STORY BOX LIBRARY – STORY TOOLS TERMS AND CONDITIONS:
Story Box Library Pty Ltd (ACN 165 506 567) of PO Box 292, Elwood, VIC, 3184, Australia (“Story Box Library”) provides this website https://storytools.com.au together with all related relevant domains (the “Story Tools Website”) subject to the following provisions (the “Terms and Conditions”).
Please read and consider these Terms and Conditions very carefully, as they detail your agreement with Story Box Library, whether as a visitor (“Visitor”) or a registered subscriber (“Subscriber”) of the Story Tools Website (with Visitors and Subscribers collectively referred to as “you”, “your” and/or “user/s”).
By your continued use of the Story Tools Website, you are deemed to agree to and accept these Terms and Conditions, including without limitation the Story Tools Privacy Policy https://www.storytools.com.au/privacy-policy/. If you do not agree with or understand these Terms and Conditions, you must not continue to access or use the Story Tools Website.
Before continuing, please note that Visitors to the Story Tools Website are granted limited access to promotional content featured for the purposes of deciding whether to become a Subscriber of the Story Tools Website, but are still required to comply with these Terms and Conditions where relevant.
If you become a Subscriber (whether as the main registered account for your educational provider or as an associate of the educational provider), you will be able to access the Story Tools Website’s various lessons and lesson series, accompanied by other educational resources and materials.
For further information regarding the different kinds of pricing tiers available through the Story Tools Website and the associated fees, submit a Story Tools enquiry form at https://www.storytools.com.au/privacy-policy/, or contact one of our Representatives.
On the above understanding, it is hereby agreed between you and Story Box Library that:
1) ACCEPTANCE OF TERMS AND CONDITIONS:
(a) By accessing or using the Story Tools Website and its lessons, lesson series, educational content and information (the “Story Tools Content”) and/or registering as a Subscriber, you accept these Terms and Conditions and acknowledge and agree that you are entering into a legally binding contract with Story Box Library.
(b) The term of these Terms and Conditions shall commence at the time you acknowledge your acceptance of these Terms and Conditions in accordance with Section (a), and shall continue unless cancelled or terminated by either you or Story Box Library in accordance with the provisions of these Terms and Conditions (the “Term”).
(c) You acknowledge that when you register as a Subscriber, you will be required to provide relevant Subscriber information via a Story Tools enquiry form or to one of our Representatives (the “Subscriber Information”) and you agree to provide full, complete and accurate Subscriber Information, as required by Story Box Library.
(d) By providing Subscriber Information to one of our Representatives, you acknowledge and agree that the Representative shall generate a Subscription on your behalf, in accordance with these Terms and Conditions and our Privacy Policy [hyperlink].
(e) If you register a login on behalf of someone else, you acknowledge that you may be required to provide relevant third party Subscriber Information to Story Tools, including via the Story Tools’ online registration form.
(f) Whenever you provide end user Subscriber Information, you acknowledge and represent that:
(i) the End User has read, understood, and accepted these Terms and Conditions and our Privacy Policy https://www.storytools.com.au/privacy-policy/ before registering the login; and
(ii) you are expressly authorised to provide personal information about the End User as required by the Story Tools’ online registration form.
2) YOUR ACCOUNT
(a) Subscribers will have access to the Story Tools Website and the Story Tools Content through their organisation’s registered and paid subscription (“Subscription”) in order to use the Story Tools Website for non-commercial educational purposes during the Term of the Subscription.
(b) The price of your Subscription will be calculated on the number of end users registered with the Subscription.
(c) At the end of your Subscription term, we will contact you to renew your Subscription, or you may notify Story Box Library or the applicable Representative (if relevant) in writing if you wish to renew your Subscription at the end of the annual Subscription term.
(d) If you do not wish to renew your Subscription, you may notify Story Box Library or the applicable Representative in writing prior to the end of the annual Subscription term and your Subscription will expire at the end of the Subscription term.
(e) Subject to (f) below, if you are registering a Subscription for or on behalf of an organisation or entity with multiple campuses, branches, subsidiaries or affiliates, then the rights of that Subscriber only extend to the nominated and expressly approved campuses, branches, affiliates and/or subsidiaries.
(f) In the instance that a Subscriber does not specify the relevant school, campus, branch, or entity to which the rights conferred by their Subscription apply, Story Box Library shall, at its sole discretion, be entitled to determine the extent of the Subscription conferred by these Terms and Conditions, and/or immediately terminate, suspend or restrict the Subscription of the relevant Subscriber.
