THESE ARE NOT SHORT AND WE APOLOGISE.  (MAYBE IT’S BECAUSE LAWYERS PRACTICALLY GET PAID BY THE WORD – NOW WOULDN’T THAT BE NICE!)

HOWEVER, IN ORDER TO BEST PROTECT YOUR WORK AND THIS WEBSITE, THEY ARE ESSENTIAL. PLEASE BE SURE TO READ THEM CAREFULLY.  YOU CAN PRINT AND SAVE A COPY TO YOUR COMPUTER.

TERMS AND CONDITIONS

Welcome to Bookhabit, where Vendors can display and sell their Content (such as ebooks) to Customers and Customers can purchase Content (such as ebooks) direct from Vendors.  Please read these Terms and Conditions carefully as they are the terms and conditions that you agree to when using the Bookhabit service and the Bookhabit website. 

These Terms and Conditions are comprised of the following four parts:

A.         General Terms – applying to Vendors, Customers and Users of the Bookhabit website;

B.         Website Terms – applying to Users of the Bookhabit website (including Users who are Vendors or Customers);

C.         Vendor Terms – applying to Vendors only (in addition to Parts A and B);

D.         Customer Terms – applying to Customers only (in addition to Parts A and B).

Bookhabit.com is owned and operated by Bookhabit Online Ltd, PO Box 11198, Wellington, New Zealand.

 
PART A – GENERAL TERMS

1. Terms and Conditions form the agreement
1.1 These Terms and Conditions (last updated on 2 March 2008) form the agreement which governs a User’s, Customer’s and Vendor’s relationship with Bookhabit and the relationship between Vendor and Customer.  

1.2 By registering as a Vendor or a Customer or by using the Bookhabit website as a User you agree to be bound by these Terms and Conditions.  Accordingly, we encourage you to print and keep a copy of these Terms and Conditions for your reference.

1.3 Bookhabit may amend these Terms and Conditions in whole or in part from time to time, without notice.   When the Terms and Conditions are changed, Bookhabit will make a posting on the Bookhabit site regarding the change. You agree to review the Terms and Conditions from time to time.  If you do not agree to be bound by any changes and you are a:

(a) Vendor, you must promptly notify Bookhabit to end registration as a Vendor, remove any of your Content and discontinue your use of the Bookhabit service and the Bookhabit website;

(b) Customer that is a Registered User, you must promptly notify Bookhabit to end registration as a Customer and discontinue your use of the Bookhabit service and the Bookhabit website;

(c) Customer that is a Guest Visitor or a User, you must discontinue your use of the Bookhabit website.
If you do not do all of these things (as apply to you as a Vendor, Customer or User) and/or you continue to use the Bookhabit service and/or the Bookhabit website after Bookhabit has posted a change to these Terms and Conditions, you are deemed to have agreed to be bound by all of the changes. 

1.4 Bookhabit may terminate or suspend these Terms and Conditions immediately for any reason and without prior notice to you.  

1.5 You must also comply with any policy or any other terms contained on the Bookhabit website.  Such policies and terms are deemed to form part of these Terms and Conditions.  Bookhabit reserves the right to amend any such policy or other terms from time to time, at its sole discretion, and without notice to you.

1.6 Bookhabit reserves the right to transfer or assign any of its rights or obligations under these Terms and Conditions to another person (“new Licensee”) without giving you notice and without any need to obtain your consent (a “Licensee Change”).  If you use the Bookhabit service and/or the Bookhabit website after a Licensee Change you agree that:

(a) those rights and obligations which have been transferred to the new Licensee may be exercised and performed by the new Licensee;

(b) Bookhabit is released from performing those obligations which have been transferred to the new Licensee;

(c) all applicable references in these Terms and Conditions to Bookhabit shall be references to the new Licensee; and

(d) if Bookhabit has transferred all of its rights and obligations under these Terms and Conditions then these Terms and Conditions form a new agreement between you and the new Licensee from the date of the Licensee Change.

