Welcome to Storyflow!
We are Storyflow Pty Ltd, an Australian business with ABN 21 673 756 726 (‘we’, ‘our’ or ‘us’) and we provide a cloud-based customer relationship management (CRM) platform designed to streamline the business operations of wedding photographers and videographers (Software).
These terms and conditions (Terms) govern your access to the Software and us providing you any other goods and services as set out in these Terms (Subscription). You can view the most updated version of our Terms at https://app.storyflow.com.au/storyflow_agreement
Your Subscription is for the tiered package as selected by you and agreed between us by means of the Website (Subscription Tier).
In these Terms, capitalised words and phrases have the meanings given to them where they are followed by bolded brackets, or as set out in the Definitions table at the end of these Terms.
By clicking the tick box below or clicking the “I accept these Terms” button on our Website, paying for your Subscription or otherwise accepting the benefit of any part of your Subscription, you agree to be bound by these Terms which form a binding contractual agreement between you the person acquiring a Subscription or the company you represent and are acquiring the Subscription on behalf of (‘you’ or ‘your’) and us.
We may change these Terms at any time by notifying you, and your continued use of the Solution following such an update will represent an agreement by you to be bound by the Terms as amended.
By accepting these Terms, you represent and warrant that:
you have the legal capacity and authority to enter into a binding contract with us; and
you are authorised to use the payment you provided when purchasing a Subscription.
The Software is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Software. By using the Software, you represent and warrant that you are either:
over the age of 18 years and accessing the Software for personal and commercial use; or
accessing the Software on behalf of someone under the age of 18 years old and consent to that person’s use of the Software.
Please do not access the Software if you are under the age of 18 years old and do not have your parent or guardian’s consent, if you are under 16 or if you have previously been suspended or prohibited from using the Software.
If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government or other legal entity (Represented Entity), then “you” or “your” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Solution on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
Subject to clause 13.1, upon expiration of the Subscription Period, this agreement will automatically and indefinitely renew on an ongoing basis for a period equal to the Subscription Period (Renewal Period).
SCOPE OF YOUR SUBSCRIPTION AND THE SOLUTION
We will provide you, to the extent described in your Subscription Tier, the Software and the Documentation (Solution).
We offer two Subscription Tiers:
a limited access Subscription (Lite Subscription); and
a full access Subscription (CRM Subscription).
Your Subscription includes the benefits and limitations of your Subscription Tier as set out on our Website, or as otherwise communicated to you when you subscribe for your Subscription (and as amended from time to time by notice to you).
ACCOUNTS
(Accounts) To use the Solution, you may be required to sign-up, register and receive an account through the Software (an Account).
(Provide Information) As part of the Account registration process and as part of your continued use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, photos and video, audio files, profile information, payment details, ratings and reviews, verified identifications, verified certifications and authentication, and other information as determined by us from time to time.
(Warranty) You warrant that any information you give to us in the course of completing the Account registration process is accurate, honest, correct and up-to-date.
(Acceptance) Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website and provide you with an Account.
DISCLAIMER
You acknowledge and agree that:
any information provided to you as part of or in connection with the Solution or the Services is general in nature, may not be suitable for your circumstances and does not constitute financial, legal or any other kind of professional advice; and
it is your responsibility to comply with applicable Laws relevant to your business, including industrial relations Laws and privacy Laws.
SOFTWARE
While your Subscription is maintained, we grant to you a non-exclusive, non-transferable licence to use the Software and Documentation.
We may from time to time, in our absolute discretion, release enhancements to the Software, meaning an upgraded, improved, modified or new versions of the Software (Enhancements). Any Enhancements to the Software will not limit or otherwise affect these Terms. Enhancements may cause downtime or delays from time to time, and credits will not be provided for such downtime.
We may change any features of the Solution at any time on notice to you.
