Bookform Pty Limited ACN 605 514 592
Our website located at www.bookform.com.au ("Site") allows anyone to create a print-ready digital book product.
These terms and conditions of use ("Terms") govern your use of the Site and form a binding contractual agreement between you, the user of the Site and us, Bookform Pty Limited (ACN 605 514 592). For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on email@example.com.
By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them, whether or not you have registered to use the Site. If you do not agree to the Terms, please do not use or access (or continue to use or access) the Site.
1. Definitions and Interpretation
(a) “Content” means anything that is uploaded, posted or otherwise transmitted through the Site, and when it is introduced by you, it is your Content;
(b) “Contributors” means those Users that are invited by the Client Host to create, edit and share content to the Site which will be compiled to create a Memorial Book;
(c) “Deadline” means the latest time and date by which the Content must be submitted to us to be included in the Memorial Book;
(d) “Users” or “you” means the Contributors, Client Host and Funeral Service Providers collectively.
(a) These terms prevail in the event that anything in, or associated with, the Site is inconsistent with these Terms.
(b) If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
(c) These Terms and any contract to which they apply shall be governed by the laws of New South Wales and are subject to the jurisdiction of the courts of New South Wales.
(d) We shall be under no liability whatsoever to you for any direct or indirect losses and/or expense (including loss of profit) suffered by you arising out of a breach of these Terms by us, including our negligence.
(e) The failure by us to enforce any provision of these Terms shall not be treated as a waiver of that provision, nor shall it affect our right to subsequently enforce that provision.
(f) We may provide any notice required under these Terms by publishing the notice on the Site (“Notice”).
(g) We may amend or vary these Terms at our sole discretion by giving Notice, and the varied Terms are to take effect immediately upon Notice being given. Your continued use of the Site after any variation of these Terms will be deemed to constitute your acceptance of the varied Terms. If you do not accept the varied Terms, please discontinue your use of the Site and/or terminate your membership.
2. Acceptance of these Terms
2.2 None of our agents, employees, contractors, sub-contractors or representatives are authorised to make any representations, statements, conditions or agreements not expressed by us in writing nor are we bound by any such unauthorised statements.
2.3 Upon acceptance of these Terms by a User, the Terms are binding and may be amended by us in our sole discretion. It is your sole responsibility to regularly review these Terms prior to using the Site.
2.4 If you object to any changes to these Terms, or otherwise become dissatisfied with your membership of the Site, you may immediately:
(a) Discontinue accessing and using the Site; and/or
(b) Terminate your membership in accordance with these Terms.
3. Using the Site
3.1 We grant you a personal, non-exclusive, non-assignable, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
3.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
3.3 You must not add any Content to the Site:
(a) unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) that would bring us, or the Site, into disrepute;
(e) that infringes the intellectual property or other rights of any person; or
(f) that is harmful and/or interferes with or damages the Site including but not limited to viruses, cancel bots, trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology.
3.4 The Site may contain links to third party websites as well as content added by people other than us. We do not endorse, sponsor or approve any such User generated Content or any content available on any linked website and your use or access of such third party websites is at your own risk. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Site.
3.5 You acknowledge and agree that:
(a) we may edit and/or remove any Content posted by you to our Site in our sole discretion without notice to you;
(b) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
(c) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
4. Representations and Warranties
4.1 You represent and warrant to us that you:
(a) have the legal capacity to enter these Terms;
(b) will use the Site in a manner consistent with any and all applicable laws and regulations in any relevant jurisdiction;
(c) will provide information that is complete and accurate;
(d) will maintain the security of your username and password and notify us of any suspected unauthorised use of your username and password;
(e) will not impersonate any other person and that all information supplied to the Site will belong to you alone;
(f) will not modify, adapt, sublicence, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Site or any software used on or for the Site;
(g) will not use our Site for any illegal activities or any activities which are likely to cause loss, expense or damage to us or the Site; and
(h) will notify us if any of your personal information changes.
5.1 Interest on outstanding payments shall accrue daily from the date when payment becomes due, until the date payment is received at a rate of ten percent (10%) per annum.