2. Definitions
In these Terms and Conditions, unless the context otherwise requires, the following terms have the following meanings:
“Account Information” means the information you provide when becoming a Registered User and any changes to it.
“Bookhabit” means Bookhabit Online Limited.
“Bookhabit service” means the service provided by Bookhabit by which Vendors can sell a copy of Content to Customers and Customers can purchase a copy of Content from Vendors.  This service includes the provision of a marketing service and a payments collection and processing service.
“Bookhabit website” means this website.
“Content” means the digital material that a Vendor uploads to the Bookhabit website for sale through the Bookhabit service, such as ebooks.
“Customer” means a person who purchases Content from Vendors.  A Customer may be a Registered User or a Guest Visitor.
“GST” means tax levied under the New Zealand Goods and Services Tax Act 1985.
“Guest Visitor” means a User, other than a Registered User.
“Login Name” means the unique name by which a Registered User logs in to the Bookhabit service.
“Password” means the password chosen by a Registered User in respect of their Login Name.
“PayPal” means PayPal Inc., and a reference to using PayPal means using the service provided by PayPal.  For further details refer to www.paypal.com.
“Registered User” means a person who registers with Bookhabit in accordance with clause 4 of Part A of these Terms and Conditions.
“Terms and Conditions” means these terms and conditions, as amended from time to time.
“User” means a person who uses the Bookhabit service and includes Vendors and Customers.
“Vendor” means a Registered User who uploads Content to the Bookhabit website for sale to Customers.
“you” means a person, being a Vendor, Customer or User, who is subject to these Terms and Conditions.

3. How the Bookhabit service and Bookhabit website works
3.1 Bookhabit provides a venue (effectively a virtual marketplace) in which Vendors may sell a copy of Content in a digital form to Customers.  As a Vendor you sell the copy of the Content direct to a Customer via the Bookhabit service and Bookhabit website.  Bookhabit is not selling the Content to Customers.  Bookhabit does not take part in any sale other than by providing the Bookhabit service and Bookhabit website for Vendors to transact with Customers. 

3.2 Bookhabit is not an agent, employee, legal representative, partner or joint venturer of any User for any purpose whatsoever.  In particular, Bookhabit does not act for you or another User as agent for the sale or purchase of any Content.

4. Registering with Bookhabit to become a Registered User
4.1 You may only become a Registered User if you are at least 18 years of age and a contract may be legally enforced against you.  You represent and acknowledge that you have the legal capacity to enter into and be bound by these Terms and Conditions, and that the entering into of these Terms and Conditions does not conflict with any arrangements or agreements between you and any other person or entity.  If you are not at least 18 years of age or a contract is not able to be legally enforced against you then you may not become a Registered User and must have your parent or legal guardian become the Registered User.

4.2 To become a Registered User you must set up an account.  When you set up that account you acknowledge and warrant that you have correctly, accurately and fully completed the information in the Account Profile Form with current information on the Bookhabit website (“My Account”).  In the event that any of your Account Information changes in the future, you must promptly update your Account Information to ensure that the information is accurate and current.  It is your responsibility to keep current all of your Account Information on the Bookhabit website.  Bookhabit may contact you by post or email to confirm or require proof of your details and may check the internet protocol address you are using to confirm the country you have listed as your place of residence.

4.3 Bookhabit reserves the right to decline to register you without notice or discussion with you and may do so if you violate these Terms and Conditions.

4.4 You will have the opportunity to select a Login Name and Password during the registration process.  You may not choose a Login Name that is being used by any other Registered User, impersonates someone else, is protected by trademark or other proprietary right or law, is vulgar or otherwise offensive.  Bookhabit may also refuse the use of a Login Name for any other reason.

4.5 As a Registered User, you agree that:
(a) your choice of Password is at your own risk;

(b) you will keep your Password secret and confidential;

(c) you will not disclose your Password to anyone else, including family or staff of Bookhabit, nor write it down, nor keep it in a file on your computer, nor allow anyone to see it or record it or have the opportunity to see it or record it when you enter it on a computer;

(d) you are solely responsible for the security of your Password, including the computer you use to access the Bookhabit website and you must take reasonable care to protect them from becoming known to any other person;

(e) you will not permit any other person to use your Login Name and Password to access the Bookhabit service and/or Bookhabit website;

(f) you are solely responsible for all use of the Bookhabit service and the Bookhabit website and for any transactions which occur through the use of your Login Name and Password, whether or not you used or authorised the use of your Login Name and Password;

4.6 You may change, and are encouraged to change, your Password at any time. You must immediately change your Password and notify Bookhabit if you believe that the security of your Login Name and Password has been compromised or you become aware of any unauthorised use of them.  You will not be responsible for the unauthorised use of the Bookhabit service and the Bookhabit website which occurs after you have notified Bookhabit that your Login Name and Password have been compromised provided that you request your Login Name to be disabled and Bookhabit has disabled the use of your Login Name.

