Website Terms and Conditions

libris.au (Site) is owned and operated by Libris Pty Ltd (ACN 643 327 146), registered in Victoria (Owner). In these terms and conditions (Terms), us, we and our refer to the Owner, and you or your refers to you, the end user.

The Site is the marketing and information website for our software product, Libris back office (Libris). All notices, enquiries and complaints in connection with the Site can be communicated to us at office@libris.au.

By using the Site you agree to be bound by these Terms. If you do not agree with these Terms, you must stop using the Site and leave it immediately.

We may change, update or amend these Terms at our discretion. Where we do so, we will publish the updated Terms on the Site and take reasonable steps to notify you of any material changes (such as by email or a prominent notice on the Site). Your continued use of the Site after the updated Terms are published constitutes your acceptance of the changes. If you do not agree with the updated Terms, you must stop using the Site.

These Terms apply only to your use of the Site, which is our marketing and information website. They do not govern your access to or use of Libris itself. Access to and use of Libris, and any part of the Site that requires you to register or log in, is governed by our separate Terms of Service (available at libris.au/terms) and not these Terms. If there is any inconsistency between these Terms and the Terms of Service in relation to Libris, the Terms of Service prevail.

You acknowledge and accept the terms of the Site's Privacy Policy, which is available at libris.au/privacy. The Privacy Policy sets out how we collect, use, store and disclose your personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. By using the Site and providing us with your personal information, you consent to us collecting and handling your personal information in accordance with the Privacy Policy.

You agree that you will not do anything that would compromise our compliance with our Privacy Policy, nor do anything contrary to the Privacy Policy in connection with your use of the Site.

We may amend the Privacy Policy from time to time. Where we make material changes to the Privacy Policy, we will take reasonable steps to notify you (such as by posting a notice on the Site or sending you an email).

You are granted a non-exclusive, limited and revocable licence to access the Site and use its functionality on the condition that:

1. (a)
   you are over the age of 18;
2. (b)
   you only use the Site for lawful purposes;
3. (c)
   you do not engage in any improper, indecent or offensive behaviour while using the Site;
4. (d)
   you are not breaking any local, state or federal law in your relevant jurisdiction (or in Victoria) by accessing the Site; and
5. (e)
   you treat the Site and its users with respect and do not engage in any conduct that could be considered bullying, harassment, degradation or otherwise demeaning to any other person (as determined by us).

Some areas or features of the Site, and Libris itself, may require you to register or log in. Your access to and use of those areas and of Libris is governed by our Terms of Service, and not these Terms.

By using the Site, you agree that, to the maximum extent permitted by law, we accept no responsibility for the Site or any of its services being unavailable, and we make no warranties or guarantees, implied or express, as to the ongoing availability of the Site or any of its services. Nothing in this clause is intended to exclude or limit any consumer guarantee under the Australian Consumer Law that cannot lawfully be excluded.

To the maximum extent permitted by law, you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Site or parts of it.

We may change, update or otherwise amend the Site at our discretion. Where a change materially affects your use of the Site, we will take reasonable steps to notify you.

Any content you upload to, or submit through, Libris is governed by our Terms of Service. If you submit content to us through the Site (for example, through an enquiry or contact form), you warrant that it is, to the best of your knowledge, accurate, lawful, not misleading or deceptive, and does not infringe the intellectual property or other rights of any third party.

You are liable for, and indemnify us against, any and all liability, loss, costs and expenses arising from or incurred in connection with your breach of any warranty in these Terms.

We make no warranties as to the accuracy of any content posted by any user of the Site and accept no liability for errors or omissions in general.

We reserve the right, at our absolute discretion, to remove, amend, edit or otherwise change any post or upload by a user of the Site. Without limiting the foregoing, we may remove content where required to comply with our obligations under the Online Safety Act 2021 (Cth) or as directed by the eSafety Commissioner.

