Terms of Use

Last updated: May 1st, 2017

Your use of the writersboon.com website  (the “Service”) owned by Birmat Consulting Pty Ltd with company number (ABN 20 163 771 784) (”We” “Our” or “Us”) is subject to: these Terms of Use (the “Agreement”); our Privacy Policy and any other terms, conditions, notices, or disclaimers displayed on the Website (“Website Terms”).

We make the Service available to you on the terms and conditions set out in this Agreement. By accessing or using the Service you are deemed to agree to only use the  Service in accordance with all the terms and conditions contained in this Agreement and agree to be bound by it. If you disagree with any part of the terms then you do not have our permission to access or use the Service. The entire Agreement applies to all visitors, users and others who wish to access or use the Service.

Changes to the Website Terms & Terms of Use

We reserve the right, at any time and at our sole discretion to amend (modify, replace) the Website Terms by publishing an updated version to the writersboon.com website. Such variation(s) will become effective immediately upon publishing or on such later date as We may specify whether or not We provide you and/or your company specific notice of any particular change. By continuing to access or use the Service, You are deemed to accept all the updated Website Terms & Terms of Use and agree to be bound by them.

Interpretation

The definitions and rules of interpretation in this clause apply to all this Agreement. 

Business Day, means any day which is not a Saturday, Sunday or public holiday in Australia.

Normal Business Hours, means 9.00 am to 5.00 pm local Melbourne, Australia time, each Business Day.

Login Details, means user name & password of each person registering with the Service.

Members, means Registered Vendors and Registered Authors with the Service.

Vendors, means Business Owners or persons listing their services and products with the Service.

Content, means information or data of any kind, whether text, graphics, videos, ratings, reviews, communications, photographs, blog posts photos or graphics, audio clips, audiovisual works or other materials.

Registration

To access some parts of the Service, We may require You to register/create an account with Us. We may require that you provide login information such as a username and password to access and utilize your account.

When you create an account with Us, you guarantee that you are above the age of 13, and that the information you provide is, at all times, accurate, complete, current and suitable.

You may not use as a username any name that is offensive, vulgar or obscene or one that is not lawfully available for use.

You are solely responsible for maintaining the confidentiality of any password or other account information not generally available to others and for the use of Your user account. As such, You will be solely responsible for any activities or actions that occur using Your registration details, even if that access is by another person. If you become aware of any breach of security or unauthorized use of your account, You must notify us immediately.

Website Use

No Unlawful, Infringing or Offensive Activity

You must not post, transmit to or via the writersboon.com website any information or content (including ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works) which breaches or encourages conduct that:

  • breaches any laws or regulations;
  • infringes a third party’s rights or privacy;
  • is offensive or contrary to any regulations or codes, including generally accepted community standards. 

You must not permit or enable another person to do any of those things.

Examples of unlawful, infringing or offensive activity includes, but it’s not limited to, content that is:

  • invasive of another’s privacy;
  • an infringement of the intellectual property rights of another party ( including, without limitation, patents, trade mark, trade names, copyright and design rights);
  • is not owned by You;
  • may encourage criminal activity;
  • contravenes laws, regulations, codes and standards;
  • disturbs or damages the Service reputation or its content;
  • false or misleading, deceptive, abusive, harassing, defamatory, offensive, humiliating, vulgar, obscene, pornographic, racist, discriminatory,profane, or otherwise objectionable;
  • otherwise breaches this Agreement.

You must not use the Service to transmit junk email, spam, chain letters or engage in mass distribution of unsolicited email.

We may withdraw or alter any material You provide Us for display on the Service at our absolute discretion, if We reasonably consider it is unlawful, infringing or offensive or in breach of this Agreement or third party rights.

No Viruses or Other Interference

You must not post or transmit to or via the Service any viruses, computer worms or any other malicious or harmful information or material.

You must not use the Service in a way which:

  • tampers with, hinders, damages, disrupts the operation of the Service;
  • makes unauthorized modifications to the Service;
  • Inhibits or disrupts any other user from using the Service;
  • violates the security of the Service or accesses any other unauthorized areas of the Service.

