1. Acceptance
These Terms of Service (the “Terms”) govern your use of www.writersmap.co (the “Platform”). These Terms have a force of a legally binding agreement, even if you are simply browsing without intention to contact us or register an account. The term "us," "we" or "our" refers to the owners and operators of this Platform. The term "you" refers to the viewer of the Platform. Privacy Policy www.writersmap.co is another important document that you should familiarize yourself with because it describes our practices with respect to your personal information.
Please read these Terms carefully. By using, browsing and/or reading the Platform, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must stop using our Platform immediately.
We reserve the right to review and change these Terms at its sole discretion. When we update the Terms, it will use reasonable endeavours to provide notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication, and you accept the changed Terms by your subsequent use of the Platform.
2. Registration
You may be required to register for an account through the Platform before you can purchase products or use some services on the Platform.
As part of the registration process, or as part of your continued use of part of the Platform, you may be required to provide personal information about yourself (such as identification or contact details), including your:
(a) name
(b) date of birth
(c) email address
(d) preferred username
(e) preferred password
(f) address
(g) telephone number
You warrant that any information you provide in the course of completing the registration process will always be accurate, correct and up to date. We reserve the right to reject a registration or remove a profile from the Platform at any time at our discretion.
To create an account, you must:
- (a) be at least 18 years old;
- (b) possess the legal right and ability to enter into a legally binding agreement with us; and
- (c) agree and warrant to use the Platform in accordance with these Terms.
3. Payments
- Where the option is given to you, you may make payments by way of a third-party electronic payment system embedded in the Platform. The payment system being used is Paypal and/or Stripe (“Stripe”) and the user of this system is subject to the Paypal terms or the Stripe Connected Account Agreement, which includes the Stripe Terms of Service.
- In using the Platform or when making any payment in relation to your use of the services, you warrant that you have read, understood and agree to be bound by the Paypal and/or Stripe terms and conditions which are available on their Platform as applicable.
- You acknowledge and agree that where a request for the payment of the fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the fee.
4. Warranties
- To the maximum extent permitted by law, including the Australian Consumer Law (ACL), we make no warranties or representations about the products and/or services.
- To the maximum extent permitted by law, you agree that you do not rely on our skill or judgement in relation to the suitability of any goods and/or services for a particular purpose.
- Any advice, recommendation, information or assistance provided by us is provided without any liability whatsoever.
5. Intellectual property
- i. The Platform, the content and all of the materials made available on the Platform are subject to copyright protection under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Platform (including but not limited to text, graphics, logos, button icons, video images, audio clips, Platform, Platform, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by us, and/or their contributors.
- ii. All trademarks, service marks and trade names are owned, registered and/or licensed by us.
- iii. We grant you a worldwide, non-exclusive, royalty-free, revocable license whilst you are using the Platform to:
- use the Platform pursuant to the Terms
- copy and store the Platform and the material contained in the Platform in your device’s cache memory and
- print pages from the Platform for your own use.
- iv. Nothing you do on or in relation to the Platform will transfer to you any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- 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).
6. Acceptable use policy
By visiting this Platform, you represent and agree that:
- If purchasing anything, you are responsible for ensuring your payment method is valid. You will pay as agreed using only payment methods which you are authorised to use. You will not use false identity.
- You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
- If you make a submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive or hateful.
- You will not use our Platform in connection with any sexually explicit material, illegal drugs, pirated computer programs, viruses or other harmful code, disclosure of anyone's private information without consent, pyramid schemes, multilevel-marketing, "get rich quick" offerings, encouragement of violence.
- Posting or transmitting to the Platform any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
- You will ask for our permission before copying anything from our Platform for republication.
- You will ask for our permission before copying anything from our Platform for republication.
- You will not use our Platform for anything illegal.
- Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Platform. You will not impede the proper functioning of the Platform.
If we allow you to post any information to the Platform, we have the right to take down this information at our sole discretion and without notice. We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
7. Confidentiality
You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorisation. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.
8. Breach of these terms
If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the Platform; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; (iv) take any other action available under law.
9. Linked sites
The Platform may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
10. Events beyond control
Neither party shall be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by causes beyond its reasonable control including but not limited to by fire, flood, riot, strike, war, pandemic, restrictions and prohibitions or any other actions by any government or semi government authorities.
11. Disclaimer
To the maximum extent permitted by law, including the ACL, we make no warranties or representations about the Platform or its content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that the Platform will be secure.
To the maximum extent permitted by law, we make no representations or warranties about the Platform or the content, including (without limitation) that:
- it is complete, accurate, reliable, up-to-date and suitable for any particular purpose;
- access will be uninterrupted, error-free or free from viruses;
We reserve the right to restrict, suspend or terminate without notice your access to the Platform, any content, or any feature of the Platform at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
You acknowledge that the Platform may facilitate the interaction between different parties. We hold no liability to you as a result of any conduct of the users or the misuse of your content by any party.
Everything we provide on this platform is on an “as is” basis, to be relied on at your own risk. Do your own research before relying on anything on this platform. We disclaim all warranties, express or implied, including any warranties of merchantability, fitness for a particular purpose, quality, non-infringement, safety, freedom from defects or that defects will be corrected, uninterrupted, virus-free or error-free performance.
We are not liable for indirect, special, incidental or consequential damages, including lost profits and property damage, even if we were advised of the possibility of such damages, nor shall we be held liable for delay or failure in performance resulting from causes beyond our reasonable control. In no event shall our total liability to you for all damages, losses and causes of action exceed the fees we received from you, if any. Some jurisdictions do not allow the limitation of certain warranties, so the above limitations in this section may not apply to you.
12. Indemnification
You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to lawyer's fees)arising from: (i) your use of and access to the Platform; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv)any claim that one of your user submissions caused damage to a third party.
13. Governing Law
These Terms are governed by the laws and Courts of the State of Victoria, Australia and you expressly submit to the jurisdiction of these Courts.
14. App stores
- Apple. By downloading the Platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
- Apple is not a party to these Terms. Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform.
- The license granted to you here under is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
- In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the ma
- Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim.
- You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof.
- b. Google Play
- By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
- to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and
- you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by us or you (or any other user) under these Terms or the Google Play Terms
15. General
- Communications. You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.
- Relationship of the Parties. You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement.
- Hyperlinks. Linking to our Platform is allowed, however, it must always be done in a way that does not adversely affect our business or implies some form of association when there is none.
- Severability. If any part of these Terms is found to be unenforceable, then only that particular portion, and not the entire Terms, will be unenforceable.
- Assignment. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in these Terms.
- Waiver. Our failure to exercise any of our rights under these Terms shall not be considered a waiver to exercise them in other instances. No waiver shall be effective unless it is in writing signed by us.
- Prevailing Language. If there are any inconsistencies or conflicts between the English original of these Terms and any foreign language translation, the English version shall prevail.
