Terms of Service

1. Definitions

1.1 ‘We’ (‘us’, ‘our’ and ‘the Business’) means A Life Untold, it’s successors, assigns and any person acting on behalf of the authority of A Life Untold.

1.2 ‘You’ (‘your’ and ‘the Client/s’) means the person/s, company, or unincorporated association availing of the Services of A Life Untold.

1.3 ‘Website’ means www.alifeuntold.com

1.4 ‘Service’ means any service supplied by A Life Untold to its Clients.

1.5 ‘Agreement’ means the terms agreed and accepted between A Life Untold and the Client.

 

2. Acceptance

2.1 Any instructions received from you by us for the supply of Services and/or your acceptance of Services supplied by us shall constitute acceptance of the terms and conditions contained herein.

2.2 You are taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if you avail of the Service provided by us.

2.3 These terms and conditions may only be amended with our consent in writing and it shall prevail to the extent of any inconsistency with any other document on agreement between you and us.

2.4 These terms and conditions are meant to be read in conjunction with the Terms and Conditions posted on the Website. If there are any inconsistencies between the two documents, then the Terms of Service contained in this document shall prevail.

 

3. Services

3.1 A Life Untold provides you with assistance in writing and printing life stories of you or your loved ones into hardcover books.

3.2 We will be reviewing each job details to ensure it meets these Terms of Service.

3.3 We reserve the right to reject any job that breaches these Terms of Service.

3.4 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

3.5 We may contact you if we need further information and/or clarification.

 

4. Pricing, Payment Terms and Packages

4.1 Pricing

4.1.1. If applicable, Price is inclusive of GST.

4.2 Payment Terms

4.2.1. You agree to pay the total price before any services are delivered or acquired;
4.2.2. Unless agreed otherwise between you and the Business.

4.3 Services

Services include but are not limited to the following.
4.3.1. Collection of information and photographs provided by you;
4.3.2. Combining the information collected;
4.3.3. Limited editorial services, such as spelling and grammar checks.

 

5. Modifications to Services and Prices

5.1 Prices for our products are subject to change without notice.

5.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

5.3 We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

5.4 We charge a monthly payment to maintain and give you access to your account while in the process of collecting and completing your instructions and information to carry on our services.

5.5 You have one year from your purchase date to complete your online interview. If you have not completed your interview in this time, you will lose access to our online interview and there will be an additional fee to have your book designed and shipped. This fee could be less than, equal to, or more than, your original purchase price and is at the sole discretion of A Life Untold. In the case that you do not wish to renew the service, A Life Untold will send you all the answers you had submitted and saved up to the point your service ended.

5.6 The price includes one hardcover book up to 150 pages. If your story is longer than 150 pages, there will be an additional charge of 50 cents per page.

5.7 Depending on the destination of your product, it may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that A Life Untold has no control over these charges and cannot predict their amount. For more information you should contact your local customs office.

5.8 If the charge currency differs from your credit card currency, you may be charged a foreign exchange fee by your credit card company. You may also be charged a fee by your credit card company if your credit card is not based in Australia, regardless of the currency used. Please note that A Life Untold has no control over these charges and cannot predict their amount. For more information you should contact your credit card company.

5.9 The exact specifications of the hardback are subject to change but have historically been printed at 21 x 21 cm (8.3 x 8.3 inch).

 

6. Special requests, feedback, and others

6.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

6.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

6.3 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

7. Your Content & Book

7.1 You own the copyright to your book.

7.2 With regard to the content of your book, while we combine your questions, answers and photos, we DO NOT proof, edit or change images, texts or other assets you provide to us through the interview process – therefore, we are not responsible for – nor do we verify – the accuracy of your book. As such, we DO NOT provide any legal protection to you for what is written and printed in your book (e.g. defamation, libel, slander).

7.3 You agree that your book will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your book will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of the content in your book. You are solely responsible for the book and its accuracy. We take no responsibility and assume no liability for your book.

7.4 We may employ third-party companies and individuals due to the following reasons:

7.5.1. To facilitate our Service;
7.5.2. To provide the Service on our behalf;
7.5.3. To perform Service-related development and upgrade; or
7.5.4. To assist us in analysing how our Service is used.

We want to inform users of this Service that these third parties may have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.

7.5 For the purpose of printing your book:

7.5.1 You hereby grant to A Life Untold an irrevocable, non-exclusive license or other right to use, license or sub-license (without payment of royalty or other compensation to any Person) any or all Intellectual Property of your book.

7.5.2 You grant the non-exclusive right to post, display, copy, and modify the content and to sell or otherwise transfer that content within the limitations of the operation of the forum, group or other location to which the content was posted.

7.5.3 You grant our print partners a non-exclusive, worldwide, fully-paid and royalty-free license to reproduce and distribute the content they deliver for the purpose of printing and distributing the products that are ordered through their applications or otherwise. Users agree that A Life Untold and our partners reserve the right to maintain and store the electronic files for this purpose and to maintain an archival copy.

 

8. Return Policy

8.1 If for any reason you are not happy with your purchase, we offer full refunds within 30 days of purchase. After 30 days there will be no refunds; or if before that time printing of the book has been authorised.

8.2 In the case of gift purchases, we offer full refunds within 30 days of when the recipient receives their gift. After 30 days there will be no refunds; or if before that time printing of the book has been authorised.

8.3 Due to the bespoke nature of our service, A Life Untold cannot accept returns or refunds on printed books. If the applicable product can be shown to be faulty you may file a request for a re-print within 20 days after the shipping date of the original print job. We will then do a re-print. If the return is due to the content of a product, rather than the physical aspects, the user will pay for both the print and the re-print.

