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Bookbot Pre-Order

For $99 USD, you get an unlimited lifetime subscription. And, you get to join the very first group of people to own Bookbot. This is a wonderful opportunity to save money in the long run (your subscription NEVER runs out), and to own Bookbot before everyone else.

Access September 2017

Approximate conversion from $130.00 AUD

Terms & Conditions

1. Acceptance of Terms

The services that Bookbot Pty Ltd provides to User is subject to the following Terms of Use ("TOU"). Bookbot Pty Ltd reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.

A. This Agreement, which incorporates by reference other provisions applicable to use of BookbotKids.com and the Bookbot app, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in BookbotKids.com and the Bookbot app, sets forth the terms and conditions that apply to use of BookbotKids.com and the Bookbot app by User. By using Bookbot Pty Ltd (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use BookbotKids.com and the Bookbot app is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any. 

B. Bookbot Pty Ltd shall have the right at any time to change or discontinue any aspect or feature of BookbotKids.com and the Bookbot app, including, but not limited to, content, hours of availability, and equipment needed for access or use.

2. Changed Terms

Bookbot Pty Ltd shall have the right at any time to change or modify the terms and conditions applicable to User's use of BookbotKids.com and the Bookbot app, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on BookbotKids.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of BookbotKids.com and the Bookbot app by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.

3. Description of Services

Through its Web property, Bookbot Pty Ltd provides User with access to a variety of resources, including download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

4. Payments and Cancellations

Information on our subscription fee can be found on the Bookbot pricing page https://www.bookbotkids.com/pricing. It will remain fixed during the subscription term, until reading profiles are added or removed.

Charges are processed using your preferred payment method (Credit Card, PayPal or in-app purchase). All fees may be exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Downgrade or Upgrade: A downgrade or upgrade in plan level, will result in a prorated credit of the remaining billed month or year, with the new rate being charged immediately.

Cancellation: You are solely responsible for properly cancelling your account. An email or support request to cancel your account is not considered a cancellation. You can cancel your account by visiting the Account Management link found in the footer of the page. If you need assistance you may also use the Support or Contact  link found in the footer of the web site.

If you cancel your subscription before the end of your current paid up month or year, you will not be charged again. However, you will still have access to the content from the app until the end of that term. Payments referred to herein shall not be refundable under any circumstances, including but not limited to the termination of this agreement for whatever reason.

The company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service for any reason at any time. Such termination of the service will result in the deactivation or deletion of your account or access to the Bookbot app, and the forfeiture and relinquishment of all content in your account. Bookbot Pty Ltd reserves the right to refuse service to anyone for any reason at any time.

5. Equipment

User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of BookbotKids.com and the Bookbot app and all charges related thereto.

6. User Conduct

A. User shall use BookbotKids.com and the Bookbot app for lawful purposes only. User shall not post or transmit through BookbotKids.com and the Bookbot app any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Bookbot Pty Ltd 's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Bookbot Pty Ltd 's discretion restricts or inhibits any other User from using or enjoying BookbotKids.com and the Bookbot app will not be permitted. User shall not use BookbotKids.com and the Bookbot app to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Bookbot Pty Ltd.

BBookbotKids.com and the Bookbot app contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of BookbotKids.com and the Bookbot app are copyrighted as a collective work under the Australian copyright laws. Bookbot Pty Ltd owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Bookbot Pty Ltd and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material. 

C. User shall not upload, post or otherwise make available on BookbotKids.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of BookbotKids.com, User automatically grants, or warrants that the owner of such material has expressly granted Bookbot Pty Ltd the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants Bookbot Pty Ltd the right to edit, copy, publish and distribute any material made available on BookbotKids.com and the Bookbot app by User.

D. The foregoing provisions of Section 5 are for the benefit of Bookbot Pty Ltd, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

7. Use of Services

The communications between you and us use electronic means, whether you use our website or send us emails, or whether we post notices on our website or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:  

• Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).  

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.  

• Promote bigotry, racism, hatred or harm against any group or individual. 

• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information. 

• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.  

• Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.  

• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.  

• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.  

• Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.  

• Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.  

• Restrict or inhibit any other user from using and enjoying the Communication Services.  

• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.  

• Harvest or otherwise collect information about others, including e-mail addresses. 

• Violate any applicable laws or regulations. 

• Create a false identity for the purpose of misleading others.  

• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.  

• Access our website in order to build a similar or competitive website, product, or service.

