Terms & Conditions

WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website:

Welcome to ti-books.com (Website). The website allows users to browse, purchase, and access books provided by vendors.
Third-Party Product Fulfillment: We facilitate the purchase of products that are fulfilled and shipped directly by third-party vendors.
User-Generated Content: Parents may upload and share kids’ content (e.g., educational materials, videos, or stories).
The Website is operated by Tibooks Pty ltd (ACN 676852074) (ABN ). Access to and use of the Website, or any of its associated Products or Services, is provided by Tibooks Pty ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
Tibooks Pty ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Tibooks Pty ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
All services are subject to availability and may be changed or discontinued without notice.

2. Acceptance of the Terms:

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Tibooks Pty ltd in the user interface.

3. Registration to use the Services:

In order to access the Services, you must first register for an account through the Website (Account).
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
i. Email address
ii. Preferred username
iii. Mailing address
iv. Telephone number/mobile number
v. Password
You warrant that any information you give to Tibooks Pty ltd in the course of completing the registration process will always be accurate, correct and up to date.
Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.
You may not use the Services and may not accept the Terms if:
i. you are not of legal age to form a binding contract with Tibooks Pty ltd; or
II. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

4. Your Obligations as a Member:

As a Member, you agree to comply with the following:

You will use the Services only for purposes that are permitted by:
I. the Terms and conditions
II. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Tibooks Pty ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;
Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Tibooks Pty ltd providing the Services;
You will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Tibooks Pty Ltd;
You acknowledge that the following commercial activities are expressly prohibited: (a) reselling or attempting to resell any Services without explicit written permission; (b) collecting or harvesting user information for commercial purposes; (c) using the Services to promote external tutoring services; and (d) engaging in affiliate marketing or referral programs without prior authorisation from Tibooks Pty Ltd;
You acknowledge and agree that the following additional commercial activities are strictly prohibited: (a) creating or operating competing tutoring platforms or services using information obtained from the Website; (b) automated data mining, scraping, or extraction of Website content or user information; (c) offering or advertising third-party educational products or services without explicit written approval; and (d) using the Services to facilitate transactions that bypass Tibooks Pty ltd’s payment systems;
You will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website.
You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by Tibooks Pty ltd for any illegal or unauthorised use of the Website; and
You acknowledge and agree to the content guidelines:
I. Content must be appropriate, non-offensive to other users( Kids, parents, community).
II. Copyrighted material must not be uploaded unless you own the rights or have permission from the copyright holder.
III. We reserve the right to review, modify, or remove content that violates our policies.

5. Payments:

5.1. All payments made in the course of your use of the Services are made using Stripe. In using the
Website, the Services or when making any payment in relation to your use of the Services, you
warrant that you have read, understood and agree to be bound by the Stripe terms and conditions
which are available on their website.
5.2 You acknowledge and agree that where a request for the payment of the Subscription Services
Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any
other reason, then you are liable for any costs, including banking fees and charges, associated with
the Subscription Services Fee.
5.3. You agree and acknowledge that Tibooks Pty ltd can vary the Subscription Services Fee at any
time and that the varied Subscription Fee will come into effect following the conclusion of the existing
Subscription Period.
5.4. Any variation to the Services Fee will be notified to you in writing at least [DAYS] days before the
change takes effect, and continued use of the Services after such notice period constitutes
acceptance of the varied fee.
6. Refund Policy
6.1. Tibooks Pty ltd will only provide you with a refund of the Subscription Services Fee in the event
they are unable to continue to provide the Services or if the manager of Tibooks Pty ltd makes a
decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this
occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by
the Member (Refund).
6.2. Any benefits set out in this Terms and Conditions may apply in addition to consumer’s rights under
the Australian Consumer Law.
7. Vendor and Product Terms
7.1. Third-Party Vendor Products and Services
7.1.1 Products and services may be supplied by third-party vendors (“Vendors”).
7.1.2 While we facilitate access to these Vendors’ products and services, they are provided subject to
the Vendors’ own terms and conditions.
7.1.3 Nothing in these terms limits your rights under the Australian Consumer Law, including consumer
guarantees.
7.2. Vendor Responsibilities
7.2.1 Each Vendor is responsible for:
(a) the quality and delivery of their products and services;
(b) compliance with applicable laws and regulations;
(c) handling customer service inquiries related to their products; and
(d) managing their own refund and return policies.
7.3. Consumer Rights and Remedies
7.3.1 You retain all rights and remedies provided under the Australian Consumer Law.
7.3.2 If a product or service fails to meet a consumer guarantee under the Australian Consumer Law,
you may be entitled to:
(a) a repair, replacement, or refund;
(b) compensation for damages and loss; and
(c) cancel the service and receive a refund for the unused portion.
7.4. Refunds and Returns
7.4.1 Refund and return requests must be made in accordance with the relevant Vendor’s policies,
provided these policies comply with the Australian Consumer Law.
7.4.2 Where a Vendor’s refund policy conflicts with your rights under the Australian Consumer Law,
your statutory rights will prevail.