SUPPORT SERVICES
We will provide general support where reasonably necessary to resolve technical issues with the Software (Support Services). Unless otherwise agreed in writing:
we will take reasonable steps to provide Support Services where necessary (you must first endeavour to resolve any issues with the Software internally and we will not assist with issues that are beyond our reasonable control);
we will use our best endeavours to respond to requests for Support Services and you acknowledge that we may not be available 24/7 or respond within a particular time frame;
you are responsible for all internal administration and managing access, including storing back-up passwords and assisting your Users to access and use the Software; and
you will not have any claim for delay to your access to the Software due to any failure or delay in Support Services.
DATA HOSTING
We will store User Data you upload to the Software using a third party hosting service selected by us, currently AWS with their terms available here (Hosting Services), subject to the following terms:
(hosting location) You acknowledge and agree that we may use storage servers to host the Software through cloud-based services, and potentially other locations outside Australia.
(service quality) While we will use our best efforts to select an appropriate hosting provider, we do not guarantee that the Hosting Services will be free from errors or defects or that User Data will be accessible or available at all times.
(security) We will use our best efforts to ensure that User Data is stored securely. However, we do not accept responsibility or liability for any unauthorised use, destruction, loss, damage or alteration to User Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
(backups & disaster recovery) In the event that User Data is lost due to a system failure (e.g. a database or webserver crash), we cannot guarantee that any backup will be available, or if available that such a backup will be free from errors or defects.
GENERAL
You agree to:
provide us with all documentation, information and assistance reasonably required by us to perform the Services; and
provide us with access to any third party or other accounts used by you (including log-in details and passwords), as is reasonably required by us to perform the Services.
CLIENT MATERIAL
You warrant that all information, documentation and other Material you provide to us for the purpose of receiving the Solution is complete, accurate and up-to-date.
You release us from all liability in relation to any loss or damage arising out of or in connection with the Solution, to the extent such loss or damage is caused or contributed to by information, documentation or any other Material provided by you being incomplete, inaccurate or out-of-date.
YOUR OBLIGATIONS
You must not, and must not encourage or permit any User, Personnel or any third party to, without our prior written approval:
upload sensitive information or commercial secrets using the Software;
upload any inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist material using the Software;
use the Software for any purpose other than for the purpose for which it was designed, including you must not use the Solution in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes;
upload any material that is owned or copyrighted by a third party;
make copies of the Documentation or the Software;
adapt, modify or tamper in any way with the Software;
remove or alter any copyright, trade mark or other notice on or forming part of the Software or Documentation;
act in any way that may harm our reputation or that of associated or interested parties or do anything at all contrary to the interests of us or the Software;
use the Software in a way which infringes the Intellectual Property Rights of any third party;
create derivative works from or translate the Software or Documentation;
publish or otherwise communicate the Software or Documentation to the public, including by making it available online or sharing it with third parties;
integrate the Software with third party data or Software, or make additions or changes to the Software, (including by incorporating APIs into the Software) other than integrating in accordance with any Documentation or instructions provided by us in writing;
intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment in connection with the Software;
sell, loan, transfer, sub-licence, hire or otherwise dispose of the Software or Documentation to any third party, other than granting a User access as permitted under these Terms;
decompile or reverse engineer the Software or any part of it, or otherwise attempt to derive its source code;
share your Account or Account information, including log in details or passwords, with any other person and that any use of your Account by any person who is not the account holder is strictly prohibited. You must immediately notify us of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Solution’s security;
use the Solution for any purpose other than for the purpose for which it was designed, including you must not use the Solution in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes);
make any automated use of the Solution and you must not copy, reproduce, translate, adapt, vary or modify the Solution without our express written consent;
attempt to circumvent any technological protection mechanism or other security feature of the Software; or
permit any use of the Solution in addition to the Number of Solution Users.
If you become aware of misuse of your Subscription by any person, any errors in the material on your Subscription or any difficulty in accessing or using your Subscription, please contact us immediately using the contact details or form provided on our Website.
You agree, and you must ensure that all Users agree:
to comply with each of your obligations in these Terms;
to sign up for an Account in order to use the Solution;
that information given to you through the Software, by us or another User, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
FREE TRIAL PERIOD
We may from time to time offer a free 7-day trial of the Solution for either the Lite Subscription or CRM Subscription (Free Trial Period).
