Cookies Policy

1.INTRODUCTION

This Cookies Policy applies between you and us, Bookcycle Pty Ltd ACN 647682022 operating as BookCcyle (“we”, “us”, or “our”).

This Cookies Policy applies when you use our website accessible at www.bookcycle.com.au (“Website”), and describes the types of cookies we use on our Website, how we use them, and how you can control them.

A cookie is a small file that’s stored on your computer or device when you visit a website that uses cookies. We may use several different cookies on our Website, for the purposes of website functionality, performance, advertising, and social media or content cookies. Cookies enhance your experience on our Website, as it allows us to recognise you, remember your details and preferences (for example, your log-in details), and provide us with information on when you’ve visited and how you’ve interacted with our Website.

2.TYPES OF COOKIES WE USE

The below table sets out the type of cookies we may collect on our Website.

Strictly Necessary Cookies	Certain cookies we use are essential for the proper functioning of our Website, without which our Website won’t work or certain features won’t be accessible to you. For example, we may need to remember data you’ve inputted from one page to the next in a single session.
Performance Cookies	Performance cookies collect information about your use of the Website to help enhance the services we provide to you. We collect information about how you interact with the Website, including the pages you visit and the frequency of your visits. This information helps us identify patterns of usage on the site, collect analytics data, identify issues you may have had on the Website, make changes to enhance your browsing experience, and analyse if our marketing is effective and relevant to you.
Functional Cookies	We use functional cookies to improve your experience on our Website and make things more convenient for you. These cookies personalise your experience on our Website based on your preferences, by remembering your details such as your login details or region. Security cookies are a type of functional cookie, which assist with website and user account security. Load balancing session cookies are used for the duration of the session to distribute user requests across multiple servers to optimize website speed and capacity. We may also use user interface customization persistent cookies to store a user’s preferred version of our Website, such as font and language preferences.
Advertising cookies	Advertising cookies are used on our Website to provide you with targeted marketing materials in accordance with your interests and preferences. These cookies remember that you visited our Website, and we may provide this information to third-parties. These cookies usually cannot personally identify you, so your anonymity is typically secured. These cookies ensure that advertisements displayed to you are things that may be of interest to you.
Content cookies	Content cookies are placed by many social media plugins (like plugins that allow you to share content on Facebook), and other tools to enhance the content displayed on a website (for example, services that allow the playing of video files). We integrate these plugins into our Website to improve usability and customer experience. Some of these third party services may place cookies that are also used for the purposes of behavioural advertising or market analysis.

3. HOW LONG WILL COOKIES REMAIN ON MY DEVICE?

The amount of time that a cookie remains on your computer or device depends on the type of cookie – cookies are either “persistent” or “session” cookies. Persistent cookies last until they expire or are deleted, so they may remain on your device for as little as 10 minutes to several years. Session cookies last until you stop browsing, so just for the relevant session.

4. HOW DO THIRD PARTIES USE COOKIES ON THE WEBSITE?

We may use third party analytics cookies to collect information about your interaction with our Website. We also may use Google Analytics and other third-party analytics providers to help process data. To find out more, see How Google uses data when you use our partners’ sites or apps.

5. HOW DO I CONTROL COOKIES?

• Usually, you can control and manage cookies through your browser. You can control whether or not your browser accepts cookies, how to filter and manage cookies, and how to delete cookies at the end of a session.
• If you remove or block cookies, this may negatively impact your experience of our Website and you may not be able to access all parts of our Website.
• Many third party advertising services allow you to opt out of their tracking systems, by giving you the opportunity to opt out by way of a pop-up before downloading cookies to your device

6. UPDATES TO THIS POLICY

We may update this Cookies Policy from time to time. When we make changes, we’ll update the “Last updated” date at the top of the Cookies Policy and post it on our sites. We encourage you to check back periodically to review this Cookies Policy to ensure that you are aware of our current Cookies Policy.

WEBSITE TERMS

By using this website you agree to be bound by the terms and conditions set out on this webpage. If you do not accept these terms and conditions, you must refrain from using this website.

This website is owned and operated by Bookcycle Pty Ltd ACN 647682022 (referred to in these terms and conditions as ‘we’, ‘us’, or ‘our’)

1. INTELLECTUAL PROPERTY

Unless otherwise indicated, all materials used on this website (including text, graphics, logos, icons, sound recordings and software) are subject to copyright, trade mark or other intellectual property rights that are owned or licensed by us. You may only access and use these materials for non-commercial or personal use, except to the extent permitted by law or where you have received prior written approval from us.