(g) Subscribers acknowledge and agree that Story Box Library may not directly manage their Subscriptions, and that an authorised Story Box Library representative (“Representative”) may manage Subscriptions on behalf of Story Box Library. The current Representatives are:
(i) Lamont Books Pty Ltd (ABN 37 053 311 621); and
(ii) James Bennett Pty Ltd (ABN 17 000 465 127).
(h) If the Representative changes from time to time, Story Box Library will notify Subscribers by, amongst other things, updating these Terms and Conditions.
(i) Subscribers agree that their Subscription applications may be verified by Story Box Library or its Representatives from time to time, to ensure that they are valid, approved by the relevant associated organisation and are being used properly and in accordance with these Terms and Conditions.
3) PAYMENT:
(a) In consideration for your registration as a Subscriber, use of the Story Tools Website and access to the Story Tools Content, you agree to pay Story Box Library (or its Representative, as relevant) the applicable agreed upon fee for your Subscription (the “Fee”).
(b) Once paid, the Fee is non-refundable, unless a refund would be required by law.
(c) The Fee will be due and payable to Story Box Library within thirty (30) days of us issuing an invoice. Story Box Library accepts cheque payments, direct deposits and international electronic transfers.
(d) The Fee will be due and payable in accordance with the reasonable payment terms as specified by Story Box Library or the applicable Representative.
(e) Upon full receipt of the Fee and approval of a Subscription application, Story Box Library will activate the Subscription and associated registration link.
(f) Story Box Library may from time to time, at its absolute discretion, agree in writing to accept payment of the Fee in arrears, in which case its agreement to do so shall in no way waive or vary its rights or your obligations under these Terms and Conditions, including Story Box Library’s right to review its decision and require future payment of the Fee in advance.
4) GST
(a) Unless expressly specified by Story Box Library or its Representative, the Fees or other sums payable or consideration to be provided under or in accordance with these Terms and Conditions are inclusive of GST (having the same meaning it has in A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended (the “GST Act”).
(b) If a party makes a taxable supply (as understood under the GST Act) under or in connection with these Terms and Conditions, you will pay to Story Box Library at the same time, and in addition to the GST-inclusive consideration, an amount equal to the GST payable on that supply.
(c) Story Box Library will give you a tax invoice in relation to the payment of GST under this section.
5) PROHIBITED CONDUCT:
(a) You acknowledge and agree that under no circumstances will you (or any individual using your Subscription) engage in any of the following conduct, all of which is strictly prohibited:
(i) use the Subscription or Story Tools Content for any purpose outside the terms of the licence provided under these Terms and Conditions;
(ii) access the Story Tools Website or the Story Tools Content using a subscription that is not approved or permitted under these Terms and Conditions or the rules and conditions detailed on the Story Tools Website;
(iii) download, copy, record, adapt, distribute or re-transmit any or all of the Story Tools Website or the Story Tools Content except as provided under these Terms and Conditions;
(iv) use any data-mining, tracking technology, robots, code or similar data gathering or extraction methods on any part of the Story Tools Website or in relation to the Story Tools Content;
(v) manipulate or otherwise display the Story Tools Website or Story Tools Content by using framing or other similar navigational technology;
(vi) infringe or breach any applicable laws or regulations in using or accessing the Story Tools Website or the Story Tools Content;
(vii) make the Story Tools Content available to more users than are permitted or contemplated under your particular Subscription;
(viii) use the Story Tools Website or Story Tools Content for any purpose other than its intended purpose, including, but not limited to, sale of access to the Story Tools Website or Story Tools Content; use of the Story Tools Website or Story Tools Content to gain advertising or subscription revenue; sale of advertising on the Story Tools Website; use of the Story Tools Website or Story Tools Content for any non-approved commercial purpose; use of the Story Tools Website, the Story Tools Content, or related resources for the purposes of competing with or displacing the market for Story Box Library;
(ix) use the Story Tools Website or Story Tools Content for any purpose reasonably considered objectionable by Story Box Library, including, but not limited to, use of the Story Tools Website for any obscene, discriminatory, abusive, violent, sexually explicit, defamatory, vilifying, prejudicial, inaccurate, or otherwise inappropriate purpose; or
(x) providing, linking or uploading material that contains any nudity, or any obscene, violent, harassing, sexually explicit, defamatory, offensive, vilifying, prejudicial, inaccurate, inappropriate or other objectionable subject matter.
(b) If you become aware of misuse of the Story Tools Website by any person, please contact Story Box Library (per the details under the Contacting Us section).
6) INTELLECTUAL PROPERTY:
(a) All Story Tools Content, information, resources and material, including, text, graphics, logos, audio and video recordings (including their underlying works), software and the Story Tools Website are the intellectual property of Story Box Library, or have been properly licensed by Story Box Library for the purpose of operating the Story Tools Website and subscription service. All such materials are protected by national and international laws of copyright, trade mark, design, moral rights and similar laws related to the protection of intellectual property.
