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WEBSITE TERMS AND CONDITIONS

1. ABOUT THE WEBSITE

Thank you for using our website located at (‘Website').
The Website is a platform that provides people with a safe and enjoyable place to write and publish autobiographies, biographies and books (our ‘Services’). The Website operates as a digital platform to document and share life stories that create a lasting legacy for future generations.
The Website is operated by Acoustic and Computing Solutions Pty Ltd (ACN 085 477 550) trading as Iogra (‘Iogra’). Iogra provides you access to and use of the Website and our Services.
Please read these terms and conditions (‘Terms') carefully. In using this Website and our Services, you agree to be bound by the Terms. If you do not accept the Terms, you must refrain from using the Website, or any of the Services, immediately.
Please also review our Privacy Policy which is incorporated into and made a part of these Terms.
Iogra may amend any of the Terms at any time, and by continuing to use the Website, you accept the Terms as they apply from time to time.
Any reference to “Iogra”, “we”, “our”, or “us” means Iogra. Any reference to “you, or “your” means you as a user of our Website (‘User’).

2. ACCESS TO WEBSITE AND SERVICES

Users warrant as a condition of their use of and access to our Website and Services that they are authorised to enter a legally binding contract if they are using the Services on behalf of another person or entity.
You must not access and use the Website and Services if:
a) you are not of legal age to form a binding contract with Iogra; or
b) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.

3. REGISTRATION AND ACCEPTANCE OF TERMS TO USE THE WEBSITE AND SERVICES

To access the Services, you must first register for an account through the Website (‘Member Account’). By registering for a Member Account, you will be required to accept these Terms, our Disclaimer and our Privacy Policy by clicking the “register” button in the user interface as a condition of joining as a User. By clicking the “register” button you agree to all the terms and conditions of the Terms, our Disclaimer and Privacy Policy published on this Website which gives notice to you through our User interface as follows:
By Registering, you agree that you've read and accepted our Website Terms and Conditions, our Disclaimer and you consent to our Privacy Policy.
As part of the registration process for our Services, you must provide current, complete and accurate identification, and other information required during the registration process including but not limited to:
a) name;
b) address;
c) phone number;
d) a valid email address;
e) user name and password (“Login Details”);
f) other information as applicable to set up and administer your Member Account to access the Services.
(“Member Data”).
By visiting, registering for, or using the Website, you agree that Iogra may send direct communications to the email addresses and devices that you make available.
If Member Data changes, you must promptly update your Member Data to reflect those changes.
As a User of the Website, you agree that:
a) a Member Data is personal to a User;
b) you are responsible for all users that access the Services through your Member Account;
c) you are solely responsible for maintaining the confidentiality of your Member Account and the secrecy of your Login Details;
d) you must not authorise or permit anyone else to access your Member Data by using the Login Details;
e) if your Member Data has been compromised in any way, you must contact Iogra immediately;
f) your access to and use of the Website is non-transferable except as permitted by these Terms;
g) you will use the Website only for the purposes permitted by these Terms; and
h) you will abide by any applicable laws, regulations or generally accepted practices or guidelines related to the Services in the relevant jurisdictions.

4. OUR SERVICES

Our Services are currently offered free of charge. Anyone can sign up, upload content and publish autobiographies or biographies with the default templates that we provide.
When made available on our Website, Members can subscribe to a premium service to access:
a) our online bookstore to sell their works, and
b) customised templates and other features made available through our paid premium services.
Iogra reserves the right to add, modify, or remove any or all features from any Services that Iogra provides, at any time, with or without notice.

