A Lasting Tale Pty Ltd / ABN 86 636 309 870

 1.         APPLICATION OF THESE TERMS

1.1       You agree that by downloading our App, registering, accessing or otherwise using our Services, you are entering an Agreement with us and agree to be bound by these Terms.

2.         CHANGES AND OTHER TERMS

2.1       We may change our Terms and our privacy policy from time to time. We will notify you of any changes via our App or website or by other means. If you object to any changes you can terminate our Agreement with you. If you continue using our Services after we publish or otherwise communicate notice about a change to our Terms, you agree to the updated Terms.

2.2       You agree to be bound by any other Terms that we communicate to you in the course of You engaging Us to provide the Services, as long as we give You an opportunity to terminate our Agreement if You do not agree to those additional Terms.

3.         ELIGIBILITY

3.1       You must be over the age of 18 to use our Services.

4.         YOUR ACCOUNT

4.1       To access the Services, You must create an account via the App.

4.2       By creating an account, you agree that:

(a)       You will provide accurate, current and complete information and you agree to update your information as necessary to maintain accuracy;

(b)       You will not create an account for anyone other than yourself; and

(c)        You will not create more than one account for yourself.

4.3       You must keep your password confidential and not share it with any other person.

5.         SERVICES

5.1       The Services are published on our App or our website and may include:

(a)       Automated (Record Your Own) interview;

(b)       Professional audio interview; and

(c)        Professional video interview.

5.2       We may change, suspend or discontinue any of our Services. We may also modify our prices.

5.3       When you order the Services using, you must provide the full name and details of your Interviewee or interviewees.

6.         PRICING AND PAYMENT

6.1       If you use our Services where we provide a price for those Services, you must pay Us the applicable Price at the times and in the manner set out in our App or website.

6.2       We may withhold delivery of the Services until You pay for the Services.

6.3       If you do not pay any amount under our Agreement by the relevant due date, You must pay any expense incurred by Us in recovering money You owe Us.

7.         INTERVIEW PRIVACY SETTINGS

7.1       The App privacy settings are private. Only You can view or access your interview and associated user content.

7.2       Your interview and associated user content will be not be accessible by the general public or other users of the Services.

8.         STORAGE

8.1       Unless we specifically say so in the Description of our Services, we don’t promise to store or make available any content you have stored on the App.

8.2       We may make storage services available as part of the Services and you may subscribe for those Services.

8.3       You agree that unless we offer and you accept a storage service, we have no obligation to store, maintain or provide you a copy of any content that you store on Our App.

9.         YOUR INTELLECTUAL PROPERTY RIGHTS

9.1       We will only use your Materials for the purpose of providing You our Services.

9.2       You retain the intellectual property rights in any Material you provide us and own the intellectual property rights in any audio or video material created by us for you as part of the Services.

9.3       You agree to Us using audio or video material created as a result of using the Services for the purpose of internal training and improving our Services. 

10.       YOUR PERSONAL INFORMATION

10.1    We will collect, use and disclose Your personal information and the personal information of your Interviewee/s according to our Privacy Policy.

11.       OUR INTELLECTUAL PROPERTY RIGHTS

11.1    The App and the Services contain Our copyrighted material and other intellectual property that belongs to us. You may not use this material without our consent.

12.       YOUR OBLIGATIONS

12.1    In using the Services you agree:

(a)       not to disclose information that you don’t have consent to disclose, like a third party’s confidential information or personal information; and

(b)       not to upload or provide material that is abusive, deceptive, pornographic, obscene or defamatory, violates others’ rights or harms others, especially minors.

13.       THIRD PARTY SITES AND SERVICES

13.1    We may make third party services available through the Services. If you use a third-party service, you must agree to the terms and conditions imposed by the third party and the agreement to use the third party service is between You and the third party.

13.2    We may provide links to other sites or Apps. We aren’t responsible for these other sites or Apps.

14.       TERMINATION

14.1    We may terminate Our Agreement with You if:

(a)       you breach these Terms;

(b)       your Interviewee does not provide the required consent forms or does not comply with any reasonable request.

