Terms of Use

Updated: 10 JuMay, 2017AEST

Effective: 1st July, 2013 AEST

1. About these Terms of Use

These Terms of Use apply to the website at www.comwriter.com (Website), which includes the ComWriter online application on the Website (ComWriter). The Website is operated by Composeright Pty Ltd (ABN 84 903 592 252) (we/us).

By using the Website or ComWriter you accept these Terms of Use, and a binding agreement is formed between us and you incorporating these Terms of Use.

If you do not accept these Terms of Use, do not use the Website or ComWriter.

2. Using ComWriter

You may use ComWriter if you comply with these Terms of Use.

You must open an account with us before you can use ComWriter (see section 4 below). You may need to pay us fees and charges to use ComWriter (see section 8 below).

Using ComWriter does not make you the owner of any intellectual property rights in ComWriter or the content you access using ComWriter. You must not use content from ComWriter unless you obtain permission from the content owner or you are otherwise permitted by law. These Terms of Use do not entitle you to use any trademarks, branding or logos appearing on ComWriter.

3. Content you create

We do not claim ownership in the content you create using ComWriter, including the projects you author using ComWriter.

ComWriter allows you to share the content you create with other users of ComWriter. By sharing content with other users, you grant us a licence to publish, communicate and distribute that content with those users. This license continues even if your account is cancelled.

More generally, you grant us a worldwide licence to use the content you create so that we can operate and improve the Website and ComWriter (such as for hosting and storage of your content). This licence does not give us the right to use your content otherwise than is necessary for us to operate and improve ComWriter, and we will not share your content with third parties without your permission.

You must not use ComWriter to create any content that:

  • is not substantially your own creation, unless you have permission from the content owner to reproduce or copy their content;
  • infringes any intellectual property rights of us or any third party; and
  • contains or refers to any materials or matters that we believe are socially or morally inappropriate (such as pornography, graphic violence, animal abuse, use of illicit drugs or weapons), or content that is inciting, defamatory, denigrating or discriminatory against any group or individual.

We may immediately and without notice remove from ComWriter any content that you create, without us incurring any liability, if the content does not comply with these Terms of Use.

4. Your account

You can open an account with us using the online registration facility on the Website.

You may only open an account under these Terms of Use as an individual. You may not open more than one account in your own name. You must confirm your acceptance of these Terms of Use during the registration process. You must provide complete and correct information in relation to your account at all times.

Organizations and companies interested in using ComWriter can contact our sales team at  support@comwriter.com to discuss enterprise licensing opportunities for ComWriter.

If you are under 18 years old, you must have your parent or guardian open an account on your behalf and your parent or guardian must confirm acceptance of these Terms of Use during the registration process.

You must keep your account details secret and secure. You are solely responsible for the user activity that occurs in relation to your account. You must notify us immediately if you become aware of or suspect any breach of security or unauthorized use of your account. Although we will not be liable for any loss you suffer as a result of unauthorized use of your account, you may be liable for any loss we suffer.

5. Education accounts – no longer applicable

6. General restrictions on use

You must not use the Website or ComWriter to do or attempt any of the following:

  • on-supply or resell the Website or ComWriter;
  • remove, obscure or alter any legal notices displayed on the Website;
  • interfere with or disrupt use of ComWriter by other users;
  • cause harm (whether financial or not) to us or our affiliates;
  • damage, disable, overburden or impair the Website or any networks connected to the Website;
  • access the Website using any automated process or service (such as a bot or spider) without our permission;
  • engage in, facilitate or further any unlawful conduct; and
  • solicit or advertise to other users of ComWriter for commercial purposes.

7. Cancellation of your account

Your account will continue to stay open unless it is canceled in accordance with these Terms of Use or closed by you.

You may request cancellation of your account by contacting us at support@comwriter.com or by using the online facility. A delay may occur between the date you contact us and the date we process your request and effect cancellation of your account. We may cancel your account (including any alias accounts) with or without notice if you breach (or if we have reason to believe you may breach or you intend to breach) any part of these Terms of Use.

Cancellation of your account will automatically and immediately result in termination of the agreement between us and you regarding your use of the Website and ComWriter. However, cancellation of your account will not in any way affect your obligations under of section 7 of these Terms or Use, which obligations will survive any termination of the agreement between us and you.

8. Payment

Once any initial free trial period has expired (if applicable), you will need to pay us a subscription fee to be able to use ComWriter in relation to your account. The monthly or annual subscription fee you need to pay depends on the type of account you open with us, as shown on the Website. Prices shown on the Website are in Australian dollars and include GST (unless expressly stated otherwise). We may from time to time vary the prices shown on the Website without notice, in which case price variations will apply to all subsequent subscription fees that become due and payable by you under these Terms of Use. You should check the Website regularly for current prices.  If prior to your next monthly or annual subscription payment being due, you change the type of account that you have (by upgrading or downgrading) and such change results in a change to the amount of your monthly or annual subscription fee, on the date that you make the account change (Change Date) you will be billed in full for the monthly or annual subscription fee applicable to your new plan.  Within 30 days of the Change Date you will then receive a pro-rata refund in respect of the pre-paid but unused portion of days of your previous plan (calculated from the Change Date).