2. LIABILITY

We make no warranties or representations about this website or any of its content and will not be responsible to you or any third party for any direct or consequential loss suffered in connection with the use of this website. To the maximum extent permitted by law, we exclude any liability that may arise due to your use of our website and/or the information or materials contained on it. You agree to indemnify us for any loss or liability arising out of your use of this site.

3. EXTERNAL LINKS

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

4. UPDATES

We may change these terms and conditions at any time by updating this webpage and your continued use of the website following such update will represent an agreement by you to be bound by the terms and conditions as amended.

5. PRIVACY

These terms and conditions also include our Privacy Policy that can be accessed by clicking the link on this page.

6. JURISDICTION

Your use of the website and these terms and conditions are governed by the laws of Victoria, Australia.

MARKETPLACE TERMS

1. WHAT PARTS OF THESE TERMS APPLY TO ME?

This agreement governs your use of the Bookcycle platform, accessible at www.bookcycle.com.au (Platform) and any Books or services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Bookcycle Pty Ltd ACN 647682022 (The Company, we or us).

The remainder of this agreement is divided into three parts:

• Part A (All Users), which sets out terms that apply to all Users;

Part B (Senders), which sets out additional terms that apply to Senders, being Users who register for a Sender Account and/or offer to sell Books or services through the Platform; and

Part C (Requestors), which sets out additional terms that apply to Requestors, being Users who register for a Requestor Account and/or offer to buy Books or services through the Platform.

If you intend to use the Platform as a Sender, only Parts A and B of these terms will apply to you.

If you intend to use the Platform as a Requestor, only Parts A and C of these terms will apply to you.

When we talk about the “Books” in this agreement, we are referring to the books available through the Platform via Senders.

Part A - All Users

1. ELIGIBILITY

• If you are the parent or guardian of a child under the age of 18 years old, you can set up an account under the child’s name that is connected to your own account (Young Cycler Account). A Young Cycler Account will:
  • not be visible to other Users;
  • allow a Young Cycler Account holder to browse children’s books and add books to a dedicated “wish list”; and
  • allow Young Cyclers Account holders to write brief reviews of the books they read.
• This Platform is not intended for unsupervised use by any person under the age of 18 years old including any Young Cycler Account holder or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you:
  • have not been suspended or prohibited from using the Platform; and
  • are either:
    • over the age of 18 years and accessing the Platform for personal use; or
    • accessing the Platform on behalf of someone under the age of 18 years old and consent to that person’s use of the Platform.
• Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian’s consent, or if you have previously been suspended or prohibited from using the Platform.
• If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” and “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Platform on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.

2. ACCOUNTS & FEES

• In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
  • Creating an Account, viewing Books and offering Books is free of charge. Bookcycle thereafter operates on a point system whereby:
  • all Users will receive one free Point for their first transaction on the Platform;
  • Users must spend one Point for every book they request from another User; and
  • Users will be paid one Point for every one book they successfully deliver to another User via the Platform.
  (Point System)
• Users can utilise the Point System by:
  • paying a yearly subscription fee of AUD$27; or
  • paying AUD$3 per transaction (Transaction Fee), with each Transaction Fee allowing for up to three books to be requested from a Sender
• As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by The Company from time to time.
• You warrant that any information you give to The Company in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
• Correspondence between Users must take place on the Platform. You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
• Once you complete the Account registration process, The Company may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
• The Company reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
• The Company may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

3. USER OBLIGATIONS

As a User, you agree:

• not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
• to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify The Company of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
• to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive Books, including:
  • you must not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job or a sale which includes illegal Books, activities or purposes); and
  • you must not use the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by The Company;
• not to act in any way that may harm the reputation of The Company or associated or interested parties or do anything at all contrary to the interests of The Company or the Platform;
• you must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of The Company;
• that The Company may change any features of the Platform or Books offered through the Platform at any time without notice to you;
• that information given to you through the Platform, by The Company or another User including a Sender, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information;
• that The Company may cancel your account at any time, including if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3; and
• that you will be required to use a Third Party Payment Platform in making or receiving any payments via the Platform (Stripe), you warrant that you have read, understood and agree to be bound by Stripe.com’s terms at https://stripe.com/au/legal or the terms of use of other third party payment portals or other payment methods from time to time, that will be available on the Stripe website and other payment portal websites.

4. POSTED MATERIALS

4.1 WARRANTIES

By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:

• you are authorised to provide the Posted Material;
• the Posted Material is accurate and true at the time it is provided;
• any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
• the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
• the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
• the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
• the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
• the Posted Material does not breach or infringe any applicable laws.

