Operative w.e.f. 29 May 2020.
By using TaleTeller or signing up for an account, you’re agreeing to these Terms, which will result in a binding Agreement between you and TaleTeller. You also acknowledge that there is no partnership, joint venture, employment, consulting or other such relationship between you or us.
In order to keep pace with changes in our service, we review our Terms from time to time to make sure they’re up to date. This document contains our most recent update. We encourage you to read them carefully.
- Thank you for choosing TaleTeller (“TaleTeller”, “we”, “us”, “our”). TaleTeller platform provides customized website-based service that enables you to create a chronicle of your life-long journey to be read by generations to come. TaleTeller is a Canada Incorporated Corporation whose legal name is Abdeen & Joshi Inc. d/b/a TaleTeller having its registered address at 805 – 20 Rebecca Street, Hamilton, ON, L8R 0A5.
- These Terms define the terms and conditions under which you’re allowed to use the Service in accordance with the Agreement, and how we’ll treat your account while you’re a Member. You acknowledge that you have read and understood the Terms, accept these Terms, and agree to be bound by them. If you don’t agree with (or cannot comply with) these Terms, you may discontinue the TaleTeller Service or not access any content.
- In order to use the TaleTeller Service and access any Content, you must promise that the information you submit to TaleTeller is true, complete and latest contact and billing information. You also need to ensure that you are 18 years or older.
- By using the Service, you warrant that you won’t use the Service in a way that violates any governing laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise. TaleTeller reserves the right to refuse service, close accounts of any Members, and change eligibility requirements at any time. If you have any questions about our Terms, feel free to contact us.
- The terms used in these Terms would have the following meanings:
- “Account” means (depending on the context) either a Member Account or a Writer Account.
- “Book” means the final compilation whether printed or in an electronic format that is devised by TaleTeller using the Member’s input.
- “Consumer” means an individual who uses Services or Content made available by TaleTeller through its Website or the person acting for oneself or on behalf of the TaleTeller for making a purchase of the TaleTeller Service.
- “Content” means a hardcover book or e-book or any other content or material that is made available through the TaleTeller Service.
- “Editor” means the person-in-charge of determining the final content and design of the Member’s book after completion of the book by the Writer.
- “Fees” means any applicable fees that may be payable by the Member as detailed at https://taleteller.ca/pricing-page/
- “Intellectual Property Rights” means any intellectual property rights in existence now or coming into existence in the future anywhere in the world and includes (but is not limited to) rights in respect of copyright, trademarks (whether registered or unregistered), inventions, patents, designs (whether registered or unregistered), confidential information and know-how.
- “Member” or “you” or “your” or “Tale Teller” means the person who by signing up as the holder of an Account or otherwise contributes in the process of creating a Book;
- “Order” means placing an order using a Credit Card or a Debit Card to purchase the desired book of choice by following the step-by-step process set out on the Website.
- “Personal information” means any information relating to an identified or identifiable individual. This includes name, email address, residential address, phone number, behavioural data, location data, financial information and much more.
- “TaleTeller Service” or “Service” or “TaleTeller” means all associated features and functionalities of the website.
- “Website” means the website at https://taleteller.ca/, including parts or features of that website that can be used or accessed without requiring registration or logging into the Website.
- “Writer” or “Author” (only applicable to Writers of TaleTeller) means the person who uses the Website as the holder of an Account whose efforts are essential to write the book purchased by the Member.
- Acceptance of Agreement
By using the Website, you are deemed to have accepted the Agreement, which shall form a legally enforceable agreement between you and TaleTeller. Your registration as a Member with TaleTeller is subject to this Agreement.
- Amendment to the Agreement
- We may add to, discontinue or revise any of the Terms pursuant to the applicable law by posting revised Terms on our TaleTeller Site. The Agreement may be subject to changes for reasons mentioned herein:
- Improving the existing / adding new functions or features to the Service;
- Incorporating technological advancements to provide improved Service; and
- For legal or regulatory reasons.
- These changes will be informed to you via email from our Team seeking your accord. It is to be noted that your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read about the notice carefully. If you do not wish to continue using the Service under the new version of the Agreement, you may terminate your account by contacting us. Unless you terminate your account, the new Terms will be effective immediately upon posting and apply to any continued or new use of the Service.
- It is your responsibility to visit this page to find any updates that may have been made to the Terms. You hereby agree that TaleTeller shall not be liable to you for any amendments to the Terms.
- Term of the Agreement
The Agreement between you and TaleTeller is achieved when you sign up for an account and agree to these Terms. The Term will continue for as long as you have a TaleTeller account or until you or we terminate the Account in accordance with these Terms, whichever happens first.
- Username and Password
- You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such an account (other than activity that TaleTeller is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.
- Closing Your Account
- These Terms are effective since the date you access the Website and will continue to apply until our relationship with you is terminated.
