Terms & Conditions

South Australian Genealogy & Heraldry Society Inc

Terms & Conditions of Membership & Website Use and Access

Terms & Conditions of Membership

By applying for membership or renewal of membership of SAGHS you agree to be bound by the following terms and conditions.

1. Definitions - In these terms and conditions, the following definitions apply:

1.1 “you” or “your” means a member of SAGHS or a person applying for membership or renewal of membership of SAGHS;

1.2. “SAGHS” means the South Australian Genealogy & Heraldry Society Inc.

2.       Your undertakings – You undertake and agree that at all times you will:

2.1.     comply with the Constitution of SAGHS;

2.2.     not engage in any conduct which is contrary to the objectives of SAGHS or which might damage the reputation of SAGHS or its officers, employees, volunteers or agents;

2.3.     comply with any reasonable directions of SAGHS and its officers, employees, volunteers or agents;

2.4.     comply with any conditions of use (e.g website conditions of use, library conditions of use) guidelines or policies which may be published by SAGHS from time to time; and

2.5.     comply with any terms and conditions governing your access to and reproduction or use of any printed, online or other content accessed through SAGHS or as a result of your membership. Without limitation, you will comply with all applicable copyright related restrictions or conditions.

3.       Consent to use of personal information – You consent to:

3.1.     SAGHS recording and storing the information you submit to SAGHS in electronic or other forms;

3.2.     SAGHS’ publication of personal information relating to your membership including (without limitation) publication of your name, membership number and surnames of interest in The South Australian Genealogist or on SAGHS’ website(s);

3.3.     Inclusion of your name and address in the SAGHS communication distribution list and use of these details for communications to you as considered appropriate by SAGHS; and

3.4.     Collection, retention and use of your personal information by SAGHS in accordance with its published Privacy Policy (as amended from time to time).

4.       Membership information and submitted content – You warrant that all information relating to your membership application is true, accurate and complete. If you submit any content to SAGHS, you (a) consent to the use, reproduction and disclosure of that content by SAGHS as considered necessary and appropriate by SAGHS; (b) warrant that the submission of the content by you and the use, reproduction and disclosure of the content by SAGHS will not infringe the rights of any other party; and (c) agree to indemnify SAGHS and its officers, employees, volunteers and agents against any liability, loss or expense any of them may sustain as a result of a breach of this warranty.

5.       Rights to access information – Your right to access, download, use and reproduce any information SAGHS makes available is subject to SAGHS’ then applicable terms and conditions, policies and procedures. SAGHS may alter or suspend your rights relating to some or all information from time to time.

6.       Liability – Subject to any warranties or liabilities that cannot be excluded by law (“non-excludable terms”), all express or implied warranties are excluded. SAGHS liability to you for the aggregate of all claims howsoever arising (including without limitation negligence) is limited to the greater of (i) the amount recoverable from SAGHS from its insurers with respect to the relevant claim; and (ii) the equivalent of one year’s membership fee. In no circumstances will SAGHS be liable for loss of profit, loss of data or for consequential or indirect loss or damages.

Conditions governing access to and use of this web site

Definitions

'password' means any user name, membership number, or other access code required in order to access or use resticted section(s) of this site.

'site' means any part of this and any other web site operated by or on behalf of the Society.

'Society' means South Australian Genealogy & Heraldry Society Inc, officers, members, employees, volunteers, agents, contractors and contributors of site content.

 'use' includes access or use or attempted access or use of any part of the site.

'you' means any person who uses the site.

Scope of these conditions

You must read and agree to these conditions before making any other use of the site.  If you do not agree to these conditions, you must not use the site.  By making any use of the site, you thereby accept and agree to be bound by these conditions. 

These conditions apply to all use of the site including your use of sections of the site which are subject to additional specific conditions.  Your use of any section of the site which is subject to specific conditions is subject to your prior acceptance of those specific conditions.  