No payments will be due during any Free Trial Period and your first payment will be due immediately after the expiry of the Free Trial Period.
If you complete a Free Trial Period for the CRM Subscription, you are not eligible for another free trial if you later downgrade to the Lite Subscription. However, if you wish to upgrade from the Lite Subscription to the CRM Subscription, you may be eligible for an additional Free Trial Period for the CRM Subscription.
SUBSCRIPTION FEES
You must pay subscription fees to us in the amounts specified on the Website for your Subscription Tier, or as otherwise agreed in writing (Subscription Fees).
All Subscription Fees must be paid in advance and are non-refundable for change of mind.
Unless otherwise agreed in writing, the Subscription Fees are due and payable on a recurring basis for the duration of your Subscription, with the first payment being due on the first day of the Subscription Period and at the beginning of every Renewal Period thereafter.
AUTOMATIC RECURRING BILLING
Subject to clauses 6.4 and 6.5:
While your Subscription is maintained, your Subscription Fees will continue to be debited at the beginning of each Renewal Period from the payment method you nominated when you registered for an Account.
By signing up for a recurring Subscription, you acknowledge and agree that your Subscription has an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to your cancellation of your Subscription.
If you fail to cancel your Subscription prior to a Renewal Period and you are charged recurring charges, you have up to 10 Business Days from the date of that renewal to cancel your Subscription by contacting us through our Website (Grace Period). If you cancel your Subscription within the Grace Period, please contact us via our Website to request a refund for any recurring fees charged to you during the Grace Period.
CHANGES TO SUBSCRIPTION FEES
LATE PAYMENTS
GST
Unless otherwise indicated, the Fees include GST.
CARD SURCHARGES
We reserve the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
ONLINE PAYMENT PARTNER
We may use third-party online payment partner, currently Stripe (Online Payment Partner) to collect Subscription Fees.
You acknowledge agree that:
the processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner, which can be found here;
you release us and our Personnel in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment; and
We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
WARRANTIES
By providing or posting any information, Material or other content in connection with the Software (Posted Material), you represent and warrant that, and must ensure that all Users make equivalent representations and warranties:
you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
the Posted Material is accurate and true at the time it is provided;
the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
the Posted Material is free from any material that may harm our reputation or that of associated or interested parties;
the Posted Material is not “passing off” of any product or service and does not constitute unfair competition;
the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, Confidential Information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Solution or any network or system; and
the Posted Material does not breach or infringe any applicable Laws.
LICENCE
You grant, and must ensure that all Users grant, to us a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for us to use, exploit or otherwise enjoy the benefit of such Posted Material.
If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you release us from any and all claims that you could assert against
us by virtue of any such moral rights, and you must ensure that all Users grant an equivalent release.
You indemnify us against all damages, losses, costs and expenses incurred by us arising in connection with any third party claim that Posted Material infringes any third party’s Intellectual Property Rights.
REMOVAL
The Software acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material. However, we may, in our absolute discretion, review and remove any Posted Material from the Solution at any time without giving any explanation or justification for removing the Posted Material, including if we determine that the Posted Material infringes a third party’s Intellectual Property Rights, or is reasonably likely to.
You agree that you are responsible for keeping and maintaining records of Posted Material.
SOFTWARE CONTENT INTELLECTUAL PROPERTY
(Our ownership) We retain ownership of all Materials provided to you throughout the course of your Subscription in connection with the Software (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Software Content) and reserve all rights in any Intellectual Property Rights owned or licensed by us in the Software Content not expressly granted to you.
(Licence to you) You are granted a licence to the Software Content, for the Number of Solution Uses, and you may make a temporary electronic copy of all or part of any materials provided to you for the sole purpose of viewing them and using them for the purposes of the Software. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish those materials or any Software Content without prior written consent from us or as otherwise permitted by law.
USER DATA
You grant to us (and our Personnel) a non-exclusive, royalty free, non-transferable, worldwide and irrevocable licence to use User Data to the extent reasonably required to provide the Solution, and for our internal business purposes, including to improve the Solution and our other products and services, and including to apply machine learning and other analytics processes to the User Data, to gain commercial insights and other associated learnings, and to improve the Solution, our business and our other products and services.
