T&Cs for Readers

1. Introduction

The following terms and conditions (Member Terms) regulate participation in, and use of, the Unpublished Manuscripts™ Marketplace themed sites (the Platform) as a Member.

The Platform includes, but is not limited to, the Unpublished Manuscripts Website accessible at www.unpublishedmanuscripts.com.au.

The Platform is owned and operated by Unpublished Manuscripts Int Pty Ltd (ABN 45 621 423 489) (Unpublished Manuscripts).

The Platform, and the content uploaded to the Platform, are available to be viewed by anyone browsing the internet.

However, you are only able to buy Works from the Platform if you have become a Member and agreed to the Member Terms. As a Member, you are entitled, subject to these Member Terms, to:

  • buy Works from Authors; and
  • generally make use of the Membership sections of the Platform.

Once you click “I agree” you will be deemed to have agreed to the Member Terms and a legally binding contract, incorporating those Member Terms, will then exist between you and Unpublished Manuscripts in relation to your use of the Platform.

Members who buy a Work will only acquire a license to use that Work. This is dealt with in more detail in clause 8.

Membership is only available to individuals.

2. Definitions

In these Member Terms:

Additional Materials has the meaning given to that term in clause 3.

Author means a writer who makes Works available for sale on the Platform.

Buyer means a Member who buys a Work or Works made available for sale on the Platform.

Member means a natural person who is registered as a Member – after he or she submits a Membership application (including acceptance of these Member Terms) and after we accept the application.

Member Account has the meaning given to that term in clause 7.

Member Ledger has the meaning given to that term in clause 7.

Non Excludable Provisions has the meaning given to that term in clause 10.

Payment Agent means any payment agent approved by Unpublished Manuscripts from time to time including, but not limited to, PayPal.

Supported Devices means any computer, smartphone or tablet device that can connect to the internet and access the website.

Work mean a digitised work made available for sale exclusively on the Platform, such as novels, short stories and scripts.

In these Member Terms:

  • a reference to we or us means Unpublished Manuscripts;
  • a reference to you or your’ means a Member; and

a reference to buying or sale of a Work means the acquisition or grant of a license or other right to use a Work.

3. Membership

You may only become a Member if you are 18 years or over.  Membership is non transferable.

We may, at our sole discretion, reject an application for Membership.  We may, at our sole discretion (once Membership is granted) suspend, terminate or restrict Membership at any time.

We are not obliged to give reasons for our decision to reject an application or suspend, terminate or restrict Membership at any time.

A Member is responsible for each and every access or use of the Platform that occurs in conjunction with use of his or her username and password.

Accordingly you must:

  • use all reasonable efforts to keep your username and password confidential;
  • not allow any third party to access the Platform using your username and password; and
  • notify us in writing as soon as you become aware of any unauthorised use of your Member Account.

You acknowledge and agree that you are liable for, and will indemnify us, our related bodies corporate, affiliates, officers, directors, agents and employees against, any and all claims made by a third party arising out of your access to, and use of, the Platform as a Member.

You acknowledge and agree that you are liable for, and will indemnify Unpublished Manuscripts, its related bodies corporate, affiliates, officers, directors, agents and employees against, any and all claims made by a third party arising out of your access to, and use of, the Platform as a Member.

When accessing the Platform (as a Member) and using the content and/or the services available on the Platform, a Member must also comply with:

  • any directions or instructions; and
  • any policies or procedures,

as posted on, or available through, the Platform from time to time (Additional Materials).

The terms of the Additional Materials are incorporated by reference into this Agreement. Any breach by a Member of obligations imposed on the Member by any of the Additional Materials will be deemed to be a breach of this Agreement.

4. Role of Unpublished Manuscripts

Unpublished Manuscripts provides the online Unpublished ManuscriptsTM Marketplace to enable Authors to sell and Members to buy Works.  Unpublished Manuscripts manages the Unpublished ManuscriptsTM Marketplace to enable it to function fairly, efficiently and competitively.

Ownership of Works remain with the Author. Members who buy a Work will only acquire a license to use that Work. Unpublished ManuscriptsTM does not obtain any right of ownership or use (including any intellectual property rights) in respect of the Works.

Unpublished Manuscripts does not have any control over, and does not take any responsibility for, the quality, safety or legality of any Works downloaded by you from the Platform.

Unpublished Manuscripts does not warrant that the Works or any content, code, data or materials downloaded from the Platform does not infringe the intellectual property rights of a third party.

An Author is required to warrant that his or her Work does not infringe the intellectual property rights of any third party.

The Platform will usually be available 24 hours a day, seven days a week or as otherwise stated on the Platform.

Unpublished Manuscripts may, in its absolute discretion, and for any reason, and at any time, with or without notice:

  • interrupt or suspend access to the Platform (or any part of the Platform); and/or
  • alter, interrupt or suspend the provision of the whole or any part of the content and/or the services available on the Platform.

