Terms & Conditions

Website Terms and Conditions for Storylines

Service Terms 

These Standard Terms of Service (Terms) govern the provision of services by Storylines Australia Pty Ltd ACN 681 200 877 (Storylines, we, us) to you.

PLEASE READ THESE TERMS CAREFULLY BEFORE PURCHASING A STORYLINES SERVICE. BY CLICKING ‘I AGREE’ OR BY USING OUR SERVICES YOU AGREE TO THESE SERVICE TERMS AND A BINDING AGREEMENT IS FORMED BETWEEN YOU AND STORYLINES. WE WILL NOT PROVIDE YOU WITH A SERVICE UNLESS YOU HAVE AGREED TO THESE TERMS.

These Terms explain:

  1. Your rights and obligations when using our Services.

  2. Requirements for any Content you provide in connection with our Services and how we handle the Content and Personal Information;

  3. Disclaimers about your use of our Services;

  4. What you will be liable for and what we will be liable for;

  5. Other general obligations, such as when we can change these Terms.

Application of These Terms

These Terms apply to you every time you purchase a Storylines Service.

Appointment of Storylines:

  1. You appoint us to provide the Services;

  2. We will use our reasonable endeavours to perform the Services without delay and in a conscientious, expeditious and professional manner.

  3. We will exercise our own judgment and utilise our skills in a manner we consider appropriate to create your Personal Story Record.

Performance of the Services:

  1. You agree that the Services may be provided by us or we may at our absolute discretion engage third party Contractors to provide some or all of our obligations under this the Booking Form and/or these Terms.

  2. We warrant that any Contractor engaged by us to provide the Services will have the necessary experience, qualifications, skill, knowledge and competence to perform the Services.

  3. We agree that in performing the Services we will comply with our Privacy Policy details of which can be found at https://www.storylines.au/privacy

Responsibility for Resources/access to premises

  1. Unless specified otherwise in writing, we will provide all the resources for providing the Services.

  2. You acknowledge that the Charges do not include the provision of additional materials and/or services not specified in these Terms and the Booking Form and that such materials and/or services, if required, will be provided at an additional cost to you.

  3. You will, where relevant, ensure that we have reasonable, safe and timely access to your premises and/or the premises of any other place where you would like us to provide the Services (to the extent relevant to these Terms) in order for us to comply with our obligations under these Terms

  4. You will also ensure that we are provided with all facilities, services and accessories reasonably required to enable us and/or our Contractors to film your Personal Story Record and must take all reasonable steps to ensure the protection of our people and property and those of our Contractors from damage, injury or interference in the course of us providing the Services.

  5. We will take reasonable steps to ensure that our people and Contractors comply with your reasonable site requirements when providing Services to you.

Cancellation or postponement of Services

Unless we agree with you otherwise, where you cancel or postpone the provision of any Services you must pay the corresponding cancellation or postponement fees as set out in the Booking Form.

Charges

  1. You agree to pay the Charges in the Booking Form within seven days prior to us commencing the Services.

  2. We will not commence providing the Services until the Charges have been paid in full.

  3. The Charges are inclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the Services. 

  4. If we are required to perform the Services in circumstances other than those expressly stated or that would be reasonably anticipated, or there is a change in the timing, scope, complexity or urgency of the Services or the provision of the Services is delayed by you (Unanticipated Change to Services), and such Unanticipated Change to Services is not the result of a breach of these Terms by us, then we will be entitled to charge you additional fees for any additional time spent and/or resources used as a result of the Unanticipated Change to Services

Expenses

You will reimburse us for any reasonable travel, accommodation, or other out of pocket expenses and disbursements incurred by us as a result of providing the Services to you, subject to us seeking and obtaining written consent prior to incurring these expenses.

Intellectual Property Rights in Materials

  1. Unless and to the extent stipulated to the contrary in writing:

    1. we agree that you retain all Intellectual Property Rights in your Personal Story and Personal Story Record; and 

    2. you agree that we retain all Intellectual Property Rights associated with the Services.