5. YOUR CONTENT RESPONSIBILTY AND INTELLECTUAL PROPERTY

“Your Content” means any content, materials, works, postings, data, photos, videos, sounds, messages sent, submitted, uploaded, posted, placed on, made or otherwise communicated to, from or using the Website.
You agree that you are entirely responsible for Your Content. You represent and warrant to Iogra that you own or otherwise have the right to use and publish Your Content.
To protect our Users and ensure that Users have a positive experience using our Website, we reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any of Your Content on the Website for any reason, to suspend or terminate Users, where Your Content, in our sole discretion, violates these Terms, including our Privacy Policy or that we otherwise find objectionable.
The views expressed in Your Content are the views of users and not those of us. We are not responsible for and disclaim all liability in respect of any of Your Content. We encourage you to notify us of any inappropriate or illegal content on our Website.
We respect the rights of others and we encourage you to do the same. You agree that you will not post on the Website, post to or transmit from the Services (including posting to social media) any material, nor use the Services in a way that:
a) gives rise to civil or criminal liability;
b) is deceptive or misleading;
c) defames, harasses, bullies or intimidates any person; or
d) violates or infringes someone else’s rights of publicity, privacy, or intellectual property right.
By agreeing to these Terms, you undertake to Iogra to comply with these Terms and all applicable laws, regulations and codes of practice (including, in particular, intellectual property, privacy, data protection, confidentiality and defamation laws) (together ‘Applicable Standards’).
Iogra shall not be responsible, or liable to any third-party for Your Content. Iogra has the right to remove Your Content from the Website if, in its opinion, Your Content does not comply with the Applicable Standards.
You must evaluate, and bear all risks associated with the publication of Your Content. You are responsible for ensuring that Your Content does not infringe any of the Applicable Standards. You must ensure that you own the intellectual property rights in Your Content or that you are authorised to use the intellectual property rights.
In no circumstances will Iogra be liable in any way for Your Content or for any loss or damage of any kind incurred as a result of Your Content being made available through the Services or failing to comply with Applicable Standards. If there is any dispute between you and any third-party in relation to Your Content, Iogra is under no obligation to either you or that third-party to become involved in that dispute unless required by law to do so.
You agree that while Iogra is under no obligation to pre-screen, approve or validate Your Content, Iogra has the right (but not the obligation) in its sole discretion to refuse, delete or remove any of Your Content that is available via the Services for any reasonable reason including non-compliance with or contravention of the Applicable Standards.
Iogra does not own Your Content. Iogra acknowledges that all intellectual property rights subsisting in Your Content are and shall remain your (or your licensor(s)) property. You grant to Iogra a non-exclusive, irrevocable, fully-paid, royalty-free licence to make Your Content available on the Website for the provision of the Services and the right to reproduce, distribute, transmit and display Your Content on your behalf so that Iogra can fulfil its purposes under these Terms.
You agree that Iogra can make such changes to Your Content as Iogra deems necessary to conform and adapt Your Content to meet Applicable Standards or the technical requirements of the Website or Services.

6. GENERAL OBLIGATIONS OF ALL USERS

As a User, you agree that:
a) you will use the Services only for purposes permitted by the Terms and you will abide by any applicable law, regulation or generally accepted practices or guidelines regulating the Services in the relevant jurisdictions;
b) you must not use the Services or Website in connection with any other commercial enterprise without the prior written approval of Iogra;
c) you must not use the Services or Website for any illegal or unauthorised purpose which includes collecting email addresses of other Users by electronic or other means for sending unsolicited email or unauthorised framing or linking to the Website;
d) commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in immediate termination of your access to the Website;
e) you may not have more than one (1) active Member Account. Iogra reserves the right to merge multiple accounts or to suspend or terminate your Member Data and your access to the Website if you create more than one (1) Member Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, out-of-date or incomplete;
f) you must not send or post unauthorised communications such as spam or advertising on the Website;
g) you must not upload viruses or other malicious code on the Website;
h) you must not expressly or impliedly impersonate another User or use another User’s Member Account or Login Details;
i) you must not post content (if access is available) that is hateful, threatening, defamatory, contains mature content or is otherwise inappropriate;
j) you expressly agree that we may remove, disable or restrict access to, or availability of, any material from this Website, including but not limited to, Your Content, which we believe, in good faith and in our sole discretion, violates the terms of this Agreement.

7. COPYRIGHT AND INTELLECTUAL PROPERTY

In these Terms:
“Intellectual Property (Rights)” means all intellectual property rights, including copyright, patents, trade marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.
“Works” means any material made available or published on the Website, including (without limitation) written texts, documents, articles, news, newsletters, posts, commentaries, surveys, data, photographs, pictures, graphic works, video, or images.
Users acknowledge that ownership of the Intellectual Property Rights relating to the Website or our Services is the property of, licensed by or vest on creation in Iogra.
The Works on the Website or generated by or related to any of our Services (“Copyright Material”) are subject to copyright and owned by the copyright owner. The Copyright Material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Copyright Material and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us. Data procured from a third-party may be the subject of copyright owned by that third-party.
The Website and the Copyright Material or any part of it (including, without limitation, any content or images) may not be copied, reproduced, adapted, publicly displayed, duplicated, translated or distributed in any way (including mirroring) to any other device, server, site or other medium for publication or distribution, without our express prior written consent or the consent of the copyright owner.
Users must not in relation to the Works engage in any unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication.
All Intellectual Property including any trade marks, service marks, trade names and any other proprietary designations are owned, registered or licensed by us. Any other trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties. Iogra and all associated trade marks on the Website are our trade marks or any related entities. User must not use our trade marks.
The obligations accepted by Users under this clause survive termination or expiry of these Terms.

