Terms of Service - SecondBook

1. General Provisions

1.1. About the Service

SecondBook (hereinafter referred to as "Service", "Platform", "we") is an online platform accessible via the websites secondbook.kz, secondbookz.com, and mobile applications for iOS and Android, which provides users with the ability to:

• Post listings for the sale, exchange, and free transfer of books;
• Search for and purchase books from other users;
• Exchange books with other users;
• Communicate with sellers and buyers through the built-in chat.

1.2. Service Operator

The 2ndBook service is provided by Ilnur Stybayev, an independent individual developer (not a legal entity) (hereinafter referred to as "Operator", "Administration", "Company" — in all cases meaning this independent developer, not a legal entity). 2ndBook is a non-commercial tool that lets users find and contact each other directly. The operator is not a party to any transaction between users, does not hold, transfer or retain funds, and charges no commission. Any purchase, sale or exchange happens directly between users and outside the operator's responsibility. Data protection contact: support@secondbook.kz.

1.3. Applicable Law

These Terms are governed by and construed in accordance with the laws of the Republic of Kazakhstan, including:

• Civil Code of the Republic of Kazakhstan;
• Law of the Republic of Kazakhstan "On Personal Data and Their Protection";
• Law of the Republic of Kazakhstan "On Consumer Rights Protection";
• Law of the Republic of Kazakhstan "On Copyright and Related Rights".

2. Registration and Account

2.1. Registration Requirements

To fully use the Service, you must create an account. By registering, you confirm that:

• You are at least 18 years old, or you have parental/guardian consent;
• You provide accurate and current information about yourself;
• You have full legal capacity to enter into transactions;
• You have not been previously blocked on the Platform for violations.

2.2. Account Security

You are fully responsible for:

• Maintaining the confidentiality of your login credentials (username, password, PIN code);
• All actions performed using your account;
• Immediately notifying us of any unauthorized access to your account.

2.3. One User — One Account

Each user may have only one account. Creating multiple accounts is prohibited and may result in the blocking of all related accounts.

3. Rules of Service Use

3.1. Permitted Use

You may use the Service to:

• Post listings for the sale, exchange, or free transfer of books;
• Search for and purchase books for personal use;
Communicate with other users regarding transactions;
• Leave reviews about completed transactions.

3.2. Prohibited Actions

When using the Service, you are prohibited from:

• Posting listings for items other than books and printed publications;
• Publishing prohibited materials (pornography, extremism, promotion of violence);
• Posting counterfeit or pirated editions;
• Providing knowingly false information about books or their condition;
• Using the Service for fraudulent activities;
• Collecting personal data of other users;
• Sending spam or unsolicited messages;
• Using automated means to access the Service;
• Violating intellectual property rights of third parties;
• Circumventing the Platform's security systems.

3.3. Prohibited Content

It is prohibited to post books and materials containing:

• Calls for extremism, terrorism, violence;
• Pornographic content;
• Incitement to ethnic, religious, or social hatred;
• Promotion of drugs and psychotropic substances;
• Materials violating the laws of the Republic of Kazakhstan.

4. Transactions Between Users

4.1. Role of the Platform

SecondBook is an information intermediary and is NOT a party to transactions between users. We provide the technical capability to post listings and communicate, but we do not participate in negotiations, conclusion, or execution of transactions.

4.2. Responsibilities of Transaction Parties

The Seller is responsible for:

• Accuracy of information in the listing;
• Conformity of the book to the description and photos;
• Having the right to sell/exchange the book;
• Timely shipment or transfer of the book;
• Compliance with copyright laws.

The Buyer is responsible for:

• Timely payment of the agreed price;
• Providing correct delivery information;
• Inspecting the book upon receipt.

4.3. Prices and Payment

Book prices are set by sellers independently. SecondBook does not process payments and charges no commission. Price and payment are agreed and settled directly between users, off-platform. SecondBook is an intermediary for physical books and never holds or handles your money. Any in-app discovery, checkout or wallet surfaces are for intent and record-keeping only and are not a full payment service until a real payment provider is launched.

4.4. Delivery

The method and cost of delivery are agreed upon between the seller and buyer. The Platform is not responsible for the performance of delivery services.

5. Returns and Transaction Cancellations

5.1. Return Conditions

The Buyer has the right to return a book within 14 days of receipt if:

• The book significantly does not match the description in the listing;
• The book has defects not indicated by the seller;
• A different book than ordered was received.

