STORY BOX LIBRARY –TERMS AND CONDITIONS AND PRIVACY POLICY:

Story Box Library provides this website http://www.storyboxlibrary.com.au together with all related relevant domains (the “Website”) to you 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 Pty Ltd  (ACN 165 506 567) of PO Box 240, Glenhuntly, Victoria 3163, Australia (“Story Box Library”) whether as a visitor (“Visitor”) or registered, paid member (“Member”) of the Website (with Visitors and Members collectively referred to as “You”, “Your” and/or “Users”).

Whilst all Members have access to the same great Storytelling Segments, documentaries, content and information on the Website (the “Content”), there are a variety of different membership categories and fee structures that apply to Your use of the Website, depending on whether you are applying for:

i) a personal or family membership (making you an “Individual Member”);

ii) a collective membership for a company, organisation or group (making you a “Group Member”), in which case the price of Your membership will be calculated on the size of Your school or organisation.

All members will be required to provide relevant personal information upon applying to become a Member to ensure that they are applying for the correct category of membership, and paying the right fee – this information is requested and submitted via Story Box Library’s online sign-up form (the “Specified Information”). For further information regarding the different kinds of Membership available for the Website, see our Memberships page.

For information regarding the applicable fees for Your membership category (“Fees”) see our pricing page.

Visitors to the Website are granted limited free access to the Website and its Contents for the purposes of deciding whether to become a Member, but are still required to comply with these Terms and Conditions where relevant.

Whatever type of use You make of the Story Box Library Website, by your continued use of the Website, You are deemed to agree to and accept these Terms and Conditions, including without limitation the Privacy Policy. If you do not agree with or understand these Terms and Conditions, you should not continue to use the Website.

On the above understanding, it is hereby agreed between you and Story Box Library that:

1)   Acceptance of Agreement:

a)  By accepting these Terms and Conditions, registering as a Member of the Website and accessing and/or using the Website and its Contents as a User, you acknowledge and agree that you are entering into a legally binding contract with Story Box Library.

b)  The term of this Agreement shall commence at the time You acknowledge your acceptance of these Terms and Conditions and/or register as a Member of the Website, and shall continue unless cancelled or terminated by either You or Story Box Library in accordance with the provisions of this Agreement (the “Term”).

c)  You acknowledge and agree that your registration as a Member, continued use of the Website and access to the Content as a User is contingent upon your provision of the Specified information in full, complete and accurate form, as required by Story Box Library.

2) Membership and Benefits:

a) As a Member, You will have access to stream and view the Content via the Website for personal and (for Group and Special Members) non-commercial educational purposes during the Term of Your membership.

b) Visitors will have limited access to the Website and the Contents, with such access to be determined wholly at the discretion of Story Box Library.

c) The rules and conditions detailed at our Memberships page shall form part of this agreement, and Users shall at all times uphold any requirements listed therein.

d) In relation to Group Members:

i) Story Box Library reserves the right to verify Your registration as a Group Member to ensure that is a valid application, approved by the relevant organisation;

ii) If You are registering a Group Member for or on behalf of an organisation or entity with multiple campuses, branches, affiliates or subsidiaries, includingwithout limitation, early childhood centres, kindergartens or pre-schools, unless otherwise agreed, the rights of that Group Member only extend to the nominated, approved campuses, branches and/or subsidiaries;

iii) If You are registering a Group Member for or on behalf of a peak organisation, industry body or government or departmental organisation, then the rights of that Group Member do not extend to its members, associates, subsidiaries or affiliate organisations;

iv) In the instance that a Group Member does not specify the relevant campus, branch or entity to which the rights conferred by their membership of the Website attach, Story Box Library shall, at its sole discretion, be entitled to determine the extent of the membership conferred by these Terms and Conditions, and/or immediately terminate the membership of the relevant Group Member.

