Librarika: Terms of Use

Provider: Raynux Pty Ltd (ABN 38 700 717 166). Version 3.0. Effective date: 30 September 2026. Supersedes the previous Librarika Terms of Use.

1. Who we are and what these terms cover

Librarika is a cloud-based Integrated Library System (Librarika, the Service) operated by Raynux Pty Ltd (ABN 38 700 717 166), Level 29, 221 St Georges Terrace, Perth WA 6000, Australia (Raynux, we, us, our). You can reach us at info@raynux.com or info@librarika.com.

These Terms of Use (Terms) are a legal agreement between Raynux and the person or organisation that registers for or uses the Service (you, Customer). They govern your access to and use of Librarika, including any associated websites, applications and support.

Note on the change of provider. The Service is now provided by Raynux Pty Ltd, an Australian company, which has taken over the operation of Librarika from its previous operator. These Terms replace all earlier terms. Your continued use of the Service on or after the effective date confirms your acceptance of these Terms and of Raynux Pty Ltd as your contracting provider.

If you use Librarika on behalf of a library, school, institution or other organisation, you confirm you are authorised to accept these Terms for that organisation, and "you" and "Customer" mean that organisation.

2. Accepting these terms and eligibility

By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

You must be able to form a binding contract to open an account. The Service is intended for use by libraries and their staff. Library patrons and members access the Service only through a subscribing library, under that library’s own terms and policies — these Terms bind the Customer (the library), not its individual patrons. You are responsible for the acts and omissions of everyone you allow to use your account.

3. Your account and security

You must provide accurate registration information and keep it up to date.
You are responsible for all activity under your account and for keeping login credentials confidential.
You must notify us promptly at info@librarika.com if you suspect unauthorised access to or use of your account.
We may require reasonable security steps (such as strong passwords or multi-factor authentication) and may suspend access where we reasonably believe an account is compromised.

4. Acceptable use

You must use the Service lawfully and must not, and must not permit any user to:

break any applicable law, or infringe anyone's intellectual property, privacy or other rights;
upload or distribute malware, or interfere with, probe or disrupt the Service, its security or other users;
attempt to gain unauthorised access to any system, data or account;
reverse engineer, decompile or copy the Service except to the extent this restriction is prohibited by law;
resell, sublicense or provide the Service to third parties except to your own authorised users and patrons in the ordinary operation of your library;
use the Service to store or transmit content that is unlawful, defamatory, harassing or harmful, or to send unlawful marketing;
use automated means to extract data other than through features or APIs we provide, or in excess of reasonable use that degrades the Service for others.

We may investigate suspected breaches and may remove content or suspend access as set out in clause 11.

5. Your content — ownership and the licence you give us

Customer Content means all data, catalogue records, patron information, images, reviews and other material that you or your users submit to or create in the Service.

You keep ownership. As between you and Raynux, you (or your licensors) retain all right, title and interest in Customer Content. We do not claim ownership of it.

You can export your Customer Content at any time during your subscription using the export or API features we provide.

Licence to us. You grant Raynux a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display and process Customer Content, and to create back-ups, solely to: (a) provide, secure and support the Service to you; (b) prevent or address technical or security problems and enforce these Terms; and (c) improve and develop the Service, provided that any use for improvement is limited to your instructions or uses de-identified or aggregated data that does not identify you, your users or any patron.

This licence lasts only as long as needed for those purposes and ends when Customer Content is deleted, subject to clause 12 and lawful retention.

Your responsibility for content. You represent that you have the rights and any necessary consents to submit Customer Content and to grant this licence, and that Customer Content and its use through the Service do not breach any law or third-party right.

6. Personal information and data protection

Much of the Customer Content — particularly patron and member information — is personal information.

For patron and member personal information, you are the data controller (or, under the Australian Privacy Act, the APP entity that decides how the information is handled), and Raynux acts as your processor / service provider, handling that information on your documented instructions to deliver the Service.
You are responsible for having a lawful basis and any required notices or consents to collect and use patron information, and for your own compliance with applicable privacy and data-protection laws.
Our handling of personal information as a processor is governed by our Data Processing Addendum (DPA), incorporated into these Terms by reference and including the Standard Contractual Clauses for international transfers. If the DPA conflicts with these Terms about processing personal information, the DPA prevails.
How Raynux handles personal information for which it is itself the controller (such as account administrator and billing data, and website visitor data) is described in our Privacy Policy.

7. Subscriptions, fees, taxes and renewal

Plans and fees. Paid plans are described at sign-up or in an order. Fees are payable in advance for the subscription period stated.
Payment. Payments are processed by our third-party payment providers, each acting as merchant of record, subject to its terms. You authorise us and our provider to charge your chosen payment method for all fees due.
Taxes. Fees are exclusive of taxes. You are responsible for all applicable taxes, duties and levies (such as GST, VAT or sales tax), except taxes on Raynux's income.
Auto-renewal. Unless you cancel before the end of the current period, paid subscriptions renew automatically for a further period of the same length. We will notify you of any price change at least 30 days before it takes effect and before the cancellation cut-off, so you have a genuine opportunity to decline. You can cancel renewal at any time; cancellation takes effect at the end of the current paid period, or at renewal without penalty.
Refunds. Fees are non-refundable except: where required by law (including the Australian Consumer Law); where we terminate or discontinue the Service or your plan for convenience (clauses 10 and 12); or where you terminate because you reasonably reject a material change (clause 18). In those cases we refund unused prepaid fees on a pro-rata basis.
Non-payment. If fees are overdue, we may suspend or downgrade the Service after reasonable notice.