8. LIMITED LICENCE

Original material that we post on this Website is protected by intellectual property laws. Iogra grants User:
a) a limited, non-exclusive, non-transferable, non-sublicensable and revocable license (“License”) to access the Website, and
b) a limited, non-exclusive, non-transferable, non-sublicensable and revocable License to access the Services to interact with and use our Services solely in connection with User rights under these Terms.
These Terms do not constitute a sale or transfer of any of Iogra’s Copyright Material and User must not use, post or upload the Copyright Material or any version of it on any application that enables other people to create and share content or participate in social networking on the Internet.
This Licence may be terminated at any time in our sole discretion if User uses the Website or the Services except as permitted by these Terms.

9. TERMINATION

Iogra may suspend or terminate these Terms without notice to User if:
a) User has breached any provision of the Terms;
b) Iogra believes that User is making unauthorised or improper use of the Services;
c) Iogra is required to do so by law;
d) the provision of the Services to User by Iogra is, in the opinion of Iogra, no longer commercially viable.
Iogra reserves the right to cancel a dormant Member Account and delete Member Data and Your Content if User has not logged into Member Account within a six-month period.

10. WARRANTIES AND REPRESENTATIONS

No warranty of any kind whether express or implied is made in relation to any products or services made available or offered for sale on this Website or the accuracy or completeness of any content published on the Website.
Iogra does not warrant the products or services of any third-party providers (for example, website hosting, data security, or website uptime).
Iogra does not warrant that the Services will be performed error-free, uninterrupted or free of bugs or viruses.
Iogra excludes from these Terms all other warranties, conditions and terms implied by law except for any, the exclusion of which would contravene any law.
User represents and warrants that User:
a) is legally permitted to use and access the Services;
b) takes full responsibility for the selection and use of User’s access to the Services;
User represents and warrants that User:
c) is solely responsible for the accuracy and completeness of Member Data;
d) is solely responsible for creating backups of Member Data and Your Content; and
e) in relation to Member Data and Your Content, that User owns it or is licensed to use the Intellectual Property Rights in it and that the use of the Member Data and Your Content will not result in the infringement of any of the proprietary rights of third-parties.
User warrants that the Member Data is not in contravention of any legislation or any advertising or marketing laws or any other third-party rights.
This clause survives the termination or expiry of these Terms for whatever reason.

11. GENERAL DISCLAIMER

You acknowledge that Iogra does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Services other than pursuant to these Terms.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
b) Iogra will not be liable for any direct, indirect, special or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of the Website and the Services is at User’s own risk. Everything on the Website and the Services is provided to User on an "as is" and "as available" basis, without warranty or condition of any kind, except as otherwise expressly provided in these Terms.
None of the affiliates, directors, officers, employees, agents, contributors, third-party content providers or licensors of Iogra (including any third-party providers) make any express or implied representation or warranty about the Services. This includes (but is not restricted to) loss or damage User might suffer as a result of any of the following:
a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;
b) the accuracy, suitability or currency of any information or content on the Website and the Services;
c) costs incurred because of User using the Website and the Services;
d) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
e) any defamatory, threatening, offensive or unlawful conduct or publication of any materials relating to or constituting such conduct.

12. LIMITATION OF LIABILILITY

To the extent permissible at law, Iogra is not liable for any direct, indirect, punitive, incidental, special, consequential damages including without limitation any claims, losses, liability, loss of data, loss of profits, revenue, business or goodwill arising out of or in any way connected with the provision of or failure to provide any products or services under these Terms.
Except as provided in these Terms, Iogra exclude all representations and warranties relating to the subject matter of these Terms, our Website and the supply of our Services.
Iogra’s Services are provided “as is” and specific results cannot be guaranteed. It is User sole responsibility to determine that the Services or any part of these meet User’s needs or are otherwise suitable for the purposes for which they are used.
These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible Iogra limits its liability as follows, at our option:
a) for any claims relating to these Terms, to the fees payable under this agreement (if applicable) for the preceding one (1) month;
b) in the case of products including any digital products (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products; or (d) the payment of having the products repaired; or
c) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
This limitation applies to any supply under or related to these Terms including the supply of the Services and covers loss of data, any viruses or other disabling features that affect User access to or use of our Services, incompatibility between our Services and User hardware or software, delays or failures User may have in using the Services including any connections or transmissions that fail or are not completed in an accurate or timely manner.
This clause survives the termination or expiry of this agreement for whatever reason.