Monthly and annual subscription fees are payable in advance prior to using ComWriter for the first time (unless an initial free trial period applies to your account).  If an initial free trial period applies to your account, the subscription fee for the first month or year will be due and payable immediately after the trial period expires.  If you have registered for a free trial, your free trial days commence immediately upon your registration.

Following your initial monthly or annual subscription fee payment, the subscription fees for each month or year after the first month or year will be due and payable immediately after the previous month or year expires.  Annual subscription fees are payable by you in full in advance for each year, or any part thereof, during which your account remains open.

Sometimes we offer “free days” promotions, which if validly redeemed will grant you a specified number of free days to use your account.  To redeem these promotional offers you must enter the valid promotional code when you register for the first time, or if you already have an account, within your account details where indicated.  If validly redeemed you will receive the associated free days (e.g.,  an extra 15 days), which will be applied to the end of the billing cycle in which the promotion is redeemed (so that your next monthly or annual subscription fee will be pushed out by the number of free promotional days redeemed in that billing cycle).

We only accept payments by debit card or credit card. You authorize us to charge your payment method on and from the date any fees and charges become due and payable by you under these Terms of Use. The monthly or annual subscription fee you need to pay depends on the type of plan you select, as shown on the Website. Prices shown on the Website are in Australian dollars and include GST (unless expressly stated otherwise). We may from time to time vary the prices shown on the Website without notice, in which case price variations will apply to all subsequent subscription fees that become due and payable by you under these Terms of Use. You should check the Website regularly for current prices.  If prior to your next monthly or annual subscription payment being due, you change the type of account that you have (by upgrading or downgrading) and such change results in a change to the amount of your monthly or annual subscription fee, on the date that you make the account change (Change Date) you will be billed in full for the monthly or annual subscription fee applicable to your new account.  Within 30 days of the Change Date you will then receive a pro-rata refund in respect of the pre-paid but unused portion of days of your previous account (calculated from the Change Date).

9. Returns policy

We will not provide you with a refund if you change your mind and decide to stop using the Website or ComWriter.

If you are an Australian consumer, you may have statutory rights under the Competition and Consumer Act 2010 (Cth) regarding the goods and services we supply you in relation to the Website. In that case. we will meet our statutory obligations to you as an Australian consumer. Except for these statutory obligations, we do not accept returns or provide refunds for the goods or services we supply you in relation to the Website.

10. Variation of these Terms of Use

We may vary these Terms of Use from time to time. Situations where we may vary these Terms of Use include:

  • if variation is necessary due to applicable law or a change in applicable law;
  • if variation is necessary for technical reasons or to facilitate the availability of ComWriter; and
  • if variation is to your advantage or variation is not to your disadvantage.

These Terms of Use apply as varied from time to time to all subsequent use by you of the Website or ComWriter.

11. Information

All information on the Website is subject to change without notice and is provided on an “as is” basis. You rely on such information at your own risk. We take reasonable steps to ensure the accuracy and currency of information on the Website but, to the extent permitted by law, we do not guarantee that information is correct, accurate or current or that your use of the Website will be uninterrupted, secure or error-free.

12. Links to third party websites

The inclusion in the Website of any hyperlinks or other pointers to any third party websites or applications does not imply our endorsement or approval of such third parties or their websites, products or other activities.

13. Users outside Australia

The Website may be accessed from within Australia and throughout the world. We make no representations or warranties that the Website complies with the laws of any country other than Australia. If you access the Website outside Australia, you do so at your own risk and you are solely responsible for complying with the laws in the place from where you access the Website.

14. Privacy

Our Privacy Policy explains how we collect, use, disclose, store and grant access to personal information about you in relation to the Website.

15. General legal terms

These Terms of Use are governed by the laws in force in Queensland, Australia and you submit to the non-exclusive jurisdiction of the courts in Queensland, Australia.

These Terms of Use contain the entire agreement between us and you in relation to your use of the Website and ComWriter. Invalidity of any provisions in these Terms of Use does not affect any other provisions.

To the extent permitted by law, we will not be liable to you for any special, indirect or consequential loss, damage or other claim in relation to your use of the Website, including in relation to any failure or technical issues that limit or prohibit your use of the Website.

Despite the security measures we employ on the Website, we will not be liable to you for any direct or indirect damage or loss (including consequential loss) suffered by you as a result of any fraudulent or unauthorized use by another person of your payment method in relation to your account.

You indemnify us and our officers, employees, agents and contractors against any liability, loss (including consequential loss), damage that we suffer, or claims against us in relation to any breach by you of these Terms of Use or any unlawful, illegal, negligent or tortious act or omission by you in relation to your use of the Website. Any delay or failure by us to enforce any rights under these Terms of Use does not constitute waiver.

Focus on the writing, ComWriter will handle the rest.