8. Third-party services

The Service may integrate with or link to third-party services (such as payment processing, analytics, login providers and catalogue or metadata sources). Those services are provided by their own operators under their own terms and privacy policies. We are not responsible for third-party services, and your use of them is at your own risk and subject to their terms.

9. Librarika's intellectual property

The Service, including its software, design, text, graphics and trademarks (including "Librarika" and "Raynux"), is owned by Raynux or its licensors and protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to access and use the Service during your subscription for your internal library operations, subject to these Terms; this right may be suspended or ended only in accordance with clauses 11 and 12. Except for that right, no licence or ownership in the Service is granted to you. We may use feedback you provide without restriction or obligation to you.

10. Availability, changes and discontinuation

We aim to keep the Service available and reliable but do not guarantee uninterrupted or error-free operation.
We may change, add or remove features from time to time, and will not materially reduce the core functionality of a paid plan during a paid period without reasonable notice.
If we discontinue the Service (or a paid plan) altogether, we will give at least 90 days' notice and a reasonable opportunity to export your Customer Content.

11. Suspension

We may suspend your access (in whole or part) if we reasonably believe: (a) you have materially breached these Terms or the acceptable-use rules; (b) your use poses a genuine security or legal risk to us, other users or the Service; or (c) undisputed fees are overdue. We will not suspend for fees you are disputing in good faith. Where practical and lawful, we will give notice and an opportunity to fix the problem, and restore access promptly once resolved. If we suspend you without proper grounds, we will credit or extend your subscription for the affected period.

12. Termination, and what happens to your data

By you. You may stop using the Service and close your account at any time. For paid plans, see clause 7.
By us. We may terminate these Terms or your account: for convenience on at least 30 days’ notice, in which case we refund unused prepaid fees on a pro-rata basis; immediately if you materially breach these Terms and do not fix the breach within a reasonable time; or where required by law.
Effect. On termination your right to use the Service ends. For 30 days after termination you may request an export of your Customer Content in a commonly used format (unless terminated for serious or unlawful conduct). After that, we will delete or de-identify Customer Content within a reasonable time, except where we must retain it to comply with law, resolve disputes or enforce our agreements, and subject to back-ups overwritten in the ordinary course. Deletion and export of personal information are also governed by the DPA.
Clauses that by their nature should survive (including 5, 6, 9, 13–17 and 18–23) survive.

13. Warranties and disclaimer

Our services come with guarantees that cannot be excluded under the Australian Consumer Law, and nothing in these Terms limits those (see clause 14). Subject to that, and to the maximum extent permitted by law, the Service is provided on an "as is" and "as available" basis: we do not guarantee that it will be uninterrupted, error-free or secure, or that it will meet every requirement, or that data will never be lost or corrupted (please keep your own back-ups where you can), and we exclude other warranties to the extent the law allows.

14. Australian Consumer Law and other non-excludable rights

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other law, where it cannot lawfully be excluded (Non-excludable Rights). If the Australian Consumer Law applies and the Service is not of a kind ordinarily acquired for personal, domestic or household use, then to the extent permitted by section 64A our liability for failure to comply with a consumer guarantee is limited, at our option, to re-supplying the services or paying the cost of having them re-supplied. Clauses 13 and 15 apply only to the extent they do not exclude or limit Non-excludable Rights.

15. Limitation of liability

Subject to clause 14 (Australian Consumer Law):

No indirect or consequential loss. Neither party is liable to the other for loss of profits, revenue, goodwill, anticipated savings or business, or for any indirect, incidental, special or consequential loss, arising out of or in connection with these Terms or the Service.
General cap. Except as stated in the next bullet, each party’s total aggregate liability arising out of or in connection with these Terms is limited to the total fees you paid to Raynux in the 12 months before the event giving rise to the liability, or AUD 500 if that is greater.
Data protection and confidentiality. Raynux’s liability for its own breach of clause 6 (personal information) or clause 17 (confidentiality) — including loss, corruption or unauthorised disclosure of personal information — is limited to the lower of the total fees you paid to Raynux in the prior 12 months or AUD 5,000. Subject to that cap, we do not otherwise exclude liability for loss caused by our own failure to meet our data-security obligations.
These limits apply to all claims in aggregate, whether in contract, tort (including negligence), statute or otherwise. They do not apply to: your obligation to pay fees; liability for death, personal injury or fraud; or Non-excludable Rights under clause 14.

