1. Access and use of the Website
1.1 Thank you for visiting Thinkswap at http://thinkswap.com.au/ , which is operated by Thinkswap Pty Ltd (ACN 145 082 739).
1.3 Thinkswap reserves the right to change the Website Terms and any other information or aspect of the Website at any time and without liability. Any such changes will be posted on the Website. Please check the Website regularly for changes as your continued use of the Website signifies your acceptance of any changed Website Terms.
2. User Content
2.1 Any person who registers as a user of the Website (User) is responsible for any information, text, graphics, photographs or other content that is sent or uploaded on the Website by him/her or by anyone working on his/her behalf (User Content). Thinkswap is not liable or responsible for any User Content or any damage or loss that may arise in respect of User Content.
2.2 You must not use the Website to:
(a) upload or send any content (including User Content) that is or may be considered material that:
(i) is illegal, abusive, harassing, threatening, defamatory, offensive, humiliating, vulgar, obscene, pornographic, racist, discriminatory or invasive of another's privacy;
(ii) contains plagiarism;
(iii) infringes the intellectual property of another party;
(iv) is not owned by you;
(v) constitutes a breach of any university's intellectual property policy;
(vi) is false or misleading;
(vii) constitutes criminal content or content that might encourage any criminal activity or otherwise constitutes a basis for legal proceedings;
(viii) contravenes or may contravene laws, regulations or any applicable codes, standards or policies (including those of the academic institution at which you are undertaking studies) in any way;
(ix) disturbs or damages the Website or the services offered by Thinkswap;
(x) causes any damage to Thinkswap, another User or any third party; or
(xi) breaches the Website Terms.
(b) transmit any unsolicited or unauthorised advertising, promotional materials, spam or similar materials; or
(c) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
(d) collect any available personal information on the Website on other individuals or to upload personal information of other individuals, including their names, address, phone number or any other identifying information; or
(e) use the Website for any unlawful purpose.
2.3 You will not violate or attempt to violate the security of the Website. You will not hack into the Website, Thinkswap’s computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, spamming, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
2.4 You represent and warrant that:
(a) you have all right and authority to upload your User Content;
(b) you are the sole owner of the intellectual property rights in your User Content;
(c) your User Content does not infringe the intellectual property rights (or any other proprietary rights or privacy rights) of any third party; and
(d) your User Content does not contain any plagiarism and does not breach any university intellectual property policy.
2.5 You have the right to request the removal of your User Content from the Website by sending a written notice to Thinkswap or emailing Thinkswap at [email protected]. Thinkswap has the right, in its sole discretion and for any reason, to remove any User Content from the Website without prior notice to the relevant User.
3. Thinkswap's rights in respect of User Content
3.1 You grant Thinkswap an irrevocable non-exclusive licence to use, distribute, reproduce, modify, adapt, publish, translate, publicly display your User Content (in whole or in part) in any way and in any format or medium and for any purpose, connected with the business of Thinkswap (including for the purposes of promotional activities for the Website).
3.2 Thinkswap is not required to host, display or distribute your User Content and has the right, in its sole discretion and for any reason, to refuse access, refuse service, terminate your account, delete, change, edit, convert formats, refuse to publish or upload or to remove any of your User Content, without prior notice to you.
3.3 You agree to indemnify Thinkswap for any and all loss or damage arising from a breach of these Website Terms by you, unauthorised use of any content on the Website and/or any claim brought against Thinkswap in respect of your User Content.
3.4 You acknowledge the unauthorised use of the contents of the Website could cause irreparable harm to Thinkswap and that in the event of unauthorised use, Thinkswap shall be entitled to an injunction in addition to any other remedies available at law or in equity.
4. Laws, regulations, codes and policies of your academic institution
4.1 You must not use any User Content (for the avoidance of doubt, being either your User Content or that of any other User) in any way that violates the laws, regulations, codes or policies of the academic institution at which you are undertaking your studies (Academic Institution Regulations).
4.2 You acknowledge that User Content is not intended to be a substitute for lectures, workshops or other activities held at your academic institution and you agree that Thinkswap will not be liable for your level of success or failure in your studies.
4.3 Academic Institution Regulations may prescribe circumstances under which copyright in a work that you create may be owned by or shared with that academic institution. You warrant that you have read the Academic Institution Regulations applicable to you, that they do not affect your sole ownership of copyright in your User Content and that your uploading of User Content to the Website does not infringe those Academic Institution Regulations.
4.4 You accept that Thinkswap may provide authorities at academic institutions with access to User Content for the sole purpose of ensuring that work has not been plagiarised, copied or otherwise derived from User Content.
5. Purchasing and exchanging User Content
5.1 After you have completed the registration process to become a User, you may share, exchange and purchase User Content with other Users.
5.2 Your User Content may be offered for sale or exchange to other Users and you may also purchase or exchange User Content uploaded by other Users. The price set for User Content will be determined by Thinkswap.
