Terms of Service
Last updated: 24 June 2025
1. Introduction and Acceptance
These Terms of Service ("Terms") govern your use of www.twospoonpress.com (the "Website") operated by Two Spoon Press ABN number99563781869 ("we," "us," "our," "Company"). By accessing or using our Website, you agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, you must not use our Website.
2. Definitions
"Account" means your registered user account on the Website
"Accessible Format" means content formatted for screen readers, alternative text, large print, audio, or other assistive technology compatibility
"Content" means all text, images, audio, video, software, and other materials available on the Website
"Disability Verification" means self-identification confirming disability status for membership eligibility
"First Publication Rights" means the exclusive right to publish a work for the first time in any format
"Intellectual Property" includes copyright, trademarks, patents, trade secrets, and other proprietary rights
"Journal" means our biannual accessible PDF literary publication featuring works by disabled writers
"Manuscript" means any written creative work submitted for publication consideration, including poetry, fiction, non-fiction, and experimental forms
"Membership" means paid subscription access to our tiered services and benefits
"Publishing Rights" means legal permissions for reproducing, distributing, and selling written works
"Services" means all services provided through the Website including manuscript submissions, on-demand videos, publishing services, membership services, workshops, and related offerings
"Simultaneous Submissions" means submitting the same work to multiple publications concurrently
"Subsidiary Rights" means additional rights including translation, film, audio, digital, and international format rights
"User Content" means any content you submit, upload, or share on the Website, including manuscripts, workshop contributions, and community discussions
"Workshop" means our monthly online writing workshops exclusive to members, including live sessions and slides shared with participants
"Writers Chat" means the private online community platform for member networking and support
3. Eligibility and Membership
3.1 Age Requirements
You must be at least 18 years old to use our Services. If you are between 13-17 years old, you may only use our Services with verifiable parental consent.
3.2 Membership Benefits
Membership Includes:
Access to downloadable PDFs from our literary journal
Complimentary access to select on-demand courses
Free participation in live Zoom workshops
Access to our community chat
Discount codes for premium on-demand courses
3.2 Account Creation
To access certain features, you must create an account by providing:
Accurate and complete registration information
A valid email address
A secure password
Payment information
3.3 Account Security
You are responsible for:
Maintaining the confidentiality of your login credentials
All activities that occur under your account
Immediately notifying us of any unauthorised use
Ensuring your account information remains current and accurate
3.4 Account Termination
We reserve the right to suspend or terminate your account and refund your remaining membership if you:
Violate these Terms
Provide false or misleading information
Engage in fraudulent or illegal activities
3.6 Financial Accessibility Program
If standard membership fees present a financial hardship, please email [your email] to discuss alternative arrangements within your means. Options may include:
Contributing guest blog posts
Providing services or skills exchange
Reduced-rate membership based on circumstances
4. Permitted Use and Restrictions
4.1 Permitted Uses
You may use our Website to:
Browse and read published content
Submit creative work in accordance with our submission guidelines
Purchase access to courses we offer
Participate in community discussions and forums
Share content through social media
4.2 Sharing and Distribution Restrictions
Prohibited Sharing: Members (individual and organisational) are strictly prohibited from sharing, distributing, or providing access to membership-exclusive content (including courses, PDFs, workshop recordings, and discount codes) to non-members. This includes but is not limited to:
Sharing login credentials
Downloading and redistributing course materials
Forwarding discount codes to non-members
Screen recording or copying protected content
Why This Matters: Membership revenue directly supports our writers. Unauthorised sharing undermines our ability to compensate contributors fairly.
4.3 Organizational Membership Sharing
Organisations with organisational memberships may share membership-exclusive content (courses, PDFs, workshop recordings, and discount codes) with employees, staff members, volunteers, students, or other individuals who are officially affiliated with the subscribing organisation.
Content sharing is limited to:
Current members engaged to work for the subscribing organisation only
Internal use within the organisation's official activities
Educational or professional development purposes aligned with the organisation's mission
Organisations may not share content with:
Individuals outside their organisation
Their own paying members/subscribers (who must purchase individual memberships)
Other organisations (even partner or affiliated organizations)
Former employees or members after their affiliation ends
General public or non-affiliated third parties
Organisation Responsibility: The subscribing organisation is responsible for:
Maintaining current lists of eligible individuals
Ensuring departing members lose access to shared content
Monitoring compliance with these sharing guidelines
Notifying us of significant changes in organisational structure or membership
Individual vs. Organisational Accounts: Individuals within organisations with organisational memberships may still purchase individual memberships for personal access that continues beyond their organizstional affiliation.
