1.      Who is bound by these Terms and Conditions of Use?

These Terms and Conditions of Use ("Terms") bind each person who becomes a member, in any capacity, of YKEEP.

2.      The Expressions we use

In these Terms unless the context indicates otherwise the following expressions have the following meanings: `

·         "YKEEP" means YKEEP.com.

·         "Authority" means any government, regulator, authority or body (of any kind) exercising powers or rights conferred by legislation.

·         "Member" means each person who has become a member to use the services YKEEP provides on the Website.

·         "Member's Obligations" means all obligations imposed on member of YKEEP.

·         "Other Member" means each person who is a registered Member apart from You.

·         “Items” refer to anything that is offered to other members for exhange.

·         "Swap" means any trade or transaction that results in members exchanging items.

·         "You" means you (the Member visiting the Website).

Other parts of speech and grammatical forms of a word or phrase defined in these Terms and Conditions have a corresponding meaning.

3.      What does YKEEP provide?

YKEEP provides an online service on the Website consisting of the provision of a platform which allows Members to swap and trade items as well as a medium by which Members may exchange, offer or gather information and meet Other Members.

4.      Each Member provides the following warranties

Each Member warrants:

                                                   i.      that the Member has the power to enter into enforceable agreements;

                                                 ii.      that any information supplied by the Member to YKEEP is and will be true and complete at all times and each Member agrees to inform YKEEP of any changes to any information supplied by the Member to YKEEP within 7 days of the change;

                                                iii.      that the posting of any material to this Website by the Member and the content of any material posted by the Member may be lawfully posted by the Member and adheres to YKEEP’s Content and Item Posting Rules; and

                                               iv.      that all material posted to this Website by the Member, including for the purpose of advertising or purchasing or bartering or swapping or offering services or accepting services, is true and correct and not inaccurate or misleading in any way;

5.      Obligation to observe proper protocols

A Member must not take any action of any kind whatsoever, which interferes with the proper operation of the Website. A Member must not copy or deal with or alter or modify any material on the Website except material posted to the Website by a Member in accordance with these Terms.

6.      Privacy

Each Member is bound by the Privacy Policy of YKEEP.

7.      Publication of Material

Upon registration as a Member You will nominate a discrete password and nominate a "Member Name". You must keep your password and your Member Name confidential at all times. You are totally responsible in every way for all material posted on the Website (and any other actions taken in respect of this Website) under, or by means of the use of, your Member Name and your password. All material posted on the Website (and any other actions taken in respect of this Website) under, or by means of the use of, your Member Name and your password may be recorded on this Website.

8.      Fees

The Member agrees to pay any applicable fees, for the services that they choose to use, as stated in the Fee Schedule. Member understands that services renew automatically annually. YKEEP will send our a reminder 30 days and 15 days in advance of renewals.

YKEEP will notify changes to fees in the Fee Schedule 21 days before changes commence.

9.      Content and Item Posting Rules

Material may be posted by means of text, graphics and pictures. Members must assure that they are posting items and information within the best of their knowledge and that all required information must be accurately entered. Items being posted for swap must be owned by posting Member and available for swap without encumbrances.

YKEEP believes in free speech and will not censor Review posts by members and we do not take responsibility for Other Member posts nor does YKEEP necessarily support the views, reviews or comments by Other Members. While YKEEP will not censor Review posts it is expected that Members will abstain from the over use of overly explicit language. YKEEP reserves the right to delete messages that, in out opinion, use overly explicit language.

Members must not post any of the following material on the Website, or face the possibility of having their Membership terminated:

·         Adult sites, pornography, chain letters, pyramid schemes or spam;

·         professional advice;

·         any material that is illegal, defamatory, indecent, threatening, misleading or otherwise contains illegal content;

·         Any material not specifically about music, musical artists, critics, authors on the subject of music, art in regards to music or any other subject about music.

·         any program, virus, worm or similar matter that interferes with, or may interfere with the Website or its data or information in any way;

·         any contact details (including an email address) anywhere within the Website except where expressly permitted, to do so; or

·         any links/references to any other websites or references to any other websites, anywhere within the Website except where expressly permitted, to do so.