Unpublished Manuscripts will not be liable to you for any loss that you may suffer as a result of any such interruption, suspension or alteration.

5. Prices

All references, in these Member Terms and on the Platform, to ‘$’ and ‘dollars’ are to the lawful currency of Australia, unless otherwise specified.

A Buyer of a Work must pay the specified price to buy the right to use the Work. All Works on the platform are available at the set price of $7.99 (including GST).

6. Security and Data Protection

We are committed to protecting your personal privacy. Unpublished Manuscripts takes all reasonable precautions to protect information that you transmit to the Platform over the internet but does not warrant the security of that information.

For further information on how we deal with personal information, please see our Privacy Policy at https://www.unpublishedmanuscripts.com.au/privacy-policy/.

When using the Platform or dealing with other users of the Platform you must respect the privacy and legal rights of other Members and Authors. You must not disclose any personal information of other users made available to you through the Platform.

7. Member Accounts

When an application for Membership is accepted by Unpublished Manuscripts, the Member will have a single account that is accessible through the Platform (Member Account).

Among other things, through your Member Account, you will be able to access a ledger which records payments by you to Authors, through the Platform, as a Buyer (Member Ledger).

Except as specified below, payments made by you to Authors through your Member Account must be made by credit card or using the services of a Payment Agent.

Unpublished Manuscripts is not a licensed financial service provider, nor does it conduct the business of banking in Australia.

Unpublished Manuscripts is not providing a financial product or service as defined in the Corporations Act 2001 (Cth) and nor is it acting as a fiduciary or an escrow with respect to your funds.

Any monies that you deposit into your Member Ledger must be used only to pay for Works you buy on the Platform.

8. Buying Works

When you, as a Buyer, acquire a Work from the Unpublished ManuscriptsTM Marketplace, you acquire a non-transferable and non-exclusive licence to view, use and display that Work on your devices an unlimited number of times, and only:

  • on Supported Devices; and
  • for your personal and non-commercial use.

You acquire those rights from the Author, not from Unpublished Manuscripts.

You cannot cancel an order for a Work once your order for the Work has been submitted.

Upon your order being processed (which is automatic), you acquire the relevant rights offered by the Author and selected by you at the time of submitting your order.

Payment of the price for the Work you order will be made at the time the Work is made available for download by you.

If it is alleged that the payment you made, as a Buyer, through your Member Account was not authorised by the credit card owner or the Payment Agent we reserve the right to reverse a sale transaction, even after a payment for a Work has been processed.

Despite the fact we take all reasonable precautions, Works may from time to time be listed at an incorrect price or with incorrect information. We reserve the right to reverse a transaction in these circumstances, even after a payment for a Work has been processed. If a transaction is cancelled, we will arrange for any payment you made to be refunded.

9. Prohibited Conduct

You warrant that while using the Platform and the various services and features offered on or through the Platform, you will not:

  • use a false email address or impersonate any person or entity or misrepresent your affiliation with any other person or entity;
  • let any other person use your Member Account;
  • insert your own or a third party’s advertising, branding or other promotional content into any of the Platform’s content, materials or services or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or
  • attempt to gain unauthorised access to other computer systems through the Platform.

You must not:

  • engage in ‘spidering’, ‘screen scraping’, ‘database scraping’, harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Platform or the services offered on or through the Platform, including without limitation any information residing on any server or database connected to the Platform or the services offered on or through the Platform;
  • obtain or attempt to obtain unauthorised access to computer systems, materials or information through the Platform by any means;
  • use the Platform or the services made available on or through the Platform in any manner with the intent to interrupt, damage, disable, overburden, or impair the Platform or such services, including, without limitation, sending mass unsolicited messages or ‘flooding’ servers with requests;
  • use the Platform, content or services offered on the Platform for any purpose or activity of an illegal, fraudulent, obscene, offensive, personally offensive or defamatory nature;
  • use any mechanism, device software or script to affect the proper functioning of the Platform including taking any action which may infect the Platform with any routine, including (but not limited to) any virus, time bomb, trojan horse, worm, cancelbot or other computer routine that may damage, interfere with, delay, intercept or expropriate any system, data or personal information;
  • take any action which may interfere with, disrupt, manipulate, tamper with or otherwise abuse the Platform or networks connected to the Platform;
  • use the Platform or the Platform’s services or features in violation of Unpublished Manuscripts’ or any third party’s intellectual property or other proprietary or legal rights;
  • use the Platform or the Platform’s services in violation of any applicable law;
  • attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Platform or the Platform’s services, or any content of the Platform or any of its domains, or make any unauthorised use of the Platform or the Platform’s services or any content of the Platform or any of the domains of the Platform;
  • use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform or any of its services; or
  • obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Platform.

Unpublished Manuscripts reserves the right, in its absolute discretion, to determine whether or not your use of the Platform or content or services available on the Platform complies with these Member Terms.

