Terms of Use

These Terms of Use govern your use of the websites and mobile apps that are owned or operated by THEIR STORY PTY LTD (ABN 69 653 633 642) (Their Story) (collectively, “our websites and mobile apps”).

By accessing, downloading or using our websites and mobile apps, you agree with these Terms of Use and any additional terms, conditions, notices and disclaimers located on our websites and mobile apps. If you do not agree to these Terms of Use, do not access, download or use our websites and mobile apps.

We may change these Terms of Use at any time. When we make changes, we will publish updated Terms of Use on the theirstory.com.au. Your continued use of our websites and mobile apps will confirm your acceptance of the updated Terms of Use.

We may restrict or block your access to our websites and mobile apps at any time if we reasonably believe that you have breached these Terms of Use.

You must ensure that any information you provide to us (including any personal information) is accurate and complete and that all ordering or registration details (where applicable) contain your correct name, address and other requested details. For more information about how we deal with your personal information, please read our Privacy Policy on this website.

 

Intellectual Property Rights

You must not use our websites or mobile apps in a way that infringes the intellectual property rights of any person.

The intellectual property rights in all material displayed on or available through our websites or mobile apps, including without limitation all names, logos, data, information, graphics, videos, software, technology or processes (“Materials”), are owned by, or licensed to us.

The Materials are available for your personal use only.

You must not use, copy, modify, alter, download, store, publish, transmit, broadcast, distribute, sell or transfer any Materials unless expressly provided for in these Terms of Use or with our prior written permission. Downloading Materials from our websites or mobile apps does not transfer any right in or ownership of such Materials to you. Downloaded Materials must be used solely in accordance with these Terms of Use. You must not remove any copyright and other proprietary notices from the Materials.

We make no warranties, express or implied that making any of our products or services available in any particular jurisdiction outside of Australia is permitted under any applicable non-Australian laws or regulations. Accordingly, if making the products or services or any part thereof available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those products or services are not offered for sale to you. You accept that if you are resident outside of Australia, you must satisfy yourself that you are lawfully able to purchase the products or services. We accept no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the products or services by persons in jurisdictions outside of Australia or who are nominees of or trustees for citizens, residents or nationals of other countries.

 

Linked sites

Our websites and mobile apps may provide links to or allow you to interact with other websites or apps which are owned or operated by third parties. Links to other websites or apps are provided for your convenience. We do not control these other websites and apps and we are not responsible for the content, accuracy of the information or functionality on these websites and apps. Unless expressly stated on our website or mobile app, the provision of a link to an external website or app does not constitute an endorsement or approval of that website or app or any of the products or services or functionality on that website or app. You should seek independent expert advice if you have any concerns regarding what services, products or solutions may be suitable for you. We will not be liable for any damages or injury arising from your access or use of such sites or apps.

By clicking on a link to a third party website or app, you consent to our disclosure of your relevant personal information with our software provider and the operator of that website or app for the purposes of processing your request to link to the third party website or app. We will disclose such personal information in accordance with our Privacy Policy.

If you choose to leave our website or mobile app via links to other websites or apps which are owned or operated by third parties, including advertisers, we are not responsible for the acts, omissions and privacy practices of those sites or apps. Before disclosing your personal information or using other websites or apps, we recommend that you examine the privacy policies as well as the terms and conditions of those websites or apps, as they may differ from these Terms of Use and our Privacy Policy.

 

Limitations on Use of Site

You agree that you will not:

• use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our websites and mobile apps, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• use any robot, spider, other automatic device, or manual process to monitor or copy our web pages, apps or the content contained therein, without the prior express consent of one of our authorised representatives. Such consent is deemed given for standard search engine technology employed by internet search web sites to direct internet users to our website; or
• reverse engineer, decompile or disassemble or otherwise attempt to derive the source code of the website or our mobile apps.

 

Limitation of Liability and Disclaimer

These Terms of Use apply except to the extent of any inconsistency with any applicable law (including consumer protection laws such as the Australian Consumer Law), in which event such law will prevail to the extent of the inconsistency. If any provision of these Terms of Use is void, illegal, invalid or unenforceable, the Terms of Use will be read down to the extent necessary to ensure they are not void, illegal, invalid or unenforceable. For the avoidance of doubt, nothing in these Terms of Use is intended to exclude, restrict or modify your rights including under consumer protection laws such as the Australian Consumer Law which cannot be excluded, restricted or modified.

To the fullest extent permitted by law, we make no representations or warranties as to the timeliness, availability, accuracy or completeness of any information contained on our websites and mobile apps. Like any written materials, the information provided on our websites and mobile apps may become out-dated over time, and we are under no obligation to correct or update any content or information on our websites or mobile apps. We may make improvements and/or changes in content about the products or services described on our websites and mobile apps at any time without notice and reserve the right to alter or delete content and information from our websites and mobile apps at any time.

To the fullest extent permitted by law, our websites and mobile apps are provided “as is” without any warranties of any kind, either express or implied. We do not guarantee that our websites and mobile apps will be fault or virus fee or that access to our websites and mobile apps will be uninterrupted. To the fullest extent permitted by law, we, our affiliates and any party involved in creating, producing or delivering our websites and mobile apps will not be liable for your use of or reliance on our websites and mobile apps under any circumstances, including negligence or misrepresentation (excluding fraudulent misrepresentation). To the fullest extent permitted by law, we will not be liable for any direct, indirect, special, exemplary, incidental, consequential, punitive damages, loss of savings, business opportunities, revenue and profit and damage to goodwill arising out of your use of our websites and mobile apps, even if we are informed of the possibility of such damages.

In respect of any conditions, warranties and guarantees which cannot be excluded under statute, to the fullest extent permitted by law, our liability for a breach of such condition, warranty or guarantee is limited (at our option) to the replacement, repair or resupply of the relevant product or the resupply or a refund of the cost of the relevant service.

Confidentiality

Unless you have included personal details or private information on a non password protected story page(other than feedback you have given permission to be made public), with respect to all communications you make to us regarding our websites and mobile apps and all content therein, including but not limited to feedback, questions, comments, suggestions and the like: (a) you shall have no right of confidentiality in your communications and we will have no obligation to protect your communications from disclosure; (b) we will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) we will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

Applicable Laws

Although this website is accessible worldwide, content is intended only for residents of Australia and we have used our reasonable endeavours to ensure that our website complies with Australian law. We make no representations that the materials, products, services or promotions on our website are appropriate or available for use in locations outside of Australia.

To the extent permitted by law, these Terms of Use shall be governed and construed in accordance with the laws of New South Wales, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in New South Wales.

We retain the right to bring proceedings against you for breach of these Terms of Use, in your country of residence or any other appropriate country or jurisdiction.

 

Your Privacy

We regard your privacy as important. You agree that your personal information will be managed in accordance with our Privacy Policy. Our Privacy Policy is available on our website.

Our websites and mobile apps use cookies and tracking tools to improve the content and functionality of our websites. Our use of cookies and tracking tools is managed in accordance with our Privacy Policy and our Cookie Policy.

Our websites and mobile apps may enable you to “share” information with your friends and other contacts either by email or SMS text message. If you select the “share” function, you are responsible for ensuring the accuracy of your friend’s or other contact’s address or phone number.

 

Passwords and logins

You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.

Minors

Our websites and mobile apps are for a general audience. Minors should always ask their parents or guardians for permission before providing any contact information to anyone online. We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise children’s access to the internet and use of mobile apps.