Website Access and Availability, Errors and Inaccuracies

We shall use commercially reasonable endeavours to make the Service available 24 hours a day, seven days a week. However, we are not liable if the Service experiences any interruptions, delays in updating information, or access difficulties, contains errors, due to reasons such as but not limited to: planned or unscheduled maintenance, unpredictable events such as Virus, power failure, to correct errors, inaccuracies, or omissions, any act of God, mechanical, electronic, communications or third party supplier failure, etc. 

We reserve the right to modify, update, discontinue, disable, terminate all or part of the Service, on a permanent or temporary basis, at any time, without notice or liability to you.

We do not guarantee the accuracy or completeness of any information found on the Service.

Reviews

The Member has the right to post reviews on any listing on writersboon.com website if the Member has agreed to the following conditions:

  • The Member has read and agrees to our Review Guidelines Policy and our FAQ sections dedicated to Reviews and Ratings
  • The Member is solely responsible for the Member review and ratings
  • We reserve the right, at our sole discretion, and without any notice, not to publish any review/rating and to remove any review/rating at our sole discretion, and without any notice after the review/rating has been published. This includes reviews that contain inappropriate content, content that does not comply with our Terms of Use Reviews Guidelines Policy and our FAQ Reviews and Ratings sections, reviews that appear to be biased or fake, or have been solicited using payments.
  • All reviews published on writersboon.com website become the property of Birmat Consulting Pty Ltd. We may reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works any part of a review for publication or broadcast in marketing material, newsletters, on social networking sites, newspapers, magazines, TV, radio or online. The member posting the reviews grant Us all rights necessary to publish or refrain from publishing the Member’s name in connection with the Member’s Content and agrees that this license cannot be terminated by the Member once Member’s Content is submitted to the writersboon.com website.
  • The review must be courteous, helpful and fair. We won’t accept reviews that contain bad language or defamatory comments, that is infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable
  • The review provides feedback on a product/service not on an individual
  • The reviews/ratings must be accurate, based on your first-hand experience, honest, truthful, and complete in all respects. We won’t accept fake reviews, bias reviews or reviews given in exchange for payment or other forms of compensation
  • The reviews must not comment on other users or the reviews of other users
  • The reviews must not have any hyperlinks to other websites
  • The reviews do not reflect the opinion or experience of Us, our managers, owners, employees, agents, designees or other users
  • The Member does not work for, own any interest in or serve on the board of directors of, any of the Vendors for which the Member submitted reviews and ratings
  • The Member is not in any way related (by blood, adoption or marriage, if the Vendor is an individual) to any of the Vendors for which the Member submitted reviews or ratings.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address.

You represent and warrant that: you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase and that the information you supply to us is true, accurate and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

Should you elect to pay by credit card then you acknowledges that you are solely responsible for any charges or fees associated with insufficient funds or any other such charge relating to the collection of payments.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or objectionable content or content in violation of any applicable law or the Terms of Use, or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Fees, Charges

All fees and charges are published on the writersboon.com website and include GST (only payable by Australian vendors) and other applicable taxes. Payment in full of fees/charges is due for the service in advance.

Upon receipt of your payment, We will immediately issue a tax invoice available for you to download at your convenience.

We can vary the fees at any time by publishing the revised ones on writersboon.com website. The changes in fees and charges will not affect the orders you have already paid for in full before we published the revised fees and charges.

Refund Policy

The writersboon.com website has a no refund policy.

You acknowledge and agree that:

  • in the event that You chose to stop your campaign(s) or delete your listing(s) while the campaign is running that there shall be no refund, pro rata payment or compensation paid to you by us
  • there shall be no refund issued if you “change your mind”, before the start of the campaign, with regards to your listings and wish to have your listing(s) or campaign(s) deleted. However, in this case where the listing(s) had not yet gone “live”, we will offer you a campaign of the same duration as the campaign you have paid for to use at any time, with any listing
  • in the event that We cancel, delete, reject your listing(s) for breach by you of any terms within this Agreement there shall be no refund, pro rata payment or compensation paid to you by us
  • in the event that we terminate the Service, after the listing(s) has gone live, there will be a pro rata refund. In the event that we terminate the Service, before the listing has gone live, we will offer you a full refund.