5.2 If any payment remains overdue after fourteen (14) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of three hundred dollars ($300.00) shall be levied for administration fees which shall become immediately due and payable.
5.3 You agree that the interest charges and the additional amounts represent a genuine pre-estimate of our losses, damages, costs and expenses in respect of you failing to pay our overdue Fees.
6. Obligations of Client Host
6.1 You acknowledge and agree that we provide a platform for the creation of a Book and are not liable for Content.
6.2 We retain editorial control over Content, and while we may choose to modify Content we are not obligated to do so.
6.3 After the creation of the Book, you will be prompted about whether you wish for the Book to continue to be stored by us and you will have the following options:
(a) If you wish for the Book to continue to be hosted by us, you will be liable to pay a subscription Fee; and
(b) If you do not wish for the Book to continue to be hosted by us, you will be asked to download the Book to your computer in PDF format, as the Book will be deleted off our servers and third party servers.
6.4 You acknowledge and agree that it is your sole responsibility to download the Book and that we are not liable if the Book is deleted off our server prior to it being downloaded by you. You hereby release us from any damage or loss caused by your failure to download the Book before it is deleted off our server.
6.5 In our sole discretion, the Book may be available to download by you in the following two (2) formats:
(a) Digital PDF format; and
(b) ‘Print’ compatible PDF format.
6.6 Although Bookform endeavours to use the most secure servers possible, You acknowledge and agree that we do not provide any guarantee or warranty that the servers of any third party service providers engaged by us will be secure.
7. Obligations of Contributors
7.1 Contributors may freely post and edit Content to the Site. As a Contributor, you acknowledge and agree that it is your sole responsibility to ensure that the Content is appropriate, suitable for the purpose of the Site and is submitted before the Deadline. You understand and agree that failure to submit your Content before the Deadline will result in the Content submitted by you being omitted from the Memorial Book.
7.2 Each Contributor warrants to us that all Content posted by it to the Site:
(a) is not false or misleading;
(b) does not breach any third party Intellectual Property Rights;
(c) does not breach any other contractual or proprietary rights of third parties;
(d) does not contain any "worm," "virus" or other device that could impair or injure any person or entity;
(e) is not for a commercial purpose; and
(f) is not harmful, distasteful, obscene, pornographic, defamatory, racist, sexist, threatening, violent, offensive, abusive, vulgar, profane, indecent, unlawful, harassing, or otherwise objectionable.
8. Intellectual Property Rights
8.1 The book creator owns all copyright to their book and content.
8.2 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
8.3 By posting or adding any Content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that Content in any way (including, without limitation, by sublicensing, reproducing, changing, and communicating the Content to the public) and permit us to authorise any other person to do the same thing. This allows the Bookform software to compile all the contributions into the final book product.
8.4 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any Content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
8.5 The licence in clause 9.2 will survive any termination of these Terms.
8.6 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 9.2 and 9.3.
9.1 We may require you to provide your personal information directly to our third party service providers. Where information is provided by you to our third party service providers, such information will be subject to their respective privacy policies.
9.2 We may terminate these Terms for your failure to comply with clause 10.1.
10.1 To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
10.2 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
10.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
10.4 Our total aggregate liability for all claims relating to this Agreement is limited to $100.00.
11. Indemnities and Releases
11.1 You agree to indemnify and keep indemnified, us, our employees, our subcontractors against any loss, expense, cost, damage, claim, demand, suit, action, proceeding, judgment, order of a court or tribunal, legal fees (on a solicitor and own client basis) which we pay, suffer, or are liable in respect of:
(a) Any negligent act or omission of you, including (without limitation) you sharing your username and password for the Site with a third party;
(b) Any material which constitutes the transmission, dissemination, sale, storage or hosting of any material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
(c) Any act or omission of you, which causes damage to us in any way; and/or
(d) Any breach of these Terms (including a breach by us).
11.2 You agree to release us from any claim you have or may have had as a result of the use of our Site.
12.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.