All content on the Site is the copyright of the Owner. Without our express written permission, you must not replicate all or part of the Site in any way, or incorporate all or part of the Site in any other webpage, site, application or other digital or non-digital format.

We have moral and registered rights in our trade marks, and you must not copy, alter, use or otherwise deal in the marks without our prior written consent.

You agree that you will not copy or use the Site for your own commercial purposes, and will not solicit users of the Site to join a competing site or to stop using the Site in preference for another site offering comparable services. You indemnify us for any loss or damage we suffer as a result of your breach of this warranty.

You must not, and must not permit or enable any other person or system to, without our prior express written consent:

1. (a)
   use, copy, extract, harvest, scrape, mine, index or otherwise collect any content or data from the Site (whether by automated means, bots, crawlers, spiders, scripts or otherwise) for any purpose for which we have not granted you a licence; or
2. (b)
   use any content or data obtained from the Site to develop, train, fine-tune, validate, benchmark or otherwise improve any artificial intelligence, machine learning or large language model, dataset or other algorithmic system. Any such use is expressly prohibited and constitutes a material breach of these Terms, and we reserve all rights and remedies available to us at law or in equity in respect of any such conduct.

The Site may contain information and advertising from third-party businesses, people and websites (Third Parties). You consent to receiving this information as part of your use of the Site.

We are not responsible for any information transmitted by Third Parties, or liable for any reliance you place on information or statements conveyed by Third Parties or in relation to your dealings with them, nor are we responsible for the accuracy of any advertisements.

You agree that you use the Site at your own risk.

You acknowledge that we are not responsible for the conduct or activities of any user and are not liable for such under any circumstances.

You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of your breach of these Terms or any unlawful or negligent act or omission by you in connection with the Site.

To the maximum extent permitted by law, we will not be liable for any incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, use of, or inability to use the Site or any content, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage. Nothing in this clause excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited.

Certain rights and remedies may be available under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or similar legislation of any State or Territory that cannot be excluded, restricted or modified (Non-Excludable Guarantees). Apart from the Non-Excludable Guarantees, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any Non-Excludable Guarantee (other than a major failure as defined in the Australian Consumer Law) is restricted, at our option, to the re-supply of the services or payment of the cost of re-supply, or the replacement or repair of goods or payment of the cost of replacement or repair.

Either party may end the agreement arising from these Terms immediately for any reason by giving the other party written notice. Where this agreement has been terminated, you must immediately cease using the Site. Upon termination, we will handle your personal information in accordance with our Privacy Policy and the Privacy Act 1988 (Cth), including by taking reasonable steps to destroy or de-identify personal information we no longer need.

We reserve the right to remove any content from the Site that you post which is the subject of a complaint by another user, regardless of whether that complaint is justified or reasonable.

You agree to remove any contentious content immediately upon request by us.

If you have a complaint about content on the Site, you should report it to us immediately. We may or may not investigate your complaint, depending on its nature.

If you have a dispute with us or another user in connection with the Site, you must report the dispute to us so that we may investigate and assist in its resolution where possible.

We will send you notices and other correspondence to the details you submit to the Site or notify us of from time to time. It is your responsibility to notify us of any change to your contact details. Email notice from us to you is effective notice under these Terms.

You acknowledge that you have not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms.

The relationship between us and you under any agreement arising from these Terms does not form a joint venture or partnership.

No clause of this agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.

Any agreement arising from these Terms is governed by the laws of Victoria, and you agree to submit to the non-exclusive jurisdiction of the courts of that State.

Any clause of these Terms which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses.

The termination of any agreement arising from these Terms does not affect the parties' rights in respect of periods before termination.

Any agreement arising from these Terms is part of an ecommerce transaction, and the parties agree that the agreement is accepted electronically and validly formed and entered into electronically in accordance with the Electronic Transactions (Victoria) Act 2000 (Vic) and the Electronic Transactions Act 1999 (Cth).