The Untold Story

ONLINE PURCHASE TERMS & CONDITIONS

This online platform (Platform) is operated by Shannon Percival trading as The Untold Story Pty Ltd [ABN 63 414 231 796] of 36 Broadridge Street Wombarra NSW 2515 or its successors and assignees (we, our or us). It is available at: www.theuntoldstory.com.au and may be available through other addresses or channels or on a platform hosted by a third party.

Throughout these online purchase terms and conditions (Terms). Platform refers to our online or mobile presence and educational materials, regardless of how you access it.

Acceptance

By accessing and/or using our Platform, you warrant to us that you:

  • have reviewed these Terms which also include our Privacy Policy and note that these Terms together form our agreement with you;
  • have the legal capacity to enter into a legally binding agreement with us, or if you are under 18 years of age, you have your parent’s or legal guardian’s permission to access and use the Platform and they have agreed to the Terms on your behalf; and
  • agree to use the Platform in accordance with these Terms.

If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (Minor) to use the Platform, you agree to assume all risks associated with their account and use of the Platform, ensure that the content on the Platform is suitable for the Minor and ensure all information submitted to us by the Minor is accurate.

Contract

When you, as purchaser of goods (you or your) place an order (Order) via our Platform, you will receive an acknowledgement confirming receipt of your order. However, this acknowledgment will not constitute acceptance of your order.

A contract will not be formed between us until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you by email or other form of digital download (Contract).

Your use of our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Pricing

We try and ensure that all details, descriptions and prices that appear on our Platform are accurate, note that errors may occur. Where we become aware of any such error we will endeavour to notify you.

Payment

Payments are to be made by the method you choose from our Platform. The payment method that you choose to use may be subject to additional terms and conditions that are imposed by the applicable third party payment processor. Where a third party payment processor is used, please review these terms and conditions before choosing and using your selected payment method. You will be charged in Australian dollars unless advised otherwise and where applicable, Goods and Services Tax (GST) will be added to the price.

Delivery of digital product

The product on our Platform (which includes access to any relevant third party platform) will be provided to you by email or other form of digital download. You acknowledge and agree that any use of a third party platform means you will be subject to the terms and conditions of that platform as well as these online purchase terms and conditions.

Delivery of physical product

Delivery

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of our Content. Your use of our Site and your use of and access to any Content on our Site does not grant or transfer to you any rights, title or interest in relation to our Site or our Content. You must not:

  • We will ship any physical products purchased on our platform to the address you nominate at checkout using a third-party courier. You must be present at the delivery address to accept delivery of your Order. If you are not present at the delivery address at the time we deliver your order, then a card that we, or our delivery company, will leave at the delivery address will notify you, generally. We may attempt to re-deliver your Order. If you provide an incorrect delivery address or you are not present to accept delivery of your Order after a number of attempts have been made to deliver your Order, we may cancel your Order and provide you with a refund.

Shipping

  • We display shipping information and prices on our website at the time of check out. However, this information may be updated from time to time and changed at our discretion. You should check these terms for updated information each time you decide to place a new order.
  • While we do everything we can to ensure your order is delivered in a timely manner, we will not be liable for any loss or damage incurred by any person as a result of delay caused by our carrier that we have no control over or by any event which is out of our reasonable control or foresight including but not limited to any delay caused by an incorrect delivery address being provided to us.
  • For non-delivery of goods, please notify us by email as soon as possible.
  • If you require express post or faster than standard delivery, you will need to contact us and pay any additional fee required.

Refund policy

Please choose carefully. We do not normally give refunds if you change your mind or make the wrong decision. However, where we are required to provide a refund to you under Australian Consumer Law, you are entitled to a replacement or refund for a major failure.

Limitation on claims

We have no liability to the extent that a failure of the product or service you purchase from us is attributable to any act or omission on your part.

Our liability for failure to comply with a consumer guarantee under the Australian Consumer Law is limited to:

  • in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
  • in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.

Subject to the preceding paragraphs, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation. In all other respects, our total liability for loss or damage of every kind, whether arising pursuant to the Contract or these terms of service or arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, is limited to an amount equivalent to the sum paid by you to us for the goods.

Warranty disclaimer

To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms is hereby excluded. Further, the application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all of the content used on our Platform (Content). We also own all of the Content.

You must not, without the prior written consent of us or the owner of the Content (as applicable):

  • copy or use, in whole or in part, any Content;
  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or
  • breach any intellectual property rights connected with our Platform, including (without limitation) by:
    • altering or modifying any of the Content;
    • causing any of the Content to be framed or embedded in another website or platform; or
    • creating derivative works from the Content.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including reviews (User Content) on our Platform. By making available any User Content to you on or through these methods, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform.