  2. Subject to our compliance with this in providing the Services under the Booking Form and these Terms, you will grant us, a non-exclusive and non-transferable licence to use your Personal Story Record for marketing purposes in a form to be agreed by you.

Confidentiality

  1. Neither of us may, without the prior written consent of the other party, use or disclose that other party’s Confidential Information except:

    1. to the extent necessary to perform or exercise any rights under the Booking Form and/or these Terms;

    2. to the extent necessary to obtain professional advice in relation to matters arising under or in connection with the Booking Form and/or these Terms;

    3. to the extent necessary to comply with any law, rules of a stock exchange, court order or binding directive of a regulator; and/or

    4. as specifically permitted by the Booking Form and/or these Terms.

If paragraph (iii) applies, the disclosing party must notify the other party as soon as reasonably practicable that it is required to disclose the Confidential Information and, if requested by the other party, use reasonable endeavours to assist the other party to protect the confidentiality of the information.

  1. Each party must take reasonable steps to preserve the confidentiality of the other party’s Confidential Information and co-operate with the other party to protect the other’s Confidential information and to enforce that other party’s right in relation to Confidential Information.

  2. Neither of us may discuss the Services with the media without the prior written consent of the other party (which consent may be provided at the other party’s absolute discretion).

  3. Each party acknowledges that a breach of this clause 9 may cause the other party irreparable damage for which damages would not be an adequate remedy and that the other party is entitled to specific performance or injunctive relief as appropriate, as a remedy for any breach or threatened breach, in addition to any other available legal or equitable remedies.

Implied Terms

  1. Subject to subclause 10.b, any condition or warranty which would otherwise be implied in the Booking Form and under these Terms is hereby excluded.

  2. Where legislation implies into the Booking Form and these Terms any condition or warranty, and that legislation prohibits provisions in a contract excluding or modifying the application or exercise of Liability under such condition or warranty, the implied condition or warranty will be deemed to be included in the Booking Form and these Terms.  However, to the extent permissible at law our Liability for any breach of such implied condition or warranty will be limited, at our option, to one or more of the following:

    1. If the breach relates to goods:

      1. the replacement of the goods or the supply of equivalent goods;

      2. the repair of such goods;

      3. the payment of the cost of having the goods repaired; and

  3. if the breach relates to services:

    1. the supplying of the services again; or

    2. the payment of the cost of having the services supplied again.

Liability

  1. You agree and acknowledge that while we will provide Services with reasonable skill and care and as otherwise contemplated under the Booking Form and these Terms, we do not guarantee and disclaim all Liability if the Services do not achieve any goals or outcomes that have been previously communicated to you or otherwise.

  2. We will be under no liability to you in respect of any special, consequential or indirect loss or damage which may be suffered or incurred or which may arise directly or indirectly in respect of goods or services supplied under the Booking Form and these Terms or in respect of a failure or omission on our part to comply with our obligations under the Booking Form and these Terms.

  3. You warrant that you have not relied on any representation made by us which has not been stated expressly in the Booking Form and/or these Terms or upon any descriptions, illustrations or specifications contained in any document including catalogues or publicity material produced by the us.

  4. You indemnify us and our officers, employees and Contractors (“Storylines Indemnified) from and against any Loss reasonably incurred or suffered in connection with any claim by a third party brought against us to the extent that the claim relates to:

    1. a breach by you of your obligations under the Booking Form and/or these Terms; or 

    2. any wilful or unlawful act or omission by you

  5. We indemnify you (“Client Indemnified) from and against any Loss reasonably incurred or suffered in connection with any claim by a third party brought against you to the extent that the claim relates to:

    1. a breach by us of our obligations under the Booking Form and/or these Terms;

    2. any wilful or unlawful act or omission by us.

