalf (unless any such tools, programs or applications are provided to you as part of the App).

If two Users agree to the terms of a Listing (as amended by any related communications through the App), they may use the functionality on the App to agree exchange the Books in accordance with the terms of use.

RESPONSIBILITY OF THE CONTENT

The accuracy and completeness of the Content is the sole responsibility of the person providing the Content.

Book-Swap does not control the Content posted via the App and, as such, does not guarantee the accuracy, completeness, lawfulness or usefulness of such Content.

This means that you, and not Book-Swap, are entirely responsible for any actions you take in reliance on Content.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, lawfulness and usefulness of such Content.

PROHIBITED CONTENT

Without limiting or otherwise affecting the Posting Policies, you acknowledge and agree that you must not use the App to, on public or private pages:

upload any Content which is inconsistent or noncompliant with the Posting Policies or any applicable laws;

upload, post or otherwise transmit any Content that is intended to further any political, legal, social or economic agenda which Book-Swap deems, in its discretion, to be inconsistent with the spirit or values of the Posting Policies, its business objectives or the common good of its community of users;

solicit or provide any Goods or services other then books made available for swapping with other user

upload, post, or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

upload, post, or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationship (such as insider, proprietary or confidential information learned or disclosed as part of employment)

upload, post, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including any automated posting software or bots to make automatic communications on the App;

interfere with or disrupt App or servers or networks connected to App, or disobey any requirements, procedures, policies or regulations of networks connected to App;

upload, post or otherwise transmit any Content that infringes any, trademark, copyright or other proprietary rights of any party;

upload, post or otherwise transmit any unsolicited or unauthorised promotional materials, junk mail, spam, chain letters, pyramid schemes;

publish, republish, transmit, display, or otherwise make available any content from the Website (whether online or otherwise); or

intentionally or unintentionally violate any applicable law or regulation

You acknowledge that Book-Swap does not pre-screen Content, but that Book-Swap will have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via App.

MODIFICATION OR TERMINATION OF APP

We reserve the right at any time and from time to time to modify or discontinue the App, either temporarily or permanently, with or without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the App.

From time to time we may issue an update to the App which may add, modify and/or remove features from the App. These updates may be pushed out automatically with little or no notice. If there is a material change to the permissions required to run the App, we will seek your agreement to the permissions and at such time you may choose to accept or not.

ISSUES WITH THE APP

If you encounter any issues with the App, please contact us through the functionality at the bottom of this page. We will endeavour to resolve your issue within 10 weekdays.

If we are unable to resolve your issue, your rights and our liability is limited in accordance with clauses as per the Terms of use.

DISPUTES WITH OTHER USERS

Any issues or disputes about a Listing or Exchange, (Disputing Users).

To the maximum extent permitted at law, any issues or disputes about Listings or Exchanges, are not an issue or dispute with Book-Swap.

The Disputing Users must, in good faith, seek to efficiently and cost effectively resolve the issue in a manner that is objectively fair to both parties in the circumstances.

The Users are encouraged to seek independent legal advice (at their own cost) if the issue is significant or otherwise is not progressing towards independent resolution.

All Users agree to refrain from initiating formal legal proceedings until any issue that cannot be resolved day to day has been discussed at mediation and the parties have made a genuine effort at resolving the issue in good faith.

LIABILITY

Your use of the App and any of our services is at your sole risk. The App and services are provided on an ‘as is’ and ‘as available’ basis. We make no warranty that the App services will meet your requirements or be available on an uninterrupted, secure or error-free basis.

By using this App or our services, you agree that we are not liable for any inaccuracy, error or failure of the software. In addition, we are not liable for any loss or damage arising from any download or your use of this App, including any viruses, system failure, consequential, indirect, incidental, special or direct loss or damage to your systems.

In all cases, our liability is limited to the amount paid by you to us in the last six (6) months for any service.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

INTELLECTUAL PROPERTY

All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks and belong to us.

All other trademarks or service marks within this App are the property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or our name or that of any other owner.

You are solely responsible for obtaining permission before reusing any copyrighted material that is available on our site and App. Any unauthorised use of the materials appearing on our site and App may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

APP LICENCE AND INTELLECTUAL PROPERTY RESTRICTIONS

While ever you continue to meet your obligations under the EULA, we grant to you a non-exclusive, non-transferable, royalty-free, revocable licence to use the App for the sole purpose of engaging in legitimate and lawful Exchanges of Books only.

You acknowledge and agree that the App contains Intellectual Property Rights and confidential information that is owned by Book-Swap in accordance with applicable laws and registration bodies, including the underlying source code. Nothing in the EULA transfers any Intellectual Property Rights in the App to you. Any use of the App by you in breach of the Licence will be a breach of our Intellectual Property Rights for which you will be liable to us in damages and consequential damages.

You must not:

(a)  copy, scrape or data-mine the whole or any part of the App, including any screen or data scraping or other methods of taking any content from the App or any API;

(b) manipulate or take advantage of any vulnerability in the App for your own commercial gain or any other purpose;

(c) modify, merge, integrate or combine the whole or any part of the App or system with any other software, program or application;

(d) attempt to assign, transfer, distribute, sell, lease, rent, sub-license, charge or otherwise deal in or encumber the App;

(e) adapt, translate, reverse engineer, decompile or disassemble the whole or any part of the App; or

(f) use any automated tools, hacks, scripts, programs or applications that are designed to access any data, modify or interfere with the functioning of the App, or interact with communications from the App, for any purpose.

GOVERNING LAW

These Terms of Use are governed by the laws of QLD which are in force from time to time and both you and we agree to submit to the jurisdiction of the Courts of QLD for determining any dispute concerning these Terms of Use.

REPORTING MISUSE AND OUR RIGHT TO REVOKE YOUR ACCOUNT

If you have any reason to suspect any other User is using the App in breach of any part of the EULA, we ask that you notify Book-Swap at the relevant link under footer as soon as you become aware of the breach or misuse, and provide us with as much information as possible.

If Book-Swap knows or reasonably suspects that you are or may be in breach of any clause of the EULA – including any part of the Posting Policies - Book-Swap may, in its absolute discretion and without explanation, right of appeal or liability to you, do any or all of the following:

(a)  immediately terminate your Account;

(b)  prohibit you from further use of the App for any period deemed appropriate in Book-Swap’s absolute discretion including forever; or

(c) report the breach (along with applicable evidence) to any relevant law enforcement authority, if applicable to the nature of the breach.

You acknowledge Book-Swap may, if required or otherwise in its discretion, cooperate in any proceedings relating to your misuse of the App or breach of EULA, including where Users are in dispute in accordance with Book-Swap terms of use. Book-Swap may decline to provide any information or data in accordance with its Privacy Policy.

APP DISCLAIMER

Use of this App is at your own risk and Book-Swap is not liable for any loss, damage or disclosure of any personal information that may result from its use. The App accesses the minimum permissions required to enable the App to function and these permissions are detailed when a version of the App is installed. Software bugs will be fixed on a best endeavours basis and can be reported via the App stores or via our website.