4.7 In order to use the basic Bookhabit service you are not required to provide any taxpayer information. 

5. Cancelling your Registration
5.1 If you wish to cancel your registration as a Registered User, please contact us with a specific request to do so.  You can contact us by sending an email to support@bookhabit.com.

5.2 Vendors cannot cease to be a Registered User until all Content you have uploaded has been removed.  Until that occurs Bookhabit will not action your request to cancel your registration as a Registered User and these Terms and Conditions will continue to apply to you.

5.3 Bookhabit reserves the right to terminate your registration as a Registered User without notice or discussion with you and may do so if you violate these Terms and Conditions.  If you are a Vendor and Bookhabit terminates your registration as a Registered User, Bookhabit may remove all of your Content from the Bookhabit website.

5.4 Bookhabit may also disable a Registered User’s access to the Bookhabit website without notice to the Registered User if Bookhabit considers that to be necessary to maintain the integrity or security of the Bookhabit website.

5.5 Bookhabit may ban Users who violate any policy contained on the Bookhabit website.

6. Guest Visitors
6.1 Guest Visitors may not purchase Content if they do not meet the requirements to become a Registered User set out in clause 4 of Part A.

6.2 Guest Visitors who are Customers warrant that they meet such requirements and have not had their registration suspended, terminated or cancelled by Bookhabit or been banned from using the Bookhabit website.

7. Complaints procedure
7.1 Any User, upon discovering Content which they believe has been incorrectly classified, may make a complaint to Bookhabit by sending an email to support@bookhabit.com.  

7.2 The complaint will be considered and may result in the re-classification, suspension or removal of the Content at Bookhabit’s sole discretion.

8. Feedback
8.1 Users may provide feedback on any Content by posting it on the Bookhabit website.  All feedback will be regarded as public information.  Bookhabit is free to reproduce, use, disclose, adapt or distribute any feedback or any ideas, concepts, know-how or techniques contained in feedback, without limitation.

8.2 Bookhabit does not make any representations about nor endorses nor accepts any responsibility for the content or views of any feedback.

8.3 Feedback provided must not purport to bind Bookhabit nor contain offensive, defamatory, unlawful or inappropriate language. Bookhabit reserves the sole right to determine what is considered offensive, defamatory, unlawful or inappropriate language and to remove feedback at its discretion.

9. Privacy
9.1 Bookhabit collects your personal data when you become a Registered User and/or any time you access and use the Bookhabit service and/or Bookhabit website.  Bookhabit will set and access cookies to keep track of your status on the Bookhabit website. Please reference your internet browser’s “Help” menu to learn how to change cookie preferences. 

9.2 The information collected by Bookhabit will be held on Bookhabit’s electronic database.  Bookhabit may use a third party to manage the server on which the database resides.

9.3 You agree that Bookhabit may collect and use Account Information and any other personal data collected for the following purposes:

(a) to fulfil Customer requests to purchase Content and otherwise provide the Bookhabit service;

(b) to conduct research;

(c) for statistical purposes;

(d) to contact you;

(e) to enable Bookhabit to assess and make improvements the Bookhabit services and the Bookhabit website.

Bookhabit may also disclose Customer details to Vendors (including the Customer’s country of origin) and Vendor details to Customers in fulfilling a request by a Customer to purchase Content.  Subject to clauses 9.5 and 9.7 of this Part A, Bookhabit will endeavour to limit access to your personal data to only those Bookhabit employees who reasonably need access for these purposes.

9.4 You may view and edit your Account Information at any time by logging on to the Bookhabit website or by contacting us by email at support@bookhabit.com.

9.5 You acknowledge that:
(a) the Login Names of Registered Users and their public contact information may be displayed on the Bookhabit website to other Users;

(b) if you upload personal data in any areas designated for posting and/or sale of Content or for providing feedback, that information will be widely available to other Users.  It is your responsibility to not upload or post any personal data to these areas that you do not want to be accessible by Users.  If Vendors make their personal data available where the Content is available to be viewed or purchased Bookhabit does not guarantee that that personal data will be protected.  Bookhabit does not exercise any control over personal data uploaded or posted in the areas designated for posting and/or sale of Content or for providing feedback.

9.6 Bookhabit is not liable for any loss or damage that may be suffered or incurred due to use of Account Information or personal data that was made available as part of Content or feedback uploaded to, or posted on, the Bookhabit website.