8 . Limitation of Liability
To the maximum extent permitted by law, we exclude all liability for any loss, damage, costs or
expense, whether direct, indirect, incidental, special and/or consequential including loss of profits,
suffered by you or any third party, or claims made against you or any third party which result from any
use or access of, or any inability to use or access the tutoring service. You acknowledge that the
nature of online tutoring services involves inherent limitations and potential interruptions in service
delivery, and we shall not be liable for any educational outcomes or results.
8.1 To the extent permitted by law, our liability is limited to:
(a) resupplying the services; or
(b) paying the cost of having the services resupplied.
8.2 This limitation does not apply to your statutory rights under the Australian
9.Copyright and Intellectual Property
9.1. The Website, the Services and all of the related products of Tibooks Pty ltd are subject to
copyright. The material on the Website is protected by copyright under the laws of Australia and
through international treaties. Unless otherwise indicated, all rights (including copyright) in the
Services and compilation of the Website (including but not limited to text, graphics, logos, button icons,
video images, audio clips, Website code, scripts, design elements and interactive features) or the
Services are owned or controlled for these purposes, and are reserved by Tibooks Pty ltd or its
contributors. All property/ content uploaded by users(customers) is fully owned by Tibooks Pty ltd and
we reserve the right to use for any business purpose.
9.2. All trademarks, service marks and trade names are owned, registered and/or licensed by Tibooks
Pty ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a
Member to:
I.use the Website pursuant to the Terms;
II.copy and store the Website and the material contained in the Website in your device’s cache
memory; and
III.print pages from the Website for your own personal and non-commercial use.
9.3. Tibooks Pty ltd does not grant you any other rights whatsoever in relation to the Website or the
Services. All other rights are expressly reserved by Tibooks Pty ltd.
9.4 Tibooks Pty ltd retains all rights, title and interest in and to the Website and all related Services.
Nothing you do on or in relation to the Website will transfer any:
I.business name, trading name, domain name, trade mark, industrial design, patent, registered design
or copyright, or
II.a right to use or exploit a business name, trading name, domain name, trade mark or industrial
design, or
III.a thing, system or process that is the subject of a patent, registered design or copyright (or an
adaptation or modification of such a thing, system or process).
9.5. You may not, without the prior written permission of Tibooks Pty ltd and the permission of any
other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute,
show or play in public, adapt or change in any way the Services or third party Services for any
purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on
the Website, which are freely available for re-use or are in the public domain.
9.6. Tibooks Pty ltd takes your privacy seriously and any information provided through your use of the
Website and/or Services are subject to Tibooks Pty ltd’s Privacy Policy, which is available on the
Website.
9.7.User Content and licence Grant :
9.7.1 By uploading, submitting, or providing any content, data, text, images, or materials (“User
Content”) to our platform, you grant tibooks:
i. a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and
transferable licence to use, reproduce, distribute, modify, adapt, prepare derivative works of, publicly
display, publicly perform, and otherwise exploit such User Content in any medium or format, whether
now known or later developed; and
ii. the right to use the name and details you submit in connection with such User Content.
9.7.3 You represent and warrant that:
i. you own or have the necessary rights, licences, consents, and permissions to grant the rights in
Section 9.7.1;
ii. the User Content does not infringe any third party’s intellectual property rights, privacy rights,
publicity rights, or other rights; and
iii. you have obtained all necessary consents from any individuals identified in or implicated by your
User Content (a) Any personal information contained in User Content will be handled in accordance
with our Privacy Policy and applicable Australian privacy laws. (b) You acknowledge that other users
may access and view your User Content in accordance with our platform settings and functionality.
9.7.4 Content Moderation (a) We reserve the right to monitor, review, modify, or remove any User
Content that violates these terms or applicable laws. (b) We are not obligated to monitor User Content
but may do so at our discretion.

