Pre Written Entertainment Digital Content
Pre Written Entertainment Digital Content
These are the terms of service (“Terms”) for Pre-Written Entertainment Articles (“us/we/our”) which apply to all use of our Pre-Written Entertainment virtual products and services (“Service”).
We reserve the right to amend these Terms from time to time and will post a message on our homepage along with the new version of the Terms if that happens. Your continued use of the Service will be deemed to be acceptance of any new Terms.
Pre-Written Entertainment Content Store is an authorized business operating as a sole trader in Australia. Our ABN (or Australian Business Number) is 16 854 622 911, and our registered office is in Sydney, Australia.
If you register to create an account (“Account”) with us online, we will send you an email to confirm whether your application is accepted. Our contract with you (“Contract”) is formed when we send this email and is comprised of:
If you get in touch with us by email to request our Service, we will send you an email to confirm whether your request is accepted and will provide you with a copy of these Terms. Our Contract with you is formed when you accept these Terms and is comprised of:
Please note we reserve the right at our discretion to reject applications to use our Service.
The Contract will run on either a monthly or annual subscription basis (as set out in the Registration Page or Registration Confirmation) unless you have registered on a free trial basis, in which case the Contract is for the fixed period of the trial.
If your Contract is on a free trial basis, it will not automatically renew.
For month to month Contracts, the initial subscription term is one month. Your Contract will automatically renew for successive periods of one month after the initial subscription term, unless you cancel the Contract before the end of this period (or before the end of the current renewal period).
For annual Contracts, the initial subscription term is one year. Your Contract will automatically renew for successive periods of one year, unless you cancel the Contract before the end of the initial subscription term (or before the end of the current renewal period).
You can choose to stop the Service at any time by cancelling your Contract through your user account options, in which case your contract will expire at the end of the initial subscription term or current renewal period (as applicable). No further subscription fees will be charged, but we shall not be obliged to refund any fees paid.
We shall be entitled to terminate the Contract at any time if you are in material breach of the Contract (e.g. fail to pay subscription fees) and either you fail to remedy the breach within the timescale we request or the breach is not capable of being remedied. We shall also be entitled to terminate the Contract if you become insolvent. Where we terminate the Contract due to your breach or insolvency, we shall not be obliged to refund any subscription fees you may have paid us.
These rights of termination will also apply to you against us. Where you terminate the Contract due to our insolvency or our material breach of the Contract (where we have not remedied the breach within 30 days of your written notification to do so, or the breach is not capable of being remedied), then you shall be entitled to a refund of any fees paid for services which have not been performed.
Once the contract is formed, and subject to you and all users you have authorised to access your Account (“Authorised Users”) complying with these Terms, you will be entitled to use, and permit Authorised Users to use, the Services via your Account solely for collecting, organising, managing and collaborating on content for a specific project or projects. You are responsible for your Authorised Users use of the Service.
You must advise us of the identities of Your Authorised Users, who will then require to register with us in order to access and use your Account. Your Contract may allow you to operate more than one project within your Account and in that event your Authorised Users will require to register on a project by project basis as appropriate.
Authorised Users use of the Services will be subject to these Terms. Each Authorised User shall keep a secure password for his use of the Services via your Account. You must only allow the permitted number of Authorised Users to access your Account to use the Services. If you discover any unauthorised use of the Service you must promptly let us know.
You must keep your password and account details secure and ensure that only you and Authorised Users access your Account.
You and your Authorised Users shall not store or transmit any computer virus, or any material during the use of the Services that:
and we reserve the right, without liability to you, to disable your access to any material that breaches this provision.
You are responsible for complying with the laws of the country from where you use the Service and to ensure you have all necessary permission and consents in place in relation to your use of the Service.
If you have a Larger Account, you may choose to provide us with approved purchase order information instead, in which case you must ensure that we have valid, up-to-date and complete contact and billing details for the duration of your Contract. We will invoice you on or after the first day of the initial subscription term, and thereafter on or after the first day of each subsequent renewal period, and you shall pay each invoice issued by us within 14 days of the date of such invoice.
Payment by credit card (or similar card) will be processed via a trusted third party payment provider. Where your card payment is not successful, or where you have failed to make payment of our invoice on the due date for payment, we will contact you and suspend access to your Account until payment has been made.