Bookbot Pty Ltd has no obligation to monitor the Communication Services. However, Bookbot Pty Ltd reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Bookbot Pty Ltd reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Bookbot Pty Ltd reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Bookbot Pty Ltd's sole discretion.  

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.  

Always use caution when giving out any personally identifiable information in any Communication Services. Bookbot Pty Ltd does not control or endorse the content, messages or information found in any Communication Services and, therefore, Bookbot Pty Ltd specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorised Bookbot Pty Ltd spokespersons, and their views do not necessarily reflect those of Bookbot Pty Ltd.

8. Member Account, Password, and Security

If any of the Services requires User to open an account, User must complete the registration process by providing Bookbot Pty Ltd with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Bookbot Pty Ltd immediately of any unauthorised use of User’s account or any other breach of security. Bookbot Pty Ltd will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Bookbot Pty Ltd or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.

You agree not to access or use our website in any manner that could damage, disable, overburden or impair any of our accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of our website or any of our accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of our website or any of our accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access our website or any of our accounts, computer systems or networks without our express written permission

9. Notice Specific to Software Available on This Website

Any software that is made available to download from the Services ("Software") is the copyrighted work of Bookbot Pty Ltd and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.  

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.  

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, BBOOKBOT PTY LTD HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  

FOR YOUR CONVENIENCE, BOOKBOT PTY LTD MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. BOOKBOT PTY LTD DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES.

10. Notice Specific to Documents Available on This Website

Permission to use Documents (such as white papers, press releases, data-sheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.  

BOOKBOT PTY LTD AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BOOKBOT PTY LTD AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL BOOKBOT PTY LTD AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.  

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BOOKBOT PTY LTD AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

11. Notices Regarding Software, Documents and Services Available on This Site

IN NO EVENT SHALL BOOKBOT PTY LTD AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

12. Materials Provided to Bookbot Pty Ltd OR Posted At Any of Its Websites

Bookbot Pty Ltd does not claim ownership of the materials User provide to Bookbot Pty Ltd (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User’s Submission User is granting Bookbot Pty Ltd, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all Bookbot Pty Ltd Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.  

No compensation will be paid with respect to the use of User’s Submission, as provided herein. Bookbot Pty Ltd is under no obligation to post or use any Submission User may provide and Bookbot Pty Ltd may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.  

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sub-licenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images and (d) all so-called moral rights in your content have been waived to the full extent allowed by law. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.

Excluding any of your content that you may provide, you acknowledge that all of the intellectual property and other proprietary rights in and to our website and the Content are owned by us and our licensors.  Neither these Terms of Use (nor your access to our website) transfers to you or any third party any rights, title or interest in or to such intellectual property or other proprietary rights, except for the limited right to use our website as expressly set forth above. There are no implied licenses granted under these Terms of Use.  All right, title and interest not expressly granted with respect to our website and its Content are reserved by us.

We respect the intellectual property rights of others and expect the users of our website to do the same. We will respond to notices of claimed copyright infringement that comply with applicable law and are properly provided to us. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (a) identification of the copyrighted work claimed to have been infringed, (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, (c) information reasonably sufficient to permit us to locate the material, (d) your contact information, including your full name, mailing address, telephone number and, if available, email address, (e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law, (f) a statement that the information in the notice is accurate, (g) a statement under penalty of perjury that you are authorized to act on behalf of the copyright owner and (h) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

 

We reserve the right to remove or disable access to content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances and at our sole discretion, we will also disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. Our designated copyright agent for notice of alleged copyright infringement appearing on our Products is:

Bookbot

21/357 Collins St.

Melbourne, Vic

Australia 3000

team@bookbotkids.com  

Each of our website users is solely responsible for any and all of its own content.  Because we do not control content of the users of our website, you agree that we are not responsible for any content of our website users, whether provided by you or by others.  We make no guarantees regarding the accuracy, currency, suitability or quality of any content of our website users.  Your interactions with other website users are solely between you and such users.  You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any of our website users, we are under no obligation to become involved in such dispute or to resolve such dispute.

We have no obligation to monitor our website or screen its content provided by you or others.  However, we reserve the right to review our website and its content and to monitor all activity on our website, and to remove or choose not to make available any content in our sole discretion without notice.

13. Disclaimer of Warranty; Limitation of Liability

A. USER EXPRESSLY AGREES THAT USE OF BookbotKids.com AND THE BOOKBOT APP IS AT USER'S SOLE RISK. NEITHER BOOKBOT PTY LTD, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT BookbotKids.com AND THE BOOKBOT APP WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BookbotKids.com AND THE BOOKBOT APP , OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH BookbotKids.com AND THE BOOKBOT APP.