- Members may terminate their relationship with us by notifying TaleTeller via email at ‘email@example.com’. The services provided by us and the applicable fees shall continue until the Member chooses to close the account, and to cease the use of our Service.
- TaleTeller also reserves the right to terminate your account at any time and for any reason including, but not limited to, a breach of these Terms under the following circumstances:
- if you are found in violation of the governing laws and regulations or breach of this Agreement.
- if we are required to terminate the relationship by law;
- if we receive any notice of your misuse of the Service; or
- if the provision of the Service is no longer commercially viable for us.
- Once your account is terminated, you acknowledge and agree that we will permanently delete your account and all the data associated with it, including your stories. Usernames are unique and can only be used once.
- Using our Service
- The Member shall be allotted one Writer and would get the features described in the plan purchased by the Member. In case the Member requires more hours to complete his/her story with the Writer, there is a provision of buying these extra hours. The Member, if unsatisfied with the Writer allotted, can request for one change in his/her Writer. Once this option is availed, the Writer cannot be changed under any circumstances.
You shall be liable for all action taken by any person that has obtained access to your Account (whether they have authorised such access or otherwise) and agree to notify TaleTeller immediately of any unauthorised use of your Account or other breaches of privacy or security.
- You agree to make the payment of the price set out on the Website against your desired plan at the date of your Order. Payment must be made in Canadian Dollars only.
- We are not liable for any payments that are not completed because of the following reasons:
- Your debit or credit card account does not contain sufficient funds to complete the transactions or the transactions would exceed the credit limit or overdraft protection of the debit or credit card account;
- You have not provided us with correct payment account information;
- Your debit or credit card has expired; or
- of circumstances beyond our control (such as but not limited to, power outages, interruptions of cellular service, overzealous fraud protection rules applied by your payment card brand or acquirer bank, or any other interface from an outside force).
- All payment is exclusive of any taxes or duties imposed by jurisdiction tax law. TaleTeller will not be responsible for any taxes or duties owed by you. The payment made is non-refundable and may be subject to change by notice to you. TaleTeller will not be held liable for refusing to refund the Fees.
- A payment invoice will be generated after successful payment, which will be sent to you via email and which can also be downloaded immediately after the payment is received by us.
- TaleTeller will treat Personal Information as confidential and will make every reasonable effort to keep Personal Information confidential and secure. It will not disclose this information except:
- to TaleTeller’s printing and shipping partner Blurb (https://www.blurb.ca/) and any service provider that TaleTeller works with where necessary to operate the Service (any such persons must agree to equivalent obligations regarding confidentiality and privacy);
- if the Member gives TaleTeller permission to do so; or
- if required or permitted by law.
- Nevertheless, because internet transmissions cannot be guaranteed to be 100% secure in all aspects (including in relation to unauthorised use and disclosure of Personal Information), you acknowledge and agree that you use this Service at your own risk, and you should only proceed to use the Service if you accept this condition.
- Intellectual Property Rights
- TaleTeller does not acquire ownership of any Intellectual Property Rights, including but not limited to the copyright, trade-mark or patent or other proprietary rights of TaleTeller, in respect of any Content posted through the Service, including that created by Writers or other Members. Intellectual Property rights in such Content will always remain with the Member but are licensed on a non-exclusive basis to TaleTeller for the purposes only of providing the Service to Members. TaleTeller will only have the publishing rights for the content created using our Service for 5 years.
- You agree that TaleTeller owns all Intellectual Property Rights associated with the Service and any other materials created by or on behalf of TaleTeller (including but not limited to images, photographs, animations, video, audio, text, software code, functionality, the interface, User feedback and accompanying printed or marketing materials).
- By using the Service, you confirm that any Content you post to the Service will not infringe any other person’s Intellectual Property Rights or any law. TaleTeller will not access or remove your Content unless you provide permission, or TaleTeller suspects you have breached this Agreement or otherwise in accordance with this Agreement.
- Refund Policy
The payment made to TaleTeller to purchase the book is non-refundable.
You agree to indemnify, and keep indemnified, TaleTeller and its Writers against any and all liabilities, costs (including legal fees), claims, demands or damages incurred or suffered from the use of the Service, including (without limitation) as a result of any:
- your access or use of the Service, or Content posted by you or on your behalf through or at the Service;
- violation of any intellectual property or rights of a third party, by you or any person using your Account or username and password (whether with or without your permission).
- Limitation of liability
- YOU AGREE THAT TALETELLER HAS NO LIABILITY TO ANY PERSON, WHETHER UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHERWISE AT LAW FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER OR FOR ANY LOSS OF PROFIT, USE, CONTENT, DATA, OPPORTUNITY, REVENUE OR BUSINESS, WHETHER CAUSED BY ANY MEMBER, TALETELLER, WRITERS OR ANY OTHER PERSONS ACTING ON ITS BEHALF. TO THE EXTENT PERMISSIBLE AT LAW, THE TOTAL LIABILITY OF TALETELLER FOR ANY LOSS ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT, OR THE USE OF THE SERVICE, WILL NOT IN ANY CIRCUMSTANCES EXCEED $100 CAD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- IN NO EVENT WILL TALETELLER BE LIABLE FOR:
- ANY LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES) WHICH IS NOT FORESEEABLE. LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH WE AND YOU KNEW IT MIGHT;
- NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENT CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND TALETELLER’S REASONABLE CONTROL.
