BOOKPAL AUSTRALIA PTY LTD

Terms and Conditions of Use

1. These Terms and Conditions constitute a binding agreement ("Agreement") between you ("User") and Bookpal Australia Pty Ltd and its affiliated companies or subsidiaries ("Bookpal").
2. The term User shall refer to the user who is browsing the site. The term Bookpal shall refer to Bookpal Australia Pty Ltd. The term Site refers to www.bookpal.com.au which is owned by Asset Banc Pty Ltd As Trustee licensed to Bookpal Australia Pty Ltd As Trustee.
3. By accessing, browsing and/or using this web site ("Site"), User acknowledges that he has read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If User doesn’t agree to these terms, do not use this Site. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may contain technical inaccuracies or typographical errors. Please read this Agreement carefully and be aware that Bookpal may, in its sole discretion and without notice, revise these terms at any time by updating this posting. It is User’s responsibility to regularly review this Agreement and to acquaint with any changes. Usage of this Site constitutes an irrevocable waiver of any claim that User did not read, understand, or agree to the terms of this Agreement.
4. Bookpal may terminate User's access at any time for any reason. The provisions regarding disclaimer of warranty, accuracy of information, and indemnification shall survive such termination. Bookpal may monitor access to the Site.
5. The Site, and all content, materials, information, software, products and services provided on the Site, are provided on an "as is" and "as available" basis. Bookpal expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
6. Bookpal may change or discontinue any aspect of its website at any time, including, its content or features.
7. User agrees to indemnify, defend and hold Bookpal harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, arising out of or relating to any misuse by the User of the content and services provided on the Site.
8. Bookpal makes no warranty that:
   
   1. the Site will meet User’s requirements;
   2. the Site will be available on an uninterrupted, timely, secure, or error-free basis;
   3. the results that may be obtained from the use of the Site or any services offered through the Site will be accurate or reliable
9. Copyright in Materials: The copyright in all materials provided or posted on this Site is held by Bookpal or by the original creator of the material. Except as stated herein, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Bookpal. User may not "mirror" any material contained on this Site without Bookpal’s express written permission. Any unauthorized use of the materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and/or communications regulations and statutes. All content and functionality on this Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, are the exclusive property of Bookpal or its licensors and is protected by applicable copyright laws. All rights not expressly granted are reserved. Use of this Site is conditioned upon User’s honoring these copyrights and other intellectual property rights reflected on the Site.
10. Passwords: Access to some or the entire Site may be password-restricted. The information supplied by User in connection with his registration is subject to Bookpal’s Privacy Statement, which is provided in this site. The User shall not share his password with anyone and shall take reasonable care to protect his password from unauthorized use and disclosure. User must promptly report to Bookpal any known, suspected, or anticipated unauthorized use of his password.
11. Trademarks: Unless otherwise stated, the trademarks, service marks and logos (the "Trademarks"), if any, used and displayed on this Site are registered and unregistered Trademarks of Bookpal. Other trademarks, service marks and trade names may be owned by others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Bookpal intellectual property displayed on this Site. Bookpal aggressively enforces its intellectual property rights to the fullest extent of the law. The name Bookpal or any other Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Bookpal. Bookpal also prohibits use of its name or any other Trademark as part of a link to or from any site unless establishment of such a link is approved in advance by Bookpal in writing.
12. User postings: User acknowledges and agrees that Bookpal shall own and have the unrestricted right to use, publish, in electronic form and otherwise, distribute and exploit any and all information that User posts or otherwise publish on this Site ("Submissions"). User hereby waives any and all claims against Bookpal for any alleged or actual infringements of any rights of privacy or publicity, moral rights, rights of attribution or any other intellectual property rights in connection with Bookpal’s use and publication of such Submissions. This means that anything submitted by User to this Site may be used by Bookpal for any purpose, now or in the future, without any payment to, or further authorization by, you. Unless otherwise expressly agreed in a separate writing between User and Bookpal, Bookpal shall own all right and title to Submissions. To the extent Bookpal is deemed to not own Submissions, User automatically grants Bookpal a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform or display such Submissions, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, but not limited to, advertising and promotional purposes. Bookpal does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through this Site by any user of this Site, information provider or any other third party. Bookpal expressly disclaims any and all liability related to Submissions, and user acknowledges that any reliance upon such Submissions shall be at User’s sole risk. User covenants that User shall not post or otherwise publish on the Site any materials that: (i) are threatening, libelous, defamatory, or obscene; (ii) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law; (iii) infringe the intellectual property, privacy, or other rights of any third parties; (iv) contain a computer virus or other destructive element; (v) contain advertising; or (vi) constitute or contain false or misleading statements. Bookpal in its sole discretion reserves the right to refuse to post and the right to remove any information or Submission from this Site, in whole or in part, for any reason.
13. Bookpal’s rights and disclaimers: The ideas and information that are posted on this Site do not necessarily reflect Bookpal’s views. Bookpal reserves the right, which it may or may not exercise, to review, edit, or delete any material that it deems to be inappropriate or in violation of this Agreement. Bookpal has the absolute right, in its sole discretion, to deny or to withdraw access to anyone who violates this Agreement. Bookpal’s access and use decisions are final and not reviewable. Notwithstanding the above, Bookpal expressly disclaims any responsibility or liability for any material communicated by third parties through the Site or for any loss or damage allegedly resulting from use of the Site or from denial or withdrawal of Site access. There may be delays, omissions or inaccuracies in information obtained through User’s use of this Site. This information is provided to User with the understanding that it does not constitute the rendering of investment, consulting, legal, accounting, tax, career or other advice or services. Information on this Site should not be relied upon for making business, investment or other decisions or used as a substitute for consultation with professional advisors. Moreover, Bookpal does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, downloaded or distributed through this Site by Bookpal, any user, information provider or any other person or entities User acknowledges that any reliance upon such opinion, advice, statement, memorandum, or information shall be at User’s sole option and risk. In addition, User may not use this Site in any manner to suggest or imply that Bookpal promotes or endorses User’s or any third party’s causes, ideas, political campaigns, political views, web sites, products or services.
14. Hyperlinking: User may be able to obtain access to other Internet sites through hypertext links appearing on this Site. Bookpal makes no representations whatsoever about any other web site which User may access through this one. When User accesses a non-Bookpal web site, please understand that it is independent from Bookpal, and that Bookpal has no control over the content on that web site, even if provides information or services to the owner of that web site. In addition, a link to Bookpal website does not mean that Bookpal endorses or accepts any responsibility for the content or the use of such web site. In fact, Bookpal disclaims any and all liability and responsibility for such content. It is up to User to take precautions to ensure that whatever user selects for his use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
15. Disclaimer and Warranties: THE SITE AND ALL MATERIALS THEREON ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BOOKPAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MORE SPECIFICALLY, BUT WITHOUT LIMITATION, BOOKPAL DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED; OR (4) THIS SITE OR THE SERVER BY WHICH YOU GAIN ACCESS IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USER HEREBY ACKNOWLEDGES THAT USE OF THE SITE IS AT HIS SOLE RISK.
16. Limitation of liability: UNDER NO CIRCUMSTANCES SHALL BOOKPAL OR ANY OF ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE OR OBTAINED FROM USER’S USE OF THIS SITE, EVEN IF BOOKPAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
17. Infringement Notices and Take Down: Bookpal prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If User believes that any material contained on this Site infringes User’s copyright, User should notify Bookpal of his copyright infringement claim by contacting info@bookpal.com.