Terms of Service

 

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Legal agreement

Visitors to AustralianPlays.org (“user”, “you”, “your”) may only use this website if they agree to comply with the following terms which represent a binding legal agreement between the user and the Australian Script Centre ABN 63 439 456 892 trading as Australian Plays (“Australian Plays”, “we”, “us”, “our”). Use of this website indicates acceptance of this agreement.

 

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Amendment to this agreement

We may amend the terms of this agreement at any time without notice. By using this website you are agreeing to the Terms of Use current at the time of use.

 

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Registered users

A visitor can become a "Registered User" of AustralianPlays.org by setting up a password-protected profile. You will be required to select a username and password when registering your account. We reserve the right to refuse any username that we decide is inappropriate. We reserve the right to refuse a Registered User profile to any person at our sole discretion.

We care about your privacy and you can read our privacy policy if you would like to know how we handle your personal information.

 

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Passwords

You are responsible for actions made on the website using your password, including any products purchased or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you, or any other person.

You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must change it immediately.

 

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Payment methods

Products and services on AustralianPlays.org can be purchased using a valid credit card, through our eWay or PayPal payment gateway. Use of PayPal and eWay is covered by their own Terms and Conditions, available at PayPal and eWay. Any information submitted to them is covered by their Privacy Policy available at PayPal and eWay.

Invoices issued through AustralianPlays.org are subject to an administration fee, which is specified at the point of purchase and may be waived only at our discretion.

Invoices are issued via email and are payable within 14 days of receipt. Goods are submitted for dispatch upon confirmation of payment.

Invoices that remain unpaid after 30 days will be automatically deleted.

 

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Pricing

The price you pay is fixed at the time of ordering. All prices are listed in Australian dollars and are inclusive of GST. If placing an order from outside Australia you will be charged in your own currency at the conversion rate of your credit card company or, where applicable, at the conversion rate set by PayPal.

All orders are subject to price and availability confirmation from the relevant supplier(s). If we cannot source the product for the originally advertised price then we reserve the right to cancel your order.

 

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Cancellations

You may not cancel an order once it has been submitted.

You acknowledge that, despite our reasonable precautions, products may be listed at an incorrect price, with incorrect information or may be unavailable. This may be due to an error or similar oversight. We reserve the right to cancel an order in that event.

We may also cancel an order if we believe that it is being made in contravention of this agreement, or in contravention of the rights of any person or any law.

We may cancel an order even if it has been confirmed and the customer’s credit card or PayPal account has been charged or funds have been received by cheque or direct deposit. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will immediately return the amount in question to the customer’s credit card, PayPal account or bank account.

 

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Delivery

Physical goods

Delivery of physical goods will be made by postal service and will be paid for by the customer at the price indicated at time of purchase. A handling fee may also be charged and will vary depending upon the size, price and publisher of the product.

For standard delivery of hard copy titles, allow up to 14 days. Although we usually better this, please wait 14 days before contacting us about your order. For customers outside Australia, please allow up to 21 days for receipt of goods.

You must notify us within 6 weeks of dispatch date as recorded in your account if you have not received an item. After this time no refund will be issued for any missing orders.

Electronic goods

Delivery of electronic goods will be via a hyperlink, provided upon completion of the purchase process and also contained within your order confirmation email. Simply click on the link or enter it into your web browser to start the download.

You are licensed to print one copy only unless you have purchased an additional Copy Licence. Electronic copies should not be kept nor should you forward the link or electronic file as these activities may result in an illegal breach of copyright.

 

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Refunds and replacement

Change of mind or customer error

If you have changed your mind or made an error in the selection of goods, we require notification within 5 business days from receipt of goods.

We are not obliged to provide a refund or replacement due to change of mind or customer error; however, we will consider these requests, which can be made via our Contact Us page. If we do agree to your request, all items must be returned in original condition, including sealed / shrink-wrapped items where applicable. Shipping and delivery costs will not be refunded for change of mind requests. When correcting customer error, any additional delivery costs will be passed on to the customer.

We do not provide returns or refunds in relation to digital products and services when you have changed your mind.

Damaged or incorrect items

If you received a damaged or incorrect item, we require notification within 5 business days from receipt of goods. You are entitled to a refund in relation to the goods purchased OR a replacement product which is identical or of similar value if reasonably available.

 

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Cover Images

The images on our website are intended as a guide only. AustralianPlays.org does not fill orders for physical goods directly and we are unable to guarantee the cover image that arrives from the supplier will match the image listed on this site. Publishers can have various cover designs for one ISBN so images can change without notification. Receipt of a cover that differs from the edition listed on this site does not constitute sufficient grounds for a refund.

 

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Making copies

The publications available on this site are protected by Australian and international copyright law. Before making copies of these scripts or performing a play, you have a legal obligation to obtain permission.

