Terms and Conditions
TERMS AND CONDITIONS – USE OF WEBSITE
Last updated: December 2019
The website www.storytowns.com.au and the associated sites and applications (“Site”) is owned and operated by Storytowns Pty Ltd trading as Storytowns (“Storytowns” or “we”, “us” and “our”). We run a variety of business activities, including podcasts, tourguide information and other related activities.
The terms and conditions for the use of the Site as well as the terms upon which we supply our products to you are explained below (“Terms”).
By using the Site or ordering a product, you agree to be legally bound by these Terms.
1. Use of the site
You must only use the Site in accordance with these Terms and any applicable laws.
You must not (a) interfere with or disrupt the Site or the servers that host the Site; (b) use data mining, bots, screen scraping or similar data gathering and extraction tools on the Site; or (c) interfere with security-related features of the Site.
You are solely responsible for the activity that occurs on your account and you must keep your password secure. We are not responsible for any unauthorised activity on your account. We may refer suspicious to the relevant authorities.
You must not use another person’s account without their or our express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, you must notify us immediately.
We make no warranties or representations about the availability and accessibility of the Site and we make no warranties or representations in relation to the content of any third party website linked to or from our Site.
2. Information on this Site
All intellectual property on the Site are either owned by or licensed to us. You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, except as permitted by law or with our written consent.
Some information about products on the Site is based on material provided by third party suppliers and manufacturers. Except as required by law (including the Australian Consumer Law) we are not responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties. It is possible for a variety of reasons that some products may differ slightly from the way they appear on the Site.
3. Interaction with the Site
By submitting content to Storytowns through comments posted on the website, or by contributing other information or material to Storytowns, you grant Storytowns a royalty-free, unrestricted, world-wide, perpetual, non-exclusive right and license to use, reproduce, modify, adapt, publish, or distribute such contributed content. In order to keep discussions on Storytowns interesting and civil, you must adhere to the following guidelines:
(a) In contributing comments or other information on Storytowns, you must not post any of the following material: – material which threatens or abuses others, or which is defamatory or libellous, or which is invasive of another’s privacy; – material which the user does not have the right to post, including the proprietary material of any third party; – material which advocates illegal activity or discusses an intent to commit an illegal act; – material for advertising or commercial solicitation; or – material which is vulgar, obscene, pornographic, or indecent; and
(b) You must keep all comments relevant to the particular article to which the comment is posted. If you have any further questions regarding this information please contact us at the contact points listed below.
4. Liability & Safety
This clause prevails over all other clauses, and, to the extent permitted by law, states our entire liability, and your sole and exclusive remedies, for the performance, non-performance, purported performance or delay in performance of these Terms.
Nothing in these Terms excludes or limits your statutory rights as a consumer or our liability for fraud, death or personal injury caused by our negligence, any breach of the obligations implied by law, or any other liability which cannot be excluded or limited by applicable law. In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill.
To the extent permitted by law, we do not warrant and we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site, including any information provided by third party sponsors or advertisers on the Site. We exclude all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature. You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information. It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have. To the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the Site, our services or these Terms. Our total liability under any contract shall in no circumstances exceed the value of the product (or cost of repair of the product).
SAFETY NOTICE WHILE USING PODCASTS
Although some of our podcast products are designed to be played while travelling in a motor vehicle (or other transportation), you must always obey all road rules of the relevant municipality, state or country in which you are driving. In particular, you should not operate your phone, tablet or laptop device while operating your vehicle. The podcasts are designed to flow automatically based on geo-triggering. Depending on telecommunications availability, your GPS function should typically connect to the podcast audio so that the location information changes as you move. As such you should only interact with your device before starting the tour. We recommend that if any interaction is needed, a passenger does this, or the vehicle is stopped while interacting with your device. To the fullest extent allowed by law, we and our officers, agents, contractors, and employees (and those of our related companies) are not liable for any injury, losses, damages or claims arising as a result of your operation of the Site while using a vehicle, or using roadways in any other manner.
You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your breach of any law or the rights of a third party.
7. General terms
These Terms contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms except as expressly stated in these Terms. However, the service and products are provided to you under our operating rules, policies, and procedures as published from time to time on the Site.
We will not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control (or by any damage caused by any of such events).
If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms will not be affected.
These Terms will be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales.
8. Contacting us
If you would like to contact us in relation to these Terms please contact us at:
Post: 94 old crusher road Byaduk, Vic 3301
We may update these Terms from time to time. Amendments will be published on our web page at www.storytowns.com.au