Access to and use of some sections of this site may be limited to members of the Society or otherwise restricted. You must not attempt to access and use "member only" or other restricted sections of the site unless you meet all conditions governing such access and use. Where your access to and use of any part of the site is subject to the use of a password, you must keep your password secure and secret and you must not allow anyone else to use your password to access or use any part of the site.

Copyright & limited right to use materials

The Society or third parties own and retain the copyright and other intellectual property rights in the materials found at the site including without limitation web pages, documents, text, designs, graphics, audio and video.  Unless otherwise expressly stipulated by the Society, you may only use the site for your personal use and may only print or make an electronic copy of information available on the site for that purpose.  You must not on-supply any information made available at the site to any other person and in particular, you must not sell or otherwise commercially exploit that content. You must ensure that all copyright notices are retained in any material copied from the site.  Subject to this limited right to use materials, you must not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any materials from the site in whole or in part without the Society's prior written permission.  If you breach any of these conditions, then (without limiting your other liabilities) your authorisation to use the site automatically terminates and you must immediately destroy any downloaded or printed materials.

By submitting any material to the site or to the Society in connection with your use of the site, you thereby assign all intellectual property rights in that material to the Society. You must not submit material to the site if a third party has any intellectual property rights in that material.

Indemnification

You must indemnify the Society and the hosts, operators, developers of and contributors to the site and keep each of them indemnified against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by any of them arising from your breach of these conditions or otherwise howsoever from or in connection with your use of the site.

Third party content

The site may include content or references supplied by users or other third parties ('third party material').  The Society does not monitor and accepts no liability for third party content.  Any opinions, advice, statements, services, offers or other information contained in third party material, are the responsibility of the respective author(s), distributor(s) or providers of that third party material.  The Society makes no representation and gives no endorsement of the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of the content of any third party content provider or the identity, knowledge or qualifications of any third party content provider.  Your access to and reliance on third party content is entirely at your own risk.

References in third party material to any specific products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its sponsorship, endorsement or recommendation by the Society, and such references shall not be used for advertising or product endorsement purposes.

Links to third party web sites

Any links to third party web sites from the site are provided solely as a convenience to you.  The Society makes no representation as to the intellectual property rights of any material available on the linked third party web sites and accepts no responsibility for any broken or redirected links.  The presence of such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked third party web site or its content.  The Society does not review and monitor any linked third party web sites and neither the Society nor its contributors are responsible for the contents, accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any material on any third party web site.  It is your responsibility to evaluate the content and usefulness of information obtained from other sites Your access to and reliance on any third party web site is entirely at your own risk.

Links from other sites to the site

Other sites may only link to the site with the Society's prior written permission.  Search engines may index or otherwise incorporate and deliver data relating to this site without being required to obtain permission.  Subject to this exclusion, any site that links to the site:

  • Must link to the Society's home page
  • Must not replicate the site's content
  • Must not create a browser or border environment around the site's content
  • Must not imply any endorsement by the Society
  • Must not misrepresent its relationship with the Society
  • Must not present false information about the Society's products
  • Must not use the Society's name or logos without the Society's prior written permission

Inappropriate content

You acknowledge that neither the Society nor the hosts, operators nor developers of the site are liable for defamatory, offensive, illegal or inappropriate content available at the site or accessed from the site and that the risk of injury from such content rests entirely with you.

You must not email, post or submit any defamatory, offensive, illegal or inappropriate material or any material containing a virus, worm, Trojan horse or other code that manifests contaminating or destructive properties.

Viruses

The Society cannot and does not guarantee or warrant that any files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus detection, accuracy of data input and output and for maintaining an appropriate means for the reconstruction of any lost data.

Security & availability

There are many inherent risks involved in operating a web site and transmitting information over the Internet. Unauthorised access and faults in computer systems and networks can and do occur which may result in the interception, corruption, alteration, non-delivery, incorrect delivery or loss of information transmitted over the Internet.  Consequently, the Society is unable to warrant that the site will be free from such risks or that your use of the site will be uninterrupted or error free.