Termination

We reserve the right, without any liability, at any time without notice and, under our sole discretion, for any reason whatsoever, including but not limited to a breach of the Terms of this Agreement in Our reasonable opinion, to refuse service, terminate or suspend Your accounts, cancel orders, refuse to publish/post information and/or materials (in whole or in part) that are objectionable or in violation of any applicable law or the Terms of Use.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, but not limited to ownership, warranty disclaimers, indemnity and limitations of liability.

Liability

No Warranties, Representations or Liability

To the maximum extent permitted by law, in no event shall Birmat Consulting Pty Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, represent or warrant that the content on the writersboon.com website is accurate, reliable, of satisfactory quality, suitable or complete. 

The services, information, products provided by third-parties on writersboon.com website do not imply an endorsement or approval of any kind by Us for the companies listed, and we did not sample or tested in any way their service. We are not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with the use of such services, information, products or reliance on such services, information, products. The services provided by third-parties have access to writersboon.com website via the Payment Plan service.

You should make whatever investigation you deem necessary or appropriate before hiring or engaging any Vendors or buying any of the Vendors’ products.

All Content, publicly or privately provided is the sole responsability of the person providing the Content.

Although We use reasonable care and skill in operating the Service, We cannot guarantee that the Service will be continuously available or virus free.

To the extent permitted by law, We exclude all warranties and liability, such as:

  • warranties (express, implied, statutory or otherwise) relating in any way to the writersboon.com website or Your use of it; and
  • liability (including for negligence) to you or any other person/business for any loss or damage of any kind (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems or loss of data) whether arising in contract, negligence, tort, equity or otherwise from or in connection with any use of the information on or access provided through the writersboon.com website. You waive the right to bring or assert any claim against Birmat Consulting Pty Ltd in connection with any use of the information on or access provided through the writersboon.com website, and release Us from any and all liability for or relating to any content found on the writersboon.com website.

Where any statute implies any term into Your use of or any arrangement arising out of the accessing of the Service and that statute prohibits exclusion of that term, then that term is included. If and to the extent permitted by statute, however, Our liability for any breach of such term is limited to the resupply of services.

We exclude liability for any loss or damage to the extent that it is caused by You.

Birmat Consulting Pty Ltd and its directors, employees, partners, agents, suppliers, or affiliates, are not liable to you or any other person, whether in contract, negligence, tort, equity or otherwise, for:

  • any indirect, incidental, special, consequential loss, costs, expenses, including reasonable legal fees, penalties, fines, claims or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses and damages
  • any conduct or content of any third party on the Service
  • any content obtained from the Service
  • and unauthorized access, use or alteration of your transmissions or content

in connection with your access to or use of or inability to access or use the Service or breach by you of these Terms of Use, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Your Liability to Us

You are not liable to Us for any loss to the extent that it is caused by Us.

You agree to defend, fully indemnify and hold Us and our employees and representatives harmless for any loss, liability, claims, damage, costs, expenses and penalties, including legal fees and court’s costs arising from any material breach or alleged breach of this Agreement or any negligence, or any act of fraud by You or by any person using your account and password on your behalf. Birmat Consulting Pty Ltd will have sole control of the defense of any such damage or claim.

Links to Third Party Sites

The Service may contain links to third party websites or services that are not owned, controlled or endorsed by Birmat Consulting Pty Ltd. You access those sites and use the information made available at those sites, solely at Your own risk. Any information you provide to these third party sites is subject to the respective policies of those third parties sites, and not writersboon.com website policies. It is your responsibility to review such third party policies, including any relevant privacy policies.

You acknowledge and agree that Birmat Consulting Pty Ltd. assumes no responsibility or liability, directly or indirectly, for the content, the accuracy or suitability of the information, privacy policies, or practices of any third party web sites or services or for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or services available on or through any such third party web sites or services.

Security

We will do our best to take all reasonable steps to keep the information we collect from you safe from loss, misuse or disclosure. However, we cannot guarantee it.

Intellectual Property Rights

You must not do anything which breaches or interferes with Our intellectual property rights.

Copyright

All copyright and other intellectual property rights subsisting in the writersboon.com website and the material on the writersboon.com website (including, but not limited to the software, design, text and graphics, and the selection and layout of the writersboon.com website) are owned by or licensed to Us and protected by copyright under the laws of Australia and other countries.

