1. Introduction.  These Terms of Use, the Privacy Policy, and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively “Services”). You agree to comply with the full Terms of Use when accessing or using our Services.

2. The Service. The Service is provided by the Anglican Diocese of Canberra and Goulburn trading as St Mark’s National Theological Centre “St Mark’s” ABN 29 577 118 972 operating the Service as St Mark’s Book Exchange.

3. Your Account. To access and use some of the Services, you may need to register with us and set up an account with your email address and a password (your “Account”). The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account.

4. Using St Mark’s Book Exchange. To use the Services you must be over 18 years of age and agree you will not:

  • violate any laws;
  • post any threatening, abusive, defamatory, obscene or indecent material;
  • be false or misleading;
  • infringe any third-party right;
  • distribute or send communications that contain spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Gumtree, the Services or the interests or property of Gumtree users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of the Services;
  • copy, modify, or distribute any other person’s content without their consent;
  • use any robot spider, scraper or other automated means to access the Services and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent; and/or
  • bypass measures used to prevent or restrict access to the Services.

5. Abusive content. Please report problems and offensive content using the reporting link. You are solely responsible for all information that you provide and any consequences that may result from your posts. We can at our discretion refuse, delete or take down content that we think is inappropriate or breaching these Terms of Use. We also can at our discretion restrict a user’s usage of the Services either temporarily or permanently, or refuse a user’s registration. Without limiting other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off the Services if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we take any of these steps, we do not accept any liability for monitoring the Services or for unauthorized or unlawful content on the Services or use of the Services by users. You also accept that St Mark’s is not under any obligation to monitor any data or content which is submitted to or available on the Services. We can remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights.

6. Fees and Services. There is no charge for using the Service.

7. Limitation of Liability.  Nothing in these Terms of Use excludes, restricts or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the Australian Consumer Law. To the extent that these Terms of Use are found to exclude, restrict or modify any such rights or statutory guarantees, those rights and/or statutory guarantees prevail to the extent of the inconsistency.

Services are provided “as is” and “as available”. The Service is solely the provision of a platform for the exchange and selling of books between third party individuals. St Mark’s does not provide any warranty or guarantee for quality of books and any payment is solely a transaction between the buyer and seller involved in the transaction. You agree not to hold us responsible for things other users post or do. As most of the content on the Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent permitted by law, we do not give any promises or warranties (whether express or implied) about the availability of our Services or that the Services will be uninterrupted or error-free. Notification functionality in the Services may not occur in real time. That functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network.  To the extent permitted by law, we are not liable for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind by a user of the Service which violates or infringes upon your rights, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law. To the extent permitted by law, and without limiting any rights that you may have under the Australian Consumer Law, St Mark’s liability to you for any failure by us to comply with any statutory guarantee under the Australian Consumer Law is limited to St Mark’s supplying the Services again.

St Mark’s excludes any liability to you for any loss or damage suffered by you as a result of St Mark’s failing to comply with an applicable statutory guarantee under the Australian Consumer Law if you suffering such loss or damage was not reasonably foreseeable and was not directly caused by St Mark’s.

8. Indemnification. You will indemnify and hold harmless St Mark’s National Theological Centre and our affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Service, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

9. Release. If you have a dispute with one or more users of the Book Exchange, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

10. Personal Information. By using the Service, you agree to the collection, transfer, storage and use of your personal information by us (the “data controller”) on servers located in the United States, Australia or any other country.

11. Severability. If a provision of these Terms of Use is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms of Use.