Warranties/accuracy of information

The Society does not attempt to exclude any conditions, warranties, rights or remedies which you may have pursuant to the Trade Practices Act 1974 or other legislation to the extent that those rights and remedies can not be excluded by agreement ('non-excludable rights').  The Society's web-site provides information on an "as is" basis.  Subject to any non-excludable rights, all express or implied conditions or warranties of any kind (including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses and non-infringement of proprietary rights) are excluded.

Information and advice offered by or on behalf of the Society is offered in good faith but, subject to any non-excludable rights, all warranties regarding accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any information are hereby excluded.  This disclaimer applies to both isolated and aggregate uses of the information.

Liability arising from use of the site

Subject to any non-excludable rights, your use of the site is entirely at your own risk. In no event will the Society be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the site, or arising from your purchase or inability to purchase any goods or services promoted on the site, whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages. Without limitation, this exclusion of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of any material.

If circumstance arise where you are entitled to claim damages from the Society notwithstanding the provisions of these conditions (for example, pursuant to any non-excludable rights), the Society's liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from the Society) is limited to the provision of the information, products or services again or payment of the cost of providing the information, products or services again (at the Society's election).

Sale of goods or services

Unless otherwise stipulated by the Society, any sale of goods or services from the site is subject to the following conditions:

  • Fulfillment - The Society will endeavor to provide excellent, accurate and fast fulfillment of any orders placed using the site.   However, the Society is not liable for delays caused by suppliers, postal and courier companies or any other circumstances.
  • Membership - Prospective members should make their own enquiries before purchasing a membership of Genealogy SA. We do not refund memberships simply because you changed your mind, or could not find any particular information.
  • Currency - All transactions are in Australian Dollars. If any amounts are shown in other currencies these are only indicative and may vary due to exchange rate variations at the actual time of transaction.
  • Credit Card Use - If credit card payment is facilitated by the site, the Society undertakes to use Credit Card details only as specified by you in relation to purchases made on the site.  Illegal use of credit cards is a serious crime.  The Society will report any suspicious activity and disclose all relevant evidence to credit card companies and law enforcement authorities.
  • Identity fraud - You must not impersonate any person or entity or enter a fictitious name or purport to be authorised to represent any entity if that entity has not authorised you to do so in connection with your use of the site.
  • Errors in description or pricing - Errors may occur in the description or pricing of products or services offered on the site.  The Society may cancel any transaction if any such error occurs, notwithstanding any confirmation of an order or acceptance of payment.
  • Any supply of goods or services by the Society is subject to any express written warranties offered by the Society or a third party.  Subject to any non-excludable rights, all other express and implied warranties relating to such goods and services are hereby excluded and the provisions of the above clause (Liability arising from use of the site) apply.
  • The provision of any research or advisory or information services or assistance by or on behalf of or through the Society or this site will be governed by these terms and conditions except to the extent of any inconsistency with more specific terms and conditions of the Society relating to such services (in which case the more specific terms and conditions will take precedence to the extent of any inconsistency)

Governing law

The site is administered by the Society from offices in Adelaide, Australia.  These conditions and your use of the site and any disputes between you and the Society shall be governed by and construed in accordance with the laws of the State of South Australia, without giving effect to any principles of conflicts of law.  Any legal proceedings arising out of or in connection with the use of the site must be commenced in the appropriate court in the State of South Australia.  You are solely responsible for ensuring that your use of the site is not prohibited and complies with your local laws.

Severance

If any provision of these conditions is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these conditions and shall not affect the validity and enforceability of any remaining provisions. Changes to site content and access rights

The Society may modify the content, nature or accessibility of the site as and when it sees fit.  These conditions will continue to apply even if you cease to be permitted or able to use the site.

Revision of these conditions

The Society may revise these conditions at any time by updating this web page. You are bound by such revisions and should therefore regularly revisit this page to review the then current conditions by which you are bound.  Your continued use of the site after a revision of these conditions evidences your acceptance of that revision.