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