14.2    If We terminate Our Agreement, we may retain any money that You have paid Us in our discretion, on account of the work that we have done before termination.

15.       CANCELLATIONS

15.1    We may publish a cancellations policy from time to time. We will notify you of our cancellation policy and any changes to it via our App or website or by other means.

16.       WARRANTIES, LIABIILITY AND INDEMNITIES

16.1    We make no representation or warranty about the Services including any representation that the Services will be uninterrupted or error-free or be available at any particular time.

16.2    To the maximum extent permitted by law:

(a)       this agreement excludes any warranty whether implied by statute, common law or otherwise.

(b)       Our liability to you is limited at our option to resupply of the Services or refunding to you the price that you have paid to us for the Services.

16.3    We will not be liable to you for any loss or damage which arises from any fault with the material you provide or the actions or omissions of your Interviewee.

16.4    You indemnify us with respect to any liability, loss, claim or expense that arises from a breach of this agreement by you.

16.5    You warrant that:

(a)       the Interviewee or any other person that will provide material or be recorded as part of the Services have consented to providing material or being recorded; and,

(b)       no third party’s intellectual property right or other right will be infringed by Us providing the Services;

(c)        if the Services involve Our employees or contractors attending Your premises or Your Interviewee’s premises, that premises will be safe and appropriate for the provision of the Services.

17.       GENERAL PROVISIONS

17.1    If any provision of this agreement is or becomes invalid or unenforceable for any reason, the provision may be severed from this agreement and the remaining provisions are not affected and are valid and enforceable to the fullest extent permitted by law.

17.2    To the extent permitted by law, in relation to the subject matter of this Agreement, this Agreement:

(a)       embodies the entire understanding of the Parties, and constitutes the entire terms agreed on between the Parties; and

(b)       supersedes any prior written or other agreement between the Parties.

17.3    This Agreement is to be governed by the laws of New South Wales, Australia.  The Parties submit to the jurisdiction of the Courts of the New South Wales and any Courts that have jurisdiction to hear any appeals from those Courts. 

18.       DEFINITIONS AND INTERPRETATIONS

18.1    Definitions:

(a)       Agreement means our agreement with You to provide the Services on these Terms.

(b)       App means the A Lasting Tale App

(c)        Interviewee means any individual who is, has or will be interviewed in the course of providing the Services to You.

(d)       Price means the price for the Services set out in the App or otherwise communicated to You.

(e)       Services means the services supplied by Us to You including recording, editing, storing in the App or on other media, audio and video footage.

(f)        Terms means these terms and conditions.

(g)       User means You, an individual who has downloaded the App and uses the Services. 

(h)       Materials means all data, images, stories and other intellectual property that you supply or make available to Us, our employees or contractors.

(i)        We, Us, Our means A Lasting Tale Pty Ltd carrying on business in its own name or any other name, and includes our employees, agents and independent contractors.

(j)         You means any person requesting Us to provide the Services (including persons acting on Your behalf with Your authority).

18.2    Unless the contrary intention appears: 

(a)       a reference to a person includes a reference to a body corporate and vice versa;

(b)       a reference to a Party includes its executors, administrators, successors and permitted assigns, substitutes and person taking by way of novation;

(c)        a reference to any statutes, regulations, ordinances or by-laws include all amendments, consolidations or replacements of those statutes, regulations, ordinances or by-laws;

(d)       a reference to currency is a reference to Australian currency unless otherwise specifically provided;

(e)       a reference to this Agreement or to any other agreement or document includes this Agreement or that other agreement or document as amended, novated, supplemented, varied or replaced from time to time;

(f)        the singular includes the plural and vice versa;

(g)       headings do not affect the interpretation of this Agreement;

(h)       the word "include" is used without any limitation;

(i)        if a Party comprises more than one entity, the obligations and covenants given by those entities are given by and bind those entities jointly and severally.

Version: 23 September 2020