(b) The rights in the name “Story Box Library”, “Story Tools”, the Story Box Library and Story Tools logo, trade marks and all related intellectual property are owned and expressly reserved by Story Box Library.
(c) You acknowledge and accept that use of the Story Tools Content and the Story Tools Website is limited to the specific, limited usage provided under these Terms and Conditions and on the Story Tools Website, which covers the transmission and communication of the Story Tools Content for approved educational purposes, and that notwithstanding this, you may still require separate licences covering the works and/or sound recordings, incorporated in and/or underlying the Story Tools Content or on the Story Tools Website.
(d) If Story Tools Content materials or resources are made available for download through your Subscription, each Subscriber has an individual limited, non-transferable, revocable licence to download and use such materials or resources strictly for non-commercial educational purposes with respect to the Subscriber’s specific teaching within their Subscriber organisation only. Subscribers are expressly prohibited from using any downloadable materials or resources for personal or commercial use, or from making the resources or materials available to others.
(e) No Story Tools Content or logo, trade mark, or copyright material belonging to Story Box Library or featured on the Story Tools Website, whether registered or unregistered, may be used, reproduced or exploited in any way other than as expressly provided under these Terms and Conditions or expressly permitted via your Subscription, without the prior express permission of Story Box Library.
(f) If you believe that any material on the Story Tools Website infringes upon any copyright or any other intellectual property right that you own or control, please contact Story Box Library (per the details under the Contacting Us section).
7) TERMINATION:
(a) The agreement between you and Story Box Library will automatically expire if your Subscription expires and is not renewed and you do not continue to access or use the Story Tools Website as a Visitor, but these Terms and Conditions will continue to operate between us if your Subscription is renewed or you continue to access or use the Story Tools Website as a Visitor.
(b) In the instance that you breach or fail to uphold any provision of these Terms and Conditions, Story Box Library reserves the right, in its sole discretion, to reject, refuse, revoke or otherwise limit your Subscription or to restrict, suspend, or terminate your access to all or any part of the Story Tools Website and/or the Story Tools Content at any time, with or without prior notice, and without liability.
(c) Without limitation to Story Box Library general power of termination under section (b) above, you acknowledge and agree that Story Box Library may without notice, discontinue (temporarily or permanently) the Story Tools Website, Story Tools Content or other services (or any part thereof), or terminate, revoke or otherwise limit your Subscription at any time in the instance that:
(i) there is a discontinuance to the Story Tools Website, Story Tools Content or services;
(ii) there is a material modification to the Story Tools Website, Story Tools Content or services;
(iii) there is a technical or security issue or problem;
(iv) you fail to provide the Subscriber Information, or you provide information that is incomplete, inaccurate or false;
(v) you fail to pay your Fees as and when they are due, either to Story Box Library or to the applicable Representative;
(vi) you fail to verify your billing details within Story Box Library nominated timeframe (which may be required within twenty-four hours); or
(vii) you are subject to an insolvency event such as winding up, dissolution, bankruptcy, arrangement, compromise with or assignment for the benefit of creditors, incapacity to pay debts as and when they fall due, appointment of a receiver and / or manager to any of your assets, or are otherwise insolvent within the meaning of the Corporations Act 2001 (Cth) (where permissible at law).
(d) Upon expiry, revocation, restriction or earlier termination of your agreement with Story Box Library or your access to the Story Tools Website or the Story Tools Content:
(i) your Subscription will automatically lapse;
(ii) End User access to the Subscription or Story Tools Content shall cease;
(iii) your access to the Story Tools Website or as a Visitor may be restricted, at Story Box Library’s discretion;
(iv) Story Box Library shall be entitled to retain the Fee, to the extent permitted by law, without limiting their rights in relation to any potential breach of contract;
(v) you shall not reproduce, transmit, distribute or otherwise provide any third party with any of the Story Tools Content you accessed during the Term; and
(vi) this section as well as sections 6), 8), 9) and 10) will continue to operate after the Term.