Any commercial or promotional distribution, publishing or exploitation of the Platform, or any content, code, data or materials on the Platform, is strictly prohibited unless you have received express prior written permission from Unpublished Manuscripts.

Other than as expressly allowed in these Member Terms, and unless otherwise indicated in these Member Terms, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials (including Works) on or made available through the Platform.

10. Liability

Nothing in these Member Terms is or should be interpreted as an attempt to modify, limit or exclude any right or remedy, or any guarantee, term, condition, warranty, undertaking, inducement or representation, implied or imposed by legislation which cannot be lawfully modified, limited or excluded (Non-Excludable Provisions). This may include the Australian Consumer Law, which contains guarantees that protect the purchasers of goods and services in certain circumstances.

We exclude to the extent permitted by law all other guarantees, terms, conditions, warranties, undertakings, inducements or representations whether express or implied, statutory or otherwise, which would otherwise be implied into these Member Terms concerning the activities covered by these Member Terms.

You do not rely on any guarantee, term, condition, warranty, undertaking, inducement or representation made by us or on our behalf which is not expressly stated in these Member Terms.

Subject to our obligations under the Non-Excludable Provisions, our maximum aggregate liability to you in respect of any one claim or series of connected claims under these Member Terms in connection with the Platform, whether arising in or for breach of contract, negligence or other tort, breach of statutory duty, or otherwise, is limited in aggregate to the total amount paid by you to buy Works through the Platform.

Subject to our obligations under the Non-Excludable Provisions, you acknowledge and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, date or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:

  • the use or inability to use the Platform;
  • the cost of procurement of substitute services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the Platform;
  • unauthorised access to transmissions or alternation of your information;
  • statements or conduct of any party with respect to the Platform;
  • any other matter relating to the Platform.

Subject to our obligations under the Non-Excludable Provisions:

  • all content and services on the Platform are provided ‘as is’ and without warranties of any kind, either express or implied;
  • Unpublished Manuscripts does not warrant that the functions contained in any content or your access to the Platform will be uninterrupted or error-free, that any defects will be corrected or that the Platform or the server which stores and transmits content to you are free of viruses or any other harmful components; and
  • Unpublished Manuscripts does not warrant or make any representation regarding your access to, or the results of your access to, the Platform (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise.

As a Member, you are are solely responsible for the following matters:

  • your use of the Platform;
  • your use of the Works you buy through the Platform;
  • placement or transmission by you of any message, content, information, software or other materials through the Platform;
  • your breach of any applicable related third party contract or terms of service; or
  • your breach of the law or of these Member Terms,

and the Member releases and indemnifies Unpublished Manuscripts (as well as Unpublished Manuscripts’s affiliates, supplier, directors, officers, employees and agents) from any and all claims, liabilities, costs and expenses (including legal fees) arising in any way from these matters, except and to the extent where Unpublished Manuscripts is at fault.

Unpublished Manuscripts reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by a Member.  In such a case, the affected Member must cooperate with Unpublished Manuscripts in its defence of such claim.

11. Changes to Member Terms

Unpublished Manuscripts may, at its sole discretion, revise or change these Member Terms (in whole or in part) at any time by giving you at least 14 days written notice by email sent to your nominated email address which is linked to your Member Account.

Changes in the Member Terms will be effective on the date set out in the email notice we send you. It is your responsibility to check your email for these notices.

Your continued use of the Platform and/or the content or services made available on or through the Platform after any changes to the Member Terms in accordance with this clause will be considered acceptance of those changes.

12. Suspension or Termination

Unpublished Manuscripts may suspend or terminate your registration as a Member and deny you access to your Member Account immediately if:

  • you breach these Member Terms or any other terms and conditions, agreements or rules governing the Platform;
  • Unpublished Manuscripts is unable to verify or authenticate any information you provide to us as part of your original application or in the course of using the Platform; or
  • Unpublished Manuscripts believes that your actions may cause legal liability for you, our other Members or us.

Should Unpublished Manuscripts elect to suspend or terminate your Member Account:

  • you may be prohibited from accessing the Platform temporarily or permanently; and
  • you must not apply for a new Member account.

The suspension or termination of your Member Account does not affect any licence in respect of any of the Works you have bought through the Platform.

13. Notices

Any notice given in accordance with these Member Terms will be correctly given if it is in writing and is emailed to a party to the email address that that party has nominated or any other email address as may be notified for the purpose of the service of notices.

A notice will be deemed to have been given on the date of delivery.

14. Applicable Laws

If you make use of the Platform, or the Works, content, code, data or materials on the Platform or available through the Platform, except as otherwise provided for in these Member Terms, you may breach intellectual property laws (including copyright) and other state and federal laws of Australia and other countries and may be subject to liability for such unauthorised use.

We control and operate the Platform from our offices in Australia. We do not represent that materials on the Platform are appropriate or available for use in other locations. Persons who choose to access the Platform from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

The laws of New South Wales, Australia governs these Member Terms. Each of Unpublished Manuscripts and the Member irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

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