13. INDEMNITY

User agrees to defend, indemnify and hold Iogra, our affiliates, employees, agents, contributors, third-party content providers and licensors harmless from and against all actions, suits, claims, demands, liabilities, costs, expenses, losses and damage (including legal fees on a full indemnity basis) brought against or sustained by Iogra, which is directly or indirectly caused by User’s breach of these Terms.
Except as required by law, Iogra will not be liable for any claim, loss or liability for personal injury, death or damage to User or its property however it may be caused.
Iogra reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by User, and in such case, User agree to cooperate with our defence of such claim.
In no event will Iogra be liable to User for any indirect, incidental or consequential damages including, without limitation, direct, indirect, special, punitive, or exemplary damages.

14. DISPUTES

Compulsory process. A party must not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a dispute arising out of these Terms (‘Dispute’) unless it has complied with this clause.
Notification. A party claiming that a Dispute has arisen shall notify each other party to the Dispute giving details of the Dispute.
Initial period – efforts to resolve Dispute. During the 30-day period after a notice is given (or longer period agreed in writing by the parties to the Dispute) (‘Initial Period’) each party to the Dispute (‘Disputant’) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute.
Mediation. If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to:
a) a mediator agreed on by the Disputants; or
b) if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the parties must submit the dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation.
Role of mediator. The role of any mediator is to assist in negotiating a resolution of the Dispute. A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing.
Information. Any information or documentation disclosed by a Disputant under this clause shall be kept confidential and may not be used except to attempt to resolve the Dispute.
Costs of mediation. Each Disputant shall pay its own costs of complying with this clause. The Disputants shall pay equally the costs of any mediator engaged.
Location, timing and attendance. The mediation will be held in Canberra, Australia, within 30 days after expiry of the Initial Period. Each Disputant agrees to attend the mediation by a representative having full authority to resolve the dispute. At the mediation each Disputant may be represented by one or more legal representative.
Failure to resolve. If the dispute fails to resolve at mediation or if one of the Disputants fails or refuses to attend the mediation, the mediator will be requested to inform each Disputant in writing that the mediation has been terminated without resolution (‘Mediation Termination Notice’). Upon receipt of Mediation Termination Notice, the dispute resolution process will be terminated. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, after receipt of Mediation Termination Notice.
Confidentiality. All communications concerning negotiations made by the Disputants arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence.

15. PRIVACY

In these Terms, personal information has the meaning as defined in the Privacy Laws. Privacy Laws means the Privacy Act 1988 (Cth). Please refer to our ‘Privacy Policy’ which is made a part of these Terms.

16. ADVERTISING AND LINKS

The Website may contain links and other pointers to other websites or applications operated by third-parties. Iogra does not control these linked websites and is not responsible for the contents of any linked application. The links are provided solely for User convenience and do not indicate, expressly or impliedly, any endorsement by us of the site or the products or services provided at those websites. User’s access to any such advertisement or link is entirely at User’s own risk. User should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services.

17. NO WAIVER

Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

18. ASSIGNMENT

User agrees that Iogra may assign, transfer, sub-licence or otherwise deal with our rights and/or obligations under these Terms.
User may not without our prior written consent assign, transfer, sub-licence or otherwise deal with any of User rights and obligations under these Terms.

19. ENTIRE AGREEMENT

Unless otherwise stated, these Terms and any other relevant agreement(s) signed by Iogra and User shall constitute the entire agreement between User and us in relation to User’s use of the Website and our Services.

20. SEVERABILITY

If any part of provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of the provision otherwise it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

21. LAW AND JURISDICTION

The Terms and information on this Website are governed by and construed in accordance with the laws of the Australian Capital Territory (ACT). User submits to the non-exclusive jurisdiction of the Courts of the ACT and Courts of Appeal from them for determining any dispute concerning these Terms.

22. FORCE MAJEURE

Notwithstanding any other provision of these Terms, Iogra need not act if it is impossible to act due to force majeure, meaning any cause beyond our reasonable control. User agree that Iogra have no responsibility or liability for any loss or expense suffered or incurred by User because of not acting for so long as the force majeure continues.

23. OUR CONTACT DETAILS

You can contact us:
a) using the ‘Contact Us’ page provide on our Website located at ;
b) by email at: admin@iogra.com
c) by mail using the address provided above

© 2020 Iogra. ALL RIGHTS RESERVED.

Terms and Conditions last updated on 7 May 2020.