Terms

Terms and conditions for the supply of services for consumers of ’Storybow’ (“Services”). The term ‘Storybow’ or ‘us’ or ‘we’ refers to the owner of the website whose Australian Business Number is 80 691 045 836. The term ‘you’ refers to the user/viewer of our website.

The following are terms of a legal agreement between you and Storybow. By accessing, browsing and/or using this website, you acknowledge that you have read, understood, and agree, to be bound by these terms and you agree to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this website.

1. Agreed terms for consumers

This text contains the terms and conditions (“Terms”) on which we supply educational and social-emotional stories and related material on www.storybow.com (“website”) to you. Please read these terms carefully before placing your order at storybow.com. When you subscribe to our website, you agree to be bound by these terms and conditions. If you subscribe, you thereby accept these terms and conditions, as stated in the checkout page before submitting your order.

1.1. Basis of sale

1.1.1. These Terms, combined with the Order, are considered as the whole agreement between you and us for the supply of the Services.

1.1.2.Please check that the details in these Terms and on the Order are complete and accurate before you commit yourself to purchasing monthly subscription. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our employees.

1.1.3. Please ensure that you read and understand these Terms before you submit an Order. You will be bound by the Terms once an Order is placed with us in accordance with clause 1.5.

1.2. Any material, sketches, drawings, wording or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an idea of the Services they describe. They do not form part of the contract between you and us or any other contract between you and us for the supply of the Services.

1.3. If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.

1.4. The Order is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.

1.5. These Terms shall become binding on you and us when:

1.5.1. We issue you with written acceptance of an Order (“Individual Membership confirmation”) after you sign up for online subscription to Storybow; or

1.5.2. In case of application for Group Membership: We notify you in writing/email that we are able to provide the Services (“Group membership confirmation”), at which point a contract shall come into existence between us.

1.6.Any quotation for the Services is given on the basis that a binding contract shall only come into existence in accordance with clause 1.5.

1.7.We shall confirm your order and, when approved, assign you with an email confirmation (“The membership confirmation”). Please quote the most recent Invoice number (“Invoice number”) and your username/email address in all subsequent correspondence with us.

1.8 Subject to clause 1.9, you may at any time cancel an Order by providing us with written notice to contact@storybow.com, or through using the ‘cancel membership’ button in your Storybow ‘My Account’.

1.9. If you cancel an Order, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your cancellation. However, where the amendment or cancellation is due to our failure to comply with these Terms you shall have no liability to us.

1.10. We have the right to revise and amend these Terms from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You will be subject to the policies and terms in force at the time that you place an Order, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case it will apply to orders you have previously placed that we have not yet fulfilled. If the Services are ongoing, we will give you prior notice of any changes to these Terms and you can choose to cancel the Order without penalty before the new Terms affect you.

2. Quality of services

2.1. Unless we are prevented from doing so by a force majeure event, we will provide Services which:

2.1.1. Conform in all material respects with their description;

2.1.2. Are carried out with reasonable care and skill;

2.1.3. Are fit for any purpose we say the Services are fit for, or for any purpose for which you use the Services and about which you have informed us, or we could reasonably expect you to use the Services;

2.2. These Terms apply to any replacement Services we supply to you in the unlikely event that the original Services do not conform with these Terms.

2.3. You must provide us, in sufficient time, with any information and instructions relating to the Services that is or we believe necessary to enable us to provide the Services in accordance with these Terms.

2.4. If you do not comply with clause 2.3, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the Order by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.

2.5. We only supply the Services for domestic and private use, and you agree not to use the Services for any commercial purpose whatsoever.

3. Provision of Services

3.1. We will supply the Services to you from or on a specific date or the date set out in the Order.

3.2. The Services will be supplied for a period as stated in the Order or until otherwise terminated in accordance with these Terms.

3.3. We will make every effort to complete the Services on time but there may be delays due to circumstances beyond our control. In this case we will complete the Services as soon as reasonably possible and you are not entitled to a deduction in our fees for the Services.

3.4. We may have to suspend the Services if we have to deal with technical problems, or to make improvements to the Service. We will let you know in advance where this occurs, unless the problem is urgent or an emergency.