12.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
13.1 Where we are required to provide you with written notice under these Terms, email communications to your nominated email address will also constitute written notice and will be deemed to have been given when it is sent to you.
13.2 We may assign our rights and liabilities arising under these Terms at any time without notice to you.
13.3 You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
13.4 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
13.5 Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
13.6 These Terms are governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.
Bookform Pty Limited (ACN 605 514 592) (“we” or “us” or “our”) provide users (“you”) with www.Bookform.com.au (“Site”).
We are firmly committed to protecting the privacy and confidentiality of your personal information. Accordingly, there are many aspects of the Site which can be viewed without collecting your personal information and we endeavour to collect and retain as little of your personal information as possible.
In limited circumstance, in order to effectively optimise use of the Site, we may need to collect personal information from each user and process that personal information. We may use common technologies such as cookies and web beacons to keep track of users' interactions with the Site to improve the quality of its service. We may also collect your Internet Protocol (IP) address to track and aggregate non-personally identifiable information, your referring website addresses, browser type, domain name and access times. Where information is collected by us, unless connected directly to a user account, the information we process in connection with each IP address is largely statistical and is not stored to or referred to by us in a way that permits us to piece together any particular user's browsing behavior.
How Your Information is used by us
(a) Information you provide – When you sign up for the Site, you may be required to provide personal information.
(c) Log information – When you access the Site, our servers may automatically record certain information. These server logs may include information such as your web request, your interaction with a service, IP address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser or your account.
(d) Communications – When you send email or other communications to us, we may retain those communications in order to process your inquiries, respond to your requests and improve our services. When you send and receive SMS messages to or from one of our services that provides SMS functionality, we may collect and maintain information associated with those messages, such as the phone number, the wireless carrier associated with the phone number, the content of the message, and the date and time of the transaction. We may use your email address to communicate with you about our services.
In addition to the above, we may use the information we collect to:
(a) Provide, maintain, protect, and improve the Site; and
(b) Protect the rights or property of us or our users.
If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.
We process personal information on our servers in the United States of America, and you consent to your personal information being processed and in that location.
Your Choice to Opt Out
If you'd like to opt-out from having us collect your information in connection with the Site, please let us know by contacting us using the details described above. When you opt out, we will place an opt-out cookie on your computer or device. The opt-out cookie tells us not to collect your information, or to enable other personalised services in connection with the Site. Please note that if you delete, block or otherwise restrict cookies, or if you use a different computer or device or Internet browser, you may need to renew your opt-out choice. If you elect to opt-out, we may restrict your access to the Site.
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some of our features and services may not function properly if your cookies are disabled.
Information sharing and onward transfer
We only share personal information with other companies or individuals (including companies or individuals in countries other than Australia) in the following limited circumstances:
(a) When we have your consent. We will usually require opt-in consent for the sharing of any sensitive personal information.
(c) When we have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to:
(i)satisfy any applicable law, regulation, legal process or enforceable governmental request;
(ii) enforce our Terms of Service, including investigation of potential violations of those Terms;
(iii) detect, prevent, or otherwise address fraud, security or technical issues; or
(iv) protect against harm to the rights, our property or safety, our users or the public as required or permitted by law.
(v) If we become involved in a merger, acquisition, or any form of sale of some or all of our assets, we will use our best endeavors to:
(d) ensure the confidentiality of any personal information involved in such transactions; and
We take appropriate security measures to protect against unauthorised access to or unauthorised alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorised access to systems where we store personal data.
We restrict access to personal information to our employees, contractors and agents who need to know that information in order to process it on our behalf. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
Accessing and updating personal information
Subject to the provisions of the Privacy Act 1988 (Cth), when you use the Site and where your personal information is stored by us, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We may charge you a reasonable fee for access to your personal information.
We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardise the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. Because of the way we maintain certain services in connection with the Site, after you delete your information, residual copies may take a period of time before they are deleted from our active servers and may remain in the our backup systems.
When we receive formal written complaints, it is our policy to contact the complaining user regarding his or her concerns.