BookFound Terms and Conditions

Legal

Thank you for agreeing to become a supplier to BookFound's website.  This website has been made available to you subject to your compliance with the terms and conditions set forth below (the 'Supplier Terms and Conditions').

Please read this document carefully before accessing, listing on or using the BookFound website.  By accessing, listing on or using this website, you are agreeing to be bound by the Supplier Terms and Conditions.  If you do not wish to be bound by the Supplier Terms and Conditions, you may not access, list on or use the website.

Modification of the Supplier Terms and Conditions

BookFound reserves the right to change the terms, conditions and notices at any time, and such modifications shall be effective immediately upon the posting of such changes.  You are therefore responsible for regularly reviewing the Supplier Terms and Conditions and additional terms or notices posted on the BookFound website.  Your continued access or use of this website shall be deemed your conclusive acceptance of the modified agreement.

BookFound

BookFound operates a web site facilitating the purchase of books by Customers from second hand booksellers who list books on the web site ('Suppliers').


BookFound offers a COMMISSION ONLY arrangement with booksellers

Prior to listing books on the BookFound website, you must:-

1.    Complete our Supplier application form;

2.    Accept the Supplier Terms and Conditions (by completing the Supplier application     form); and

3. By choosing to pay BookFound.com through a commission on every book sale - you are free to request your books to be removed at anytime.

4. Commission-only booksellers are not required to pay any monthly fees.



BookFound FOUNDATION Members (Joined 2011) (Excluding Commission-Only Booksellers)

1. BookFound is no longer accepting applications for Foundation Members. By having chosen to pay to join BookFound.com for 12 months (May2012 - May 2013), you have agreed to pay the monthly fees one year in advance. The fee for the year is non-refundable. You are not bound to join for longer than 12 months. The fee is not refunded if you remove your book listings within the 12 months paid for, or you choose not to upload any books at all.


Listings

BookFound is sourcing items from you as an independent Supplier.

The listings on the BookFound website are provided by the you as a Supplier and you will be liable to BookFound and/or the Customer for any descriptions, price errors or misrepresentations contained within the listings.

You agree to provide sufficient information as required from time to time by BookFound to enable your books to be listed on the BookFound site and in providing such information you agree that BookFound can list your books on the BookFound website for the purposes of sale.

In listing the books or items on the BookFound website, you are warranting that you have the legal right to offer for sale and to sell the books or items and that the description of the book or time is not false or misleading.

Availability

If an item is no longer available, you must update the order to Unavailable on the BookFound website otherwise the order will be cancelled by BookFound after 72 hours.

Pricing

All prices are to be listed in Australian Dollars including GST. In overseas markets the books will be listed in the local currency. All prices are in total and include any taxes which may be levied in the sellers domain.

All prices listed on the BookFound website are for internet orders only placed via the website.

Orders

You are responsible as the Supplier to review and verify the information contained in each order received, and to ensure the availability of the item, before accepting the order.

BookFound facilitates the transaction between the Supplier and the Customer but the sale transaction is formed between the Supplier and the Customer and you as the Supplier will be responsible for remitting any GST or other taxes and any other duties and charges relating to the transaction.

Refunds

BookFound does not offer customers a credit or refund in circumstances where the Customer simply changes their mind, locates a similar product elsewhere or has made a mistake in purchasing the item.

However, the BookFound website offers customers a credit or refund in circumstances where:-

1.    The book delivered differs substantially from the description in the listing;

2.    The book is not received within one month of the date of order; and

3.    In accordance with the Competition and Consumer Act 2010 (Cth) and State Fair Trading legislation.

You agree to indemnify BookFound for all credits or refunds provided to Customers in accordance with the above refund policy and you will be liable for and will indemnify and hold BookFound harmless for any claims, refunds, liability, damages or other charges resulting from the transaction with the Customer pursuant to these Supplier Terms and Conditions.

Delivery

Unless otherwise specified by the Customer, all deliveries will be by Australia Post ordinary mail.

The cost of postage is to be advised to the Customer at the time of order.

If the Customer requires urgent delivery the Customer must be advised by the Supplier at the time of order that additional costs will apply to deliveries by Express Post or Courier.