9.7 Bookhabit may disclose personal data under the following circumstances:
(a) in response to subpoenas, court order, other legal process, or as otherwise required by law; 

(b) to establish or exercise Bookhabit’s legal rights or defend against a legal claim;

(c) as necessary to investigate or prevent violations of these Terms and Conditions, suspected illegal activity or threats to the physical safety of another person; 

(d) to Bookhabit’s agents, contractors and partners who work on Bookhabit’s behalf; and 

(e) to any purchaser or potential purchaser of Bookhabit. 

9.8 If you do not provide Account Information and other personal data as required by these Terms and Conditions you will not be able to use the Bookhabit service and Bookhabit website.

10. Limitation of Liability
10.1 Use of the Bookhabit website and the Bookhabit service is at your own risk.

10.2 Bookhabit will not be liable for any damage to your computer, data, software, files or peripherals that may be caused by your use of the Bookhabit website and downloading Content.

10.3 You agree that, to the maximum extent permitted by law, in no event shall Bookhabit or any of its directors, officers, employees, affiliates, agents or third-party licensors be liable to you or anyone else, whether such liability arises in contract, tort (including negligence, gross or otherwise), by statute or otherwise, for any consequential, indirect, special, punitive, incidental or similar damages, loss, cost or liability, or for any loss of data, profit, sales, business or anticipated savings, that you or any other person may incur or suffer directly or indirectly related to or arising from the use or inability to use the Bookhabit services or the Bookhabit website, Content, or any transaction entered into via the Bookhabit website or for any other reason.   

10.4 If for any reason Bookhabit is found to be liable to you, Bookhabit’s liability shall be limited to 10% of the value of the transaction entered into via the Bookhabit website to which the claim for liability arises or if there is no such transaction to which the claim relates Bookhabit will have no liability to you whosoever.  If such a limit is not permitted by law then Bookhabit’s liability shall be limited to the maximum extent permitted by law.

11. Exclusion of warranties
11.1 Bookhabit is not a publisher.

11.2 Bookhabit gives no undertakings, representations or warranties in relation to the Content, including:

(a) the ownership of the copyright of any Content on the Bookhabit website;

(b) the description, quality, accuracy, integrity, completeness, or currentness or legality of the Content;

(c) that downloading Content or use of the Bookhabit website will be successful or that the Bookhabit services and website will be uninterrupted, timely, secure or error free; and

(d) that any such downloading or use will not cause damage to your computer, data, software, files or peripherals.  

11.3 To the maximum extent permitted by law, and without limiting clause 11.2 of this Part A, Bookhabit disclaims and excludes all implied conditions or warranties, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.4 To avoid doubt, no advice or information that is provided to you by Bookhabit shall create any warranty in relation to that advice or information.

12. Indemnification
12.1 You agree to defend, indemnify and keep Bookhabit indemnified from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by Bookhabit to any person arising out of or in connection with your failure to comply with these Terms and Conditions, your failure to complete a transaction, your sale or attempted sale of prohibited Content, or arising out of any Content you submit, post, list, transmit, upload or make available through the Bookhabit services or the Bookhabit website.

13. Miscellaneous
13.1 All provisions of these Terms and Conditions relating to payment, commissions, service fees, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination, expiry or the ending of the agreement between you and Bookhabit.

13.2 If anything happens that is beyond reasonable control of Bookhabit (including, without limitation, wars, sabotage, riots, labour disturbances, failure or delay of transportation, terrorist act, severe weather, natural disaster or act of God), then delays are to be expected and Bookhabit is excused from the performance of its obligations for the duration of the relevant event. Bookhabit shall not be liable for any delay caused by the occurrence of such event beyond its reasonable control.

13.3 As Bookhabit is not a party to a transaction between Vendors and Customers, you agree not to involve or attempt to involve Bookhabit in any dispute or in the resolution of disputes that arise between you and any other User as a result of the use of the Bookhabit service and the Bookhabit website. 

13.4 The delay or failure of Bookhabit to exercise or enforce any right available to it under these Terms and Conditions does not constitute a waiver of that or any other right.

13.5 Every provision of these Terms and Conditions is intended to be severable. If any provision of these Terms and Conditions is found to be invalid or unenforceable, then such provision will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the provision will be deemed removed from these Terms and Conditions and the rest of these Terms and Conditions will remain in full force and effect.

13.6 These Terms and Conditions are governed by New Zealand law.  You submit to the non-exclusive jurisdiction of the New Zealand Courts.

