Terms of Use

  1. About little writer

    1. Welcome to the Little Writer website (the ‘Site’). The Site is operated by Little Writer Pty Ltd (ACN 619 425 624) (‘Little Writer’).

    2. Little Writer is a digital platform (‘Platform’) that offers primary and secondary school students from the age of five an online interactive learning space to submit and publish their literary works across all genres of literature (our ‘Services’).

    3. These terms of use (‘Terms’), along with our ‘Privacy Policy’ which form a part of these Terms, govern your use of the Little Writer Platform.

    4. Please read our Terms and Privacy Policy carefully before using the Platform because these Terms and Privacy Policy create a binding contract between Little Writer and Members.

    5. We may update these Terms from time to time without notice. Any changes to these Terms will be effective from the date published on our Site.

    6. By using the Platform, you agree that you are bound by these Terms. If you do not agree to these Terms you must not use the Platform.

    7. 1.7 Any reference herein to “we”, “our”, or “us” means Little Writer Pty Ltd (ACN 619 425 624). Any reference to “you” or “your” means you, as a Member of our Platform.

  2. Definitions

    1. Claim” includes any demand, claim, action, proceeding, Loss, damages, costs, expenses, requisition, objection, alleged right of indemnity incurred or suffered by, or brought or made or recovered against a matter, no matter how arising (whether or not presently ascertained) in the immediate future or contingent (whether criminal or civil, in contract, tort or otherwise).

    2. Educator” means a Member that is eligible for a Subscription to the Services.

    3. Member” means a registered member of Little Writer. Members can sign-up as either a Student or an Educator.

    4. Member Content” means all data, works and materials (including without limitation text, communications, information, messages, comments, photographs, images, audio material, video material, audio-visual material, scripts, software and files) sent, submitted, posted, placed on, made to or otherwise communicated to, from or using the Platform.

    5. Intellectual Property Rights” means any intellectual property including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, rights in database and data rights, domain names, knowhow, trade secrets, procedures, technical designs, software and code and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.

    6. Law” includes a constitutional provision, treaty, decree, convention, statute, regulation, ordinance, by-law, judgment, rule of common law or equity and is a reference to that law as amended, consolidated or replaced.

    7. Liability” means any debt, obligation, cost (including legal costs, deductibles or increased premiums), expense, Loss, damage, compensation, charge or liability of any kind, including those arising from third party Claims, those that are prospective or contingent and those the amount of which is not ascertained or ascertainable, and whether arising under breach of contract, in tore (including negligence), restitution, pursuant to statute or otherwise at law or in equity.

    8. Loss” means any cost, expense, loss, damage or Liability whether direct, indirect or consequential (including pure economic loss), present or future, ascertained or unascertained, actual, prospective or contingent, or any fine or penalty and includes legal costs.

    9. Moral Rights” means the rights conferred by the Copyright Amendment (Moral Rights) Act 2000 (Cth) and any similar rights under the law of any other jurisdiction including:

      • (a) the right of integrity of authorship (that is, not to have a work subjected to derogatory comment);

      • (b) the right of attribution of authorship of a work; and

      • (c) the right not to have authorship of a work falsely attributed, and any other similar rights capable of protection under the laws of any applicable jurisdiction.

    10. Privacy Laws” means the Privacy Act 1988 (Cth), Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth), and the EU General Data Protection Regulation.

    11. Virtual Rewards” means virtual credits, such as trophies and golden quills, used to reward Submissions by Student Members’ as part of the functionality of the Platform. Rewards do not have any monetary value either through or outside of the Platform.

    12. Student” means a Member that is eligible for registration as a student.

    13. "Submissions" means all Student Members’ original literary works and written materials, including but not limited to, ideas, concepts, diary logs, blogs, pitches, suggestions, stories, screenplays, formats, photographs, characterisations, audio-visual material, commentaries and scripts that you submit, post, upload, embed, display, communicate or otherwise distribute on or through the Platform.

