Terms & Conditions of use – Our Life Story
Thank you for signing up and for taking the time to learn about our Service and to familiarise yourself with these Terms & Conditions of Use.
The term “Website” means the website at www.ourlifestory.club as well as an associated brands and any related mobile applications.
This Website is owned and operated by Our Life Story Pty Ltd (The Owner).
By using this Website you acknowledge and agree that you have had sufficient opportunity to read and understand these Terms & Conditions and you agree to be bound by them.
If you do not agree to them, please do not continue to use the Site.
OurLifeStory.tv is a new and exciting website designed to help you capture, share and preserve your personal memories of your life.
You will have a selection of thought provoking questions to guide you in your story telling journey along with regular tips and prompts to encourage you to capture your story as fully as possible.
We do this all for just $40.00 per year, $120.00 for 3 years and $200.00 for 5 years for a membership.
This annual membership allows you full access to WriteMyStory, regular free tips, online support and the ability to share your story via email as a free e-book or print to a hardcover book (the hardcover book being for an additional fee).
The material on this Website is the copyright © 2015 of us the Website Owner.
You may download material from this Website provided you do not remove any copyright and trade mark notices contained on the material.
The Website Owner reserves all intellectual property rights, including, but not limited to, copyright in the material and/or the Services provided by it.
The material provided on the Website is provided for your personal use only and may not be:
(i) re-sold and/or re-distributed in any material form;
(ii) stored in any storage media; and/or
(iii) re-transmitted in any media, without the prior written consent of us the Website Owner
In these Terms & Conditions of Use, the word “Membership” means your purchased right to use this Website on a 12 month automatic renewable basis, WriteMyStory and/or online application to write your personal story.
Specific Website Use Issues
Only persons above the age of 18 years may use this Website.
We as Website Owner may in our absolute discretion determine the presentation of the website and cannot guarantee the presentation of the website in all the methods by which the content within them may be accessed .
Further the Website Owner does not guarantee the website will run without error and be available at all times.
The Website Owner is making the Website available for others to publish information without assuming a duty of care to those creating content as well as any users.
Term Of Membership
Unless otherwise agreed, your membership to OurLifeStory.tv will be for an initial period of 12 months from the date of purchase, or the redemption of a gift voucher.
Third Party Links
The Website may contains links to other Websites owned and operated by third parties and which are not under the control of the Website Owner and we provide the links to other sites as a convenience to you.
The existence of a link to other Websites does not imply any endorsement by the Website Owner of the linked site and it is not responsible for the material contained on those linked sites.
Changes To These Terms & Conditions of Use
We may vary all or any part of these Terms & Conditions of Use at any time without notice to you.
We will however post notice of such changes to our website.
Your continued use of our Website following a variation will be deemed to constitute acceptance of the Variations.
Any content that you as a Member and / or User upload to our Website may be subject to our approval process as Website Owner before that content is published. That does not necessarily imply we are obliged to monitor the content you post, only to say we may.
Accordingly we as Website Owners may refuse, reject or remove any content provided by you at any time from this Website, without prior notice, if we reasonably believe the content, or use of the content, contravenes any law, infringes or is likely to infringe any rights of a third party or is misleading, inappropriate, unsuitable, offensive, obscene, defamatory or indecent.
Notwithstanding the above and our right to deal with your content if we have any concerns, it remains your decision to publish your story on your personal story page on OurLifeStory.tv, and to share it on your Facebook page or via any other third party Channel and you are wholly and solely responsible for its contents and any effect it may have on third parties.
You as Website User and / or Member represent and warrant in relation to any material and/or information you provide or post and / or create on this Website that:
- the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
- the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, common law trade marks or business names (whether registered or unregistered), confidential information and copyright;
In relation to any material and/or information included on the Website, the Website Owner may remove any material and/or information, including but not limited to links to other sites on the Website, at any time without giving any explanation or justification for removing the material and/or information.
Warranties & Disclaimers
The Website Owner gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on this Website.
To the full extent permitted by law, the Website Owner disclaims any and all warranties, express or implied, regarding the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
You agree to indemnify us as Website Owners, our directors, officers, employees, contractors and agents, and any other related body corporate, against all claims, demands, damages, costs, penalties, suits and liabilities of any nature caused directly or indirectly by your act or omission or any breach of any provision of these Terms & Conditions of Use.
We as Website Owner shall not be liable in contract, tort or otherwise for any consequential, indirect or pure economic loss suffered by you that arises in any way from your membership, these Terms & Conditions of Use, even if such loss was, or should have been, within our contemplation.
The Website Owner will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law which are the consequence of you as Website User and / or Member acting, or failing to act, on any information contained on or referred to on the Website.
The Website Owner does not warrant guarantee or make any representation that:
(i) the Website, or the server that makes the website available are free of software viruses;
(ii) the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
(iii) errors and defects in the Website will be corrected.
The Website Owner is also not liable to you for:
(i) errors or omissions in the Website, or linked sites on the Website.
(ii) delays to, interruptions of or cessation of the services provided on the Website, or linked sites; and
(iii) defamatory, offensive or illegal conduct of any user of the Website,
whether caused through negligence of the Website Owner, its directors, agents, employees or independent contractors, or through any other cause.
We only accept payment by credit card.
You will need to pay the membership cost in full, in advance, and free of any deduction or setoff whatsoever, before using the website.
If you fail to pay or a payment is subsequently rejected, dishonoured or you enter a chargeback for the membership amount we will be under no obligation to continue to allow you to use the website and may cancel your membership to our website.
Gift Vouchers up to the value of $40.00. $120.00 or $200.00 can be used to become a member of WriteMyStory at any time before their expiry date.
Gift Vouchers are valid for a period of 12 months or 3 years from the date of issue.
Membership enacted from Gift Vouchers will commence from the redemption date.
Gift Vouchers are not redeemable for cash.
Your membership will automatically renew each year unless you have specifically opted out of the automatic renewal.
The credit card you originally used to pay for your membership will be charged automatically on the renewal date.
In the event that you choose not to renew, your membership will be disabled and your content may be deleted.
To prevent any inconvenience from the loss of content we will remind you of your impending automatic renewal or deactivation 30 days before the expiry date of your membership.
Membership activated with a Gift Voucher will not be automatically renewed, but you agree to receive a reminder email to determine your desire to continue to use the website.
Termination Of Membership
If you decide to cancel your membership you will not be entitled to any refund and will remain liable for any membership costs incurred, for the full term of your membership.
The Website Owner may terminate access to this Website at any time without giving any explanation or justification for the termination of access, and the Website Owner has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
We may terminate your membership with immediate effect if in our reasonably held opinion you commit a material breach of these Terms & Conditions of Use.
Limitation Of Liability
You as Website User and / or Member will at all times indemnify and keep indemnified the Website Owner and its respective directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those Indemnified where such loss or liability arose out of, in connection with or in respect of:
(a) any breach of these Terms & Conditions of Access by you; and
(b) publication of or distribution of the material and/or information supplied by you.
To the full extent permitted by law the Website Owner’s liability for any implied warranty or condition is limited, at the choice of the Owner, to one or more of the following:
(a) If the breach of an implied warranty or condition relates to services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again;
These Terms & Conditions of Access will be governed by and interpreted in accordance with the law of New South Wales.
You as Website User and/ or Member agree to the jurisdiction of the courts of New South Wales to determine any dispute arising out of these Terms & Conditions of Access.