Indemnity

You as the Supplier will indemnify BookFound to the full extent of our liability for all damages, compensation, damages, expenses, interest and costs that we may have to pay to any person, as a result of:
(a)    Any misleading or deceptive statement in the description of the book or item;
(b)    Your inability to complete any sale or order;
(c)    The negligence, wilful act or wilful omission of you, your employees or agents; or
(d)    A breach by you, your employees or agents of any of your obligations under these Supplier Terms and Conditions.
You as the supplier agree to indemnify and hold harmless BookFound, its servants and agents, from any and all third party claims, damages, compensation, expenses, interest and costs arising out of or relating to a breach by you of the Supplier Terms and Conditions.
Confidentiality and Privacy
You agree to use any Customer information, including payment information, only for the purpose of completing an order and you must not use or disclose any Customer information for any other purposes, including disclosure to a third party for marketing or other unsolicited distribution of the information.
You must comply with the Privacy Act and also take measures to protect Customer information from unauthorised use, disclosure and access.
You agree to comply with the BookFound privacy policy which can be accessed on the BookFound website.
All information provided to BookFound by Suppliers will be treated confidentially and in accordance with the BookFound privacy policy.
Disclaimer
BookFound will not be responsible for any loss of production or loss of income or profits arising in any from the access to or use of the BookFound web site, or the lack of access or interruption of access to the BookFound site, regardless of any fault, negligence or wrongdoing on the part of BookFound.
BookFound will take reasonable care to ensure that appropriate security and privacy settings are engaged, however you as the Supplier acknowledges that the operation of the BookFound web site may be affected by factors beyond the control of BookFound or the Suppliers and may not be uninterrupted or secure.  BookFound will not be liable to the Supplier for any loss or damage resulting from the loss of data, interrupted service or breach of security or the actions of third parties relating to data, service or security.
At no time will BookFound's liability to a Supplier exceed the total cost of the purchase price of the book or item, and only in circumstances where the loss to the Supplier is caused by the negligence or wilful fault of BookFound and you as the Supplier agree to release BookFound from any liability or demands in excess of the purchase price of the book or item.
Termination of Agreement
You as the Supplier agree to enter into an agreement in accordance with the Supplier Terms and Conditions upon the payment of a non-refundable annual fee equating to a total of 12 months' fees.
It is open to BookFound or the Supplier to terminate the agreement in writing at any time, however you will not be entitled to a refund of the remaining annual fee.
If you agree to renew the contract upon the expiration of the 12 month term, you must pay the non-refundable annual fee, to be advised by BookFound, in advance.
Upon termination of the agreement by either party, you will remit to BookFound with 14 days any unpaid payments to the date of termination, and BookFound will pay any unpaid commission payments within 14 days of receipt of notice of termination.
You will continue to be liable for all refunds, taxes and other fees relating to transactions entered into prior to termination of the agreement and you will continue to by bound by the confidentiality and privacy requirements of this agreement following termination.

Electronic Communications

When you visit the BookFound website or send emails to BookFound, you are communicating with us electronically and thereby you are consenting to receive communications from us electronically or  by other means available.  BookFound will communicate with you electronically, by telephone or facsimile.  

It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

Copyright and Licences

The entire content of this website, including but not limited to: text, graphics, logos, button icons, flash movies, images, audio clips, digital downloads, data compilations and software, are the property of BookFound, its suppliers or clients and are protected by Australian and International copyright and trademark laws.  You may not modify, copy, reproduce, publish, upload, post, transmit, or distribute any portion of the website contents without the prior express written consent of BookFound.

You may print or download portions of the materials from various areas of this website solely for your own, non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.  If you believe any content appearing on our website constitutes a copyright infringement of another party's rights, please contact us immediately to notify us of the alleged infringement.

Licence and Website Access

BookFound grants you a limited licence to access and make personal use of this website and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of BookFound.

This website, or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any commercial purposes without the express written consent of BookFound.

You may not frame, or use any framing techniques, to enclose any trademark, logo, or other proprietary information (including images, text, flash movie, page layout or form) of BookFound without the express written consent of BookFound.

You may not use META tags or any other 'hidden text' which utilises bookfound.com, BookFound or any other derivative of our domain or company name without the express written consent of BookFound.

You are hereby granted a limited, revocable and non-exclusive right to create a hyperlink to the home page of BookFound so long as the link does not portray any false, misleading , derogatory or otherwise offensive matter.

It is further understood that BookFound cannot and does not guarantee or warrant that files made available for downloading through the BookFound website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.  It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through BookFound are free from such contaminations.  BookFound will not be held liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive and consequential damages.

BookFound assumes no liability or responsibility for any typographical or other errors or omissions in the content of this site.

Third Party Links

Linked websites are not under the control of BookFound and BookFound is not responsible for the contents of any linked site or any link contained in a linked site.  BookFound provides links to you only as a convenience and the inclusion of any link does not imply or constitute an endorsement by BookFound of the site.

Applicable Law

By visiting the BookFound website, you agree to the laws of Australia and the State of Queensland, without regard to principles of conflict of laws, and those laws will govern these Supplier Terms and Conditions and any dispute of any sort that might arise between you and BookFound.

Disputes

Any dispute relating in any way to your visit or access of the BookFound website or to the products or services you purchase through the BookFound website shall be submitted to binding arbitration or determination in Australia, except that, to the extent you have in any manner violated or threatened to violate BookFound's intellectual property rights, BookFound may seek injunctive or other appropriate relief in any State or Federal Court in Australia.

Indemnification

You agree to indemnify, defend and hold harmless BookFound, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the website from and against all losses, expenses, damages and costs, including legal fees, resulting from any violation of these Supplier Terms and Conditions (including negligent or wrongful conduct) by your use and access of the BookFound website.

International Use

Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, email, privacy, copyright, and trademark infringement.  Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australian States or the country in which you reside.

Other Provisions

BookFound's failure to insist upon or enforce strict performance of any provision of these Supplier Terms and Conditions shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Supplier Terms and Conditions.  BookFound  may assign its rights and duties under these Supplier Terms and Conditions to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition.  Any rights not expressly granted herein are reserved.

Request and Address

Please send notices by care to our Mailing Address:-

BookFound Pty Ltd
PO Box 2170
ASHGROVE WEST  QLD  4060
AUSTRALIA

Copyright 2012 BookFound Pty Ltd.  All rights reserved.