4.2 LICENCE

• You grant to The Company a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for The Company to use, exploit or otherwise enjoy the benefit of such Posted Material.
• If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release The Company from any and all claims that you could assert against The Company by virtue of any such moral rights.
• You indemnify The Company against all damages, losses, costs and expenses incurred by The Company arising out of any third party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

4.3 REMOVAL

• The Company acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, The Company may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
• You agree that you are responsible for keeping and maintaining records of Posted Material.

5. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

The Company will have no liability or obligation to you if:

• a Requestor or Sender cancels at any time after the time for performance of the Listing (defined in clause 2 of Part B of this agreement) is agreed; or
• for whatever reason, including technical faults, the Books cannot be provided, and you will not be entitled to any compensation from The Company.

6. IDENTITY VERIFICATION EMAIL

• (Verification) We may offer or require Users to verify their details, using our processes or an external identity verification service as applicable (Verification Service).
• (Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 16. Where a Verification Service is used, you acknowledge and agree that:
  • we may contact and share your personal information with a Verification Service to verify your details; and
  • you consent to us receiving, sharing and using this information to enable us to carry out Verification Services.
• (Fees) We may charge fees for Verification Services, as set out on the Platform.
• (Warranty and Indemnity) You acknowledge and agree that:
  • we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Services will be accurate or guarantee that Verification Services will ensure you contract with a suitable User;
  • you should make your own enquiries as to other Users’ identities before engaging in contracts with those Users; and
  • we do not endorse any User, Listing or Verification Service.

7. REVIEWS

• Users may provide feedback to other Users regarding the relevant Books or experience with that User (Review).
• Reviews may be able to be viewed by other Users and these may remain viewable until the relevant Account and/or Listing is removed or terminated.
• Users must provide true, fair and accurate information in their Reviews.
• If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban the relevant User from posting the Review, or future Reviews. We do not undertake to review each Review made by a User.
• To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
• You must not publish Reviews for Users to which you have personal or professional relations.
• Users can only write a Review about another User if they have had a buying or selling experience with that User, which means that:
  • they have purchased a Book from that Sender;
  • they have sold a Book to that Requestor;
  • you have placed an order with the Sender;
  • you have had an order placed with you by the Requestor; or
  • you can otherwise document that you had a buying or selling experience with that User, including via correspondence or other interaction with the User, (collectively referred to as a Service Experience).
• You must only write about your own Service Experience. You are not permitted to write a Review about somebody else’s Service Experience, such as that of a family member or friend.
• You must not write a review about a Sender you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Sender, or work for the Sender. Similarly, you must not write a Review about a direct competitor to the Sender you own, are employed by or work for.
• Your Service Experience must have occurred within the last 12 months. This means within 12 months from the date on which you write the Review.
• You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by a User to write a Review, you should include information about this in your Review. Incentives include the User offering you a gift, reward, discount or advantage for writing a Review about the User on the Platform.

8. SERVICE LIMITATIONS

The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that The Company cannot and does not represent, warrant or guarantee that:

• the Platform will be free from errors or defects;
• the Platform will be accessible at all times;
• messages sent through the Platform will be delivered promptly, or delivered at all;
• information you receive or supply through the Platform will be secure or confidential; or
• any information provided through the Platform is accurate or true.

9. INTELLECTUAL PROPERTY

• The Company retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Platform Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
• You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Content without prior written consent from The Company or as permitted by law.
• In this clause 9, “Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

10. THIRD PARTY CONTENT

• The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). The Company accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

11. THIRD PARTY TERMS

• Any service that requires The Company to acquire goods and services supplied by a third party on behalf of the Requestor (including a third party payment service, like www.stripe.com.au, be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.
• Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing The Company to acquire the goods or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.

12. DISPUTES BETWEEN USERS

• You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
• If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to The Company via hello@bookcycle.com.au. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
• The Company reserves the right to hold funds in relation to a dispute until the dispute is resolved, either by us, the relevant parties or by a mediator or arbitrator. We reserve the right to disperse funds held by us as we see fit, including by providing a Requestor a refund.
• Any costs you incur in relation to a complaint or dispute will be your responsibility.
• The Company has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
• If you have a dispute with The Company, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
• Notwithstanding any other provision of this clause 12, you or The Company may at any time cancel your Account or discontinue your use of the Platform.