e) In relation to Individual Members:

i) Registration as an Individual Member is only available for home use on a personal basis (meaning, amongst other things, that usage will be limited to use within one familial household);

ii)If you are registering on behalf of a school, company, organisation or any group, you will need to register as a Group Member;

iii) As an Individual Member, You will not be able to concurrently login to the Website or access the content from more than one location or device using the same membership details and password. Users wishing to do so will be required to purchase a Group Membership;

f) You acknowledge and agree that under no circumstances will you (or any individual using your membership) engage in any of the following conduct, all of which is strictly prohibited:

i) use the content for any purpose outside the terms of the licence provided under these Terms and Conditions, including, without limitation, by screening, communicating or transmitting any of the Content or the Website to any paid public audience;

ii) downloading, copying, recording, adapting, distributing or re-transmitting any or all of the Website or the Content;

iii) using any data-mining, robots, code or similar data gathering or extraction methods on any part of the Website or in relation to the Content;

iv) manipulating or otherwise displaying the Website or Content by using framing or other similar navigational technology;

v) infringe or breach any applicable laws or regulation in using or accessing the Website or the Content;

vi) make the Content or Website available to more users than are permitted or contemplated under their relevant class of membership; or

vii) using the Website or Content for any other purpose other than its intended purpose, including, but not limited to, the sale of access to the Site or Content, the use of the Website or Content for gaining advertising or subscription revenue, the sale of advertising on the Website or any third party Website, use of the Website or Content for any non-approved commercial purposes, the use of the Website, the Content, or related resources for the purposes of competing with or displacing the market for Story Box Library, the use of the Website or Content for any obscene, discriminatory, abusive or other purposes considered undesirable or inappropriate by Story Box Library, providing, linking or uploading material that contains any nudity, or any obscene, violent, harassing, sexually explicit, defamatory, offensive, inaccurate, inappropriate or other objectionable subject matter, nor shall You use the Website or Content for any such purpose.

g) You acknowledge that unless You opt for automatic renewal or  validly renew before the conclusion of the Term Your Membership, together with Your access to the Website Content, shall automatically lapse at the conclusion of the Term for which you have paid.

h) You acknowledge and agree that Story Box Library may, from time to time, make certain Storytelling Segments and/or associated Content available for viewing at no cost, including to non-members of the Website.

 

3)   Privacy:

a) Story Box Library is committed to protecting your privacy. This section constitutes the Privacy Policy applicable to all information related to Your use of the Website or Content, regardless of whether you are a visitor or Member.

b) Story Box Library is able to and may:

i) record information about your usage, including without limitation, your IP address, profile information, aggregate user data and browser type when you use the Website in order to manage the website, track usage and improve the services provided by Story Box Library;

ii) share information about your usage with third-parties only to the extent it is not personally identifiable and to provide more relevant services and advertisements;

iii) use Your email address to send updates, receipts, changes to Website terms and conditions, news regarding the service and/or the Website;

iv) use Your email address to send newsletters, unless and until you choose not to receive such newsletters by changing your notification settings via a hyperlink in the footer of emails; and

v) uses cookies to store preferences of anyone visiting the Website and to record session information, for purposes including ensuring that those visitors are not repeatedly offered the same advertisements and to customise newsletter, advertising, and web page content based on browser type and user profile information. The information stored in cookies will not be linked to any personally identifiable information that You submit while on the Website. Some functions on the Website will require You to enable cookies.

c) Any personal information, content or material that You voluntarily disclose online becomes publicly available and can be collected and used by others.

d) Story Box Library:

i) takes all reasonable steps to protect personal information it holds from loss, unauthorised access, modification, disclosure or other misuse;

ii) will take reasonable steps to destroy or permanently de-identify personal information it holds if it is no longer needed for the purposes outlined in this Privacy Policy;

iii) restricts access to personal information to those employees who need access to perform their job functions;

iv) does not generally collect any sensitive information as that term is used in the privacy legislation (including, without limitation, information relating to racial or ethnic origin, membership of political bodies, religion or trade unions, sexual preferences or activities, criminal record, state of health or medical history);

v) will only collect sensitive information where required by law or with consent, providing explanation for any sensitive information it requests and only using and disclosing sensitive information for the purpose for which it is provided;

vi) will process any requests for access to personal information that Story Box Library holds within a reasonable time;

vii) will take reasonable steps to ensure that the personal information it holds is accurate, complete and up to date;

viii) may provide links to other websites and Story Box Library is not responsible for the privacy policies and/or practices on other websites. You should read the privacy policy stated on that website before use.

e) Story Box Library reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of Story Box Library or substantially all of its assets to that successor in interest.

f) Except as otherwise described in this section, or with Your permission, Story Box Library will not disclose personal information to any third party unless it believes that disclosure is necessary:

i) to conform to legal requirements or to respond to a legal process or order received by Story Box Library, whether or not a response is required by applicable law;

ii to enforce these Terms and Conditions or for Story Box Library to protect its rights; or

iii) to protect the safety of Users.

