Terms of service
The Mighty Tiny Book Shop is an information and advertising service ('Service') provided by Mighty Tiny Book Shop ABN 25 149 427 123 ('MTBS') operated from the website at mtbs.com.au ('Site') on the terms set out in this document. If you use the Service or this Site, you are deemed to have agreed to these terms.
MTBS also acts as a 'Shopkeeper' using the Service.
1. Intellectual Property
"The Mighty Tiny Book Shop" is a trademark of MTBS and may not be used without the written consent of MTBS. "MTBS" is a trademark and may not be used without the written consent of MTBS. The MTBS logo is a trademark and may not be used or reproduced without the written consent of MTBS. The content on the Site including text, images, logos, photos and messages ('Content') is owned by MTBS. Except for fair dealing under the Copyright Act you may not use or reproduce or allow anyone to use or reproduce this Content without the written consent of MTBS. The software that operates the Site is proprietary software and you must not copy, reverse engineer or modify it.
2. Posting content
MTBS does not control the content of advertisements (also described as 'listings'), messages, discussion groups or forums. MTBS reserves the right to delete content at its discretion and to terminate access to, or use of, the Service.
- You may not publish any listing which contains advertising for anything other than an item or set of items relating to the category in which the listing is published.
- You may not publish any content containing financial advice or recommendations regarding securities.
- You may not publish anything defamatory, indecent, threatening, misleading or otherwise containing illegal content.
- You may not publish anything which invades personal privacy, is indecent or obscene, incites violence or violates copyright.
- You may not publish any computer code or script.
By posting any content to the site you licence MTBS to reproduce, modify or distribute that content in any form and you waive any moral rights that you may have in that content and to the extent that you are legally able to, you hereby assign all copyright in your content to MTBS.
MTBS may with or without notice to you and at its discretion, terminate your access to all or part of the site without the need to provide reasons.
4. Disclaimer of liability
MTBS is not liable to you for any loss or damage incurred by you arising out of your use of the Site or Service, whether direct, consequential, special, indirect or other loss or damage. MTBS' liability to you is limited to the re-supply of the Service to you or to the cost of this re-supply at its option.
5. No Warranty
MTBS provides the Service and the Site 'as is' and without any express or implied warranties. MTBS makes no warranty about the accuracy or completeness of the Content on the Site or any third-party site linked from the Site. Users should satisfy themselves through their own enquiries as to the condition or suitability of any item or service offered. MTBS excludes all liability to users for loss arising from Content posted on the Site. All warranties of any kind are excluded to the extent permitted by law. Due to factors outside its control, MTBS does not guarantee uninterrupted, error-free or secure access to the Site.
MTBS takes all reasonable care in compiling online listings. However, the information in these listings and on the Site is provided 'as is' and we do not warrant or represent that it is complete, current or free from errors or omissions. We accept listings in good faith on the basis of warranties provided by each advertiser. We do not warrant or represent that the products or services advertised in listings on the Site will be suitable for any particular purpose, or that an advertiser has any particular qualifications or is legally entitled to carry on a particular business. You must investigate for yourself the suitability, quality and condition of any goods or services advertised on the Site. It is your responsibility to verify any information on the Site, or provided to you by other users of the Site before relying on it.
You agree to indemnify MTBS and its officers from any claims and expenses (including legal costs) related to:
(a) your use of the Site or the Service;
(b) any Content posted by you or others; or
(c) your breach of these terms.
7. Governing law
The Service is governed by the laws of New South Wales.
9. Variation to Terms of service
MTBS reserves the right to vary these Terms of service from time to time. Variations to the Terms of service are announced in the Site newsletter which is available to Site account holders. The current Terms of service are available via a link in the footer of each page on the Site.
10. Transactions between buyers and sellers
Except where MTBS acts as a Shopkeeper within the Site, MTBS is not involved in the actual transaction of goods, stock or payment (Transaction) between buyers and sellers. MTBS, through the Service of the Site acts only as an intermediary in the exchange of communication regarding prospective or actual Transactions. As a result, MTBS has no control over and, to the extent permitted by law, makes no warranties in relation to, the suitability, quality, safety or legality of any items advertised for sale on the Site (except where MTBS acts as a Shopkeeper or Seller), the accuracy or truth of any advertising listings on the Site or the ability of sellers and buyers to actually enforce or complete a transaction.
11. Minimum age and legal rights to buy, sell, offer for sale, offer to buy or post comments
You must be at least 18 years of age to place a listing, buy or offer to buy, or sell or offer to sell an item. You must be at least 18 years of age to submit questions, post comments, create an account with the Site, or contact sellers. If you are offering to sell an item by way of placing a listing or otherwise then you must be legally able to sell the item you are advertising.
12. Usage rules
You warrant to MTBS that you will not use the Site or Service for any purpose (including the placement of a listing) that is unlawful or prohibited by these Terms.
You warrant that you will not data mine the Site.
You warrant that you will not conduct automated searches on the Site.
You warrant that you will not incorporate any of the Site Content with any other material including advertising and promotional material.
You warrant that you will not create any links from the Site to any domain other than mtbs.com.au
You warrant that you will not frame or mirror the Site.
You warrant that you will not use another person's or entity's account without permission
You warrant that you will take responsibility for the security of the authentication (login) information required to access your account with the Site.
You warrant that you have licence or permission to use any email address which you submit to the Site for the purpose of authenticating said email address for the purpose of authorising a listing.