10. Swap Rules and Expectations

·         Member items offered for Swap are original recordings, not copies on cassette or cd, and in the possession of Member without any encumbrances on items.

·         Member items offered for swap are identified and described accurately and condition is noted accurately.

·         Members who a party to accepted swap offers are expected to ship swap items within 5 business days of the swap acceptance.

·         Members are expected to update their Swap transactions that items have been shipped or received. YKEEP assumes that after 15 business days (5 business days to ship item and 10 business days to receive shipped item), if not otherwise noted, the swap transaction was satisfactorily completed.

11. Acknowledgements by, and Agreements of, Members

Each Member acknowledges and agrees:

a.       YKEEP may at any time by notice posted on the Website change the YKEEP Terms and the Member's Obligations with effect fourteen (14) days after the date of posting on the Website and if a Member is not prepared to accept, and be bound by the changes the Member may terminate its registration as a Member;

b.      YKEEP does not offer or provide advice of any kind and does not offer any items or services for itself but only offers facilities for the use of Members by which Members swap and trade items as well as a medium by which Members may exchange information and meet other Members;

c.       YKEEP makes no representations or warranties:

                                                               i.      with respect to its services or any of the items and services offered by any Member by means of the Website; or

                                                             ii.      in respect of the bona fides of any Member or of the identity of any Member;

d.      YKEEP may for the purpose of facilitating any swap between You and Other Members disclose your identity and contact details;

e.      that without imposing any liability on YKEEP under these Terms or abrogating any other rights of YKEEP, YKEEP is not liable in any way for any matters outside of its direct control nor for the actions of You, Other Members or other persons;

f.        YKEEP makes no representations or warranties with respect to the capacity of any Member to pay any amount to YKEEP for their services nor with respect to the truth of any statement, warranty or representation made by any Member nor with respect to the value or quality or characteristics of any items offered by any Member;

g.      YKEEP makes no representation or warranty concerning any representation or statement made by any Member in relation to items offered by any Member and without limitation is not liable for material posted on the Website by You or Other Members;

h.      YKEEP does not accept liability for, and is not liable or responsible for, and will not be liable or responsible for, the actions of any Member nor any breach by a Member of the Terms nor any terms or conditions of any Transaction or failure on the part of any Member to perform any Transaction or any part of a Transaction;

i.         YKEEP may, at any time in its discretion:

                                                               i.      shut the Website down or suspend access to the Website for the purpose of improving, maintaining, protecting or altering it; and

                                                             ii.      terminate the use of this Website on not less than 7 days' notice;

j.        in the event a Member breaches any of the Member's Obligations or does anything unlawful or misleading, YKEEP reserves the right to terminate Member’s membership. In such case Member understands that they will forfeit any annual programs fees paid to YKEEP and they will not receive a refund;

k.       YKEEP may in its discretion publish, (or cease to publish), reproduce, use, adapt and manipulate all material posted on the Website by a Member;

l.         that YKEEP has no liability for the actions of Other Members and, without limitation, no liability to You if any Other Member accesses or downloads any material published by You;

m.    if YKEEP exercises its rights under any of sub points 10(i), (j) or (k) You will not have any claim against YKEEP if it does so;

n.      it is responsible for all actions it takes in accessing, or in respect of, this Website and utilizing the services of YKEEP and, further, releases YKEEP from any liability whatsoever arising out of any act or omission of any Other Member;

o.      it will not bring any action against YKEEP for the purpose of bringing or maintaining any claim against YKEEP based on any breach of any obligation, whether express or implied, on the part of any Other Member;

p.      it may not in relation to, or in exercising any rights under, the Website, do anything which is fraudulent or in breach of any law or the rights of any person and, without limitation, by posting any material on the Website, must not be in breach of any law or obligation or duty owed to any person or do anything which is defamatory or illegal or inappropriate;