    14. Subscription” means a subscription required to access the Services as an Educator Member.

    15. Subscription Fees” means the fees associated with a Subscription.

    16. Works” means any literary, dramatic, musical or artistic work pursuant to Part III of the Copyright Act 1968 (Cth) and any Part IV subject matter such as cine-films, sound recordings, publications, television broadcasts including any rights in performances.

  3. Member Registration and Acceptance of Terms

    1. To obtain access to the Services, you must first register for an account on our Platform either under a Student account or Educator account (collectively ‘Member Account’).

    2. To be eligible for a Student account you must be between the ages of four (4) and thirteen (12), and have a parent or guardian sign-up you up as a Student on the Platform.

    3. To be eligible for an Educator account you must be a teacher or educator of school aged children (between 4-12 years).

    4. Students must have a parent or guardian sign-up to the Services by agreeing to these Terms and our Privacy Policy (on their own and on behalf of the Student), before creating a Member Account.

    5. Educators over the age of 18 years can sign-up to the Services by purchasing a Subscription and agreeing to these Terms and our Privacy Policy.

    6. If you are using the Services on behalf of a company, association, partnership or organisation, you warrant that you have the authority to bind that entity to these Terms.

    7. As part of the registration process for our Services, and as a condition of your use of the Platform, we require current, complete and accurate identification, and other information from you during the registration process, including but not limited to:

      • (a) name;

      • (b) username and password (‘Login Information’);

      • (c) a valid email address;

      • (d) date of birth (for Students);

      • (e) other information as applicable to set up and administer your Member Account to access the Services.

      (‘Registration Data’)

    8. If your contact information changes, you must promptly update the Member Account information to reflect those changes.

    9. You must not register for a Member Account if you are not able to form a binding contract with us or if you are a person barred from using the Platform under Australian law or any other country in which you are a resident.

    10. You are solely responsible for the accuracy of the information that you submit in relation to your Registration Data. You agree that we do not control, verify, or endorse that information.

    11. You warrant that your Registration Data is accurate, correct and up to date. You must not submit any Login Information that is false or inaccurate. If we detect suspicious or incomplete information, we reserve the right to cancel a Member Account.

    12. If your Registration Data changes, you must promptly update your Member Account to reflect those changes.

    13. You are responsible for keeping your Login Information secure. Members acknowledge that they are entirely responsible for all activities that occur under their Login Information. We will not be liable for any loss or damage from your failure to maintain the security of your Login Information.

    14. You agree to immediately notify us of any unauthorised use of your Login Information, Member Account, or any other breach of security known to you.

    15. We may without notice terminate your Member Account and your access to the Platform:

      • (a) at any time for a breach of these Terms; or

      • (b) if there is no account activity associated with your Member Account for over 12 months.

    16. Members must only use and access the Platform for purposes permitted by these Terms, and any applicable Laws or generally accepted guidelines in the relevant jurisdictions.

  4. Subscription Fees

    1. Educators must purchase a Subscription to access and use the Platform. Subscriptions provide Educators with Virtual Rewards that can be used on the Platform.

    2. Subscriptions are offered on an annual or monthly basis (the ‘Subscription Period’) depending on the type of Subscription purchased by Educator.

    3. Educators must pay the Subscription Fees in consideration of the Subscription provided to access the Platform.

    4. Payment of the Subscription Fees is made through the following third-party provider:

      • - Stripe (the 'Payment Gateway Providers')

    5. Little Writer reserves the right to increase or change the Subscription Fees from time to time. Any change to the Subscription Fees will be applicable from the time it is updated on our Site or by notice to Members.

    6. You agree to pay the Subscription Fees for the current Subscription Period. Subscription Fees will be charged to you on a recurring basis for a further Subscription Period and without further authorisation from you unless you have terminated your Subscription in accordance with the Terms of this Agreement.

    7. Subscribers are responsible for ensuring that sufficient funds are available at the time of payment processing and that credit card details are correct in order to access the Platform and use the Services.

