TERMS AND CONDITIONS

Disclaimer

The content of this website is provided for information purposes only.  No claim is made as to the accuracy or currency of the content on this site at any time.

Playlab endeavours to provide accurate information on the Playlab website. However, Playlab cannot guarantee this, and accepts no liability for any information or advice given via its website.

Playlab does not make any warranties about the accurate or completeness of information provided on the Playlab website, or any other website that is accessible using a hyperlink from this website. This may include errors caused by factors such as technical inaccuracies, typographical errors, or viruses. Playlab does not represent that the information published on this website is free of infection by computer viruses or other contamination.

Playlab does not accept responsibility for any loss or damage, however caused (including through negligence), that a user may directly or indirectly suffer in connection with their use of this website or any linked website, nor do Playlab accept any responsibility for any such loss arising out of a user’s reliance on information contained on or accessed through the Playlab website.

Playlab reserves the right to amend/change/update the information published on the Playlab website at any time. Information found on the Playlab website is not considered to constitute a contract and may change without notice. No item, content or data of any type, on the Playlab website will be deemed to constitute as an offer to contract.

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

For a breach relating to products:

the replacement of the physical products or the supply of equivalent products;

the repair of such products;

the payment of the cost of replacing the products or of acquiring equivalent products; or

the payment of the cost of having the products repaired; and

For a breach relating to services:

the supplying of the services again; or

the payment of the cost of having the services supplied again

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

Agreement

Visitors to playlabtheatre.com.au(“user”, “you”, “your”) may only use this website if they agree to comply with the following terms and conditions which represent a binding legal agreement between the user and the Playlab ABN 93 451 499 194 (“Playlab”, “we”, “us”, “our”). Use of this website indicates acceptance of this agreement.

1.1 Amendment to these Terms and Conditions

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

Registered Users

A visitor can become a “Registered User” of playlabtheatre.com.au 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.

2.1 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.

2.2. Termination of Access

We may terminate access to the Playlab website at any time without notice.  However, our disclaimer will withstand any such termination.

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

3.0 Purchasing via Our Online Store

3.1 Payment Methods

Products and services on playlabtheatre.com.au can be purchased by using a valid credit card via Stripe or via PayPal payment gateways. Use of PayPal and Stripe is covered by their own terms and conditions of service, available via their official websites. Any information submitted via these gateways is covered by the respective privacy policies available via PayPal and Stripe.

Invoices issued by Playlab may not reflect prices advertised on the online store and may attract additional fees.

Invoices issued via email from Playlab are to be paid within 30 days of issue. Goods will be dispatched upon receipt of payment unless otherwise specified in writing by a Playlab staff member.

Invoices that are still unpaid after 30 days of issue will be deleted.

3.2 Pricing

All prices listed on playlabtheatre.com.au are inclusive of GST unless otherwise specified. If purchasing outside of Australia you will be charged in your own currency at a conversion rate set by your credit card company, or where applicable, Stripe or PayPal.

Playlab reserves the right to change prices listed on our website at any time, for any reason without prior notice.

3.3 Cancellations

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

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 Stripe or Paypal account has been charged or funds have been received by direct deposit. Playlab maintains this right until the delivery of the product to the customer. Playlab will return the amount in question to the customer’s credit card or Stripe or Paypal account if this type of cancellation occurs after the customer has been charged for the product.

3.4 Delivery Methods

Physical Products

Physical products will be delivered by postal service at the price indicated at time of purchase and will be paid for by the customer. An additional handling fee may be charge depending on the size, price and publisher of the physical product.

The standard delivery time for hardcopy titles is up to 14 days inside Australia and 21 days for deliveries outside Australia. Contact Playlab after these given waiting periods if you have not received your order.

Notification to Playlab about missing orders must occur within the six-week period from the dispatch date recorded in your account. No reimbursement will be made after this period for any missing orders.

Digital Products

Digital products will be delivered through a hyperlink contained within the order confirmation email. Clicking on the link or entering the link into your web browser will start the download. The link is accessible for only a limited period of time. Contact Playlab if you are experiencing any problems with accessing digital products.

Unless you have purchased a Photocopy Licence, you are not permitted to print any copies of the works. Digital copies should not be forward, duplicated or on-sold as these activities may result in an illegal breach of copyright.

Damaged or Incorrect Products

Notification of damaged or incorrect products must be received within 5 business days from the receipt of the items. Playlab will replace the damaged or incorrect items with identical products or with products of similar value if reasonably available.

Different cover art on the physical products to the images on the Playlab website does not constituent as an incorrect product. Cover designs can change for one ISBN and we are unable to guarantee that the cover image that arrives will match the publication listing on the Playlab website.

4.0 Performing or Copying the Plays

All publications offered on this site are protected by Australian and international copyright law. Before performing a play or making copies of the scripts, you are legally obliged to obtain permission.

For digital publications, Playlab is authorised to issue Photocopy Licences for printing works in PDF format, in accordance with the following terms:

Copyright in the work remains the property of the playwright.

Playwrights receive royalties from the sale of Photocopy Licences.

Photocopy Licensees are not authorised to perform all or any part of the work. Performance rights must be obtained separately from the playwright or their representative for any performance or public reading of any text. All inquiries concerning performance rights, publication, translation or recording rights should be addresses to Playlab, PO Box 3701, South Brisbane B.C., QLD 4101. Email: info@playlabtheatre.com.au.     