q.      it has determined to register on the Website of its own volition and it accepts that it does so at its own risk and, will not, make any claim against YKEEP in respect of, or hold, or seek to hold, YKEEP responsible for, or liable for, the actions of Other Members nor for any warranties, representatives, promises or statements of YKEEP whether express or implied;

r.        to indemnify YKEEP in respect of any claim of any nature brought by any person including any Other Member against YKEEP arising out of any breach of the Member's Obligations, or by any act or omission on your part or the breach of any law or obligation by You;

s.       YKEEP has no liability for any infringement of moral rights and You agree to indemnify YKEEP in respect of any claim for any infringement of moral rights;

t.        it will not do anything which would cause any damage or interference to the Website;

u.      it will not do anything which may:

                                                               i.      be illegal; or

                                                             ii.      render YKEEP liable to any other person or Authority; or

                                                            iii.      render YKEEP liable for any breach of any law or obligation to any person; or

                                                           iv.      may or will defame YKEEP or adversely affect the reputation of YKEEP; or

                                                             v.      in any way interfere with the conduct of YKEEP's business;

v.       it will honor every obligation under, and properly perform, every swap to which it is a party;

w.     the relationship between YKEEP and each Member is that of the relationship between independent contractors;

x.       covenants and agrees to indemnify YKEEP, and keep YKEEP indemnified, against any loss, damage, cost, charge or expense whatsoever incurred or suffered in connection with, or as a consequence of, any breach by, or attempted breach by, the Member of the Member's Obligations and the Member will pay on demand, by YKEEP, to YKEEP any sums claimed by YKEEP pursuant to this indemnity;

y.       YKEEP shall not be liable, in any way, where You suffer any damage as a consequence of any matter beyond the control of YKEEP;

z.       YKEEP owns all reviews posted to its Reviews and Opinions section.

12.  How to Interpret these Terms

a.       references to any person in these Terms shall include the legal personal representatives, executors, administrators, successors and permitted assigns of that party;

b.      words importing the singular shall include the plural and vice versa;

c.       words importing a gender shall include other genders;

d.      references to a person shall be construed as references to an individual, firm, partnership, joint venture, body corporate, association (whether incorporated or not), ministerial corporation, government and governmental, semi-governmental and local authority or agency;

e.      a provision of, or a right created under, these Terms may not be waived or varied except in writing signed by the party or parties to be bound;

f.        every covenant or agreement or undertaking expressed or implied by which more persons than one covenant, promise or agree to undertake to perform an obligation in terms of this Terms shall bind such persons jointly and each of them severally; and

g.      a reference to a covenant or agreement or undertaking expressed or implied in favor of more persons than one shall be construed as a reference to each such persons to be benefited jointly and each of them severally;

h.      if any part of the YKEEP Documents containing the Member's Obligations is prohibited, void, voidable, illegal or unenforceable under the laws of any relevant jurisdiction then that part is severed for the purposes of that jurisdiction only but without affecting the continued operation of the rest of the Member's Obligations in that jurisdiction or the operation of the YKEEP Documents containing the Member's Obligations in any other jurisdiction.

i.         this agreement and any use of/access to/ transaction arising out of the use of the Website is governed by, and construed in accordance with, the laws ofNew South Wales, Australia and the parties submit to the exclusive jurisdiction of the courts of New South Wales.

j.        The Copyright in these Terms and Conditions is held by YKEEP Pty Limited. No trade marks of YKEEP Pty Limited may be used by any other person. No intellectual property of YKEEP Pty Limited may be used by any other person. 

Commitment to Privacy

YKEEP ("YKEEP") is committed to protecting your privacy when collecting and handling your personal information. We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent..

Collection of Personal Information

YKEEP only collects personal information necessary for us to carry out our functions and activities such as:

• to enable you and others to obtain the benefit of, and participate in, the services and facilities we provide;
• to provide personal information concerning you to another member when you accept an offer or when another member accepts one of your offers;
• to provide personal information concerning you to other persons for such persons as YKEEP considers appropriate where you have consented to it doing so;
• to provide you with helpful information [in the form of an email];
• to provide you with information you have requested from us;
• to enable YKEEP to respond to feedback forwarded to us via our website;
• to enable us to determine the types of services members desire and to evaluate our satisfaction of those desired services; and
• to provide you with information about matters YKEEP considers may be of interest to you including:
  • new features and functions;
  • third party services; and
  • changes to the YKEEP Terms and Conditions of Use.