10. Data Protection and Security
10.1. We implement appropriate technical and organisational measures to protect your personal
information, including encryption, access controls, and regular security assessments. Your data will be
retained only for as long as necessary for the purposes collected, and you may request access to,
correction, or deletion of your personal information by contacting us through the Website.
10.2 We collect and process your data based on explicit consent and legitimate business purposes.
This includes maintaining detailed records of processing activities, conducting regular privacy impact
assessments, and ensuring compliance with the Australian Privacy Principles (APPs) and applicable
international regulations. We will notify you within [48 hours] of any data breaches that may affect your
personal information and maintain a comprehensive data breach response plan.
10.3. We maintain a comprehensive Data Processing Register detailing all processing activities,
including the specific purposes, legal bases, and retention periods for each data category. You have
the right to:
a. withdraw your consent at any time through our Privacy Dashboard;
b. request detailed information about how your data is processed;
c. specify preferences for data retention and processing; and
d. receive regular updates about changes to our data processing activities. We will notify you at least
[30 DAYS] before implementing any material changes to how we process your personal data, and
obtain fresh consent where required by law.
11. General Disclaimer
11.1 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions
implied or imposed by law, including the Australian Consumer Law (or any liability under them) which
by law may not be limited or excluded.
11.2. Subject to this clause, and to the extent permitted by law:
i. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the
Terms are excluded; and
ii. Tibooks Pty ltd will not be liable for any special, indirect or consequential loss or damage (unless
such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable
Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in
connection with the Services or these Terms (including as a result of not being able to use the
Services or the late supply of the Services), whether at common law, under contract, tort (including
negligence), in equity, pursuant to statute or otherwise.
11.3. Use of the Website and the Services is at your own risk. Everything on the Website and the
Services is provided to you “as is” and “as available” without warranty or condition of any kind. None
of the affiliates, directors, officers, employees, agents, contributors and licensors of Tibooks Pty ltd
make any express or implied representation or warranty about the Services or any products or
Services (including the products or Services of Tibooks Pty ltd) referred to on the Website. This
includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
11.4 failure of performance, error, omission, interruption, deletion, defect, failure to correct defects,
delay in operation or transmission, computer virus or other harmful component, loss of data,
communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised
access to records;
i. the accuracy, suitability or currency of any information on the Website, the Services, or any of its
Services related products (including third party material and advertisements on the Website);
ii. costs incurred as a result of you using the Website, the Services or any of the products of Tibooks
Pty ltd; and
iii. the Services or operation in respect to links which are provided for your convenience.
12. Limitation of liability
12.1. Tibooks Pty ltd’s total liability arising out of or in connection with the Services or these Terms,
however arising, including under contract, tort (including negligence), in equity, under statute or
otherwise, will not exceed the resupply of the Services to you.
12.2. You expressly understand and agree that Tibooks Pty ltd, its affiliates, employees, agents,
contributors and licensors shall not be liable to you for any direct, indirect, incidental, special
consequential or exemplary damages which may be incurred by you, however caused and under any
theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or
indirectly), any loss of goodwill or business reputation and any other intangible loss.
12.3. Notwithstanding the above limitations, nothing in these Terms excludes, restricts or modifies any
consumer guarantee, right or remedy conferred on you by the Australian Consumer Law or any other
applicable law that cannot be excluded, restricted or modified by agreement. To the fullest extent
permitted by law, our liability for any breach of a non-excludable guarantee referred to above is limited,
at our option, to: (a) in the case of services, the supply of the services again or payment of the cost of
having the services supplied again; and (b) in the case of goods, the replacement of the goods, the
supply of equivalent goods, the repair of the goods, or the cost of replacing, supplying equivalent
goods, or having the goods repaired.
13. Competitors
If you are in the business of providing similar Services for the purpose of providing them to users for a
commercial gain, whether business users or domestic users, then you are a competitor of Tibooks Pty
ltd. Competitors are not permitted to use or access any information or content on our Application. If
you breach this provision, Tibooks Pty ltd will hold you fully responsible for any loss that we may