    8. If there are payment failures due to insufficient funds, incorrect or outdated payment information, Little Writer reserves the right to:

      • (a) recover payment and deny you access to our Platform;

      • (b) cancel or suspend your Member Account if we are unable to process the Subscription Fees.

    9. All Subscription Fees are charged in United States Dollars (USD).

  5. Refund Policy

    1. Except as required by Law or provided for in these Terms, any Subscription Fees paid by you are final and non-refundable.

    2. We will refund you for any Subscription Fees that have been incorrectly charged to your Member Account. All refunds are processed through the applicable Payment Gateway Provider.

    3. We will facilitate a refund for any Subscription Fees if:

      • (a) we are unable to facilitate the completion of the Services; or

      • (b) the delivery of our Platform is defective.

  6. Member Obligations

    1. As a Member, you agree that you will not engage in any conduct on the Platform that:

      • (a) gives rise to civil or criminal liability or which may cause Little Writer into disrepute;

      • (b) defames, harasses, bullies or intimidates any person or Member;

      • (c) spams or solicits any Member;

      • (d) violates or infringes someone else’s rights of publicity, privacy, copyright, trade mark or Intellectual Property Right; or

      • (e) encourages any breach of these Terms.

  7. Submissions and Member Content

    1. After your registration as a Student you can log into your Member Account and upload your Submissions to the Little Writer Platform.

    2. You may edit your Submissions to the extent permitted using the editing functionality made available to you on the Platform.

    3. To ensure that Members have a positive experience using the Platform, we reserve the right to:

      • (a) modify, remove or refuse to distribute or transmit any Member Content or Submissions; or

      • (b) suspend or terminate Members, where such Member Content or Submissions, breaches these Terms, or that we otherwise find objectionable.

    4. You agree that you will not post to, share or transmit to the Platform any Member Content or Submissions, nor use the Platform in any way that:

      • (a) contains abusive, pornographic, aggressive, homophobic, defamatory, hateful, discriminatory, obscene, inflammatory or racist language;

      • (b) is unlawful, fraudulent, malicious, misleading, discriminatory or which gives rise to civil or criminal liability or which may call us or the Service into disrepute;

      • (c) harasses, bullies or intimidates any person or Member;

      • (d) constitutes, assists or encourages a criminal offence, violates the rights of any party, or that otherwise creates liability or violates any Laws;

      • (e) infringes upon or violates any third party's rights, including but not limited to Intellectual Property Rights;

      • (f) provides instructional information about illegal activities such as making or buying illegal weapons, buying or selling illegal drugs, violating someone's privacy, or providing or creating viruses;

      • (g) contains any restricted material, including but not limited to passwords, medical information or confidential information of any person;

      • (h) solicits, invites, encourages, advocates, incites or provoke any or all of the foregoing.

    5. You waive all your Moral Rights in the Submissions and any Member Content to the maximum extent permitted by any applicable Law or otherwise grant to Little Writer a genuine consent to deal with any of the Moral Rights in the Submissions and Member Content.

    6. The views expressed in any Submissions and Member Content are the views of Members and not the views of Little Writer.

    7. We are not responsible for and disclaim all Liability in respect of any Submissions or Member Content. Please notify us of any inappropriate or illegal content.

    8. Little Writer makes no representations or warranties that it will take any steps to monitor or otherwise filter Member Content or Submissions uploaded or transmitted to the Platform.

  8. Licence to Member Content and Submissions

    1. You grant us a perpetual, worldwide, non-exclusive, royalty-free, unlimited, sub-licensable and transferable licence to use, reproduce, commercialise, distribute, display and deliver Member Content and any Submissions that you upload, submit, store, send, or receive on or through the Platform. The rights you grant in this licence are for the limited purpose of operating and providing functionality to the Platform and associated Services.

    2. We may share your Member Content and Submissions with third-parties that assist us in the development, improvement, and functionality of the Platform.

  9. Licence to use the Platform

    1. We grant to you a personal, worldwide, non-exclusive, non-transferable, non-sub licensable, revocable, limited licence to access and use the Platform subject to these Terms.