PART B – WEBSITE TERMS

14. Information on the Bookhabit website
14.1 While Bookhabit will take care to make the information it provides on the Bookhabit website is up-to-date and correct, Bookhabit does not warrant that it will be and accepts no responsibility for any errors.

14.2 Bookhabit provides the opportunity for Vendors to upload Content to the Bookhabit website.  You acknowledge that Bookhabit does not control the quality of uploaded Content and agree that Bookhabit is not responsible for any Content and makes no warranties in relation to it. Bookhabit’s staff do not review, monitor or check Content before it is displayed for sale through the Bookhabit website.  Therefore, Bookhabit cannot accept responsibility for the quality of the Content (including spelling and grammatical errors, formatting, design, appearance, etc.).  The Vendor who uploads the Content approves the visual presentation and substance of Content and bears responsibility for its quality and presentation.  Bookhabit may add a sleeve document to the Content.

14.3 Bookhabit may change the information or make improvements to any part of the Bookhabit website, including as to the price or availability of any Content, at any time, without notice.  In the unlikely event that an unauthorised person makes changes to the Bookhabit website or any Content, Bookhabit does not accept responsibility for those changes.  All errors are subject to correction.

15. Availability and access
15.1 Bookhabit will take reasonable measures to ensure that the Bookhabit services and the Bookhabit website are available 24 hours a day, 7 days a week.  There will be times when the Bookhabit services and the Bookhabit website is interrupted for maintenance, upgrades and repairs or as a result of telecommunications and equipment failure that are beyond Bookhabit’s control.  Bookhabit will take steps to minimise such disruption where it is within Bookhabit’s control to do so.  You agree that Bookhabit will not be liable to you for any modification, suspension, discontinuance or lack of availability of the Bookhabit services or the Bookhabit website.

15.2 You are responsible for obtaining access to the Bookhabit service and the Bookhabit website and for the equipment required to achieve this.  To do so may also require the involvement of third parties (such as Internet Service Providers).  You are responsible for all fees charged by third parties in this regard.

15.3 It is up to you to take precautions to ensure that whatever information you select for your use is free of items such as viruses, worms, Trojan horses, or other items of a destructive nature.

16. Links to other websites
16.1 Where Bookhabit provides a link to another website you acknowledge that such a website is independent to the Bookhabit website.

16.2 Bookhabit has no control over the content of any of those websites and does not make any representations about nor endorses nor accepts any responsibility for the content, validity, accuracy, or the use, of any other website.

17. Your obligations as a User
17.1 You agree not to use the Bookhabit service and/or Bookhabit website to:

(a) upload, post or otherwise transmit or disseminate any Content, material or information that is unlawful, tortious, obscene, vulgar, defamatory, pornographic, indecent, lewd, harassing, threatening, hateful, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or racially, ethnically or otherwise objectionable;

(b) modify, publish, transmit, transfer or sell, resell, reproduce, create derivative works from, distribute, perform, profit from its use or display, reverse engineer or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in these Terms and Conditions

(c) infringe the copyright or other intellectual property rights of any other person;

(d) undertake any purpose that is unlawful or not permitted by these Terms and Conditions;

(e) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;

(f) harm anyone, including minors, in any way;

(g) use spam or automated messages, to market or sell Content;

(h) interfere with the operation of the Bookhabit website via the use of viruses, programs or technology designed to disrupt or damage software or hardware, including damaging, disabling, overburdening, or impairing the Bookhabit website or interfering with any other party’s use and enjoyment of the Bookhabit website;

(i) use the Login Name and Password of any Registered User where it is not your Login Name and Password;

(j) attempt to gain unauthorised access to the account of any Registered User or any computer systems or networks associated with the Bookhabit website

(k) employ a robot, spider or other process or device to harvest e-mail addresses or other Account Information or to monitor the activity on the Bookhabit website;

(l) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Bookhabit website.

(m) impersonate another person or entity or to forge any e-mail communication or message; and

(n) transmit or post Content that violates these Terms and Conditions.

17.2 You will not remove or obscure any proprietary rights notices contained in or on the Content.

17.3 Bookhabit does not represent that material on the Bookhabit website is appropriate to or available to Users in locations in all countries.  If you access this Bookhabit website you are responsible for compliance with all applicable local and national laws, rules and codes of practice that apply to you. 