B. BookbotKids.com AND THE BOOKBOT APP IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. 

C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT BOOKBOT PTY LTD IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

D. IN NO EVENT WILL BOOKBOT PTY LTD, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING BookbotKids.com OR THE BOOKBOT PTY LTD SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE BookbotKids.com AND THE BOOKBOT APP. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, BOOKBOT PTY LTD, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR INAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN BookbotKids.com AND THE BOOKBOT APP, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

F. PRIOR TO THE EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. BOOKBOT PTY LTD, ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. NEITHER, BOOKBOT PTY LTD, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

G. FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.

14. Links to Third Party Sites

THE LINKS IN THIS AREA WILL LET YOU LEAVE BOOKBOT PTY LTD'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF BOOKBOT PTY LTD AND BOOKBOT PTY LTD IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. BOOKBOT PTY LTD IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. BOOKBOT PTY LTD IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY BOOKBOT PTY LTD OF THE SITE.  

Bookbot Pty Ltd is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Bookbot Pty Ltd has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of BookbotKids.com and , are those of the respective author(s) or distributor(s) and not of Bookbot Pty Ltd. Neither Bookbot Pty Ltd nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.  

In many instances, the content available through BookbotKids.com the Bookbot app represents the opinions and judgments of the respective information provider, User, or other user not under contract with Bookbot Pty Ltd. Bookbot Pty Ltd neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on BookbotKids.com and the Bookbot app by anyone other than authorised Bookbot Pty Ltd employee spokespersons while acting in their official capacities. Under no circumstances will Bookbot Pty Ltd be liable for any loss or damage caused by a User's reliance on information obtained through BookbotKids.com and the Bookbot app. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Bookbot Pty Ltd. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

15. Term and Termination

These Terms of Use will remain in full force and effectwhile you use our website.  We may suspend or terminate your rightsto use our website (including your account) at any time for any reason at oursole discretion, including for any use of our website in violation of theseTerms of Use.  Upon termination of your rights under these Terms of Use,your account and your right to access and use our website will terminateimmediately.  You understand that any termination of your account mayinvolve deletion of your content associated with your account from ourdatabases.  We will not have any liability whatsoever to you for anytermination of your rights under these Terms of Use, including for terminationof your account or deletion of your content.  All terms andconditions of these Terms of Use that by their nature are intended to surviveany termination of these Terms of Use shall so survive.

16. Governing Law; Dispute Resolution

These Terms of Use shall be governed by the laws of Melbourne, Victoria, Australia, without regard to its conflict of law principles. In the event of a dispute regarding these Terms of Use, upon written demand of a party, the dispute shall be resolved exclusively by final and binding arbitration. Arbitration will be conducted exclusively in the Melbourne,Victoria, Australia by the Victorian Civil and Administrative Tribunal (VCAT) pursuant to the Victorian Civil and Administrative Act of then in effect before a single neutral arbitrator with substantial experience in resolving commercial contract disputes. Each party shall bear its own expenses, and the two parties will share equally the fees of the arbitrator. Judgment upon the award so rendered may be entered in any court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.Notwithstanding anything in these Terms of Use to the contrary, we shall have the right to seek injunctive or other equitable relief in any court of competent jurisdiction, without first submitting such matter to arbitration. If any action is pursued to enforce these Terms of Use, the prevailing party shall be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which such party may be entitled. EACH PARTY HEREBY WAIVES ITS RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING REGARDING THESE TERMS OF USE.  ALL DISPUTES REGARDING THESE TERMS OF USE MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

17. Entire Agreement

These Terms of Use constitute the entire agreementbetween you and us regarding the use of our website. Our failure to exercise orenforce any provision of these Terms of Use shall not operate as a waiver of suchprovision. If any provision of this Agreement is declared or found to beunenforceable, then such provision will be stricken or modified to the extentnecessary to make it enforceable while preserving the parties’ original intentto the maximum extent possible. The remaining provisions of this Agreement willremain in full force and effect.  Your relationship with us is thatof an independent contractor, and neither party is an agent or partner of theother.  These Terms of Use, and your rights and obligations herein,may not be assigned, subcontracted or otherwise transferred by you without ourprior written consent, and any attempted assignment, subcontract or transfer inviolation of the foregoing will be null and void.  We may freely assign,subcontract or transfer these Terms of Use.  The terms and conditionsset forth in these Terms of Use shall be binding upon permitted assignees andsuccessors.