    2. We may terminate this licence at any time, if you use the Platform, except as permitted by these Terms. If your access to the Platform or use of it is determined to be illegal under the Laws of the country in which you are located, your licence to access or otherwise use the Platform is terminated with immediate effect and you must stop using the Platform.

    3. All right, title and interest in the Platform and Services, including Intellectual Property Rights in it shall remain owned and controlled by us or any related entities.

  10. Virtual Rewards

    1. Our Platform allows Members to earn, win, or purchase Virtual Rewards, such as trophies and golden quills. In addition, Members can share their Virtual Rewards with other Members for providing encouragement and positive feedback.

    2. By purchasing Virtual Rewards, you expressly authorise us to charge you the applicable fees to the payment method listed at the time of your purchase. We will send a confirmation of receipt to your Member Account.

    3. You agree that while you may earn, win, or purchase Virtual Rewards on the Platform, you do not legally own the Virtual Rewards and the amounts of any Virtual Rewards in your Member Account do not refer to any real balance of value or real currency or its equivalent.

    4. Your purchase of Virtual Rewards is final and is not refundable, transferable or exchangeable, except in our sole discretion, or pursuant to these Terms. Virtual Rewards will reside in your Member Account until discharged through use of the Platform or otherwise surrendered or cancelled in accordance with these Terms.

    5. You may not sublicense, trade, sell or attempt to sell Virtual Rewards for real money, or exchange Virtual Rewards for value of any kind outside of the Platform. You understand that doing so is a violation of these Terms and may result in termination of your Member Account and any such transfer or attempted transfer is prohibited and void.

    6. Except as required by Law, any fees paid by for the purchase of Virtual Rewards are final and non-refundable.

  11. Intellectual Property

    1. The works (“Copyright Material”) contained on the Site, Service and all of the related services are subject to copyright and owned by the copyright owner. The Copyright Material on the Site is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Service and compilation of the Site (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 Little Writer.

    2. All Intellectual Property including any trademarks, service marks, trade names and any other proprietary designations are owned, registered and/or licensed by Little Writer. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

    3. Little Writer retains all rights, title and interest in and to the Site and all related services. Nothing you do on or in relation to the Site will transfer any:

      • (a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

      • (b) right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

      • (c) thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).

    4. You may not, without the prior written permission of Little Writer and the permission of any other relevant rights owners broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public any Submissions that is published on the Platform by another Member.

    5. The Site and Submissions may not be copied, reproduced, publicly displayed, translated or distributed in any way (including mirroring) to any other device, server, website or other medium for publication or distribution, without our express prior written consent.

    6. The obligations accepted by the Member under this clause survive termination or expiry of these Terms.

  12. Warranty and Liability

    1. To the maximum extent permitted by applicable law, Little Writer excludes all representations and warranties relating to the subject matter of these Terms, our Platform and the use of our Site.

    2. Little Writer does not warrant or represent:

      • (a) the completeness, truth, suitability, quality or accuracy of the information published on our Platform including any information provided by Members or other users;

      • (b) that the material on the Platform is up to date; or

      • (c) that the Platform or any Service on the Site will remain available.

    3. Little Writer does not make any representation or warranty with respect to, or endorse any Member, their age, identity or background. Any use of or reliance on the information contained on the Platform is solely at the Member’s own risk.

    4. To the extent permitted by law, all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded.

    5. Nothing in the 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.

    6. Little Writer will not be liable for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Service or these Terms whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

    7. You expressly understand and agree that Little Writer, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to:

      • (a) any losses arising out of any event or events beyond our reasonable control;

      • (b) any business losses, including (without limitation) loss of or damage to profits (whether incurred directly or indirectly), income, revenue, use, production, anticipated savings, business reputation, contracts, commercial opportunities, goodwill or any other intangible loss;

      • (c) any loss or corruption of any data, database or software; and

      • (d) any special, indirect or consequential loss or damage.

