Please read the following terms and conditions relating to the Writers’ Resource Centre membership. By completing and submitting the Registration details on the www.writersworld.com.au site, the member acknowledges that he or she has read, understood and agrees to be bound by these Terms and Conditions.
Definitions
"WRC" means The Writers’ Resource Centre of Melbourne, Australia;
“Member” means the party detailed on the registration for membership as submitted to WRC (includes paying and non-paying members).
"Intellectual Property Rights" means copyright, trademark, design, and patent, software rights or any other rights.
“Contributions” means any contribution by a member to the Site or the Writers' Resource Network, including without limitation, all written work, articles, reports, research, databases, software, plans, drawings, designs and logos.
Interpretation
Words in the singular include the plural and vice versa;Words importing a gender include any other gender;A reference to a person includes bodies corporate and unincorporated associations and partnerships;Monetary references are references to Australian currency unless specified as another currency.
1. Term of Agreement
Commencement:This agreement shall commence on the acceptance by WRC of the Member's application. Acceptance shall be deemed to have occurred when WRC issues a welcome email entitled “New Member Details” to the applying member.
Variation:
WRC has the right to change or discontinue any feature of the membership benefits or WRC website, including content, hours of availability and equipment required for access. WRC may vary prices by giving not less than 30 day's notice to the Member. Such notice shall be displayed on the WRC membership options web page.
Usage:
A member of WRC may use the site and the Writers' Resource Network and take advantage of discounts for their sole, personal use only. The member may not authorise others to use their membership, and they may not in any way transfer or assign their membership to any other person or entity.
The member:
- is solely and entirely responsible for any content or information the member posts on the Site or the Writers' Resource Network, or any content or information they transmit or otherwise communicate to other WRC members;
- agrees they will not post on the Site or the Writers' Resource Network, or transmit or otherwise communicate to other WRC members or WRC employees, any defamatory, inaccurate, harassing, threatening, racist, abusive, obscene, profane, illegal or offensive sexually-oriented material, or any material that violates or infringes another party's rights (including, but not limited to, rights of privacy and publicity, and intellectual property rights);
- agrees to use the Service/s in a manner consistent with any and all applicable laws and regulations;
- agrees not to include on their personal WRC page any telephone numbers, residential addresses, or email addresses.
- agrees not to include offensive sexual references, or offensive sexually suggestive language, or offensive anatomical references, and will not post any photos containing nudity, lewd or obscene behaviour or personal information;
- agrees not to transmit any chain letters or circular (junk) email to other WRC members;
- agrees not to post, distribute or reproduce or communicate in any way any copyrighted material, trademarks, or other proprietary information without obtaining full, valid and verifiable prior consent of the owner of such proprietary rights;
- agrees that they are solely responsible for their interactions with other WRC members. WRC reserves the right, but has no obligation, to monitor disputes between members;
- agrees not to disrupt, modify or interfere with the Service/s or its associated software, hardware and servers in any way, and not to impede or interfere with the other users of the Service/s. The member also agrees not to alter or tamper with any information or materials on, or associated with, the Service/s.
WRC reserves the right, but is under no obligation, to reject any personal page or photograph that does not comply with these Terms.
Online Content
- All information or other content, including, but not limited to, opinions, offers, statements and advice, made available through the Service are those of their respective authors and not of WRC, and should not necessarily be relied upon.
- WRC does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements of any information or other content on the Site and does not in any way guarantee the accuracy, reliability, usefulness or completeness thereof.
- Under no circumstances will WRC be responsible for any damage or loss arising or resulting from anyone's reliance on information or other content shown on the Site or the Writers' Resource Network, failure to comply with these Terms or transmitted or otherwise communicated to WRC members.
Warning: it remains possible:
- that some WRC members or "hackers" may post, transmit or otherwise communicate offensive, obscene or inappropriate materials on the Site or the Writers' Resource Network and that members may involuntarily be exposed to such materials.
- for others to obtain some personal information about a member through a member’s use of the Service/s, and that the recipient may use any such information to harass or injure the member. WRC is not responsible for the use of any personal information that a member may choose to disclose on the Site or the Writers' Resource Network
– a member does so entirely at their own risk. WRC will not itself use members’ personal information except in accordance with our published site use/Privacy Policy.
WRC reserves the right, but has no obligation, to monitor any materials posted in the public areas of the Site and the Writers' Resource Network. WRC retains the right to remove any such material that violates, or is alleged to violate, the law, or this Agreement Notwithstanding this right of WRC, the member remains solely responsible for the content of the materials they post to the Site and the Writers' Resource Network including in the public areas of the Site and the Writers' Resource Network and in their private message and email correspondence.
Termination:
Termination by the Member
This agreement shall be deemed terminated by the Member if WRC does not receive payment in advance (if membership is a paid membership) or by the date detailed on the tax invoice provided to the member (or within 30days of joining).In other circumstances the member may terminate this agreement by giving notice in writing to WRC. Termination will take effect on acknowledgment of receipt by WRC of such notice. The notice of termination, which must include Member Name, password and authorised signature,may be sent by facsimile, post or hand delivery.
Termination by WRC
WRC may terminate this agreement immediately without notice should the Customer be in breach of this agreement.
2. Charges and Terms of Payment
All charges are payable in advance. Current charges are displayed on the WRC's membership options page.
