Please take the time to read these terms and conditions. By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
These terms and conditions (the “Terms and Conditions”, “Terms”) govern the use of https://rememberingthepastaustralia.com/ (the “Site”).
This site is owned and operated by Remembering the Past Australia.
Throughout the Site, the terms “we”, “us” and “our” refer to Remembering the Past Australia. Remembering the Past Australia offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Any new features or tools which are added to the current Site shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
In the event that you breach any of the Terms, we reserve the right to block your use of the Platform and/or terminate your Subscription.
Remembering the Past Australia is an Australian Family History/Genealogy and Australian History website that includes genealogical services, membership subscriptions and ecommerce transactions.
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not attempt to change, add to, remove, deface, hack or otherwise interfere with the operation of the Site or any material or content displayed on the Site.
If you do not have an active Membership Subscription you must not access or attempt to access any Premium Content.
While using this Site you must not:
- Impersonate another person on the Site;
- Provide inaccurate information about your identity on the Site;
- Do anything unlawful, misleading, fraudulent or for an illegal or unauthorised purpose;
- Interfere with or impair the operation of the Site or other individuals’ legitimate use of the Site;
- Use or attempt to use any automated computer program (e.g. a bot or web scraper) to access the Site;
- Enter, upload or post any content to the Site that is bullying, harassing, defamatory, objectionable or explicit in nature;
- Attempt to buy, sell or transfer your Subscription, Member Account or login details to another person;
- Post private or confidential information about yourself or any other person; or
- Use the Site to violate any other person’s rights, including intellectual property or moral rights.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Users may post the following information on our Site:
- Public comments; and
- Private comments in the Member’s Only Area.
By posting on our Site, either publicly or privately, you agree not to act illegally or violate these Terms and Conditions.
If you are not a Member or subscriber, the Site allows you to access all free articles that are not Premium Content. If you are a Member or subscriber, the Site allows you to access all articles, including Premium Content.
4. Content and Intellectual Property
All content published and made available on our Site is the property of Remembering the Past Australia and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
We grant you as a Member or Purchaser of Digital Templates a non-exclusive, non-transferable, revocable, worldwide licence to use, copy and/or exploit our intellectual property rights in template obtained or purchased from our Site for your personal use. This licence allows you to customise the document to suit your needs. However, this licence does not include a right to sub-license, on-sell or re-sell any template or other content obtained from the Site in whole or part.
5. Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
6. Availability and Downtime
We do our best to ensure the Site is accessible at all times. There may be times, however, when the Platform is not accessible or may be degraded due to scheduled maintenance such as software patches, upgrades and configuration changes, disaster recovery operations and/or failures or service degradation of third party systems outside the Site infrastructure.
When you create an account on our Site, you agree to the following:
- You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account;
- All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes;
- You are responsible for all activities that occur under your account; and
- If you lose or forget your login details or notice any suspicious activity associated with your account, you must notify us immediately.
We reserve the right to suspend and terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
7.2 Maintaining your Account
You can edit the details associated with your Account by logging in with your username and password and clicking the ‘My Account’ button on the Site. Your Account details should be kept up-to-date at all times.
7.3 Processing of Personal Data
You must be over the age of 18 to register an account on Remembering the Past Australia. (Refer: Australian Privacy Principles Guidelines, Chapter B: Key Concepts, B.58). By making an account on Remembering the Past Australia you are confirming that you are old enough to consent to the processing of your personal data.
8. Ordering and Purchasing Subscriptions, Products and Services
These Terms and Conditions govern the sale of goods and services available on our Site. The following goods and services available on our site:
- Membership Subscriptions
- Genealogy Services
- Digital Products
- Physical Products
Excluding Genealogy Services, which will be undertaken by agreement, all services will be paid for in full when the service begins.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services or that your computer monitor’s display of any colour will be accurate. You agree to purchase goods and services from our Site at your own risk.
8.2 Membership Subscriptions
You can place an Order for a Membership Subscription by:
- Selecting the subscription option from the Shop on the Site; and
- Clicking the ‘Complete Purchase’ button and making successful payment of the total purchase price.
Doing so constitutes your offer to us to purchase the Membership Subscription at the price indicated.