We shall be entitled to increase our subscription fees upon 14 days prior notice to you, but not more than once during any 12 month period during the Contract.
Please note that you are not entitled to a refund of subscription fees paid to us unless you terminate the Contract because of our material breach or insolvency in accordance with the ‘Our contract with you’ section above.
We will comply with our Privacy Policy in relation to the use of Your Data and will follow our archiving procedures for Your Data.
In the event of any loss or damage to Your Data, your sole and exclusive remedy shall be for us to use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up under our archiving procedure. We shall not be responsible for any loss, damage or disclosure of Your Data caused by any third party.
Where the Contract has expired or the Contract has been terminated by either of us, you may request a copy of Your Data from us within 12 months of the expiry or termination date (as applicable). After that period, we will delete your Account, including invoice details, and all Your Data. It is your responsibility to either export and/or copy Your Data prior to the expiry or termination date, or request a copy from us within 12 months days of such date.
The scope, nature and purpose of processing by us is the provision of our Service. The type of personal data will be set out in any data you upload using the Service and the categories of data subjects are any individuals that may be referred to within such data. The duration of the processing is that of our retention period, which is a maximum of 12 months from expiry or termination of your Account.
You must ensure that you have all necessary consents and notices in place to enable lawful transfer of any personal data to us for the duration and purposes of this Contract.
We shall, in relation to any personal data processed in connection with the performance by us of our obligations under this Contract:
We confirm that we have entered, or will enter (as the case may be), a written agreement with any such third-party processor incorporating terms which are substantially similar to those set out in this section.
We shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for planned or unplanned maintenance. We will try and ensure all maintenance is not carried out during office hours.
We will endeavour to respond to all customer support queries within 48 hours, and you may purchase enhanced support services separately at our then-current rates.
You are solely responsible for procuring and maintaining your network connections and telecommunications links from your systems to our data centres. We are not liable for any delays, delivery failures and any other loss or damage arising from or relating to your network connections or telecommunications links or caused by the internet.
The Pre-Written Entertainment Articles Service is our proprietary service, and all intellectual property rights in it are owned by or validly licensed to us.
Software and related documentation provided in relation to the Service is only provided in relation to your use of the Service and are not provided, or to be used, for any other purpose. Except where this is part of your legitimate use of the Service, you are not permitted to copy, modify, republish, download, display or distribute all or any part of such software or documentation in any form or media or by any means. Nor are you permitted to reverse compile, disassemble, or reverse engineer such software or make use of such software or documentation to build a product or service which competes with our Service.
This section sets out our entire liability to you in respect of any breach of contract or any use made by you of the Service.
The Service is provided on an ‘as is basis and we do not guarantee that the Service will be suitable for your intended use. However, nothing in these Terms seeks to exclude our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.
Subject to the paragraph above, we exclude all other liability to the extent permitted by law, and we shall not be liable for any loss of business, loss of profit, loss or corruption of data or for any indirect or consequential loss. Except for liabilities we have expressly not excluded, our total aggregate liability arising under the Contract or otherwise relating to the Service shall be limited to the total of subscription fees paid by you in the one month period preceding the date on which the claim arose, or where you have paid for a block period in advance, the average monthly charge for that period.
We shall have no liability to you under the Contract if we are prevented from or delayed in performing our obligations under the Contract or from carrying on our business by acts or events beyond our reasonable control.
If we choose to waive any particular right we have under the Contract on any particular occasion, this does not prevent us from exercising that right on another occasion.
If any part of the Contract is held by a court of law (or similar forum) to be invalid or unenforceable, this shall not affect the validity or enforceability of the rest of the Contract.
You are not entitled to transfer or assign your rights and obligations under the Contract to anyone else without our prior written permission.
If there are any disputes arising out of your use of the Service or relating to the Contract, then these will be governed by the laws of Australia. If either party require to raise court proceedings in relation to any such dispute, then these proceedings must be raised in Australia.
If you have any concerns about material which appears on our site, please contact info@pre-written-entertainmentcontent.store
If you wish to contact us in writing or a provision of these Terms requires you to give us a notice in writing (for example, to cancel the Contract), please do so by email at info@pre-written-entertainmentcontent.store If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address details provided by you when setting up, or updating, your Account.
If you have any questions regarding our Terms & Conditions, please let us know.