WRC has two categories of charges -
1.Membership Charges (Member and Premium memberships only)
2.Chargeable Items
Membership Charges
Memberships are available for periods of 12 months,and are payable only in advance.The member acknowledges and agrees that no refunds will be made of membership charges in respect of memberships entered into or renewed after 01 January 2008 unless agreed to in writing by WRC.
The Customer further acknowledges and agrees that once a membership period starts it cannot be suspended for any reason whatsoever unless agreed to in writing by WRC.If and when WRC agrees in writing to a refund of membership charges, it will be given on the following conditions:
1.The refund amount will be pro rated based on the number of whole months remaining on the subscription period less any chargeable item usage if a membership is being cancelled.
2.A 10% administration fee based on the total original membership will be deducted.
3.No refund will be given if 1 (one) month or less remains on the subscription."Date of termination" is the date WRC receives notice of termination by the member.
Security
WRC protects your credit card details with 128-bit encryption and will take reasonable precautions to protect the security of card details but does not accept any responsibility for any loss you may suffer by providing your credit card details over the Internet.
Chargeable Items
A Customer need not be a paying member to access chargeable items, however there may be a different pricing structure for access to Chargeable Items.A Customer will be provided a tax invoice for all Chargeable Items and WRC reserves the right to withhold the supply of goods and services until funds are cleared. In the case of cheques, this will be on clearance by the bank, and in the case of credit cards, on authorisation of credit card payments.Refunds are given within 30 days, provided the item is returned to the WRC and is undamaged.
GST
All prices quoted for WRC membership services and for WRC Chargeable Items are GST inclusive.
3. Data and products
Data and products included in the WRC product may be obtained from external suppliers. Discounts may be offered by external suppliers. WRC is not responsible for or liable with regards to products or data provided by third parties. WRC will not be liable to Members or third parties for the failure of any of the suppliers to provide product, service, or information included in the WRC product.
4. Minimum System Requirements
The WRC internet site takes advantage of current internet technology and requires a modern browser. Most features will work on older or non-Windows systems and older or non-Microsoft browsers, however we cannot guarantee this to be the case. It is the responsibility of the Member to meet the minimum Operating System and Browser requirements.
5. Speed of Transmission
WRC has no control over the speed of transmission of data where the Internet is used for access.
6. Interruption of Service
WRC will use its best efforts to provide access on a 24-hour basis. However there may be an interruption to the service to facilitate reasonable maintenance by WRC and/or our approved web site service provider(s).WRC will not be liable to Members or third parties for interruptions to the service beyond its control including but not limited to: problems with the Member’s telecommunications services; problems with the Member’s Information ServiceProviders; or problems with the Member’s own Hardware or Software or configuration therein.
7. Liability
Use of the WRC product shall be at the Member’s own risk. WRC is not responsible for any adverse consequences arising out of the use of the WRC product.WRC believes that all information contained in the WRC product is accurate and reliable. However no warranty or guarantee of accuracy, currency, completeness or reliability as to such information is given to the Member or to any third party.
8. Intellectual Property and Copyright
The Member acknowledges that all copyright and other intellectual property rights of whatever nature, will remain vested in WRC. This excludes the copyright and other intellectual property rights of whatever nature that belong to the suppliers of raw data as specified within the WRC product. This also excludes the copyright and intellectual property rights that belong to individual members.The member grants to WRC a non-exclusive, royalty free, irrevocable licence to use, copy, modify, adapt and develop the Contributions throughout the world. This means, for example, that WRC can edit a member’s contributions.
The member warrants that:
- the Contributions are original works;
- the member has all rights necessary to grant the licence in above; and
- the Contributions do not, and the use of them by WRC will not, infringe the Intellectual Property Rights or breach the contractual rights of any person; and
- the Contributions are not defamatory or in contravention of commonwealth or state consumer protection legislation, including without limitation, the Trade Practices Act 1974 (Cth).
All information supplied by WRC is subject to copyright.Some data may be supplied to WRC by third parties and is acknowledged within the WRC Product and is subject to copyright. This includes data supplied by individual members.
9. Password Security
The Member:
Is totally responsible for the use of any password that has been authorised by WRC and for retaining its security;S
hall be responsible for any use whatsoever of the password whether authorised or not by the Member;and
Agrees not to reveal any password to any other person not included under the membership agreement.
10. Use of Information
Except for making one printed copy of any materials, files or documents available from, accessible through or published by WRC for your personal use (or downloading for the same limited purpose), these may not be reproduced, republished, broadcast or otherwise distributed without prior written permission of WRC. All rights are reserved.
11. Indemnification
The member agrees to defend, indemnify, and hold harmless WRC, its employees, agents, representatives, officers, directors and third parties, for any losses, costs, liabilities, damages to or actions and /or claims against WRC and expenses (including legal fees) relating to or arising out of their use of the Service, including any breach by the member of the terms of this Agreement.
12. Governing Law
This agreement will be governed by and construed according to the laws of Victoria Australia.
13. Disputes
Any dispute arising in connection with this agreement which cannot be settled by negotiation between WRC and the Member shall be submitted to arbitration in accordance with the rules for the Conduct of Commercial Arbitrations for the time being of theInstitute of Arbitrators Australia. During such arbitration, both parties may be legally represented.
14. Entire Agreement
This agreement constitutes the entire agreement between WRC and the Member and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.