The types of personal information that we collect generally includes your name, telephone number, mailing address, email address, facsimile number, gender and age.

If it is reasonable and practicable to do so, YKEEP will collect personal information directly from you. We may collect personal information when you register on our website and when you submit queries and other forms on our website. If we collect personal information about you from someone else, we will take reasonable steps to ensure that you are aware that you may gain access to that information, the purpose of its collection and the organizations to which that information may be disclosed.

A cookie is a small text file created by a web server and stored on your computer, enabling a unique identification to be given to your computer. Cookies enable our systems to track your clicks as you browse our Web site and enable you to move between pages on our site. We do not use cookies to retrieve or store personal information about you from your computer. Most Internet browsers are pre-set to accept cookies. If you prefer not to receive cookies, you can adjust your Internet browser to disable or to warn you when cookies are used. By disabling cookies, you may not be able to log into the Website or participate in some of the online features offered by YKEEP. YKEEP, or our service provider, may record your visit to our Web site and log information from your browser including your IP address, the date and time of your visit, the pages accessed, documents downloaded, top level domain name (for example .com, .gov or .uk) the previous site visited and the type of browser used. This is done as a fraud prevention measure, for statistical purposes, to enable us to evaluate our Web site usage and improve our online service. A law enforcement agency may also exercise a warrant to inspect the service logs. In addition, when you use our online search facility we collect information about the information for which you search. YKEEP uses that information to evaluate our service and determine if we are providing the products and services you desire. Failure to provide us with the requested information, may result in your being unable to access or use our services and the facilities of our website.

YKEEP will only collect personal information by lawful and fair means and not in an unreasonably intrusive way.

Use and Disclosure of Personal Information

We will use and disclose your personal information for the purpose of YKEEP, including those purposes outlined under the heading "Collection of Personal Information" above, or other purposes related to that purpose such as marketing and where you consent to such disclosure. Personal information that you submit to us may be used and disclosed by us to the extent authorized by you or as reasonably required in connection with the operation of our business and in compliance with applicable laws.

Personal information such as your name, mailing address, email address, account or phone number ("Personal Information") will be disclosed where you have consented to its disclosure or where we are required by law to disclose that information or on our good faith belief that such action is necessary to: (1) enable you and others to obtain the benefit of, and participate in, the services and facilities we provide; (2) conform to legal requirements; (3) protect and defend the rights and property of YKEEP; or (4) act to protect the personal safety of YKEEP's Members or the public. By subscribing you consent to that disclosure.

For example, we may disclose your personal information to third party organisations such as contractors who assist us in the operation of our business to enable those contractors to perform functions on our behalf, to print suppliers, event managers, persons with whom we enter into arrangements or agreements and persons with whom you enter into arrangements or agreements by means of the facilities and services we provide, our Web site host and mailing houses. We may also disclose your personal information to organisations that provide services and benefits to persons with whom we do business to enable those persons to effectively carry out those services and provide those benefits. Where information is disclosed to such third parties we will seek to prohibit the third party from using your personal information except for the specific purpose for which we supply it.

Receiving Email and Other Correspondence (Opting-Out)

The YKEEP web site provides members with the opportunity to opt-out of receiving certain communications from us.

A member may indicate its preferences by means of our Member Preferences facility on the Website.

We may also use postal correspondence information a member has supplied to us to provide periodic mailings with information on events, services and products. If a member does not wish to receive such mailing, a member may indicate its preferences by means of our Member Preferences facility on the Website.

Where we receive a request from a member with respect to privacy options as noted above, we will use our reasonable efforts to delete the relevant personal information from our records. However, we cannot guarantee that the information has been deleted as there is a possibility that a residual copy of the information will be maintained on a back-up system.

