Term & Conditions

Overview

We, Today's Tale Pty Limited (ACN 124 124 198) (Today's Tale),  make our website www.todaystale.com (Website), the Today's Tale services, apps and content (Services) available to you on the basis of these user terms (Terms).
It is important that you understand these Terms, as they form the legal contract between us. These Terms govern your use of the Services. By registering with Today's Tale or by actually accessing or using the Services, you agree to be bound by these Terms.
We can change these Terms at any time. If a change is material we will notify you of the change by notice on our website before it takes effect. These are the current Terms and replace any previous terms of use for the Services.

Who are 'you'?

In these Terms, 'you' means the person or organisation who registers, accesses, views or uses the Services. If you use the Services or register on behalf of someone else, 'you' represent to us that you have their authority to do and these Terms will also be binding on them.

User Accounts

You may view free publically available content on the Website without a user account.
To upload or post content, or to view chargeable content, you must register via the Website and only access the Services via your user account (User Account). You must not share your User Account with any other person. You are responsible for maintaining the confidentiality of your User Account including your log in details. You are solely responsible for the consequences of any use of your User Account, including by third parties regardless of whether or not you have authorised such use. You must notify us if you become concerned that unauthorised access has been made to your User Account and you must take all appropriate steps to mitigate any harm unauthorised access may cause.
To enable registration, we require you to provide certain information about yourself or your organisation (Credentials). By providing the Credentials, you agree that you are not impersonating anyone; you are not violating any applicable law regarding use of personal or identification information; if registering on behalf of an organisation you are authorised to create a User Account in their name; and if we ask, will verify your Credentials in such form as we may require.
We may make our own enquiries to verify your Credentials. If we suspect or identify improper use of a person or company's identity we may disclose that information to any relevant persons or authorities without notifying you.

Right to use the Services

Subject to your compliance with these Terms, we grant you a revocable right to use the Services for the sole purposes of receiving the benefit of the Services, on the conditions that you must not in any way: (1) commercially exploit or transfer the Services or make them available to any third party; (2) use the Services for any purposes other than as intended under these Terms; (3) use the Services in a way that violates the rights of a third party, or infringes another party's intellectual property rights; (4) use the Services for any inappropriate, illegal or unlawful purpose; (5) interfere with or disrupt the integrity or performance of the Services; or (6) do anything that could adversely affect the reputation, goodwill or business of Today's Tale.
All rights not expressly granted by us to you in these Terms are reserved by us and our licensors. We reserve the right to, at any time, and without prior notice, disable or remove your User Account and/or access to the Services in the event of any breach or suspected breach of this clause 4.

Term

If you are a casual user of the Services and do not have a User Account, these Terms will apply any time that you use or access the Services.
If you have a User Account, these Terms will continue to apply for so long as your User Account is open, or you use the Services or access the Website, until such time as you give at least 30 days written notice to us of your intention to terminate these Terms.

Fees

If you register with us and hold a User Account, you agree to pay us the fees for access to and use of the Services in accordance with these Terms and (if applicable) the terms of your sponsor or paywall subscription as agreed between us and described on our Website www.todaystale.com (Fees). Fees are exclusive of any applicable GST.
Except where otherwise agreed between us:

  • for sponsor subscribers, we will invoice you monthly and the Fees will be paid by deduction from your nominated credit or debit card, monthly in advance;
  • for paywall subscribers, we will account to you monthly in arrears and pay to your nominated account, the amount we reasonably determine is your share in any net revenue we receive from your pay-to-view Posted Content (after payment of applicable taxes, and deduction of our Fees and any other amounts you owe to us under these Terms); and
  • for users of pay-to-view content on our Website, you must pre-pay your User Account and maintain a balance of not less than [$5]. You authorise us to automatically top up your User Account by deduction from your nominated debit or credit card. Once the funds have 'cleared', your User Account will be credited with the top up amount. No interest is payable to you by us on any amounts held in your User Account.
All Fees and any other amounts due under these Terms must be paid within 30 days of the date of the relevant tax invoice. Overdue fees will incur a late payment charge of [5% per month] on the outstanding amount. The Fees are non-cancellable and to the extent permitted by law, all amounts paid are non-refundable.
You agree to provide to us such payment information as we may reasonably require, and to do such things as we may reasonably request, to enable us to establish satisfactory Fee payment processes (for example providing details of your credit or debit card, or nominated bank account, or completing a direct debit form) (Payment Information). You acknowledge that you may not be able to access the Services until you have provided the required Payment Information, and paid any outstanding Fees.
We may increase the Fees from time to time. If we do, we will provide you with at least 30 days written notice of any Fee change.

Intellectual Property

You own any content, information, comment or material you upload or input to the Website (Posted Content). You grant to us an irrevocable unconditional, royalty free license and right to use, display, copy, modify, adapt and publish your Posted Content for any purpose related to the Services.
We own or are licensed to use all other intellectual property in the Services including the look and feel of our brand 'Today's Tale'. You may not use any of our intellectual property for any purpose other than to obtain the benefit of the Services. You must not use or display our 'Today's Tale' brand and logo without our prior consent.
You warrant that you own or are licensed to use all intellectual property rights in your Posted Content. You indemnify us, and agree to keep us indemnified, from and against any claims by third parties arising from your Posted Content, including any breach of intellectual property rights any third party may bring against us, in relation to your Posted Content.