8.4 With regard to content, while we combine your questions, answers and photographs, we DO NOT proof, edit or change images, texts or other assets you provide to us through the interview process – therefore, we are not responsible for misspelled words, factual errors, grammatical mistakes, poor quality pictures and so on.

8.5 Please note that because we partner with multiple factories in several regions, minor differences may occur across products printed by our different printing partners – even for the same product. For example, these differences could be – but are not limited to – slight variances in colour, binding, and paper gloss.

 

9. The Client

9.1 Must provide all relevant information at the point of contact to us;

9.2 You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

9.3 Is responsible and has full control over the information provided to us;

9.4 Will own the copyright of the book once completed.

 

10. Electronic Transactions Act 2000

10.1 Electronic signatures shall be deemed to be accepted by either party provided that it complies with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.

10.2 Electronic communication in the form of email is an accepted form of written communication for this agreement.

 

11. Change of details

11.1 It is the Client’s responsibility to notify the Business of any change in contact details within fourteen (14) days.

 

12. Price

12.1 The Price shall be as indicated on invoices provided by the Business to the Client in respect of Services, prior to commencement of work.

12.2 The Business reserves the right to change the Price before commencing work:

12.2.1. If a variation to the services which are to be supplied is requested; or
12.2.2. In the event of increase in the cost of third-party provider or any other related matters in connection with the Service which are beyond the Business’s control.

12.3 Time for payment for the Service being of the essence, the Price will be payable by the Client on the date/s determined by the Business, which will be the date specified on any invoice or other form as being the date for payment.

12.4 Payment can only be made by electronic transaction.

12.5 Where GST is payable, the Price includes GST. The Client must pay for any supply by the Business under this or any other agreement for the Services provided. In addition, the Client must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

 

13. Indemnity

13.1 You agree to indemnify, defend and hold harmless A Life Untold for any claim or demand, including legal costs, made by any third-party due to or arising out of your breach of these Terms of Service of the documents they incorporate by reference, or your violation of any rights of a third-party.

13.2 The Client indemnifies the Business from and against all the Business’s costs and disbursement including legal costs on a solicitor and own client basis incurred in exercising the Business’s rights under this clause.

 

14. Security

14.1 We value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and we cannot guarantee its absolute security.

 

15. Default and Consequences of Default

15.1 If you owe us any money, you shall indemnify us from and against all costs and disbursements incurred by us in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, our contract default fee, and bank dishonour fees).

15.2 Further to any rights or remedies we may have, if at any time under this contract, if you have made payment to us, and the transaction is subsequently reserved, you shall be liable for the amount of the reserved transaction, in addition to any further costs incurred by us under this clause 15 where it can be proven that such reversal is found to be illegal, fraudulent or in contravention to your obligations under this agreement.

15.3 Without prejudice to any other remedies we may have, if at any time you are in breach of any obligation (including those relating to payment) under these terms and conditions we may suspend or terminate its Services to you. We will not be liable to you for any loss or damages you suffer because we have exercised its rights under this clause.

 

16. Cancellation

16.1 The Business may cancel any contract to which these terms and conditions apply or cancel delivery of Service at any time before the Services are delivered by giving written notice to the Client. On giving such notice the Business shall repay to the Client any sums paid in respect of the Price, less any amounts owing by the Client to the Business for Services already delivered. The Business shall not be liable for any loss or damage whatsoever arising from such cancellation.

16.2 In the event that the Client cancels the Service, the Client shall be liable for any loss incurred (whether direct or indirect) by the Business as a direct result of cancellation (including, but not limited to, any loss of profits).

16.3 Cancellation of Service by the Client is subject to the stipulations under our Terms of Service.

 

17. General

17.1 The failure by the Business to enforce any provisions of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect the Business’s right to subsequently enforce that provision. If any provisions of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality, and enforceability of the remaining provisions shall not be affected, prejudiced, or impaired.

17.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales, the state in which the Business has its principal place of business and are subject to the jurisdiction of the courts in that state.

17.3 The Business shall be under no liability whatsoever to the Client for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Client arising out a breach by the Business of these terms and conditions (alternatively the Business’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Services).

17.4 The Client shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Client by the Business nor to withhold payment of any invoice because part of that invoice is in dispute.

17.5 The Business may license or sub-contract any of its rights and obligations without the Client’s consent.

17.6 The Client agrees that the Business may amend these terms and conditions at any time. If the Business makes a change to these terms and conditions, then that change will take effect from the date which the Business notifies that Client of such change. The Client will be taken to have accepted such changes if the Client makes a further request for the Business to provide any Services to the client.

17.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm, or other event beyond the reasonable control of either party.

17.8 The Client warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.

17.9 We make no warranties that the Services are fit for purpose.

17.10 If any term in this agreement is found to be legally void, invalid, or unenforceable this does not void the remaining terms of the agreement.

17.11 Any disagreement is to be attempted to be resolved by mediation at the Client’s expense prior to legal proceedings being commenced.

 

18. Limitation of Liability

18.1 The Client hereby disclaims any right to sue for damages or to claim restitution arising out of any inadvertent misrepresentation made to the Client by the Business and the Client acknowledges that the Services were availed relying solely upon the Client’s skill and judgment.

18.2 Insofar as the Client, notwithstanding provisions of this clause, may have any claim for damages against the Business, its servants or agents either on contract or in tort and whether arising from negligence or otherwise (it being the intention of this clause that no such damages may be recovered) the same shall be limited to an amount of Services actually paid by the Client in respect of that portion of the particular Services which gave rise to such claim.

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