Anonymity

Wherever it is lawful and practicable to do so, YKEEP will provide you with the option of not identifying yourself when dealing with us. For example, you may provide us with feedback via our online feedback form, or respond to surveys or direct marketing activities without identifying yourself. However, we require your personal information to enable you and others to obtain the benefit of, and participate in, the services and facilities we provide, to verify your identity and to provide your details to a Member that accepts any offer you make.

Once you provide details to YKEEP you cease to be anonymous.

Quality and Security of your Personal Information

We will take reasonable steps to seek to protect your personal information is protected from misuse and loss and from unauthorized access, modification or disclosure by a range of security measures.

Only authorized employees are permitted to access your personal information. All employees must comply with our Privacy Policy and those who violate it may be subject to disciplinary action.

We will take reasonable steps to implement and maintain security precautions and endeavour to prevent unauthorized access to, disclosure or use of information submitted over the Internet. However, as no data transmission over the Internet is 100% secure, YKEEP is unable to guarantee that unauthorised access to submitted information will not occur, either during transmission of that information or after we receive that information.

YKEEP takes reasonable steps to destroy or permanently de-identify any personal information it no longer requires.

Your Member Name and password enable YKEEP to verify you are a registered Member and to help us to ensure your personal information is kept secure. You are responsible for maintaining the secrecy of your Member Name and password. We do not disclose your password details via telephone.

Links to other Sites

The YKEEP Web site may contain links to Web sites of other companies and organizations. YKEEP is not responsible for the privacy policies, practices or content of such Web sites.

Access and Correction of your Personal Information and Data Quality

If you wish to access personal information about you held by YKEEP, please use the 'Contact Us' page on our website www.YKEEP.com. So that YKEEP can identify you, please ensure that you have logged-in to the system before using the 'Contact Us' Page. Please indicate the information that you require and the reason why you require access to our record of your personal information. In order to process your request, we may request you to provide further identification of yourself. We will provide you with access to the personal information held upon receiving a request from you except where we refuse access to that information in conformity with the Act. If we deny your request for access to personal information, we will provide you with the reasons for that denial. We may recover an amount from you to cover our reasonable costs of providing you with access to that personal information.

We will take all reasonable steps to make sure that the personal information we collect, use or disclose is accurate, complete and up-to-date. To assist us to do this, please ensure you only ever provide us with the correct information and inform us if your details change. This can be done by using the 'Modify Details' page on our website www.YKEEP.com. If you request that we amend personal information and we disagree with you about whether the information is accurate, complete and up-to-date, you may request that we associate a statement with the record of information as to your contrary view. We will, however, take reasonable steps to comply with that request. If we refuse to correct personal information we will provide you with a reason for such denial. You acknowledge that certain information may be stored in a form which does not readily permit location and modification.

Transfer of personal information overseas

We will only transfer your personal information overseas to enable you and others to obtain the benefit of, and participate in, the services and facilities we provide or if YKEEP reasonably believes that the recipient of the information is subject to a law, binding scheme or contract which effectively upholds principles for fair handling of the information that are substantially similar to the National Privacy Principles. By subscribing you consent to any such transfer.

Changes to Privacy Policy

Our information practices and Privacy Policy is monitored and, if necessary, is revised from time to time. We will notify you of any amendments to our Privacy Policy by posting an updated version on our website www.YKEEP.com

How to Contact Us and Complaint Process

We are committed to dealing quickly and confidentially with any complaint you make about your privacy in relation to the way YKEEP collects, uses, discloses, handles or holds your personal information. If you are concerned that this Privacy Policy may have been breached or that your privacy may have been compromised or if you have any queries regarding the manner in which your personal information is collected, used or disclosed please follow the instructions on the 'Contact Us' page on our website www.YKEEP.com.

YKEEP believes that security, privacy and trust are important values within our community.

To register for the YKEEP system, you need to acknowledge that you have read and accept the YKEEP "Terms and Conditions of Use" and "Privacy Policy" above.