g) Users may modify or remove any of their personal information at any time by logging into their account and accessing the appropriate edit features.

h) If any User has any questions about this privacy statement, the practices of Story Box Library, the uses, practices on the Website, or for more information about the data held, its purpose, method of collection, use or disclosure, please contact us at: privacy@storyboxlibrary.com.au or through the contact information given in this Terms and Conditions.

i) From time to time, Story Box Library may make changes to its privacy policy and, if so, Story Box Library will post them on the Website to make Users aware of the changes. A User is bound by any minor changes to the policy when she or he uses the Website after those changes have been posted. If, however, Story Box Library is going to use the Users’ personally identifiable information in a manner materially different from that states at the time of collection it will notify by posting a notice on the Website for 30 days.

 

4)   Payment:

a) In consideration for Your registration as a member, use of the Website and access to the Content, you agree to pay Story Box Library the relevant Fee.

b) Unless otherwise nominated by Story Box Library, the Fee will be due and payable at the time You register as a member of the Website and accept these Terms and Conditions.

c) Upon full receipt of the Fee and approval of Your membership application, Story Box Library will activate your membership and User status.

d) 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.

e) In the instance that Story Box Library does accept payment in arrears, You agree that your membership application will be listed as “pending” until the Specified Information and billing information provided by you can be verified and approved – only when this information is verified and approved will you become a member with full access to the Website;

f) Where Story Box Library offers any User a “trial-period”, if the User has not formally cancelled their membership within the applicable trial period of registering as a User (details available at our Pricing page), Story Box Library will be entitled to approve their membership of the Website and charge the fee to that User’s nominated account.

g) Story Box Library only accepts payment online via PayPal accounts subject to PayPal’s terms and conditions (we are not responsible for any interruptions or delays in PayPal’s services or facilities);

h) If you opt for automatic renewal, you acknowledge that at the conclusion of each twelve month period, Story Box Library will be entitled to renew your membership and charge a further annual Fee to your nominated account, after notifying you of the renewal with two emails unless you opt out or cancel your membership prior to the conclusion of the Term.

 

5)   GST:

a) Unless expressly agreed otherwise by Story Box Library, the Fees or other sums payable or consideration to be provided under or in accordance with these Terms and Conditions are exclusive of GST (having the same meaning it has A New Tax System (Goods and Services Tax) Act 1999 (Cth) (the “GST Act”).

b) If a party Story Box Library 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-exclusive consideration, an amount equal to the GST payable on that supply.

c) Story Box Library, in relation to the payment of GST under this clause, will give You a tax invoice.

 

6) Intellectual Property:

a) All Content, information and material featured or included on the Website, including text, graphics, logos, audio and video recordings (including their underlying works) and software are either the intellectual property of Story Box Library, its licensors or the relevant authors, publishers of the featured works. All such materials are protected by national an 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”, its logo, trade marks and all related intellectual property are expressly reserved by Story Box Library.

c) No Content, logo, trade mark, or copyright material belonging to Story Box Library or featured on the Website, whether registered or unregistered may be used without the prior express permission of Story Box Library.

d) You acknowledge that use of the Content and the Website is limited to the specific, limited usage provided under these Terms and Conditions, and that notwithstanding this Agreement, which covers the private and educational transmission of the Content for approved purposes, you may still require separate licences covering the works and/or sound recordings, incorporated in and/or underlying the Content or on the Website].

e) Except where any loss, liability, claim or demand has been caused or contributed to by a wilful, unlawful or negligent act or omission by Story Box Library or its subsidiaries or affiliates, you agree to indemnify Story Box Library and hold us harmless against any loss or damage arising from a claim by the holder of copyright in any work or subject matter arising from your use of the Content or the Website on the basis that You did not hold an appropriate licence with respect to materials when using those materials. Note: licences for the public performance of a musical work may be obtained from the Australasian Performing Rights Association (APRA); licences for the public playing of a sound recording may be obtained from the Phonographic Performance Company of Australia (PPCA).

f) If you believe that any material on the Website infringes upon any copyright or any other intellectual property right that you own or control, please contact us at copyright@storyboxlibrary.com.au.

 

7) Objectionable Material:

a) Users are expressly prohibited from providing or uploading material to the Website that contains nudity, or obscene, excessively violent, sexually explicit, defamatory, vilifying, prejudicial, inaccurate, inappropriate or otherwise objectionable subject matter, nor shall You use the Content or the Website for any such purpose.

b) If you become aware of misuse of the Website by any person, please contact Story Box Library at info@storyboxlibrary.com.au.