6.1 To the extent you make any payments by credit card for goods and services provided on the Website or by Thinkswap generally, you warrant that you are an authorised user of the credit card used to complete payment in accordance with the Website Terms. Thinkswap accepts Visa, MasterCard and AMEX only.
6.2 Payment is made in Australian dollars. If you pay for your product in any currency other than Australian dollars, the amount you have paid for your product will be subject to foreign exchange rate fluctuations.
7. Your account
7.1 You are responsible for maintaining the confidentiality of your account and passwords and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
7.2 If you are accessing and using the Website on someone else's behalf, you represent that you have the authority to bind that person as a principal to all the Website Terms, and you agree to accept liability for harm caused by any wrongful use of the Website resulting from such access or use. Thinkswap is entitled to act on instructions received under your user details.
7.3 Thinkswap cannot and will not be liable for any changes made to your user details by another person using your user details, or for any loss or damage arising from your failure to adequately protect your user details.
8. Intellectual Property
8.1 As between Thinkswap and you, subject to any applicable laws, regulations, code or policies (including those of your academic institution), Thinkswap retains ownership of User Content submitted by you.
8.2 Subject to payment for the relevant User Content, you may download and view the User Content on the Website.
8.3 Except for User Content which is owned and submitted by you, reproduction of part or all of the contents in any form of the Website (including User Content) is prohibited other than for individual use only and it may not be recopied and shared with a third party.
8.4 Unless otherwise noted, all materials and content on the Website are protected as copyright, trade dress, trademarks and/or other intellectual properties owned by Thinkswap or by other parties that have licensed their material to Thinkswap or otherwise given permission to Thinkswap to use the material.
8.5 Thinkswap’s trademarks on this site represent some of the trade marks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by Thinkswap.
9. Notice and Take Down Processes
9.1 Thinkswap may, in its sole discretion, remove User Content including User Content that violates intellectual property and copyright laws or contains plagiarism, suspend access to the Website to any User who uses the Website in breach of copyright laws and/or terminate the account of any User who uses the Website in breach of copyright laws.
9.2 If you believe your copyright is being infringed, please provide written notice and details of the alleged copyright infringement to Thinkswap by emailing us at: [email protected]
10.1 Your use of the Website is at your own risk and any use by you or reliance that you place on content on the Website (including User Content) will be your responsibility.
10.2 Thinkswap acts as a distributor, not as a publisher of User Content (which is supplied by third parties and users) and therefore has limited quality control over User Content. Subject to Thinkswap’s rights to edit User Content, the User Content is published on the Website "as is", and to the extent permitted by law, neither Thinkswap nor any party involved in creating, producing or delivering the Website accepts any liability or responsibility for:
(a) the accuracy, timeliness, credibility, quality, utility or completeness of the information contained on the Website (including User Content); or
(b) any errors or omissions in the content on the Website (including User Content) whether or not Thinkswap is aware of such errors or omissions; or
(c) any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue of profit, or loss or corruption of data arising out of your access to, or use of, or inability to use or access the Website (including User Content), whether arising in tort or contract (including loss or damage caused as a result of a violation of copyrights, intellectual property, trademarks, commercial secrets or any other protected property or unprotected property).
10.3 Thinkswap does not guarantee that the functions contained or services provided on the Website will be uninterrupted or error free and does not warrant that the Website or its server is free of computer viruses, bugs or other harmful components or that defects will be corrected even if Thinkswap is aware of them.
10.4 The Trade Practices Act 1974 and similar State and Territory legislation in Australia may confer rights and remedies on you which cannot be excluded, restricted or modified. Where it is permitted to do so, Thinkswap limits its liability for breach of any implied warranty, condition or undertaking which cannot be excluded, at the option of Thinkswap, to:
(a) in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
(b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
11. Links to external sites
11.1 The Website may feature some links that will allow you to connect with sites that are not under Thinkswap’s control. Thinkswap is providing these links only for convenience purposes. The appearance of a link does not imply Thinkswap’s endorsement, nor is Thinkswap responsible for the contents of any linked site. You access them at your own risk. Subject to any non-excludable rights, Thinkswap disclaims all warranties, express and implied, as to the accuracy, value, legality or otherwise for any materials or information contained on such sites.
12. Force Majeure
12.1 Thinkswap will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause that is beyond Thinkswap’s reasonable control.
13.1 The Website Terms are not subject to any terms or conditions proposed by you unless those terms or conditions are expressly accepted by Thinkswap in writing.
13.2 Failure of either party to enforce any right it has under the Website Terms will not be construed as a waiver of those rights, nor limitation upon the party's ability to subsequently exercise those rights.
13.3 If any term contained in the Website Terms is held to be void, invalid or unenforceable, then the provision is severed to the minimum extent required, and the remaining terms of the Website Terms will remain in full force and effect.
13.4 All rights not expressly granted are reserved.
14. Governing law
14.1 The Website Terms will be governed by the laws of New South Wales, Australia, and shall be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any of the Website Terms are found to be unenforceable under New South Wales Law, this will not affect the remainder of the Website Terms.