4.3 Prohibited Uses
You must not:
Violate Laws: Use the Website for any illegal purpose or in violation of state and federal laws
Infringe Rights: Upload content that infringes copyright, trademark, or other intellectual property rights
Spam/Abuse: Send unsolicited communications, spam, or engage in abusive behaviour
Technical Interference:
Attempt to gain unauthorised access to our systems
Use automated tools to scrape or harvest content
Introduce viruses, malware, or harmful code
Commercial Misuse: Use the Website for unauthorised commercial purposes. All commercial use must be approved in advance.
Impersonation: Impersonate any person or entity or misrepresent your affiliation
4.3 Content Standards
All User Content must:
Be original work or be properly licensed
Be created by human authors with any artificial intelligence assistance clearly declared, including specific details of what AI tools were used and for what purposes (e.g., brainstorming ideas, editing for grammar, formatting assistance, research, etc.)
Not contain confidential information of third parties
Meet professional and ethical standards
5. Manuscript Submissions and Publishing
5.1 Submission Process
When submitting manuscripts:
Follow our published submission guidelines
Ensure your work is original and you own all rights
5.2 Submission Rights
By submitting content, you grant us:
Non-exclusive right to review and consider your submission
Limited right to reproduce submissions for evaluation purposes
Right to provide feedback and editorial suggestions
Right to retain submission records for our business purposes
5.3 Publication Rights
If we accept your work for publication:
Specific publication terms will be outlined in a separate agreement
You retain copyright in your original work
We acquire specified publication and distribution rights
Payment terms will be clearly defined
5.4 Rejection and Response Times
We aim to respond to submissions within 4 weeks
Rejection does not require an explanation
You may resubmit revised work
We are unable to provide editorial feedback. We are a small time and cannot provide personalised feedback at this time.
6. Intellectual Property Rights
6.1 Our Content
All Website content (excluding User Content) is owned by us or our licensors and protected by Australian and international copyright laws, You may not reproduce, distribute, modify, or create derivative works without written permission.
6.2 User Content Ownership
You retain ownership of content you submit, subject to:
Rights granted to us in these Terms
Licenses granted for specific publications
Third-party rights in collaborative works
6.3 License to Use Website
We grant you a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes in accordance with these Terms.
6.4 Copyright Infringement
We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA). To report copyright infringement email us at contact@twospoonpress.com
Include in your notice:
Identification of the copyrighted work
Location of infringing material on our Website
Your contact information
Statement of good faith belief
Statement of accuracy under penalty of perjury
Your physical or electronic signature
7. Video Access and Hosting Terms
All videos are hosted exclusively within our secure member portal.
7.1. Access Upon Membership Changes
Some courses/workshops are provided complimentary as part of your ongoing membership. Access to these terminates when membership expires or is cancelled.
Access to purchased courses continues regardless of membership status
Videos cannot be downloaded for offline viewing but remain accessible through our platform while terms are met
7.2 Technical Requirements
Stable internet connection required for video streaming. We are not responsible for access issues due to user's technical limitations.
8. Privacy and Data Protection
8.1 Privacy Policy
Our collection and use of personal information is governed by our Privacy Policy.
8.2 User Responsibilities
You agree to:
Provide accurate personal information
Update information when it changes
Respect the privacy of other users
Not collect or harvest other users' personal information
9. Payment Terms and Refunds
9.1 Pricing and Payment
All prices are displayed in Australian dollars (AUD) unless otherwise stated
Payment is due immediately upon purchase, unless otherwise agreed in writing
We accept major credit and debit cards, PayPal, digital wallets like Apple Pay, and buy now, pay later options like Afterpay and Klarna
Prices may change without notice, but confirmed orders honour the original price
9.2 Taxes
You are responsible for all applicable taxes, duties, and assessments, except for taxes on our income.
9.3 Refunds and Cancellations
Digital Products:
Generally no refunds due to immediate delivery
Exceptions for technical issues preventing access
Must request refund within 48 hours of purchase
Services:
Partial refunds may apply for unused portions
Professional services and workshops are generally non-refundable once delivered
10. Third-Party Services and Links
10.1 Third-Party Integrations
Our Website uses third-party services including:
Squarespace hosting and website building tools
Payment processors (Stripe, PayPal)
Analytics services (Google Analytics)
Social media platforms
Email marketing services
10.2 External Links
We may link to third-party websites for your convenience. We are not responsible for:
Content on external websites
Privacy practices of third parties
Products or services offered by external sites
Technical issues with third-party services
10.3 Third-Party Terms
Your use of third-party services is subject to their respective terms of service and privacy policies.