8) DISCLAIMERS
(a) TO THE MAXIMUM EXTENT PERMITTED AT LAW:
(i) THE STORY TOOLS WEBSITE, STORY TOOLS CONTENT AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE;
(ii) WE MAKE NO WARRANTY THAT YOUR USE OF THE STORY TOOLS WEBSITE OR STORY TOOLS CONTENT WILL MEET YOUR REQUIREMENTS, PRODUCE A SPECIFIC RESULT OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, AND WE MAKE NO WARRANTY AS TO THE ACCURACY, TIMELINESS, COMPLETENESS OR RELIABILITY OF ANY STORY TOOLS CONTENT OBTAINED THROUGH THE STORY BOX LIBRARY SERVICES; AND
(iii) YOUR RELIANCE UPON THE STORY TOOLS CONTENT OBTAINED OR USED BY YOU THROUGH THE STORY TOOLS WEBSITE IS SOLELY AT YOUR OWN RISK. STORY BOX LIBRARY WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, RESULTING FROM USE OF THE STORY TOOLS CONTENT OR THE STORY TOOLS WEBSITE, ANY USER CONTENT POSTED ON OR THROUGH THE STORY TOOLS WEBSITE, OR FROM THE CONDUCT OF ANY USERS OF THE STORY TOOLS WEBSITE WHETHER ONLINE OR OFFLINE.
(b) Story Tools Content, or any other material or information created and posted by Story Box Library or its users may contain links to other third party websites. Story Box Library is not responsible for the content, accuracy or opinions expressed on such third party websites, and such third party websites are in no way investigated, monitored or checked for accuracy or completeness by Story Box Library. Inclusion of any linked third party website on the Story Tools Website or within the Story Tools Content does not imply approval or endorsement of the linked third party website by Story Box Library, and Story Box Library takes no responsibility for third party endorsements. When you access these third-party sites, you do so at your own risk.
(c) To the fullest extent permitted at law, Story Box Library assumes no responsibility for any error, omission, technical malfunction, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of the Story Tools Content or the Story Tools Website, including any injury or damage to users or to their computer, mobile or other device related to or resulting from participation or downloading materials in connection with the Story Tools Website or the Story Tools Content.
(d) The Story Tools Website is controlled and offered by Story Box Library from its facilities in Australia. Users who access or use the Story Tools Website from other jurisdictions are responsible for complying with local laws. We will notify you if we know of any copyright restrictions on any of the Story Tools Content, which may affect your access to that content (if applicable).
9) INDEMNITY:
To the fullest extent permitted at law, except where any loss, liability, claim or demand has been caused or contributed to by an unlawful or fraudulent act or omission by Story Box Library or its assigns, you agree to indemnify and hold Story Box Library, its assigns, and their respective officers, agents, partners and employees, harmless from any claim, loss, damage, liability or demand, including without limitation, reasonable legal fees, arising from a claim by the holder of intellectual property rights in any work or subject matter in relation to your misuse of the Story Tools Content or the Story Tools Website, or on the basis that you did not hold appropriate permissions with respect to using materials incorporated in the Story Tools Content or the Story Tools Website.
10) LIMITATION ON LIABILITY:
To the fullest extent permitted at law, in no event shall Story Box Library, or any other person or entity involved in creating, developing or delivering the Story Tools Website or Story Tools Content be liable to you or any third party for any damages (including without limitation lost profit, indirect, consequential, exemplary, incidental, special or punitive damages) arising from your use or inability to access the Story Tools Website or the Story Tools Content, howsoever arising, even if Story Box Library, our licensors, our suppliers, or any third parties associated with the Story Tools Website or Story Tools Content have been advised of the possibility of such damages.
11) MISCELLANEOUS:
(a) These Terms and Conditions may not be varied except in a further or updated written instrument provided by Story Box Library, on the Story Tools Website or otherwise.
(b) The failure of Story Box Library to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
(c) The headings and section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect.
(d) You may not assign, transfer or otherwise sublicense your rights under these Terms and Conditions.
(e) Story Box Library reserves the right to amend these Terms and Conditions (together with the Fee and Subscription conditions) at any time and without notice. In such instance, Story Box Library will publish the revised Terms and Conditions on the Story Tools Website. You acknowledge and agree that it is your responsibility to periodically check the Story Tools Website to review any such changes.
(f) These Terms and Conditions shall operate to the fullest extent permissible at law. If any section or part of a section of these Terms and Conditions are determined to be unlawful, void or unenforceable, that section shall be deemed to be severable from these Terms and Conditions, and shall not be deemed to affect the validity and/or enforceability of any remaining provisions.
(g) These Terms and Conditions shall be governed and interpreted in accordance with the laws of Victoria, Australia, and the parties hereby agree and submit to the exclusive jurisdiction of the Courts of Victoria.
12) CONTACTING US
All notices should be sent to storytools@storyboxlibrary.com.au for any communications relating to these Terms and Conditions or the Privacy Policy, and PO Box 292, Elwood, VIC, 3184, Australia by post.
©2022 Story Box Library. All rights reserved. Terms and Conditions. Privacy Policy.