 

8) Termination:

a) The agreement between you and Story Box Library will automatically expire at the conclusion of the Term, unless your Membership is renewed and paid in accordance with these Terms and Conditions.

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 Membership or to restrict, suspend, or terminate your access to all or any part of the Website and/or the Content at any time, with or without prior notice, and without liability.  

c) Without limitation to Story Box Library’s general power of termination under clause a) above, You acknowledge and agree that Story Box Library may also immediately terminate, revoke or otherwise limit Your membership at any time in the instance that You:

i) fail to pay Your Fees as and when they are due;

ii) fail to provide the Specified Information, or provide the any information that is incomplete, inaccurate or false;

iii) fail to verify your billing details within Story Box Library’s nominated timeframe (which may be as short as twenty-four hours); the

iv) are determined to be bankruptcy or suffers an Insolvency Event (being the appointment of an administrator, controller or liquidator over any or all of the relevant party’s assets, an order or resolution is made for the winding up of the relevant entity, the relevant entity is declared to be insolvent, or is otherwise insolvent within the meaning of the Corporations Act 2001 (Cth).

d) Upon expiry or earlier termination of this Agreement:

i) Your membership will automatically lapse;

ii) Your access to the Website and the Content shall cease, other than as a Visitor;

iii) Story Box Library shall be entitled to retain the Fee, without limiting their rights in relation to any potential breach of contract by You or the User;

iv) You shall not reproduce, transmit or otherwise provide any party with any of the Content you accessed during the Term.

 

9)     Disclaimers:

a) Content, or any other material or information created and posted by Story Box Library, or Users on the Site may contain links to other websites. Story Box Library is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Story Box Library. Inclusion of any linked website on the Website or within the Content does not imply approval or endorsement of the linked website by Story Box Library.

b) When You access these third-party sites, you do so at your own risk. Story Box Library takes no responsibility for third party endorsements that are posted on this Website.

c) Story Box Library is not responsible for the conduct, whether online or offline, of any User of the Website.

d) Story Box Library assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Content or the Website.

e) Story Box Library is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Website or Content or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Website or the Content. 

f) Under no circumstances shall Story Box Library be responsible for any loss or damage, resulting from use of the Website or the Content, any User content posted on or through the Site, or from the conduct of any Users of the Website whether online or offline. The Website and Content are provided on an "as-is" basis as available and Story Box Library expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Story Box Library cannot guarantee and does not promise any specific results from use of the Website or the Content. 

g) The Website is controlled and offered by Story Box Library from its facilities in Australia. Story Box Library makes no representations that the Website is appropriate or available for use in other locations. Some Content may not be available to users outside the Commonwealth of Australia, due to copyright restrictions. Users who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. 

 

10) Limitation on Liability:

IN NO EVENT SHALL STORY BOX LIBRARY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE CONTENT, EVEN IF STORY BOX LIBRARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, STORY BOX LIBRARY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO STORY BOX LIBRARY DURING THE TERM OF YOUR MEMBERSHIP, IF ANY. 

11) Indemnity:

a) Except where any loss, liability, claim or demand has been caused or contributed to by a wilful, unlawful or negligent act or omission by Story Box Library or its subsidiaries or affiliates, you agree to indemnify and hold Story Box Library, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website and the Content in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. 

 

12)  Miscellaneous:

a) This Agreement constitutes the entire agreement between you and Story Box Library regarding the use of the Website and the Content and may not be varied accept in a further written instrument signed by the parties.

b) The failure of Story Box Library to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. 

c) The headings and section titles in this Agreement are for convenience only and have no legal or contractual effect. 

d) You may not assign, transfer or otherwise sublicense your rights under this Agreement.

e) Story Box Library reserves the right to amend these Terms and Conditions (together with the Fee and membership conditions) at any time and without notice. In such instance, Story Box Library will publish the revised Terms and Conditions on the Website. You acknowledge and agree that it is Your responsibility to periodically check the Website to review any such changes.

f) This Agreement shall operate to the fullest extent permissible at law. If any provision or provisions of this Agreement are determined to be unlawful, void or unenforceable, that provision shall be deemed to be severable from this Agreement, 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 non-exclusive jurisdiction of the Courts of that State.

Notices: all notices should be sent to info@storyboxlibrary.com.au for email, and PO Box 240 Glen Huntly, Victoria 3163, Australia by post.