5.2. Return Procedure

To make a return, you must:

1. Contact the seller through the Platform's chat;
2. Provide photos confirming the discrepancy;
3. Agree on return conditions with the seller;
4. If no agreement is reached — contact customer support.

5.3. Exceptions

Returns are not made if:

• The book matches the description but the buyer simply did not like it;
• The buyer damaged the book after receipt;
• More than 14 days have passed since receipt.

6. Dispute Resolution

6.1. Pre-Trial Settlement

In case of a dispute, the parties agree to attempt pre-trial settlement:

1. Negotiations between the transaction parties;
2. Contacting SecondBook customer support;
3. Mediation with a Platform representative.

6.2. Claims Procedure

Before going to court, a party must send a written claim to the other party. The claim review period is 30 calendar days.

6.3. Court Resolution

All disputes not resolved through pre-trial procedures shall be submitted to the courts of the Republic of Kazakhstan at the location of the Company (Almaty), unless otherwise provided by law.

7. Limitation of Liability

7.1. Disclaimer of Warranties

The Service is provided on an "as is" basis. The Company does not guarantee:

• Uninterrupted operation of the Service;
• Absence of errors and technical failures;
• Accuracy of information posted by users;
• Good faith and solvency of users;
• Quality of books offered on the Platform.

7.2. Limitation of Company Liability

The Company shall not be liable for:

• Actions or inactions of users;
• Losses incurred by users as a result of transactions;
• Quality, safety, or legality of goods;
• Fraudulent actions of users;
• Users' violation of third-party rights;
• Indirect, incidental, or consequential damages;
• Lost profits of users.

7.3. Maximum Liability

In any case, the Company's aggregate liability to a user shall not exceed the amount actually paid by the user to the Company for services during the 12 months preceding the event giving rise to the liability.

8. Indemnification

You agree to indemnify and hold harmless the Company, its affiliates, directors, employees, and agents from any losses, expenses (including legal fees and costs), claims, and demands of third parties arising from:

• Your violation of these Terms;
• Your violation of third-party rights;
• Your violation of the law;
• Content you post;
• Your transactions with other users.

9. Intellectual Property

9.1. Company Rights

All rights to the Service, including software, design, trademarks, databases, and content, belong to the Company or its licensors.

9.2. User License

The Company grants you a limited, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes.

9.3. User Content

By posting content on the Platform, you grant the Company a non-exclusive, royalty-free, worldwide license to use, copy, modify, and distribute such content for the purposes of operating the Service.

9.4. Copyright Infringement Complaints

If you believe your copyright has been infringed, please send us a notice containing:

• Description of the work whose rights have been infringed;
• Identification of the infringing material;
• Your contact information;
• A statement of good faith;
• Signature of the copyright owner or authorized person.

10. Privacy

The processing of your personal data is carried out in accordance with our Privacy Policy, which is an integral part of these Terms.

11. Account Blocking and Deletion

11.1. Blocking by the Company

The Company may restrict or terminate your access to the Service without prior notice in case of:

• Violation of these Terms;
• Violation of the law;
• Fraudulent activities or suspicion thereof;
• Complaints from other users;
• Government authority requests.

11.2. Deletion at User's Request

You may delete your account at any time through profile settings or by contacting customer support. After deletion:

• Your active listings will be unpublished;
• Personal data will be deleted in accordance with the Privacy Policy;
• Message history may be retained to fulfill legal obligations.

12. Changes to Terms

12.1. Amendment Procedure

The Company may change these Terms at any time. We will notify you of material changes at least 30 days before they take effect by:

• Posting on the Platform;
• Sending a notification to your email;
• Push notification in the mobile application.

12.2. Acceptance of Changes

Continued use of the Service after the changes take effect constitutes your acceptance of the new version of the Terms. If you do not agree with the changes, you must stop using the Service.

13. Force Majeure

The Company shall not be liable for failure or improper performance of obligations if caused by force majeure circumstances, including but not limited to: natural disasters, wars, terrorist acts, strikes, government actions, accidents, epidemics, communication network failures.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15. Waiver

The Company's failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision.

16. Entire Agreement

These Terms, together with the Privacy Policy and other rules posted on the Platform, constitute the entire agreement between you and the Company regarding the use of the Service.

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