16. Indemnities

(a) By you. If you use the Service for business, government, educational or institutional purposes, you will indemnify Raynux against loss from a third-party claim to the extent caused by your Customer Content, your use of the Service in breach of these Terms or any law, or your failure to obtain a consent or give a notice required for patron information — reduced to the extent Raynux caused or contributed to the loss. (b) By us. Raynux will indemnify you against loss from a third-party claim that the Service, as provided by us and used in accordance with these Terms, infringes that third party’s intellectual-property rights, or that arises from Raynux’s own breach of its data-protection or confidentiality obligations — reduced to the extent you caused or contributed to the loss. (c) Each indemnity is subject to the limits in clause 15, and to the indemnified party promptly notifying the claim, allowing the other party to participate in the defence, and not settling in a way that admits fault or imposes obligations without consent.

17. Confidentiality

Each party may receive non-public information of the other that is marked or reasonably understood to be confidential. The receiving party will use it only to perform under these Terms, protect it with reasonable care, and not disclose it except to personnel and advisers who need it and are bound to confidentiality, or as required by law. This does not apply to information that is public, independently known or independently developed, and does not override the DPA and Privacy Policy.

18. Changes to these terms

We may update these Terms. If we make a material change (one that materially reduces your rights or the Service, or increases your obligations), we will give you at least 30 days’ notice before it takes effect, by email to your account contact or a prominent notice in the Service. Minor or clarifying changes, and changes required by law, may take effect on shorter notice. If you do not agree to a material change, you may terminate before it takes effect and we will refund your unused prepaid fees on a pro-rata basis; if you continue to use the Service after the effective date, you accept the change.

19. Assignment and novation

You may assign or transfer these Terms to a successor operator of your library or organisation with our prior written consent, which we will not unreasonably withhold. We may assign, transfer or novate these Terms to a related body corporate, or in connection with a merger, reorganisation or sale of the relevant business or assets, on at least 30 days’ notice to you and provided the assignee agrees to be bound; if the change would materially prejudice you, you may terminate before it takes effect and receive a pro-rata refund of unused prepaid fees. Provision of the Service moved from the previous operator of Librarika to Raynux Pty Ltd on this basis.

20. Force majeure

Neither party is liable for delay or failure to perform (other than a payment obligation) caused by events beyond its reasonable control, provided it takes reasonable steps to mitigate. If such an event continues for more than 60 days, either party may terminate the affected subscription on notice. On termination for a force-majeure event, we refund unused prepaid fees on a pro-rata basis.

21. Governing law and jurisdiction

These Terms are governed by the laws of Western Australia, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Western Australia and the courts competent to hear appeals from them. Nothing prevents a party from seeking urgent injunctive relief in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

22. United States — additional terms for US customers

Application. This clause 22 applies only where you are a Customer located in the United States. For those Customers it modifies clauses 13 (warranties) and 21 (governing law) as set out below, and prevails over those clauses to the extent of any conflict. It does not apply to Customers outside the United States.

Governing law and courts (US customers). For US Customers, and instead of clause 21, these Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and each party submits to the exclusive jurisdiction of the state and federal courts located in Delaware — except that either party may seek urgent injunctive relief in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Government and public-institution customers. If you are a US public library, school, school district, public college or university, or other governmental or public entity that is legally required to be governed by, or to bring disputes in, the courts of the State in which you are established, then, instead of the paragraph above, these Terms are governed by the law of that State to the extent its law mandatorily applies to you, and disputes will be heard in the state or federal courts located in that State. All other provisions of these Terms continue to apply to you.

Jury trial. To the extent permitted by applicable law, each party waives any right to a trial by jury in any proceeding arising out of or relating to these Terms or the Service. This paragraph does not apply to a government or public-institution customer to the extent the waiver is prohibited by the law that applies to it.

Warranty disclaimer (US customers). The following applies to Customers in the United States and is in addition to clause 13. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND RAYNUX AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. RAYNUX DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Automatic renewal (US customers). Where US State automatic-renewal laws apply (including the California Automatic Renewal Law), we present the automatic-renewal terms clearly and conspicuously before you subscribe, obtain your consent, send an acknowledgment with cancellation instructions, and let you cancel at any time (including online or by email), with cancellation applying to future renewals as described in clause 7.

How this clause fits with the rest of the Terms. For US Customers, this clause 22 prevails over any conflicting provision in clauses 13 and 21 to the extent of the conflict. For all other Customers, this clause does not apply and clauses 13 and 21 apply in full.

23. General and contact

Entire agreement. These Terms, the DPA, the Privacy Policy and any order together form the entire agreement about the Service and replace all prior terms.
Severance and waiver. If any part is unenforceable, the rest continues; a failure to enforce is not a waiver.
Notices. We may give notices through the Service or to your account email; contact us at info@raynux.com or info@librarika.com.
No agency. Nothing here creates a partnership, agency or employment relationship.

Contact: Raynux Pty Ltd, Level 29, 221 St Georges Terrace, Perth WA 6000, Australia — info@raynux.com / info@librarika.com.