  6. To the extent permitted by law and except for claims of intellectual property infringement or breach of confidentiality obligations, the total aggregate liability of a party under the Booking Form and/or these Terms arising from any claim or action, whether based in contract, tort (including negligence), statute and other legal theory shall be limited in aggregate to  the amounts paid for the service.

Termination

    1. We may terminate the Services immediately by notice if you are in material breach of your obligations under these Terms and such breach is not capable of remedy, or if capable of remedy is not remedied within 7 days after receipt of a written notice by us requiring you to rectify the breach.

    2. You may terminate the Services immediately if we are in material breach of our obligations under these Terms.

    3. We may mutually agree to terminate the Services at any time.

    4. Unless the Services are terminated as a result of a material breach by us we may retain any moneys already paid to us and will be regarded as having discharged all our obligations under the Booking Form and/or these Terms.

Applicable Law

The laws of Victoria, Australia govern these Terms and any dispute of any sort that might arise between you and us. Any dispute relating in any way to these Terms will only be adjudicated in the courts of Victoria, Australia. Each party consents to the exclusive jurisdiction and venue of these courts.

Amendments

We reserve the right to make changes to our website, these Terms, our policies and our services at any time by posting the changes on our website. You will be subject to the new Service Terms and policies available on the website at the time that you purchase as service from us.

Notices

We may send notices to your email address that you have provided in your Booking Form. You may send notices to us at info@storylines.au 

Entire Agreement

To the maximum extent permitted by law, the Booking Form and these Terms contain the agreement between you and us. Any previous understanding, agreement, representation, or warranty relating to the subject matter is replaced by the Booking Form and these Terms and has no further effect.

To the extent that there is any inconsistency between the Terms and any other document provided by us these Terms will take precedence.

Waiver

If you breach these Terms and we take no action to enforce rectification of the breach, we are still entitled to use our rights and remedies set out in these Terms in any other situation where you breach these Terms.

Adults to Use Site

Only people over the age of 18 may use this website to purchase services from us. When you purchase a service from us you are representing that you are over the age of 18.

Definitions

Booking Form means the form that you fill in to engage us to provide the Services

Charges means the charges payable by you to us based on the rates set out in the Booking Form

Confidential Information of a party means all information of a confidential nature relating to that party including know-how, ideas, concepts, technology, commercial knowledge which is disclosed, communicated or delivered by it to the other party under the Booking Form and/or these Terms or comes to the knowledge or into the possession of the other party in connection with the Booking Form and/or these Terms but does not included information which:

  1. is or becomes part of the public domain (other than through any breach of either these Terms by the other party or of an obligation of confidence to a third party;

  2. is rightfully received by the other party from a third person, except where that party knew or should have reasonably known that the information was obtained in breach of an obligation of confidentiality or where the third person was under a duty of confidentiality to the first party in respect of the relevant information.

Contractors mean third party Contractors appointed by us to provide the Services or part of the Services to you.

GST has the same meaning as in A New Tax System (Goods and Services Tax) Act 1999 (Cth)

Intellectual Property Rights means all rights conferred under statute, common law and equity in and in relation to trademarks, trade names, moral rights, logos and get up, inventions, patents, designs, copyright, circuit layouts, Confidential Information, know-how and trade secrets and all rights and interest in them or licenses to use them.

Liability (of a party) means any liability of that party, whether in contract, in tort, under statute or in any other way and whether due to negligence, wilful or deliberate breach of any other cause, under or in relation to the provision of the Services under the Booking Form and these Terms or in relation to any event or series of related events.

Loss means loss, liability, costs or expenses (including legal costs), any consequential, special or indirect liability, loss, damage cost, charge or expense

Personal Story means telling your personal story on camera for the purpose of creating a Personal Story Record for the benefit of your friends and family.

Personal Story Record means the video we create of your Personal Story which constitutes the permanent record of your life for the benefit of your friends and family.

Services means the services described in the Booking Form.

Your Video means the video that is the permanent record of your Personal Story Record that it provided to you as part of our Services