These are the terms and conditions (Terms and Conditions) which apply to your use of the Website, 12stories.com.au (also referred to as the Website). This Website is operated by 12 Stories (ABN 54677657872) referred to as ‘we’, ‘us’, ‘our’. By using the Website, you agree to accept these Terms and Conditions.
We reserve the right to revise these Terms and Conditions as set out below from time to time without notice and such revision will take effect from the date it is posted on this Website. The Terms and Conditions published at the time of your use of the Website shall apply to you. If you do not agree to accept these Terms and Conditions, you must not use the Website.
1. Introduction
1.1 12 STORIES (ABN 54677657872) (also referred to as ‘we’ or ‘our’ or ‘us’ or ’12 STORIES’) is an Australian business. We operate an online marketplace via the Website, allowing users to purchase a subscription for digital resources related to life writing.
By visiting our site and/ or purchasing from us, you engage in our (“service”) and agree to be bound by the following terms and conditions (“terms of service”, “terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms of service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms of service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms of service are considered an offer, acceptance is expressly limited to these terms of service.
1.2 Definitions: When we refer to ‘us‘, or ‘our‘ or ‘we‘ or similar, we are referring to 12 STORIES (ABN 54677657872). When we refer to ‘you‘ or ‘your‘ or similar, we are referring to you as a User of this Website. Other defined terms and their meanings are:
‘Australian Law’ means principles of law or equity established by decisions of courts, statutes, regulations or by-laws of the Commonwealth of Australia, or any State or Territory of the Commonwealth of Australia or a Government Agency, any requirements and approvals (including conditions) of the Commonwealth of Australia or any State or Territory of the Commonwealth of Australia or a Government Agency that have force of law, to the extent required, but recognising the primacy of Australian Law, the principles of law and equity established by the courts outside Australia;
‘User’ means a person who browses the Website, being a potential customer of a Product/Service listed on the Website;
‘Intellectual Property Rights’ means all intellectual property rights and proprietary rights (whether registered or unregistered) including copyright, trademarks, patents, moral rights and any other intellectual property right recognised by Australian Law, including but not limited to:
- graphics, programming codes, drawings, computer programs, Website;
- business names, company names, product names;
- any right to have information kept confidential;
- patent applications, drawings, discoveries, inventions, improvements, trade secrets, technical data, formulae, computer programs, precedent documents, Websites, Website designs, Website design methodology, domain names, domain registration, source codes, Website context and design, program backend, HTML front code, adwords, metatags, traffic details, databases, know-how, logos, designs, design rights and client lists;
- phone numbers, email addresses; and
- Facebook, Instagram and other social media.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.
‘Product’ means a good or service advertised on the Website;
‘Website’ means the internet Website at the domain www.12stories.com.au;
‘Users’ means anyone using the Website for any purpose;
‘User Account’ means the account a user may choose to establish to join 12 STORIES.
2. All Users
2.1 Before using this Website, you must read and accept these Terms and Conditions. You agree that these Terms and Conditions will apply whenever you visit the Website.
3. Fees and payment
3.1 All fees listed on the Website are inclusive of GST.
3.2 Fees for any product or service offered by us are subject to review and change, without the requirement to notify you unless otherwise specified in these Terms and Conditions.
4. Intellectual property rights
4.1 The Website is the property of 12 STORIES and is protected by Australian and international copyright laws and must not be reverse engineered, republished, reproduced or copied in any way.
5.Risk & Liability
5.1 We do not warrant and do not represent that our website and the content on our website are free from viruses or other defects. We provide content on the basis that you assume all responsibility for any loss, damage or consequence resulting directly or indirectly from your access to or use of our website.
5.2 We do not warrant that your access of our website will be uninterrupted, timely, secure or error-free. Your access to this website may be suspended in the case of system failure, maintenance, repair or any reason beyond our control. To the extent permitted by Australian law, we will not be liable for any compensatory or exemplary damages arising out of or in any way connected with use of the Website or inability to use the Website even if we have been advised of the possibility of damages.
5.3 All reasonable care will be taken while compiling the Website’s content, including advertising content. Nevertheless, we do not warrant or represent that the Website is complete, current or free from typographical or other errors, or omissions. Information and product descriptions may include inaccuracies.
6.Products and Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear in the shop. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
7. Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
8. Third Party Links
Certain content, products and services available via our service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9. Prohibited Uses
In addition to other prohibitions as set forth in the terms of service, you are prohibited from using the site or its content:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage,intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the service or any related website, other websites, or the internet.
We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
10. Copyright & Trademark
This site and all the information it contains, including, but not limited to, products, articles, designs, photographs, artwork and other intellectual property (“protected information”) are the property of 12 Stories and are protected from unauthorised use, copying, distribution and dissemination by International Copyright & Intellectual Property Law. You may not use our protected information without our express written consent. All rights reserved.
Under no circumstances may the files be sold or given away to any third party. Infringers will be prosecuted to the full extent of the law. You acknowledge that the files are protected by International Copyright & Intellectual Property Law. You agree to treat the files as confidential information and exercise reasonable care to avoid unauthorised distribution of the files.
11. Courtesy Credit
If you find something inspiring on our site that you’d like to repost, please credit & link back to 12 Stories (www.12stories.com.au). All content found on this site must be credited and linked to the original post, page, or listing. Kindly give credit where credit is due.
12. You may request amendments to these Terms and Conditions
12.1 Requests for amendments or qualifications to the Terms and Conditions should be sent in writing via email to hello@12stories.com.au. These Terms and Conditions will continue to apply to you and your use of the Website, unless qualified or amended in writing signed on behalf of 12 STORIES and expressly identified as an amendment of these Terms and Conditions.
13.Applicable law
13.1 These Terms and Conditions are governed by and construed in accordance with the laws of the State of Queensland, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of Queensland, Australia.
14. No waiver
14.1 Our failure to act or delay in acting in relation to a breach of any of these Terms and Conditions is not a waiver of any of these Terms and Conditions or our rights arising under them.