18. Proprietary Rights
18.1 Bookhabit is the owner of:

(a) the design, format and layout of the Bookhabit website;

(b) all intellectual property rights, including all copyright, patents, and trademarks, associated with the Bookhabit services and the Bookhabit website, with all rights reserved, exclusive of the Content provided by Vendors (which is owned by those Vendors) and third party material provided by Bookhabit’s suppliers, agents and partners (which is owned by those parties).

18.2 The Bookhabit logo and the names of all Bookhabit products and/or services as posted or displayed on the Bookhabit website are either trademarks or service marks, or registered trademarks and/or service marks of Bookhabit.

18.3 Bookhabit authorises Users to use the Bookhabit website and to copy materials posted on the Bookhabit website, including such potion of the Content that Bookhabit makes available for download without requiring payment (but excluding Content in excess of that made freely available and third party material) strictly for their own personal, non-commercial use.  A Customer’s right to download Content in excess of that made freely available are as set out in Part D.  Your rights in relation to third party material are as defined by that third party.  This authorisation does not extend to use of the design, format, or layout of this Bookhabit website, which may be further protected under applicable patent, trademark, passing off and copyright laws.   

18.4 All copyright, patent, trademark, and other intellectual property-related notices must remain affixed to any materials downloaded from this website. Failure to maintain such notices voids the authorisation granted above. In granting this authorisation, Bookhabit grants no other right, title, ownership, license, or other property interest in the materials and subject matter posted on the Bookhabit website, and in any intellectual property rights protecting such materials and subject matter.

18.5 Any and all other uses of the materials posted on the Bookhabit website are prohibited. 

18.6 If a User uploads or posts Content, feedback or any other material which infringes copyright Bookhabit will remove that work as soon as it discovers the infringement or is notified of the infringement. 

PART  C – VENDOR TERMS

19. Scope
19.1 Bookhabit agrees to allow Vendors to use the Bookhabit website and Bookhabit service to sell your Content to Customers. 

20. Uploading Content
20.1 Vendors may upload Content to the Bookhabit website by logging in and following the process set out in Bookhabit website for uploading Content.

20.2 You must comply with all requirements of this Part C in uploading Content.

20.3 Upon uploading material the Vendor must classify the Content under one of the options available at step 4 of the uploading process. Where Content is incorrectly classified, Bookhabit reserves the right to change, suspend or remove the Content pending reclassification, which will be at Bookhabit’s sole discretion.

21. Copyright
21.1 When you submit your Content to the Bookhabit service and the Bookhabit website you keep all intellectual property in the Content including any copyright, but you grant Bookhabit the right to display that work on the Bookhabit website, subject to these Terms and Conditions and within the guidelines you set during the uploading process.  

21.2 You agree that Bookhabit may make reasonable use of your Content for marketing and may make minor formatting or technical modifications to your Content for administrative reasons (including the addition of a sleeve document).  You will be credited where your Content is used in marketing and will be notified where possible.  Bookhabit will not make generally available any information that you have classified as being only available through a direct link, but will make it available to any User that accesses it through the direct link.

21.3 You must not submit any Content or other work for which you are not the copyright owner. 

21.4 You permit Bookhabit to make such portion of any Content as Bookhabit considers necessary available for download by Users without charge.  Typically this will comprise the first chapter of the Content.

21.5 As a Vendor, when a copy of your Content is sold you sell it as data in the form of a digital signal and you grant to Customers (and you authorise Bookhabit to grant to Customers) the rights in relation to that Content set out in Part D of these Terms and Conditions.  You do not sell or license or give the Customer any copyright or other intellectual property in the Content.  

21.6 To the maximum extent permitted by law, Bookhabit will have no liability to Vendors if Customers, Users or any other person violates these Terms and Conditions, a Vendor’s intellectual property rights in Content, or any other copyright agreements or arrangements already in place.

22. The Content
22.1 By uploading Content to the Bookhabit service and the Bookhabit website you represent and warrant that the Content (on the date of upload and on every other date until it is removed):

(a) is owned by you or, to the extent owned by someone else, that you have permission to provide the Content to the Bookhabit service and Bookhabit website for sale to Customers and, in either case, that the Content does not contain any personal information about any individual other than you;

(b) does not violate any copyright, trademark, trade secret or other intellectual property right;

(c) does not invade any individual’s right of privacy or publicity;

(d) does not contain material that is unlawful, tortious, obscene, vulgar, defamatory, pornographic, indecent, lewd, harassing, threatening, hateful, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or racially, ethnically or otherwise objectionable; 

(e) does not include malicious code, which includes, without limitation, viruses, worms, or any other computer programmes or routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information;

(f) does not break the law, facilitate the breaking of the law, or violate any applicable regulation, industry code or Bookhabit rule or policy;

(g) does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial Content such as that found in advertising, promotions, or solicitations;

(h) to the best of your knowledge, all factual information in the Content you upload is true and accurate, and the use of any recipe, formula, or instruction in the Content will not result in personal injury to any person;

(i) complies with any other requirement set out in any policy contained on the Bookhabit website.