You may not distribute, reproduce, frame, transmit (including broadcast), communicate, adapt, distribute, sell, publish, alter, modify or create derivative works from any content on the writersboon.com website except as permitted by statute or with Our written consent.

Your Content and Your Intellectual Property

This section applies if You submit, post, link, store, share, transmit, or otherwise make any material/content (information, text, graphics, videos, ratings, reviews, communications, data, photographs, audio clips, audiovisual works or other) available via the writersboon.com website.

Where You do so, you assume full and complete responsibility and liability for the content of all your advertisements (Content) submitted for publication including its legality, reliability, integrity, accuracy, quality and appropriateness both as to format and substance.

We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. Birmat Consulting Pty Ltd has the right but no obligation to screen, monitor, review, preview and edit any Content provided by users.

We have the right to review, alter or remove any of Your Content at any time, without notice, for reasons including to ensure the functionality of our services and the compliance to our policies.  

By using the writersboon.com website you agree that it is solely your responsibility to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit through the writersboon.com website.

By posting Content on or through the Service, You represent and warrant that:

  • the Content is yours (you own it) and/or you have the right to use it and
  • the posting of your Content on or through the Service does not violate any person’s right of privacy, publicity rights, copyrights, trademark, contract rights or any other rights and intellectual property rights of any person or third party entity
  • the content is not defamatory, misleading, obscene, disparaging or libelous and is not in any way contrary to any law.

We reserve the right to terminate your account if we found it constitutes copyright infringement.

By posting Content on or through the Service, You grant to Us a non-exclusive, irrevocable, perpetual, worldwide, royalty free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public Your Content for the reasonable purposes of Our business, and the right to sublicense those rights to others. You also consent to any act or omission that would otherwise infringe any of Your rights (including Your moral rights) in your Content.

You have the right to report Content that you believe violates these Terms of Use or is otherwise unlawful by Contacting Us through our form or by using the Report Inappropriate Content button.

Third Party Copyright – Illegal Downloading or File Sharing

The Copyright Act 1968 (Cth) protects materials such as computer programs.  You break the law if You download, copy, share or distribute this material, unless You are allowed to do so by the Act or You have the copyright owner’s permission. Please don’t use Our services to do any of these things, because if You do, we may have to cancel Your services and the copyright owner could take legal action against You. 

Entire agreement

This Terms of Use Agreement, and any documents referred to in it, or policies incorporated by reference to this Terms including, without limitation, the Privacy Policy, constitute the whole agreement between the parties and supersede any previous or contemporaneous arrangements, negotiations, discussions,understanding or agreements, whether written or oral, between them relating to the subject matter contained in these Terms of Use.

General

Inconsistent Terms

To the extent that any terms of this Agreement are inconsistent with any other terms displayed on individual pages of the writersboon.com website (“Other terms”), the other terms will govern to the extent of the inconsistency only.

No Waiver for Breaches

If We do not act in relation to a breach of the Website Terms by You, We do not waive any rights to act in relation to that breach or any later breach by You.

If You do not act in relation to a breach of the Website Terms by Us, You do not waive any rights to act in relation to that breach or any later breach by Us.

Unenforceable Provisions

If any provision of this Agreement or the Website Terms is invalid or unenforceable in a jurisdiction, the provision should be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability. It will not affect the validity or enforceability of that provision in another jurisdiction or the remaining provisions.

Governing Law and Jurisdiction

This Agreement, the Website Terms,any disputes or claims arising out of or in connection with it are governed by and construed in accordance with the laws in force in Victoria, Australia, without regard to its conflict of law provisions.

You and We irrevocably agree to the exclusive jurisdiction of the courts of Victoria and waive, without limitation, any claim or objection based on absence of jurisdiction or inconvenient forum

Affiliate Disclosure

The owner of www.writersboon.com may receive compensation for recommendations made in reference to the products or services on this website.

This compensation may be in the form of money, services or complimentary products and could exist without any action from a website visitor. Should you purchase a product or service that was recommended by www.writersboon.com, it is understood that some form of compensation might be made to the www.writersboon.com owner. For example, if you click on an affiliate link at www.writersboon.com and then make a purchase of the recommended product or service,www.writersboon.com owner may receive compensation.

This Affiliate Disclosure has been provided for your protection and to fully disclose any relationship between www.writersboon.com product or service recommendations and the owners of those product or services.