sustain and hold you accountable for all profits that you might make from such a breach.
14. Termination of Contract
14.1. The Terms will continue to apply until terminated by either you or by Tibooks Pty ltd as set out
below.
14.2. If you want to terminate the Terms, you may do so by:
i. providing Tibooks Pty ltd with 7 days’ notice of your intention to terminate; and
ii. closing your accounts for all of the services which you use, where Tibooks Pty ltd has made this
option available to you.
iii. Your notice should be sent, in writing, to Tibooks Pty ltd via the ‘Contact Us’ link on our homepage.
14.2. Tibooks Pty ltd may at any time, terminate the Terms with you if:
i. you have breached any provision of the Terms or intend to breach any provision;
ii. Tibooks Pty ltd is required to do so by law;
iii. the provision of the Services to you by Tibooks Pty ltd is, in the opinion of Tibooks Pty ltd, no longer
commercially viable.
14.3. Subject to local applicable laws, Tibooks Pty ltd reserves the right to discontinue or cancel your
membership at any time and may suspend or deny, in its sole discretion, your access to all or any
portion of the Website or the Services without notice if you breach any provision of the Terms or any
applicable law or if your conduct impacts Tibooks Pty ltd’s name or reputation or violates the rights of
those of another party.
15. Indemnity: You agree to indemnify Tibooks Pty ltd, its affiliates, employees, agents, contributors,
third party content providers and licensors from and against:
15.1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal
fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
15.2. any direct or indirect consequences of you accessing, using or transacting on the Website or
attempts to do so; and/or any breach of the Terms.
16. Dispute Resolution
16.1. Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence
any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been
complied with (except where urgent interlocutory relief is sought).
16.2. Mediation: Prior to any proceedings, the parties must first submit to mediation with a mutually
agreed mediator within 30 days of written notice of the dispute. The costs of mediation shall be shared
equally between the parties.
16.3. Notice: A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give
written notice to the other party detailing the nature of the dispute, the desired outcome and the action
required to settle the Dispute.
16.4. Resolution: On receipt of that notice (Notice) by that other party, the parties to the Terms
(Parties) must:
i. Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by
negotiation or such other means upon which they may mutually agree;
ii. If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been
resolved, the Parties must either agree upon selection of a mediator or request that an appropriate
mediator be appointed by the ti books pty ltd.
iii. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of
the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested
by the mediator as a precondition to the mediation commencing. The Parties must each pay their own
costs associated with the mediation;
iv. The mediation will be held in Sydney, Australia and governed by local laws
16.5. Confidential: All communications concerning negotiations made by the Parties arising out of and
in connection with this dispute resolution clause are confidential and to the extent possible, must be
treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
16.6. Termination of Mediation: If 2 months have elapsed after the start of a mediation of the Dispute
and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation
and the mediator must do so.
16.7. Mediation Procedures: The Parties agree that the mediation will be conducted in accordance
with the following procedures: (a) each Party must provide a written summary of their position to the
mediator at least 30 days before the mediation; (b) the mediator must provide a preliminary
assessment of the dispute to both Parties within [30] days of receiving the summaries; and (c) both
Parties must attend the mediation with authority to settle or with persons having full authority to settle
on their behalf.
16.8. Failed Mediation and Arbitration: If the Dispute is not resolved through mediation within 30 days
of the mediator’s preliminary assessment, either Party may refer the matter to binding arbitration. The
arbitration shall be conducted by a single arbitrator appointed by the Australian Centre for International
Commercial Arbitration (ACICA) in accordance with its rules. The arbitration shall take place in
Sydney, Australia, and the arbitrator’s decision shall be final and binding on both Parties.
17. Venue and Jurisdiction
The Services offered by Tibooks Pty ltd is intended to be viewed by residents of Australia. In the event
of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for
resolving any dispute shall be in the courts of New South Wales, Australia.
18. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy,
proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights
created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of
New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory
rules. The validity of this governing law clause is not contested. The Terms shall be binding to the
benefit of the parties hereto and their successors and assigns
19. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction,
that part shall be severed and the rest of the Terms shall remain in force.