Historia Terms and Conditions

Effective from 1 January 2024

G’day! Welcome! Hello!

These terms and conditions (the "Terms and Conditions") govern the use of our site, www.historia.com.au (the "Site"). This Site is owned and operated by ABN: 52 310 698 341.  By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to always abide by them.

This extends to our Privacy Policy which can be found on our website.

Please note that the Site has no affiliation to and is not connected in any way to the children’s story book,Historia and The Three Bears.

These Terms and Conditions apply to anyone who accesses the Site.

Please also note that:

THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.

You must be at least 12 years old to use the Site. If you do not meet this age restriction, further use of this Site will be presumed to be under the knowledge of a consenting parent or guardian.

You must read our Terms and Conditions as well as our Privacy Policy and accept both to continue using this Site. Please do not buy the Historia product if you do not accept both policies.

General Uses

By using our Site, you agree to only do so in a way that is permitted by law. Examples of improper use of our Site include but are not limited to:

Privacy Policy

Due to the nature of the content provided by our customers, we take privacy very seriously. Please find our Privacy Policy on our website and make sure you understand and agree to it before you continue using our Site.

Accessibility

We acknowledge that storytelling should not be limited to those who are physically able to navigate our Site. Please head over to our Accessibility statement to check out more.

Intellectual Property

All content published and made available on our Site is the property of the contributors (you). This means that you retain full ownership of the stories and content you upload to Historia. This includes, but is not limited to images, text, logos, documents, downloadable files, and anything that contributes to the composition of our Site. Any pre-existing infrastructure including Site IP, domain names, logos, and branding is owned by the Site.

Acceptable Use

As set out above under “General use”, If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site without a refund. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

Accounts

When you create an account on our Site, you agree to the following:

  1. Being solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
  2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We reserve the right to suspend or terminate your account without a refund if you are using our Site illegally or if you violate these Terms and Conditions.

Sale of Goods And Services

These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk. We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.

Third Party Goods and Services

Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

Subscriptions

Historia is a subscription. You will be automatically billed $10 per month after the initial 12-month purchase until we receive notification that you wish to order your book/s or cancel the subscription.

To cancel your subscription, please do so in your account settings or by contacting us.

Payments

We accept the following payment methods on our Site:

When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument. If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

Shipping and Delivery

When you purchase Historia from our Site, the digital goods will be delivered to your chosen email address

Physical goods can be ordered using your one book credit or by purchasing additional copies.

Delivery will take place as soon as reasonably possible. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and public holidays.

You will be required to pay delivery charges in addition to the price for the goods you purchase.

If you purchase goods from us for delivery to a destination outside Australia your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

Refunds

Refund requests for the initial 12-month access to Historia must be made within 14 days of purchasing.

We do not accept refunds for the $10 per-month subscription at the completion of the 12-month access. It is up to you to order your book or notify us of any cancellations.

Consumer Protection Law

Where the Australian Consumer Law, Schedule 2 of theCompetition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

Limitation of Liability

Historia and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Historia and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law

These Terms and Conditions are governed by the laws of the State of New South Wales.

Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and Historia are unable to resolve any dispute through informal discussion, then you and Historia agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Historia. The costs of any mediation or arbitration will be shared equally between you and Historia.

Notwithstanding any other provision in these Terms and Conditions, you and Historia agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

Contact Details

Please contact us if you have any questions or concerns.

Our contact details are as follows:  [email protected]