13. SECURITY

The Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

14. DISCLAIMER

• (Introduction service) The Company is a medium that facilitates the introduction of Requestors and Senders for the purposes of buying and selling Books. The Company simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Requestors and Senders in relation to such Books or otherwise resulting from the introduction.
• (Limitation of liability) To the maximum extent permitted by applicable law, The Company excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Sender. This includes the transmission of any computer virus.
• (Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into this agreement which may not lawfully be excluded, then to the maximum extent permitted by applicable law, The Company’s liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to the replacement or the supply of equivalent Books or their repair.
• (Indemnity) You agree to indemnify The Company and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives’:
  • breach of any term of this agreement;
  • use of the Platform; or
  • your provision or receipt of Books from another User.
• (Consequential loss) To the maximum extent permitted by law, under no circumstances will The Company be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Sender (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

15. CONFIDENTIALITY

You agree that:

• no information owned by The Company, including system operations, documents, marketing strategies, staff information and client information, may be disclosed or made available to any third parties; and
• all communications involving the details of other users on this Platform and of the Sender are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.

16. PRIVACY

You agree to be bound by the clauses outlined in The Company’s Privacy Policy, which can be accessed here Privacy Policy.

17. DEACTIVATION

• The Company reserves the right to deactivate a User’s access to any or all of the Platform (including any Account, Listings and other memberships) at any time without notice, for any reason.
• In the event that a User’s Account, access or membership is deactivated:
  • the User’s access to all posting tools on the Platform will be revoked;
  • the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
  • the User may be unable to view the details of all Senders (including contact details, geographic details and any other details), and all Listings previously posted by the respective User will also be removed from the Platform.
• Users may deactivate their Account or membership on the Platform at any time by using the Platform’s functionality.
• Once a User’s account is deactivated, the User will not be able to reactivate their Account without assistance from the Company which can be done by contacting hello@bookcycle.com.au.
• Notwithstanding deactivation or expiry of your Account or membership the provisions of Part A and any other provision which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

18. TAX

You are responsible for the collection and remission of all taxes associated with the services you provide or receive or any transactions through your use of the Platform, and The Company will not be held accountable in relation to any transactions between Requestors and Senders where tax related misconduct has occurred.

19. RECORD / AUDIT

To the extent permitted by law, The Company reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, user posts, job request bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving The Company.

20. NOTICES

A notice or other communication to a party under this agreement must be:

• in writing and in English; and
• delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of this agreement as at the date of this agreement is hello@bookcycle.com.au. The parties may update their Email Address by notice to the other party.
• Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
  • 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
  • when replied to by the other party,
  whichever is earlier.

21. GENERAL

21.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Victoria, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

21.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

21.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

21.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

21.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

21.6 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

21.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

21.8 INTERPRETATION

• (singular and plural) words in the singular includes the plural (and vice versa);
• (gender) words indicating a gender includes the corresponding words of any other gender;
• (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
• (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
• (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
• (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
• (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
• (headings) headings and words in bold type are for convenience only and do not affect interpretation;
• (includes) the word “includes” and similar words in any form is not a word of limitation;
• (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision; and
• (currency) a reference to $, or “dollar”, is to Australia currency, unless otherwise agreed in writing.

Part B - Sender

1. ELIGIBILITY

You must verify that any Requestor is over 18 years old, has their parent or guardian’s consent to use the Platform or is being supervised by their parent or guardian.

2. LISTINGS

You acknowledge and agree that:

• you must use your best endeavours to provide as much information as possible in any listing you upload to offer to provide Books via the Platform (Listing);
• you must type the IBSN of the Book you seek to List into the platform when prompted, to enable accurate population of details in your Listing.
• any Listing adheres to the “Like New” and “Good” quality descriptors for Books set out on the Platform and indemnify us against any loss or damage should your Listing not adhere to such descriptors
• The Company may choose not to accept any Listing you submit to the Platform, and The Company may limit the number of Listings you can submit on the Platform;
• Singing up, viewing Books and listing Books can be done free of charge.
• In order to transact on the platform, the Sender must either:
  • pay a yearly subscription fee (defined in clause 3 below); or
  • pay a Service Fee (defined in clause 3 below);
• delivery of Books to Requestors is the responsibility of the Sender;
• you must take all reasonable steps to provide the Books as described in every Listing that is accepted by a Requestor, including by not cancelling any part of an accepted Listing;
• you must deal with any dispute with a Requestor in accordance with clause 12 of Part A;
• any additional terms and conditions relating to a Listing provided via the Platform are solely between you and the Requestor and do not involve The Company in any way, except that they must not be inconsistent with either party’s obligations under this agreement; and
• The Company will have no responsibility for the accuracy, reliability or timeliness of the content provided by a Requestor responding to a Listing, and the Sender must take steps to independently verify the accuracy and reliability of such content.