We reserve the right to remove any User Data at any time, for any reason, including where we deem User Data to be inappropriate, offensive, illicit, illegal, pornographic, sexist, homophobic or racist.
You are responsible for ensuring that:
you share User Data only with intended recipients; and
all User Data is appropriate and not in contravention of these Terms.
You:
warrant that our use of User Data will not infringe any third-party Intellectual Property Rights; and
indemnify us from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of such infringement.
THIRD PARTY TERMS
If we are required to acquire goods or services supplied by a third party, you may be subject to the terms and conditions of that third party (‘Third Party Terms’).
Provided that we have notified you of such Third Party Terms and provided you with a copy of those terms, you agree to any Third Party Terms applicable to any goods or services supplied by a third party that we acquire as part of providing the Solution to you and we will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.
The Third Party Terms of current third parties we engage can be accessed via the following links:
Stripe: https://stripe.com/au/legal/ssa;
Bubble.io: https://bubble.io/terms;
Google Calendar: https://workspace.google.com/terms/service-terms;
OpenAI: https://openai.com/policies/row-terms-of-use and
Postmark: https://postmarkapp.com/terms-of-service.
THIRD PARTY SOFTWARE INTEGRATIONS
You acknowledge and agree that issues can arise when data is uploaded to software, when data is transferred between different software programs, and when different software programs are integrated together. We cannot guarantee that integration processes between the Software and other software programs will be free from errors, defects or delay.
You agree that we will not be liable for the functionality of any third party goods or services, including any third party software, or for the functionality of the Software if you integrate it with third party software, or change or augment the Software, including by making additions or changes to the Software code, and including by incorporating APIs into the Software.
If you add third party software or software code to the Software, integrate the Software with third party software, or make any other changes to the Software, including the Software code (User Software Changes), then:
you acknowledge and agree that User Software Changes can have adverse effects on the Solution, including the Software;
you will indemnify us in relation to any loss or damage that arises in connection with the User Software Changes;
we will not be liable for any failure in the Solution, to the extent such failure is caused or contributed to by a User Software Change;
we may require you to change or remove User Software Changes, at our discretion, and if we do so, you must act promptly;
we may suspend your access to the Solution until you have changed or removed User Software Change; and/or
we may change or remove any User Software Change, in our absolute discretion. We will not be liable for loss of data or any other loss or damage you may suffer in relation to our amendment to, or removal of, any User Software Change.
Except as contemplated by these Terms, a party must not, and must not permit any of its Personnel, use or disclose to any person any Confidential Information disclosed to it by the other party without the disclosing party’s prior written consent.
Each party must promptly notify the other party if it learns of any potential, actual or suspected loss, misappropriation or unauthorised access to, or disclosure or use of Confidential Information or other compromise of the security, confidentiality, or integrity of Confidential Information.
The notifying party will investigate each potential, actual or suspected breach of confidentiality and assist the other party in connection with any related investigation.
We collect personal information about you in the course of providing you with the Solution, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy which can be found at https://app.storyflow.com.au/storyflow_privacy_policy.
Our Privacy Policy contains more information about how we use, disclose and store your personal information and details how you can access and correct your personal information.
By agreeing to these Terms, you agree to our handling of personal information in accordance with our Privacy Policy.
WARRANTIES AND LIMITATIONS
(Warranties) We warrant that:
during the Subscription Period, the Software will perform substantially in accordance with the Documentation;
during the Subscription Period, the Solution will be provided as described to you in, and subject to, these Terms; and
to our knowledge, the use of the Software in accordance with these Terms will not infringe the Intellectual Property Rights of any third party.
(Errors) We will correct any errors, bugs or defects in the Software which arise during your Subscription and which are notified to us by you, unless the errors, bugs or defects:
result from the interaction of the Software with any other solution or computer hardware, software or services not approved in writing by us;
result from any misuse of the Software; or
result from the use of the Software by you other than in accordance with these Terms or the Documentation.