    8. The Platform and Services is provided to Members without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Little Writer make any express or implied representation or warranty about the Service or Platform. This includes (but is limited to) loss or damage you may 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, 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 on the Platform or any Services (including third-party material and advertisements on the Site);

      • (c) costs incurred as a result of you using the Platform; or

      • (d) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

    9. This clause survives the termination or expiry of this Agreement for whatever reason.

  13. Indemnity

    1. You agree to indemnify Little Writer, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

      • (a) all actions, suits, Claims, demands, Liabilities, costs, expenses, Loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your Submissions and Member Content;

      • (b) any direct or indirect consequences of you accessing, using or transacting on the Platform or attempts to do so; or

      • (c) any breach of the Terms.

  14. Termination

    1. The Terms will continue to apply until terminated by either you or by Little Writer as set out below.

    2. Little Writer may at any time, terminate the Terms with you if:

      • (a) you have breached any provision of the Terms;

      • (b) Little Writer is required to do so by law.

    3. Little Writer reserves the right to discontinue or terminate your access to the Platform at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Site or the Service without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Little Writer’s name or reputation or violates the rights of those of another party.

    4. If you want to terminate the Terms, you may do so by closing your Member Account for the Service which you use.

  15. Disputes

    1. Members are solely responsible for interactions and disputes with each other.

    2. Little Writer reserves the right, but has no obligation, to monitor disputes between Members although may involve itself in such a dispute for the purpose of improving the user experience of Members.

    3. If a dispute arises out of or relates to the Terms as between Little Writer and a Member, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought):

      • (a) Compulsory process. A Party shall not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a Dispute unless it has complied with this clause.

      • (b) Notification. A Party claiming that a Dispute has arisen shall notify each other party to the Dispute giving details of the Dispute.

      • (c) 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.

      • (d) 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:

        (i) a mediator agreed on by the Disputants; or
        (ii) 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.

      • (e) 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.

      • (f) 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.

      • (g) 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.

      • (h) Location, timing and attendance. The mediation will be held in Sydney, 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.

      • (i) 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.

      • (j) 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.

  16. No Waiver

    1. Any failure of Little Writer to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

  17. Assignment

    1. 17.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.

    2. 17.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and obligations under these Terms.

  18. Third Party Rights

    1. A contract under these Terms is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

    2. The exercise of the rights under a contract under these Terms is not subject to the consent of any third party.

  19. Entire Agreement

    1. These Terms shall constitute the entire agreement between you and us in relation to your use of the Site.

  20. Severability

    1. 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

    1. These Terms are governed by and construed in accordance with the laws of the State of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Queensland and Courts of Appeal from them for determining any dispute concerning these Terms. If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect.

  22. Force Majeure

    1. Notwithstanding any other provision of these Terms, we need not act if it is impossible to act due to force majeure, meaning any cause beyond our control (including war, riot, natural disaster or law taking effect after the date of these Terms). We have no responsibility or liability for any loss or expense suffered or incurred by you because of not acting for so long as the force majeure continues.

  23. Feedback

    1. Little Writer welcomes and encourages you to provide feedback, comments and suggestions for improvements to the Site ("Feedback"). You may submit Feedback by emailing us at support@littlewriter.io

    2. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under all Intellectual Property Rights that you own or control to use, copy, modify, create derivative works based upon and otherwise use the Feedback for any purpose, including (but not limited to) advertising and promotional purposes.

  24. Our Details

    1. The Little Writer Platform and Site is owned and operated by Little Writer Pty Ltd (ACN 619 425 624).

    2. Our principal place of business is at: Little Writer Pty Ltd, PO Box 383, Mt Ommaney, Brisbane, Queensland 4074, Australia

    3. You can contact us:

      • (a) by post, using the mailing address given above;

      • (b) using our contact form on the Platform, should one be made available to you;

      • (c) by email at support@littlewriter.io

  25. © 2018 LITTLE WRITER PTY LTD. ALL RIGHTS RESERVED.
    Terms last updated 10 October 2019.

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