22.2 The Vendor also warrants that:

(a) Bookhabit is not required to obtain any consent, licence, permit, approval, classification, rating or registration in any jurisdiction to enable the Vendor’s Content to be uploaded to the Bookhabit website, displayed on the Bookhabit website or sold through the Bookhabit service;

(b) it has obtained and will maintain for so long as the Content is displayed on the Bookhabit website, any consent, licence, permit, approval, classification, rating or registration in any jurisdiction that is needed for the Content to be uploaded to the Bookhabit website, displayed on the Bookhabit website or sold through the Bookhabit service; and

(c) no consent, licence, permit, approval, classification, rating or registration in any jurisdiction that the Vendor has obtained requires:

(i) Bookhabit to take any action, display any warnings or do anything else in relation to the display and sale of that Content on the Bookhabit website or through the Bookhabit service;

(ii) a Customer to take any action or do anything else in order to purchase a copy of that Content through the Bookhabit service.

22.3 You are solely responsible for the Content which you generate, upload or forward to Bookhabit.  You agree that you will not hold Bookhabit responsible for any inadvertent damage to, corruption of or destruction of the Content.  

22.4 You are responsible for backing up all Content on your own computer.  Bookhabit is not responsible for backing up or archiving your Content.  If any Content transmitted to Bookhabit is damaged, lost or corrupted in any way, Bookhabit will have no obligation or liability to you.

23. Removing Content
23.1 Bookhabit reserves the right to remove any and all Content or other material:
(a) that Bookhabit considers:

(i) is inappropriate, illegal, or offensive, or potentially or actually harmful in any respect;

(ii) breaches these Terms and Conditions or any Bookhabit policy set out on the Bookhabit website;

(b) if any person makes a complaint about your Content; or

(c) for any or no reason. 

23.2 If you choose to ‘Remove’ your Content from the Bookhabit website, it will no longer be available or visible to other Users.  The exceptions to your ability to remove Content are as follows:

(a) Content retained in our archives to the extent required by our data backup systems or, at Bookhabit’s discretion, for archival purposes. Bookhabit will also retain any of your personal data only for so long as is reasonably required to fulfil the purposes for which it was collected; 

(b) Content will continue to appear in your upload history; and 

(c) Content that you have made available to purchasers in electronic formats may also remain available on the Bookhabit website (in downloads history ) to Users who have purchased a copy of that Content.

24. Sales process
24.1 You agree that when you upload Content you are not selling the Content to Bookhabit.  By uploading Content you make a unilateral offer to any person that he or she may purchase a copy of your Content from you by completing the purchase steps to you on the Bookhabit website and without needing to communicate acceptance of your unilateral offer.

24.2 Bookhabit will provide a facility to enable the sale of a copy of the Content to Customers.  You agree that the sale of a copy of the Content will be in accordance with these Terms and Conditions and you acknowledge the provisions of Part D that apply to purchases of a copy of the Content by Customers.  Vendors are solely responsible for compliance with all laws in any jurisdiction that apply to the sale of a copy of any Content to Customers.

24.3 All sales and other transactions between a Vendor and a Customer are conducted entirely at the Vendor’s own risk.  You agree that Bookhabit bears no responsibility or liability for any conduct of Users, including, without limitation, Users who attempt to defraud you.

24.4 While the Bookhabit service accepts payment by credit card and PayPal, Bookhabit is in no way involved in a transaction between you and a Customer.  Bookhabit is not responsible for protecting Vendors from credit card fraud.

24.5 If a copy of your Content is sold via the Bookhabit website you agree:

(a) that the copy of the Content will be sold in accordance with the pricing structure contained in these Terms and Conditions;

(b) that you will use our payment processes for handling the sale of the copy of your Content; and

(c) Bookhabit will be entitled to deduct a fee for providing the Bookhabit service that is equal to 60% of the sale price from the sale of the copy of the Content (inclusive of GST, if any).  The fee includes an amount in respect of any charges incurred in relation to the collection and processing of payments for the sale of a copy of your Content (including the amount of any fees charged by PayPal or credit card providers in relation to the purchase of a copy of the Content).