You warrant that you will not use the Site or Service for any activity or activities (including placement of a listing), or to transmit via the Site or Service any information or material which:
- breaches any law or regulation
- breaches these Terms
- infringes a third party's rights (including intellectual property rights and rights of privacy) or misuses a third party's confidential information
- is inappropriate, offensive, obscene, threatening, indecent, menacing, inflammatory, pornographic, defamatory, discriminatory, harasses any person or entity, or otherwise inhibits others from using or enjoying the Site or Service
- breaches the Site Communications Policy accessible at http://mtbs.com.au/index.php?view=page&pagename=communications_policy
- breaches the Site Listing Content Policy accessible at http://mtbs.com.au/index.php?view=page&pagename=listing_content_policy
- is false or misleading
- is an unsolicited commercial message
- impersonates another person or entity or uses another person's or entity's account without permission
- identifies a person or which can be used to identify a person (including copy, photos, avatars, other images or any other representation) unless you have obtained that person's permission to do so.
- make unauthorised modifications to the Content
- knowingly transmit any worm, virus, Trojan horse, other disabling feature, or other malicious code to, or via the Site
- attempt to do or permit any other person or entity to do any of the above acts
It is your responsibility to remove or disable your listing upon the sale or other withdrawal of the item from sale.
13. Our right to alter or withdraw your material
MTBS may withdraw or alter any material you provide us (including any listings you submit) if: a) we reasonably consider it is inappropriate, offensive, misleading or deceptive, defamatory, incorrect or in any other way in breach of the Terms (including any rules, guidelines or policies), any law or third party rights; or b) we are instructed to do so by any third party.
MTBS also reserves the right to select, edit, condense, determine the duration of, change the nominated "category" of, withdraw or refuse your listing. MTBS will try to tell you if any material you provide is withdrawn or altered. If you are a seller and your listing is withdrawn or altered other than as a result of a material breach of these Terms or in accordance with this clause 13, the cost of your listing would be lower as a result, we will refund you the difference.
14. Communications to you
Any communications or notices MTBS sends you in relation to your transactions or use of the Site are not intended to endorse or guarantee your transactions. MTBS does not endorse or approve any information provided to you by other users of the Site and it is your responsibility to exercise caution and practise safe trading when transacting on the Site. You may receive service related emails from us and such messages will not include a functional unsubscribe facility.
15. Manipulation and improper use
You must not manipulate, or interfere with, any item or the price of any item advertised on the Site.
Where applicable, MTBS will notify you the fees payable for your use of the services available on the Site and you will be responsible for paying these fees. Payments may be made online at the time of purchase.
17. Our liability to you
The terms that apply to MTBS' supply of the Site are those that are set out in this document, including policies referenced by this document, and those implied by consumer protection laws to the supply of this service that are unable to be excluded. No other terms apply.
MTBS accepts its liability to you for breach of contract or negligence under the principles applied by the courts, but:
- i. MTBS does not accept liability to you for losses that result from your use of our services in connection with the conduct of a business. However, MTBS will accept that liability if it cannot be excluded under any legislation. If that liability cannot be excluded but can be limited under any legislation, we limit our liability to re-supplying, repairing or replacing the relevant goods or services (or payment of the cost of re-supply, repair or replacement) where it is fair and reasonable to do so;
- ii. MTBS is not liable for any loss to the extent it is connected with any dispute between you and one or more other users of the Site, including in relation to transactions entered into with other users of the MTBS site;
- iii. MTBS not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract);
- iv. MTBS is not liable for any loss to the extent that it results from your failure to take reasonable steps to avoid or minimise your loss;
- v. MTBS is not liable for any loss caused by MTBS failing to comply with its obligations to you where that loss is caused by events outside its reasonable control (such as a malfunction in equipment or software, Internet access difficulties or delay or failure of transmission); and
- vi. MTBS is not liable for any loss caused by the alteration, withdrawal or restoration of any material in accordance with our terms and policies.
You release MTBS and its officers from all claims, demands, damages, costs, penalties and liabilities whatsoever arising out of or in connection with a dispute between you and any other user of the MTBS site.
18. Your liability to MTBS
You are liable to MTBS for breach of contract or negligence under the principles applied by the courts. However, you are not liable to MTBS for any loss to the extent that it is caused by MTBS (for example through our negligence or breach of contract).
You agree to indemnify MTBS and its officers, employees and agents, against all claims, demands, damages, costs, penalties and liabilities caused by your breach of the Terms.
19. Termination, suspension and limitation of your access - material breach by you
MTBS may bar, suspend, terminate or limit your access to the Site at any time if you are in material breach of the Terms and: i. we have told you in writing of your breach and you have failed to remedy it within the specified time frame; or ii. the breach is something which cannot be remedied (in which case we can bar, suspend, terminate or limit your access to the Site immediately by telling you).
If you are in material breach of MTBS' terms and conditions and we have barred, terminated, suspended, or limited your access, you must not circumvent this action by any means, including but not limited to placing a further listing under the same or any other account name or pseudonym. If we identify that this has taken place the listing will be immediately removed without further notice to you and you will forfeit all fees paid.
20. MTBS' other rights to terminate, suspend or limit your access
MTBS may suspend, terminate or limit your access to the Site with as much warning as we reasonably can, if:
- a. we reasonably believe that there is a real risk of loss or damage to us or another if we do not suspend, terminate or limit your access to the Site (including credit risk resulting from you not paying any fees owed to us on time);
- b. the law requires us to do so;
- c. we believe on reasonable grounds that providing access to the Site to you is illegal or may become illegal;
- d. there is an emergency; or
- e. we have received a serious complaint or multiple complaints regarding your activity and/or membership.
21. MTBS' right to terminate service
MTBS reserves the right to terminate the Service, in full, or in part, at any time, or suspend the Service, in full, or in part, at any time for any length of time. If you are a seller and your listing is withdrawn or altered in accordance with this clause 21, and the cost of your listing would be lower as a result, we will refund you the difference.