You agree that you are solely responsible for all User Content that you make available on or through our Platform. You represent and warrant that:

  • you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and
  • neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform we use for the Content will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content.

Title and risk

Title in the goods does not pass to you until payment has been received. Risk of loss or damage to the goods passes to you upon dispatch.

Exclusion of competitors

You are prohibited from using our Platform, including the Content, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/ or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Discontinuance

We may, at any time and without notice to you, discontinue our Platform in whole or in part. We may also exclude any person from using our Platform and our Content, at any time at our sole discretion. We are not responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Waiver

Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Entire agreement

The above terms set out in this online purchase terms and conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.

Variation

We may modify these Terms from time to time by posting the amended Terms on our Website. By continuing to use the Website and any associated third party platform hosting our Content after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your account with our Website and any other associated third party platform hosting our Content.

Severance

The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these.

Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Governing law

The laws in force in QLD, Australia govern these terms of service. You agree to submit to and be bound by the exclusive jurisdiction of the courts of that jurisdiction.

Trading name: Shannon Percival trading as The Untold Story [ABN 63 414 231 796]

Address: 36 Broadridge Street Wombarra NSW 2515

Email: admin@caringwithcarers.com.au

Last update: 8 January 2021

OLDER GENERATIONS

Who will remember your story

We have enough stuff, what we don’t have is enough stories

Chances are your family knows some of your stories. They might know the big moments or those moments they’ve been a part of. But what about the untold stories they don’t know.

Maybe it’s memories from your childhood that shaped you. Maybe it’s your teenage years. Your first job. Your first love. Your first-hand experience of times in history that perhaps you’ve alluded to but never really captured or spoken about.

Or perhaps there are some memories they’re not aware of. Sights, evocative smells, taste, desires, fears and more.

Now consider what it would mean to capture those stories, that history, not just for you but for future generations.

The gift of your story is a priceless gift that is so much more precious than ‘stuff’ yet too often we don’t think to record it until it’s too late. Many of us also either don’t have the time or perhaps we’re not sure what questions to ask of ourselves to discover these untold stories.

That’s what we at The Untold Story is all about. Helping you capture, record and commemorate for future generations, your family stories.

family business

FAMILY BUSINESS

Don’t lose the stories in your family business

Family-owned businesses are rich in stories and history. However, as time passes, those stories are forgotten, they pass away with the founder or perhaps they’re known by owners but not shared with your customers.

Storytelling is a powerful way to engage with your customers. To develop trust, connection and to help them resonate with the human side of business.

So many business owners are looking for a story to tell when the answer lies within their history. The trouble is you’re too busy in your business to spend time drawing out the stories and writing them down, perhaps you’re not a storyteller yourself or you don’t know what stories to draw out. Let us do that for you.


CREATE A LEGACY OF FAMILY STORIES

CREATE A LEGACY OF FAMILY STORIES

Chances are you remember some of the stories of your parents’ or grandparents’ childhood Of their teenage years. Their first job. How they met. Highs and lows.

Or perhaps there are some memories you’re not aware of. Sights, evocative smells, taste, desires, fears and more.

Now consider what it would mean to capture those stories, that history, not just for you but for future generations.

The gift of history, of our stories is so much more precious than ‘stuff’ yet too often we don’t think to record it until it’s too late. Many of us also either don’t have the time or perhaps we’re not sure what questions to ask to discover these untold stories.

That’s what we at The Untold Story is all about. Helping you capture, record and commemorate for future generations, your family stories.

children stories 2

CHILDREN'S EARLY YEARS

Don’t wait until you start to forget as your children will one day want to know answers to many questions that were sometime ago.

We also see so much joy in the world! The birth of new babies, the wobbly first steps of a toddler, their momentous first tooth and the Christmas morning overwhelm. We see the waves of exhaustion and elation for new parents, the awe and the love, the delicate movements and careful cradling. So many precious moments and experiences that are fleeting, they are innately limited, and that is what makes them so sweet! They are not things you can hold on to, those experiences cannot be recreated as we age.

But we can capture them, capture the moments, the still images, the recollection of the sounds, tastes, smells, feelings. We can capture it all while the memories are still close. And we can save them for you in a beautiful book that you can treasure and cradle long after the children have grown and flown. Investing in the moments and memories now will be something you will be endlessly grateful for when you are older, and wiser, and long for those vivid memories
and moments.

Capturing a life in a tangible way can be utterly unique, it can be for solemn reasons, for joy and happiness, for love and laughter. The WHY is limitless. The only important question you need to ask is when.