1. General

1.1. These Terms of Use constitute an agreement between you and Remembering the Past Australia, hereafter referred to as the “Provider” and govern your access to and use of this service, including the application, its contents, and all other accompanying materials. By using and accessing this service, you agree to be bound by these Terms of Use.

1.2. These terms must be read in conjunction with the Privacy Policy.

1.3. The Provider reserves the right to change these Terms of Use at its sole discretion at any time.

1.4. If you do not agree to these Terms of Use, please do not use this Service or any part of this Service.

2. Nature of this Service

This site provides a service for digital downloads of content.

3. Purchases

If you wish to purchase any product or service made available through this Service, you may be asked to supply certain information relevant to your Purchase including personally identifiable information.

4. Payments

4.1 The Provider accepts payment through a secure PayPal portal operated by WooCommerce.

4.2 Once a payment has been processed you will have immediate, complete and unlimited access to the digital download and as such no refund will be entered into.

5. Currency

The currency for this Service is quoted in Australian Dollars (AUD) and the price includes GST (Australian GST) for Australian residents where appropriate.

6. Licence Terms and Restrictions

6.1. Digital downloads on this site are brought to you by Remembering the Past Australia.

6.2. Subject to these Terms of Use, the Provider grants to you a non-exclusive and non-transferable right to access and use the Service for personal or business purposes. You shall not, amongst other things, modify, reverse-engineer, decompile, adapt, publish, redistribute or sublicense the Service or any part of the Service without the prior written consent of ….. or the respective third party copyright owners. You also shall not use the Service in violation of any applicable laws or agreements that you have with any third parties.

6.3. The Provider reserves the right to:

6.3.1. Update or modify this Service from time to time;

6.3.2. Deny or restrict access to or use of the Service by any particular person without ascribing any reasons whatsoever; and

6.3.3. Discontinue this Service at any time without notice or liability to you whatsoever, whereupon all rights granted to you hereunder shall also terminate forthwith.

6.4. You will not interfere or attempt to interfere with the proper working of the Service or otherwise do anything that imposes an unreasonable or disproportionately large load on the Provider’s servers.

7. Your Consent to Access Functions of Your Device

Use of the Service may require you to allow access by the Service to certain functions of your device, such as the obtaining and/or sharing of your location, or the collection of data from you in connection with the Service. Please also see the Privacy Policy on the use of Cookies and Log Data. Your use of the Service shall constitute your consent to the access by the Service of such functions of your device as may be reasonably required by the Service.

8. Disclaimers and Indemnity

8.1 The Service is provided on an “as is” and “as available” basis without warranties of any kind. To the fullest extent permitted by law, the Provider does not make any representations or warranties of any kind whatsoever in relation to the Service and hereby disclaims all express, implied and/or statutory warranties of any kind to you or any third party, whether arising from usage or custom or trade or by operation of law or otherwise, including but not limited to any representations or warranties:

8.1.1 as to the accuracy, completeness, correctness, currency, timeliness, reliability, availability, interoperability, security, non-infringement, title, merchant-ability, quality or fitness for any particular purpose of the Service; and/or

8.1.2 that the Service or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected or that this Service, website and the server are and will be free of all viruses and/or other malicious, destructive or corrupting code, programme or macro.

8.2 the Provider shall also not be liable to you or any third party for any damage or loss of any kind whatsoever and howsoever caused, including but not limited to any direct or indirect, special or consequential damages, loss of income, revenue or profits, lost or damaged data, or damage to your computer, software or any other property, whether arising directly or indirectly from –

8.2.1 your access to or use of this Service, or any part thereof;

8.2.2 any loss of access to our use of this Service or any part of this Service, howsoever caused;

8.2.3 any inaccuracy or incompleteness in, or errors or omissions in the transmission of, the Service;

8.2.4 any delay or interruption in the transmission of the Service, whether caused by delay or interruption in transmission over the internet or otherwise; or

8.2.5 any decision made or action taken by you or any third party in reliance upon the Service, regardless of whether the Provider has been advised of the possibility of such damage or loss.

8.3 Insofar as the Service facilitates or requires the provision, use or functioning of, or is provided in conjunction with, other products, software, materials and/or services not provided by the Provider, who makes no representation or warranty in relation to such products, software, materials and/or services (including without limitation any representation or warranties as to timeliness, reliability, availability, interoperability, quality, fitness for purpose, non-infringement, suitability or accuracy).

8.4 You shall not rely on any part of the Service to claim or assert any form of legitimate expectation against the Provider.

8.5 You agree to defend and indemnify the Provider against all liabilities, losses, damages, costs or expenses (including legal costs on an indemnity basis) howsoever arising out of or in connection with your access or use of the Service (including third party software or services) or your non-compliance with the Terms of Use, Third Party Terms or Incorporated Terms, whether or not you had been advised or informed of the nature or extent of such liabilities, losses, damages, costs or expenses.

9. Hyperlinks

9.1 Insofar as the Service provides a hyperlink to material not maintained or controlled by the Provider, who shall not be responsible for the content of the hyperlinked material and shall not be liable for any damages or loss arising from access to the hyperlinked material. Use of the hyperlinks and access to such hyperlinked materials are entirely at your own risk. The hyperlinks are provided merely as a convenience to you and do not imply endorsement by, association or affiliation with the Provider of the contents of or provider of the hyperlinked materials.

9.2 The Provider reserves all rights:

9.2.1 to disable any links to, or frames of, any materials which are unauthorised (including without limitation materials which imply endorsement by or association or affiliation with the provider, materials containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights); and

9.2.2 to disclaim responsibility and/or liability for materials that link to or frame any part of the Service.

10. Privacy Policy

You also agree to the terms of the Privacy Policy for this Service as may be amended from time to time. The Privacy Policy will form part of these Terms of Use.

11. Nature of this Service

Subject to the rights of the Third Parties set out in Clause 4.1, a person who is not a party to this Terms of Use shall have no right under the Contract or otherwise to enforce any of its terms.

12. Governing Law and Dispute Resolution

These Terms of Use shall be governed and construed in accordance with the laws of Australia.

This version of the Terms of Use is dated 15 June 2020.