11. Disclaimers and Limitation of Liability
11.1 Website Availability
We strive to maintain Website availability but do not guarantee:
Uninterrupted or error-free operation
Freedom from viruses or harmful components
Accuracy or completeness of content
Compatibility with all devices or browsers
11.2 Content Disclaimers
Content is provided for informational purposes only
We do not endorse User Content or third-party content
Professional advice should be sought for specific situations
We do not guarantee the accuracy of user-submitted information
11.3 Limitation of Liability
To the maximum extent permitted by Australian law:
We are not liable for:
Loss of profits, data, or business opportunities
Actions of third parties or external websites
Our total liability for any claim (except consumer guarantees) is limited to the amount you paid us in the 12 months preceding the claim
11.4 Australian Consumer Law
Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, term, or condition implied by the Competition and Consumer Act 2010 (Cth) or other applicable consumer protection laws that cannot be lawfully excluded.
12. Indemnification
You agree to indemnify and hold harmless the Company from any claims, damages, or expenses (including reasonable legal costs) directly arising from:
Your deliberate violation of these Terms
Your illegal use of the Website
User Content you submit that infringes third-party rights
Your intentional violation of any third-party rights
Your willful misconduct in connection with the Website
Exceptions: This indemnification does not apply where:
Our negligence or wrongful conduct contributed to the claim
The claim arises from normal, permitted use of the Website
Australian Consumer Law otherwise prohibits such indemnification
Limitation: Our right to indemnification is subject to your rights under Australian Consumer Law and other applicable consumer protection legislation.
13. Termination
12.1 Termination by You
You may terminate your account at any time by:
Using account deletion tools on the Website
Contacting our customer support
Sending written notice to our address
13.2 Termination by You
You may terminate your account at any time by:
Using account deletion tools on the Website
Contacting our customer support
13.3 Termination by Us
Immediate Termination: We may terminate your access immediately without notice if you:
Engage in illegal activities through the Website
Seriously threaten the security or integrity of our systems
Repeatedly violate these Terms after receiving warnings
Termination with Notice: We may terminate your access with reasonable notice (minimum 7 days) if you:
Materially breach these Terms (with opportunity to remedy where possible)
Violate intellectual property rights
Engage in conduct harmful to other users
Process: Where reasonably possible, we will:
Provide specific details of the breach
Allow reasonable opportunity to remedy non-serious breaches
Give written notice via your registered email address
Exceptions: Nothing in this section limits our rights where immediate action is required to prevent serious harm, illegal activity, or system security threats.
13.4 Effect of Termination
Immediate Effects:
Your right to use the Website ceases immediately
You lose access to member-only content and services
Data and Content:
User-initiated termination: You have 30 days to download your content before deletion
Termination for cause: We may delete content immediately after 7 days notice
Termination by us without cause: You have 30 days to retrieve your content
Refunds:
Processed according to Australian Consumer Law requirements and our refund policy
Pro-rata refunds may apply for unused portions of paid services
No refund reductions where termination was our decision without cause
Surviving Terms:
Intellectual property rights, privacy obligations, and dispute resolution provisions continue after termination
Payment obligations for services already provided remain due
14. Dispute Resolution
14.1 Governing Law
These Terms are governed by the laws of Western Australia, Australia, without regard to conflict of law principles.
14.2 Jurisdiction
Small Claims: Disputes under $10,000 may be heard in the consumer's local small claims tribunal or court
Larger Disputes: Subject to the jurisdiction of Western Australia courts, unless inconvenient or unfair to the consumer
Consumer Rights: Nothing prevents consumers from taking action in their local jurisdiction where permitted by law
14.3 Dispute Resolution Process
Before initiating legal proceedings, we encourage:
Step 1: Contact our customer service to resolve issues informally
Step 2: If unresolved, engage in good faith negotiations
Step 3: Consider mediation through a recognised dispute resolution service
Step 4: Legal action as a last resort.
15.1 Right to Modify
We may modify these Terms, provided changes:
Do not materially reduce consumer rights under Australian Consumer Law
Are reasonable and necessary for the stated purposes
Cannot retrospectively affect existing paid services
15.2 Notice of Changes
Significant Changes: We will notify you by:
Email to your registered address
Prominent website notice
In-app notifications (if applicable)
Minor Changes: Will be posted on the Website with an updated "Last Modified" date.
15.3 Acceptance of Changes
Significant Changes: Require explicit acceptance (email confirmation or continued use after 30 days notice)
Minor Changes: Continued use constitutes acceptance
Material Changes to Paid Services: Existing customers may continue under previous terms for current billing period
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and us.
16.2 Severability
If any provision is found unenforceable, the remaining provisions continue in full force and effect.
16.3 Waiver
Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.
16.4 Assignment
We may assign our rights with 30 days notice, provided the assignee:
Maintains equivalent consumer protections
Is subject to Australian Consumer Law
Honors existing consumer rights and obligations.
16.5 Force Majeure
Force majeure protection is limited to reasonable duration and does not excuse refund obligations or consumer guarantee compliance.
16.6 Survival
Provisions that by their nature should survive termination will continue, including intellectual property rights, indemnification, limitation of liability, and dispute resolution.
By using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.