Photocopy Licences do not include the rights to on-sell copies of the scripts printed under the licences.

Photocopy Licences do not permit electronic reproduction or distribution, including but not limited to digital media (such as CD, DVD, USB), email, online storage/retrieval systems, website downloads or intranets.

Photocopy Licenses are not available for hardcopy scripts.

Educational institutions covered by a Copyright Agency Limited (CAL) licence should take note that their CAL licence only allows them to copy a maximum of one chapter or 10% of a script whether it is in digital or hardcopy format.

The playwright’s moral rights will be upheld by the Photocopy Licensee in all their uses of the work under the Photocopy License in the following ways:

Right of attribution: the playwright will be identified and named as the author of their work;

Right against false attribution: the playwright can prevent others from being identified and named as the author of their work;

and

Right of integrity: the playwright can ensure their work is not subjected to derogatory treatment. The Australian Copyright Act 1968 (Cth) defines derogatory treatment as the doing of anything in relation to the works that is in any way detrimental to the author’s honour or reputation.

The Photocopy Licensee will not make any alterations to any part of the work.

The Photocopy Licensee will take all reasonable steps to prevent inappropriate use and management of the works in order to ensure compliance with the terms of a Photocopy License.

5.0 Inappropriate Content and Security

In some cases, the content located on this website may be unintentionally in breach of this agreement. If inappropriate content is displayed, please report the matter immediately to Playlab.

The list of inappropriate content includes, but is not limited to, content that is slanderous or disparaging towards particular people, races or religions, or that infringes upon the copyright or intellectual property of any person or company, or is disturbing, explicit, indecent, harassing, abusive, harmful, threatening, offensive of privacy or public rights, abusive or otherwise objectionable.

Accessing and using the Playlab website must be in accord with the laws that apply to the user. The responsibility for precautions against the risk of viruses, malicious computer software, or other form of damage and interference to the user’s computer system when accessing the Playlab website lies with the user. Playlab does not accept any responsibility for any interference or damage to any computer system that occurs in relation to using the Playlab website or any other linked website.

Playlab does not accept any form of liability for any losses occurring directly or indirectly from any security breaches, corruption to or loss of data, failure to provide the agreed service, any interruptions, discontinuation or suspension to the Playlab website service, or any personal, financial or other data transmission by others in contravention of the registered users or guests’ obligations as specified in this agreement.

No data transmission over the internet can be guaranteed as totally secure and accordingly, we cannot warrant or ensure the security of any information that you provide to us over the Internet. Please note that you transmit information at your own risk.

All users of the Playlab website accept that Playlab may not be able to confirm the identity of other people that access and use this website or prevent people from acting under false pretences or in a way that infringes the rights of any person.

6.0 Copyright Terms of Use

This website is copyright protected. Except as permitted by the copyright law applicable you and the conditions prescribed under the Australian Copyright Act 1968 (Cth), you may not reproduce, adapt, store or communicate any content or information, products or services, on any part of this website, including files downloadable from this website, without the permission of the copyright owner.   

You agree not to remove any product identification, copyright notices or legends or other notice or proprietary restrictions from any of the material or information contained in this website.     

Certain names, words, titles, phrases, logos, icons, graphics, or designs to the pages of this website may constitute trade names or unregistered trademarks of Playlab. The display of any trade names or trademarks on our webpages does not imply that any licence has been granted to any third party in respect to the same. All other products or company names and devices, logos, icons, graphics or designs referred to on our webpages are trademarks of their respective owners and are displayed only in such a manner as is intended to be for the benefit of such trademark owners and Playlab intends no infringement of such trademarks. All rights not expressly granted herein are reserved by Playlab.

We may change these terms of use from time to time. Check before re-using any content from this website.

6.1 Links to Third Party Websites

The Playlab website may contain links to third party websites. These links are provided as a service for your convenience and information only and may not remain current or be maintained.

Playlab is not responsible for privacy practices or the content, products or services available through third party websites.

The provision by Playlab of links to other websites is not to be construed as an endorsement, approval, authorisation or recommendation by Playlab of the owners or operators of those websites, nor as evidence of any endorsement by Playlab of any information or content contained on those websites, unless and to the extent stipulated to the contrary.

Playlab will not be liable for any privacy breach occurring as a result of your access to and/or use of any third party websites. Playlab shall have no liability in respect of material hyperlinked to its web pages which may be misleading, inaccurate, defamatory, threatening or obscene or otherwise not in accordance with such regulations as may be from time to time in force.

It is not permitted to create a link to the Playlab website without Playlab consent.

7.0 Indemnity and Liability

In the event that you directly or indirectly breach this agreement, or any materials that you submit or transmit to Playlab and its website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party, or any other of your activities in connection to this website incur any claims, damages, losses, liabilities, cost (including legal fees) or other expenses, you agree to indemnify, defend and hold Playlab and its employees and directors harmless from and against any and all claims, damages, losses, liabilities, costs (including legal fees) or other expenses that arise. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.

Playlab accepts no liability for any compliance failure to this agreement where such compliance failure is due to events beyond our reasonable control.

Playab may in one instance waive any of our rights under this agreement, however, this does not equate to Playlab automatically relinquishing its rights on any other instance.   

If any part of this agreement is considered to be invalid, unenforceable or illegal for any reason, the rest of the agreement will completely remain.

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