For works in PDF format only, AustralianPlays.org is authorised to collect and distribute licence fees for photocopying, in accordance with the following terms, on behalf of playwrights and publishers whose works are sold on the website:

  1. Copyright in the work remains the property of the playwright, under licence to the Australian Script Centre trading as AustralianPlays.org.
  2. This licence does not authorise the Licensee to perform all or any part of the work. Performance rights must be obtained separately, from the playwright or their representative.
  3. This licence does not permit electronic reproduction or distribution of the work, including but not limited to digital media (e.g. CD/DVD/USB), email, online storage/retrieval systems, website downloads or intranets.
  4. This licence does not authorise the Licensee to on-sell printed copies produced under the licence.
  5. It is a condition of this licence that the playwright's moral rights will be upheld by the Licensee in all of their uses of the work under this licence. Specifically:
    1. Right of attribution: this is the right of the author to be identified and named as the author of his/her work;
    2. Right against false attribution: this is the right of the author to prevent others to be identified and named as the author of his/her work;
    3. and
    4. Right of integrity: this is the right of the author to ensure that his/her work is not subjected to derogatory treatment. The Australian Copyright Act defines derogatory treatment as any act in relation to the work that is in any manner harmful to the author's honour or reputation.
  6. The Licensee will not make any alteration to any part of the work.
  7. The Licensee will take all reasonable steps to safeguard against inappropriate use and management of the work so as to ensure compliance with the terms of this licence.

 

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Reporting inappropriate content

In some instances, we do not manually screen content before it is displayed on the website so occasionally users may locate content that breaches this agreement.

Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

Please help us by letting us know straight away about any inappropriate, or potentially inappropriate, content you see on the website.

 

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Specific warnings

You must ensure that your access to and actions at AustralianPlays.org is not illegal or prohibited by laws that apply to you.

You must take your own precautions to ensure that the process that you employ for accessing this website and the material within does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.

We do not accept liability for any losses arising directly or indirectly from a failure to provide the agreed service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Australian Plays website service, or any transmissions by others in contravention of the registered members’ obligations as set out in this agreement.

You acknowledge that we may not be able to confirm the identity of other registered members or prevent them acting under false pretences or in a manner that infringes the rights of any person.

 

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Intellectual property rights and licence

All intellectual property rights in this website (including the software and systems underlying the site, and text, graphics, logos, icons, and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under, the Australian Copyright Act 1968 (Cth) and similar legislation that applies in your location, and except as expressly authorized by this agreement, you may not in any form or by any means:

 

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Linked websites

This website contains links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links to other websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

 

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Disclaimer

We do not represent or guarantee that the Australian Plays website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to these websites or our services will be uninterrupted.

You acknowledge that our service or this website may be affected by outages, faults or delays. Such outages, faults or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.

We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

  1. if the breach relates to goods:
  1. if the breach relates to services:

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

 

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Indemnity

You agree to indemnify, defend and hold us, our suppliers, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from: (i) your breach of this agreement; (ii) any allegation that any materials that you submit to us or transmit to the website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the website. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.

 

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Security of information

No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.

 

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Termination of access

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

 

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Governing law

This agreement is governed by the laws in force in Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

 

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Arbitration

Any controversy or claim arising out of or in connection with this agreement may, at our discretion, be settled by binding arbitration under the rules for the Conduct of Commercial Arbitration of the Institute of Arbitrators of Australia applicable at the time of submission. You agree to be bound by the ruling arbitrator. Each party is entitled to legal representation at any arbitration.

 

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General

We accept no liability for any failure to comply with this agreement where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

You may close your account at any time by writing to us requesting account closure.

 

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Free scripts

When registering an account on AustralianPlays.org, a Registered User agrees to the Terms and Conditions of our "Free Script" (or "Reward Points") program.

For the purposes of calculating and awarding free scripts, the user agrees that:

$1 = 1 point. 
100 points = 1 free script credit

Free script credits may be used to redeem single scripts from the Australian Script Centre’s catalogue only. This does not include collections, anthologies or titles made available by other publishers represented on AustralianPlays.org.

Points are accrued only when the user is signed in to their AustralianPlays.org profile account. Points will not be applied for previous purchases or purchases made whilst not logged into your AustralianPlays.org profile account.

Points and free script credits accrued in your profile account have no monetary value and cannot be transferred to another profile account.

We make no representations or warranties with respect to the quality, content or suitability for any purpose of scripts provided under the program.

Fraud or abuse relating to the earning of points and/or redemption of free script credits may result in forfeiture of points and credits as well as cancellation of the profile account. If you close your AustralianPlays.org profile account or if we cancel your account with reasonable cause, any points and free script credits accrued by that account will be forfeited and will not be capable of transfer, conversion or redemption.

We may add reward benefits and make non-material changes to these terms at any time without giving prior notice to you. We may make other material changes to these terms and conditions by giving you at least 30 days notice.