You can place an Order for a Product by:
- Adding a Product to your ‘cart’; and
- Clicking the ‘Complete Purchase’ button and making successful payment of the total purchase price.
Doing so constitutes your offer to us to purchase the Products in your ‘cart’ at the price(s) indicated.
The acceptance of your Order is conditional on the payment of the associated price. Once we accept your Order, you will be notified via email.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment channel to verify receipt of any refund.
You will be assigned a unique transaction ID when you purchase a product or service from us that will be included on your receipt/confirmation by email. If you contact us about an Order, we may ask you to provide the specific transaction ID.
8.6 Third party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
9. Providing Membership Subscriptions, Products and Services
9.1 Memberships Subscriptions
You can access the Premium Content associated with your Membership Subscription as soon as the total payment has been processed and for as long as the Subscription remains current.
Delivery will take place as soon as reasonably possibly, depending on the product type and delivery method.
Access to digital content (Premium Content) and products is made available as soon as you pay the total price for the Order and the Order is accepted by us.
Physical products will be delivered through standard delivery by post. In most cases delivery takes 5-7 days. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and public holidays.
For physical products, you will be required to pay delivery charges in addition to the price for the goods you purchase.
If you purchase physical products from us for delivery to a destination outside Australia your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Genealogy Services are undertaken by agreement to the scope of work commissioned, which includes, but may not be limited to, the number of hours of research required to complete the task, the agreed format to supply the information, and may include additional costs to purchase certificates or relevant documents. Reports and/or information will be supplied in the time-frame agreed to on condition that the scope of work does not change during the commission. Remembering the Past Australia undertakes to inform you of delays (i.e where there is a delay from a third party to supply certificates or documents) and will take steps to minimise the impact of such.
9.4 Delays outside our Control
When a product is dependent on the provision of goods or services by a third party, there might be delays in providing the content, which could be outside of our control. If this occurs, we will notify you and take actions to minimise the impact of the delay.
10.1 Subscription and Product Pricing
Subscriptions and Products offered on the Site will be clearly marked with their prices. Unless otherwise stated, all prices are in Australian dollars exclusive of GST.
All Payments on this Site are made through the secure payment platform of Paypal.
When you ‘check out’ your cart on the Site you will be provided with payment options by Paypal. By providing Paypal with your payment information, you authorise us to charge the amount due for your Order through this payment channel.
You will be required to pay for a Subscription or Product before you will be able to access or obtain it. After making successful payment of the total price of your cart the Site will generate and automatically email you an invoice for the completed transaction.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
10.3 Membership Subscription Renewal
Your Membership Subscription does not automatically renew. You will be notified before your subscription expires of the expiry date and the details required for you to authorise payment in order for your subscription to continue.
In the unlikely event that a Membership Subscription or Digital Product breaches the Australian Consumer Law consumer guarantee, you may be entitled to request a refund. Otherwise, payments for any Subscriptions or Digital Products are not refundable.
We accept refund requests for physical products sold on our Site if the product is broken or damaged. Refund requests must be made within 7 days after receipt of your purchase.
Services will be fully refunded if the service is cancelled at least 48 hours before the services were scheduled to be provided.
10.5 Returns of Physical Products
If the Returned Product can easily be shipped or returned, then you are responsible for organising for the Returned Product to be returned to us.
If the Returned Product is eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law) then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Product.
In the event that a Returned Product turns out not to be eligible for a repair, replacement or refund under the terms of the Policy (including under the Australian Consumer Law), then you will be required to pay the cost of any inspection, postage, shipping, transportation or collection of the Returned Product.
10.6 Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
11. Limitation of Liability
Our total liability to you under the Terms , in negligence and/or otherwise, is limited to the fees or charges paid for the Subscription(s) and/or Products Ordered which are subject to the relevant claim for loss or damage suffered by you.
Remembering the Past Australia and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Except where prohibited by law, by using this Site you indemnify and hold harmless Remembering the Past Australia and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
These Terms and Conditions are governed by the laws applicable in the State of New South Wales. Both you and we are subject to the jurisdiction of the courts of the State of New South Wales
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by emails of changes to these Terms and Conditions or post a notice on our Site.
Please contact us if you have any questions or concerns. Our contact details are: email@example.com. You can also contact us through the contact form available on our Site.
Effective Date: 12 day of October 2021.