4. Defective services

4.1. In the unlikely event that the Services do not conform with these Terms, please let us know as soon as possible after we have carried them out. We will:

4.1.1. Provide you with a full or partial refund depending on what is reasonable; or

4.1.2. Re-perform the Services and offer you another date.

4.2. These Terms will apply to any replacement Services we supply to you.

5. Intellectual property rights

5.1. The copyright, design right and all other intellectual property rights in any materials and other documents or items that we prepare or produce for you in connection with the Services will belong to us absolutely.

5.2. You may not use the materials, documents or other items provided to you by us for any commercial purpose.

6. Fees and payment

6.1. The fees of the Services will be as set out in the quotation we provided to you (“membership confirmation”) or, if we have not provided a quotation or the quotation has expired, in our fees list in force at the time we confirm your Order. Fees are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing.

6.2. These fees include GST. However, if the rate of GST changes between the date of the Order and the date of delivery, we will adjust the GST you pay, unless you have already paid for the Services in full before the change in the rate of GST takes effect.

6.3. We may ask for upfront payment by Paypal upon their terms and conditions or invoice you for the Services in advance when you place your order OR at any time after we have provided the Services to you OR monthly or in some other period in advance. The invoice will quote the Invoice Number. You must pay the invoice in cleared monies when you place an Order online using the payment methods detailed on the website.

6.4. Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of the Services or any other outstanding Order until you have paid the outstanding amounts.

7. Limitation of liability

7.1. Subject to clause 8.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result (subject to clause 7.2), except for those losses which we or you could reasonably foresee would result from the failure to comply with these Terms.

7.2. Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:

7.2.1. Loss of income or revenue;

7.2.2. Loss of business;

7.2.3. Loss of anticipated savings; or

7.2.4. Loss of data.

7.3. This clause does not include or limit in any way our liability for:

7.3.1. Fraud or fraudulent misrepresentation; or

7.3.2. Any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

8. Events outside our control

8.1. We will not in any case be responsible for a delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Event”).

8.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:

8.3.1. Strikes, lock-outs or other industrial action; or

8.3.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or

8.3.3. Fire, explosion, storm, flood, earthquake, volcano, subsidence, epidemic or other natural disaster; or

8.3.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or

8.3.5. Impossibility of the use of public or private telecommunications networks.

8.4. Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.

8.5. This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Website may contain technical inaccuracies or typographical errors.

8.6. Information may be changed or updated without notice. we may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

8.7. We assume no responsibility regarding the accuracy of the information that is provided by us and use of such information is at the recipient’s own risk. The goal of the stories is not to be therapeutic, but educative. We provide no assurances that any reported problems may be resolved with the use of any information that we provide. By furnishing information, we do not grant any licenses to any copyrights, patents or any other intellectual property rights.

9. Termination

9.1. Either of us may terminate the arrangement (“membership to Storybow”) between us at any time by providing the other party with 30 calendar days’ prior notice. Notice may be giving in writing (email), or consumers may also terminate membership through using the ‘cancel membership’ button in your Storybow ‘my account’.

9.2. Termination will not affect either party’s outstanding rights or duties, including our right to recover from you any money you owe us under these Terms.

9.3. Subject to the Terms, we will provide the Services for the period according to the Order.

10. Assignment

You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.

11. Notices

All notices sent by you to us must be sent to STORYBOW at contact@storybow.com, or through your Storybow ‘my account’ . We may give notice to the e-mail address you provide to us in the Order. An e-mail notice will be deemed received 24 hours after an e-mail is sent. In proving the service of an e-mail notice, it will be sufficient to prove, that the e-mail was sent to the specified e-mail address of the addressee.

12. Data protection

Save where you expressly consent we will only use the personal information you provide to us to provide the Services, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information.

13. General

13.1. If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

13.2. If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you it will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.

14. Interpretation

14.1. The definitions in this clause apply to these Terms:

14.1.1. Force Majeure Event: shall have the meaning given in clause 8.

14.1.2. Order: your order for the Services of Storybow.

14.1.3. Order Confirmation: the written membership confirmation. Meaning is set out in clause 1.5.

14.1.4. Services: the services that we are providing to you as set out in the Order.

14.1.5. Terms: the terms and conditions set out in this document.

14.1.6. We/us: Storybow.

14.1.7. Writing or written: only per e-mail.

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