- THE TOTAL AGGREGATE LIABILITY OF TALETELLER, WHETHER IN CONTRACT OR TORT, TO IT’S MEMBER OR WRITER UNDER OR IN CONNECTION WITH THE ORDER OR ANY ACTIONS OR INACTIONS OF TALETELLER AND/OR ITS SERVICE PROVIDERS PROVIDING SERVICES ON ITS BEHALF WILL NOT EXCEED IN AGGREGATE THE TOTAL AMOUNT PAID FOR THE ACCEPTED ORDER.
- NOTHING IN THE AGREEMENT REMOVES OR LIMITS TALETELLER’S LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH, OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, AND IF REQUIRED BY APPLICABLE LAW, GROSS NEGLIGENCE.
- THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE RIGHTS UNDER APPLICABLE LAW IN YOUR JURISDICTION WHICH PROVIDES FOR REMEDIES IN ADDITION TO THOSE SET OUT ABOVE.
Unless as otherwise stated in the Agreement, should any provision of the Agreement be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreement, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by TaleTeller or any third party beneficiary to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
- TaleTeller acknowledges it’s legal duty to supply the Service in conformity with this Agreement, and will not have conformed if it does not meet the following obligation.
- Upon delivery of the book, the book will:
- if printed, be in line with the digital version approved by you;
- be of satisfactory quality;
- conform to your description as set out in the Order Confirmation;
Although we aim to deliver your Book(s) in the highest quality possible, we can’t guarantee a book without any errors. With the Member’s final approval of the proof, the Member confirms that he/she accepts the quality of the Book(s) and agrees that no further comments will be entered or changes requested.
- Use of subcontractors etc.
You agree that TaleTeller may use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service and store and manage the Content.
- Force Majeure
- ‘Event of Force Majeure’ shall mean and include any act, situations, cause, contingency or circumstances which are beyond the reasonable control of person (whether or not reasonably foreseeable), including but not limited to any governmental action, regulation order or restriction, change in law, natural disasters like floods, earthquakes, cyclones and weather disturbances, other covered events may include war, terrorist attacks, fire, civil riots, disease or medical epidemics or medical pandemics and curtailment of transportation facilities.
- Both the parties hereto shall be entitled to suspend or excuse performance of its respective obligations under this Agreement to the extent that such performance is impeded by an event of Force Majeure.
- Governing law, mandatory arbitration and venue
We want to address your concerns without needing a formal legal case. Before filing a claim against TaleTeller, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email at firstname.lastname@example.org or by post addressed at 7 Westbourne Road, Hamilton, ON, L8S 3M1, Canada
The notice must:
- include your name, residence address, email address, and telephone number;
- describe the nature and basis of the claim, and
- set forth the specific relief sought.
The notice/reply to your notice by us will be sent to the email address associated with your Account and will contain the information described above. If we can’t resolve matters within thirty (30) days of such notice, either party may initiate a formal proceeding.
- Jurisdiction / Governing Law
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreement (and any non-contractual disputes/claims arising out of or in connection with them) shall be governed by and construed in accordance with the laws of Canada, without regard to choice or conflicts of law principles. The parties shall hence be required to submit to the exclusive jurisdiction of the Canada Courts for any matter arising under or relating to this Agreement.
- Class action waiver
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND TALETELLER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and TaleTeller agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
- Dispute resolution and arbitration and venue
You and TaleTeller agree that any dispute or claim between you and TaleTeller arising in connection with or relating in any way to these Agreements or to your relationship with TaleTeller as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration before a neutral arbitrator whose decision shall be final except for a limited right of appeal. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.
The venue of the arbitration shall be Ontario, Canada.
- Arbitration rules
- Either you or we may start arbitration proceedings. Any arbitration between you and TaleTeller will be finally settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC”) then in force (the “ICC Rules”) by one or more arbitrators appointed in accordance with the ICC Rules, as modified by these Agreements, and will be administered by the International Court of Arbitration of the ICC.
- Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of Ontario, Canada, without regard to choice or conflicts of law principles.
- Time for filing
Any arbitration must be commenced by filing a demand for arbitration within one (1) year after the dispute first arose; otherwise, the dispute will become permanently barred, which means that you and TaleTeller will have no right to assert the claim. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
- Entire Agreement
For any questions pertaining to TaleTeller Service or the Agreement, please contact TaleTeller at email@example.com.