24.6 The pricing structure of the purchase price is dependent upon the number of copies of Content sold.  The pricing structure and revenue returned to the Vendor is as follows:

The sale price and Vendor revenue amounts are in United States dollars and are inclusive of all applicable taxes.

24.7 Where a Vendor sells a copy of the Content on the Bookhabit website, the Vendor revenue (being 40% of the sale price) will be credited to your account.  The total amount of credits (minus any payments made to you) will be shown under the “Account Balance” box that appears on the “My Account” information tab of the Bookhabit website.  Subject to clause 24.9 below, you may choose to be paid your outstanding Account Balance via PayPal.  All payments will be made in US dollars.

24.8 A sale of a copy of Content is not completed until Bookhabit has received the payment from the Customer.  Should the credit card provider or PayPal reverse any payment that has been credited to you account Bookhabit will debit your account with the amount of that reversal and may charge you any fees charged by PayPal or the credit card provider in relation to the transaction and its reversal.

24.9 You will be paid on a monthly basis, and in any event no later than 31 days after the end of a month in respect of amounts to your credit in your account.  Bookhabit will make a good faith effort to pay you, using the contact information in its records. If Bookhabit owes you less than US$50 for sales within a given month, Bookhabit reserves the right, at its discretion, to roll your revenue forward to the following month until there is US$50 credit to your Account Balance.  It is your responsibility to update your contact information if your contact information changes.  If your account is inactive or terminated and we are unable to contact you using the contact information provided, we may also, at our discretion, charge a termination fee equal to the amount of unpaid revenue to cover administrative costs.

24.10 Vendors are responsible for meeting all of their own tax obligations in every applicable jurisdiction, including GST, which arises as a result of your sales via the Bookhabit services and the Bookhabit website.

PART D – CUSTOMER TERMS

25. Scope
25.1 Bookhabit provides a facility for Customers to purchase a copy of Content made available by Vendors.

26. Downloading Content
26.1 Customers may download Content from the Bookhabit website by logging in (if a Registered User) and following the process set out in Bookhabit website for downloading Content.  Customers who are Guest Visitors are not required to log in.

26.2 You must comply with all requirements of this Part D in downloading Content.

26.3 Should the downloaded file be corrupted and unable to be downloaded to a standard PC then Bookhabit will provide another download of the material for no charge.  (This is available through the downloads history page on the Bookhabit website.)

27. Terms applying to the sale
27.1 In order to purchase Content on the Bookhabit website, you must have either a valid credit card or a PayPal account (https://www.paypal.com/).

27.2 Any sales transaction is undertaken in accordance with New Zealand law.  Customers are solely responsible for compliance with all laws in any jurisdiction that may also apply to the purchase of a copy of any Content from Vendors.

27.3 Everything on the Bookhabit website and everything sold via the Bookhabit website, including all software, services, information, materials, forums, tools and Content is offered by Bookhabit and its licensors and Content providers on an “as-is” and “as available” basis.

27.4 To the maximum extent permitted by law, Bookhabit will have no liability to Customers if Vendors, Users or any other person violates these Terms and Conditions, or the provision of Content purchased by a Customer is in violation of a third party’s intellectual property rights in the Content, or any other copyright agreements or arrangements.

28. Rights granted in respect of Content purchased
28.1 Customers are granted a right to download to their own computer, view on that computer, print one copy of and use Content they have purchased for their own personal, non-commercial use and for no other purpose.  Customers do not receive the right to obtain the copyright or other intellectual property in the Content, which remains with the Vendor.  

28.2 Customers must not (and must not allow any other party to) copy or reproduce, distribute or re-sell, change, modify or adapt any Content they have downloaded.

28.3 To avoid doubt, the intellectual property restrictions and obligations in clause 18 of Part B apply to a purchased copy of Content.

29. Price and Payment
29.1 Customers must pay for a copy of any Content downloaded at the price specified by Bookhabit.  Payment must be made by credit card or through PayPal.

29.2 The price of the Content specified on the Bookhabit website includes GST, if any and all other applicable taxes.

29.3 You will not be permitted to complete your order (and download the Content) until your payment has been processed and accepted by the provider of your credit card or PayPal.  Customers must comply with any payment process set out on the Bookhabit website.

29.4 Refunds will not be given, except at the discretion of Bookhabit and then only in accordance with New Zealand’s consumer laws.