(Service Limitations) While we will use our best endeavours to ensure the Solution is working for its intended purpose, you acknowledge and agree that from time to time, you may encounter the following issues:
the Solution may have errors or defects;
the Solution may not be accessible at times;
messages sent through the Solution may not be delivered promptly, or delivered at all;
information you receive or supply through the Solution may not be secure or confidential; or
any information provided through the Solution may not be accurate or true.
(Exclusion) To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in these Terms are excluded.
(Consumer law) Nothing in these Terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Client may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
LIABILITY
To the maximum extent permitted by law, the total liability of each party in respect of loss or damage sustained by the other party in connection with these Terms or the Solution is limited to the total Fees paid to us by you in the 3 months preceding the date of the event giving rise to the relevant liability.
CONSEQUENTIAL LOSS
To the maximum extent permitted by law, neither party will be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with these Terms or any goods or services provided by us, except:
in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
CANCELLATION
You may cancel your Subscription by following the prompts available in the account settings within the Software.
Subject to clause 6.4, your Subscription will terminate at the end of the then current billing cycle, and you will be charged for that billing cycle (Subscription End Date).
Your licence to the Software, Hosted Services and Support Services under these Terms will last until the Subscription End Date to ensure you have an opportunity to retrieve all data you may need from the Software. On the Subscription End Date, we will have no responsibility to store or otherwise retain any data, and you release us in respect of any loss or damage which may arise out of us not retaining any data beyond that point.
Your access to the Software, Hosted Services and Support Services will be revoked on the Subscription End Date.
TERMINATION AT ANY TIME
Either party may terminate your Subscription for convenience by providing 5 Business Days’ notice to the other party.
TERMINATION FOR BREACH
Either party may cancel your Subscription immediately by written notice if there has been a Breach of these Terms.
A “Breach” of these Terms means:
a party (Notifying Party) considers the other party (or any of its Personnel or Users) is in breach of these Terms and notifies the other party;
the other party is given 5 Business Days to rectify the breach; and
the breach has not been rectified within 5 Business Days or another period agreed between the parties in writing.
EFFECT OF TERMINATION
Upon termination of this agreement:
you will no longer have access to the Software, your Account or your User Data and we will have no responsibility to store or otherwise retain any User Data (and you release us in respect of any loss or damage which may arise out of us not retaining any User Data beyond that point);
unless agreed in writing, any Subscription Fees that would otherwise have been payable after termination for the remainder of the relevant Renewal Period will remain payable and, to the maximum extent permitted by law, no Subscription Fees already paid will be refundable; and
each party must comply with all obligations that are by their nature intended to survive the end of this agreement.
A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.
A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.
Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.
We will not be liable for any delay or failure to perform its obligations under this agreement if such delay or failure arises out of a Force Majeure Event.
If a Force Majeure Event occurs, we must use reasonable endeavours to notify you of:
reasonable details of the Force Majeure Event; and
so far as is known, the probable extent to which We will be unable to perform or be delayed in performing its obligations under this agreement.
Subject to compliance with clause 15(b), our relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
For the purposes of this agreement, a ‘Force Majeure Event’ means any:
act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
strikes or other industrial action outside of the control of us;
war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of us, to the extent it affects our ability to perform our obligations.
A notice or other communication to a party under these Terms must be:
in writing and in English; and
delivered via email to the other party, to the email address specified in the Order, or if no email address is specified in the Order, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or
when replied to by the other party, whichever is earlier.
GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
INTERPRETATION
(singular and plural) words in the singular includes the plural (and vice versa);
(currency) a reference to $; or “dollar” is to Australian currency;
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word “includes” and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
Definition
means information of or provided by a party that is by its nature confidential, is designated by that party as confidential, or that the other party knows or ought to know is confidential, but does not include information which becomes public knowledge without a breach of confidentiality.
means all manuals, help files, and other documents supplied by us to you relating to the Software, whether in electronic or hardcopy form.
means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.
means tangible and intangible information, documents, reports, software (including source and object code), inventions, data, and other materials in any media whatsoever.
means, in respect of a party, its officers, employees, contractors (including subcontractors), and agents.
has the meaning given in the first paragraph of these Terms.
has the meaning given in the first paragraph of these Terms.
has the meaning set out in clause 6.1 of these Terms.
means the period of your Subscription to the Solution as agreed on the Website.
has the meaning given in the first paragraph of these Terms.
means you and any third party end user of the Software who you make the Software available to.
means any files, data, document, information or any other Materials, which is uploaded to the Software by you or any other User or which you, your Personnel or Users otherwise provide to us under or in connection with these Terms, including any Intellectual Property Rights attaching to those materials.
means the website at the URL set out in the first paragraph of these Terms, and any other website operated by us in connection with the Solution.
This document sets out the privacy policy of Storyflow Pty Ltd ABN 21 673 756 726 (referred to in this privacy policy as ‘we’, ‘us’, or ‘our’).
We take our privacy obligations seriously and we’ve created this privacy policy to explain how we store, maintain, use and disclose personal information.
By providing personal information to us, you consent to our storage, maintenance, use and disclosing of personal information in accordance with this privacy policy.
We may change this privacy policy from time to time by posting an updated copy on our website and we encourage you to check our website regularly to ensure that you are aware of our most current privacy policy.
The personal information we collect may include the following:
first name and last name;
mailing or street address;
email address;
social media information;
telephone number and other contact details;
credit card or other payment information;
information about your business or personal circumstances including (without limitation) information relating to your wedding, event or special occasion;
information in connection with client surveys, questionnaires and promotions;
your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information;
information about third parties; and
any other information provided by you to us via our website or our online presence, or otherwise required by us or provided by you.
We may collect personal information either directly from you, or from third parties, including where you:
contact us through our website;
receive goods or services from us;
submit any of our online sign up forms or questionnaires;
communicate with us via email, telephone, SMS, social applications (such as LinkedIn or Facebook) or otherwise;
interact with our website, social applications, services, content and advertising; and
invest in our business or enquire as to a potential purchase in our business.
We may also collect personal information from you when you use or access our website or our social media pages. This may be done through use of web analytics tools, ‘cookies’ or other similar tracking technologies that allow us to track and analyse your website usage. Cookies are small files that store information on your computer, mobile phone or other device and enable and allow the creator of the cookie to identify when you visit different websites. If you do not wish information to be stored as a cookie, you can disable cookies in your web browser.
We may use Google Analytics to collect and process data, including when you use third party websites or apps. To find out more see
How Google uses data when you use our partners’ sites or apps
.
We collect and use personal information for the following purposes:
to provide goods, services or information to you;
for record keeping and administrative purposes;
to provide information about you to our contractors, employees, consultants, agents or other third parties for the purpose of providing goods or services to you;
to improve and optimise our service offering and customer experience;
to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;
to send you marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing (in accordance with the Spam Act). In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link);
to send you administrative messages, reminders, notices, updates, security alerts, and other information requested by you; and
to consider an application of employment from you.
We may disclose your personal information to cloud-providers, contractors and other third parties located inside or outside of Australia. If we do so, we will take reasonable steps to ensure that any overseas recipient deals with such personal information in a manner consistent with how we deal with it.
We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measures to protect these systems. However, we cannot guarantee the security of your personal information.
Our website may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.
If you wish to request access to the personal information we hold about you, please contact us using the contact details set out below including your name and contact details. We may need to verify your identity before providing you with your personal information. In some cases, we may be unable to provide you with access to all your personal information and where this occurs, we will explain why. We will deal with all requests for access to personal information within a reasonable timeframe.
If you think that any personal information we hold about you is inaccurate, please contact us using the contact details set out below and we will take reasonable steps to ensure that it is corrected.
If you wish to complain about how we handle your personal information held by us, please contact us using the details set out below including your name and contact details. We will investigate your complaint promptly and respond to you within a reasonable timeframe.
For further information about our privacy policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:
Our privacy policy was last updated on 22 October 2024.