3. FEES

• Creating an Account, viewing Books and offering Books is free of charge.
• Once a Requestor accepts a Listing on the Platform, the Requestor will be prompted to pay one point to the Sender via the Platform.
• After The Platform receives payment of one point from the Requestor, we will enable messaging on the Platform, to enable the Sender to interact with the Requestor for the purpose of arranging delivery of the Book/s.
• Any Points the Sender has accumulated will be released to the Sender once we receive confirmation from the Requestor that the Book was successfully delivered to them. We retain the right to hold any Points until such notification is received.
• The Company reserves the right to change the Subscription Fee pricing at any time by updating this agreement on the Platform and providing reasonable notice to the Users of any changes.

4. REFUNDS & CANCELLATIONS

• Without limiting or otherwise affecting the terms of this agreement, if you wish to cancel a Listing before you have fulfilled the requirements of the Listing that a Requestor has agreed to, you must contact us using the Platform’s functionality, including providing details as to why you are cancelling. If The Company decides to investigate your request, you must provide assistance and information to The Company as reasonably requested.
• Without limiting clause 4, if we accept your request to cancel a Listing already accepted by a Requestor, we may take one or more of the following actions:
  • cancel your Account or membership with The Company;
  • refund the relevant Service Fee and/or Points to the Requestor; or
  • require that you pay all or part of the Service Fee refunded to the Requestor and issue you an invoice for that amount.
• You agree to honour and comply with the process set out in this clause 4 in the event of a pricing error on the Platform.

5. BYPASSING

• You agree that while you are a Sender on the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Requestor whom you came to know about, or with whom you provided Books or services to directly or indirectly, by using the Platform. This provision will apply whether or not the Requestor or their representative is still active on the Platform.
• The Company may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 5.

6. BINDING CONTRACT

You agree that when a Requestor accepts a Listing, this constitutes a binding contract between you and that Requestor, where you will provide the Requestor with the Books in the Listing they accepted in exchange for your receipt of the Remaining Balance. A contract is formed in this respect when the Requestor responds to the Listing on the Platform confirming that they accept the Sender’s offer.

7. WARRANTIES

By listing yourself as a Sender on the Platform and posting a Listing, you represent and warrant that:

• you are able to provide the Books as specified in the Listing; and
• you will provide the relevant Books to Requestors in compliance with all applicable laws.

Part C - Requestors

1. LISTINGS AND FEES

You acknowledge and agree that:

• if you accept a Listing, that will constitute your entry into a contract with the Sender;
• for each Listing you respond to, you must pay the quoted Points and any associated Fees if you are not a subscription based customer.
• any terms and conditions relating to Books or a quote provided via the Platform are solely between you and the Sender and do not involve The Company in any way, except that they must not be inconsistent with either party’s obligations under this agreement.

2. PAYMENT

• (Payment obligations) Unless otherwise agreed in writing with the Sender you must pay for all Books specified in a Listing prior to the Sender providing those Books.
• (Card surcharges) The Company reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
• (Third Party Payment Platform) The Company processes payments through a Third Party Payment Platform, being www.stripe.com/au. In addition to this agreement, your purchase of any Books via the Platform will be subject to the terms and the privacy policy of the Third Party Payment Platform, available on the Third Party Payment Platform’s website, at www.stripe.com/au.
• (Release) You agree to release The Company and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Third Party Payment Platform, including any issue with security or performance of the Third Party Payment Platform or any error or mistake in processing your payment.
• (Pricing errors) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to your agreement with the Sender, you will then have the option of purchasing the relevant Books at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

3. CANCELLATIONS

• The Company will have no liability or obligation to you if a Sender cancels a Listing at any time after you have accepted it and you will not be entitled to any compensation from The Company, including any portion of the Service Fee.
• If you wish to cancel an order before the Sender has fulfilled the requirements specified in the relevant Listing, you must contact the Sender. If The Company decides to investigate your cancellation, you must provide assistance and information to The Company as reasonably requested.
• The Service Fee is by default non-refundable. However, The Company may, in its absolute discretion, issue refunds of the Service Fee in certain circumstances.

4. LINKED BUSINESSES

You acknowledge and agree that:

• the Platform provides links and introductions to Senders owned and operated by third parties that are not under the control of The Company;
• the provision by The Company of introductions to Senders does not imply any endorsement or recommendation by The Company of any Sender;
• The Company does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Sender who uses or is listed on the Platform; and
• any terms and conditions relating to a Book or service, Listing or quote provided via the Platform constitute a contract between you and the Sender and do not involve The Company in any way.

5. COMMUNICATION OUTSIDE THE PLATFORM

• You must not communicate with a Sender, or request or entice a Sender to communicate with you, outside the Platform (except in the course of accepting the Sender’s Books).
• The Company, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause 5.