Posted Content

We do not have, and we expressly disclaim, any liability to you in connection with your Posted Content or any deletion, loss or unauthorised modification of your Posted Content.
You warrant and you must ensure that your Posted Content is not misleading, deceptive, materially inaccurate or defamatory in any way and is compliant with all applicable laws.
We cannot guarantee, and make no representations in relation to, the completeness or accuracy of any Posted Content. We do not have (and expressly disclaim) any liability in connection with any monitoring, consideration, evaluation, assessment, review, screening, censoring or removal of Posted Content or any failure or refusal on our part to do so. However, we may at our discretion monitor Posted Content. We may remove any Posted Content for any reason.
You agree to indemnify us, and keep us indemnified, from and against any claims that arise in connection with your Posted Content.
We reserve the right to keep the Posted Content on the Website indefinitely and may edit it after it has been uploaded to the Website.

Disclaimer of warranties

Today's Tale, our related companies, officers, employees, licensors and suppliers provide the Services "as is" without any warranty of condition, express, implied or statutory, to the maximum extent permitted by law. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the maximum extent permitted by law.
We do not guarantee continuous, uninterrupted access to the Services. There may be outages to the Services for reasons outside our control, or if we determine (in our discretion) that an outage is required for our business purposes, or the security, operation or performance of the Services.
We have no control over third party websites and we are not responsible for, and expressly disclaim all liability arising out of, or in connection with, any third party websites including where links to such websites are available on our Website.

Automated use of Today's Tales

Crawling, spidering or scraping of content is prohibited, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing Today's Tale's public pages. You may not provide unauthorised interfaces to any of our applications.

Prohibited Conduct

You must not do any of the following without our prior express written permission:

  • Interfere with or disrupt the Services or the access of any other user to the Services including by sending or uploading any virus, overloading, flooding, spamming, or mail bombing the Services or otherwise acting in a way that creates an undue burden on the Services;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising the Services;
  • use the Services for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
  • use the Services in a way that would result in you breaching any applicable laws or any obligations you may owe to third parties;
  • make a false representation about your identity, including the impersonation of a real or fictitious person or use an alternative identity or pseudonym;
  • publish advertising material of any kind or market any goods or services directly to other users in breach of the Spam Act 2003, Privacy Act 1988 or any other statute, code of
  • practice or guideline;
  • introduce any virus, worm, Trojan horse, malicious code or other program which may damage our, or any user's, computers, computer software, or other computer equipment.

Privacy and Spam Act 2003

We may collect, use and disclose your personal information for the purposes described in our Privacy Policy which is available on our the Website. We may send you emails about or in connection with the Services that may be of interest to you, including from of our partners or collaborators. You may elect not to receive certain types of notifications from us.
Your registration and use of the Services is conditional upon you agreeing and complying with our Privacy Policy. If you do not agree to us collecting, using or disclosing your personal information in the manner contemplated by these Terms and our Privacy Policy, you must not use the Services.
If you intend to post any personal information on the Website that relates to a third party (including their name, email address or phone number), you must obtain their consent before doing so.
You must also ensure you comply with the Spam Act 2003 at all relevant times.

Suspension of User Account

We may suspend your User Account or access to the Services at any time, for any reason, including without cause for such time as we determine. Where practical and permissible, we will give you reasonable notice of any suspension unless the reason for the suspension relates to wrongful conduct by you. We will not have any liability in connection with any suspension of your User Account or your access to the Services, regardless of the reason for suspension.

Termination

We may terminate these Terms immediately on notice to you if you are in breach of these Terms or if you become insolvent (including on the appointment of any administrator, receiver or liquidator to you or any part of your property, or on the commencement of any proceeding seeking liquidation, reorganisation or other relief from your debts).
If you have a User Account, you may terminate these Terms for convenience at any time by giving us 30 days prior written notice of your intention to terminate.
On termination of these Terms, all your rights to use and access the Services and your User Account will terminate. You are not entitled to a refund of all or any part of the Fees already paid. Unless required by law, we will not refund all or any part of any credit balance held in your User Account.

Limitation of liability and indemnity

You use the Services entirely at your own risk. We will use our best endeavours to ensure that the Services are free of viruses, malware or other code that has contaminating or destructive qualities but we do not guarantee or warrant that any file you download from the Website or which we deliver to you will be free of such things. You are responsible for implementing appropriate processes, systems and procedures to protect yourself from such risks.
You indemnify us, and agree to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your improper use of or conduct in connection with the Services, including any breach by you of these Terms or any applicable law.
To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for these Terms, might apply in relation to your use of the Services. To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or tort (including negligence), to you will be limited to $100.
In no circumstances will we be liable to you or any third party for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.

Miscellaneous

  • Notices: We may provide notices (including tax invoices) to you by sending them to any email address you provide to us. You will be treated as having received any email sent by us instantly. You may only give notices to us by admin@todaystale.com
  • Assignment and Novation: We may assign or novate any of our rights or obligations under these Terms without your consent. You are not allowed to assign, novate, delegate or sub-contract any of your rights and obligations under these Terms.
  • No Waiver: A waiver of these Terms must be agreed to in writing. No failure, delay, relaxation or indulgence by us in exercising any right conferred under these Terms operates as a waiver of that right.
  • Entire Agreement: These Terms constitute the entire agreement between us in relation to its subject matter. You acknowledge and agree that you have not relied on any representations by agreeing to these Terms, except those contained in these Terms.
  • Governing Law and Jurisdiction: These terms and conditions must be construed in accordance with the laws of the State of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the Courts of that State.
  • Relationship: Nothing in these Terms creates or is intended to create any relationship of agency, partnership, joint venture or employment between the parties. You have no authority to bind us or our related entities in any way. 
  • Severance: If any part of these Terms is deemed unlawful, void or for any reason unenforceable then that provision is deemed to be severed from these Terms and does not affect the validity and enforceability of any remaining provisions. 
  • Survival: Clauses in these Terms which by their nature require survival of termination will survive termination of these Terms (including but not limited to clauses 6 (Fees), 7 (Intellectual Property), 9 (Disclaimer of Warranties), 14 (Termination) and 15 (Limit of Liability and Indemnity).