Terms & Conditions

Online Services

Our online services are on a secure site and any information you submit is treated as private and confidential. Before accessing any online services you must carefully read, and agree to, the terms and conditions listed below.

Definitions and interpretations

'cookie' means an electronic file which is placed on your computer automatically to retain your preferences for this site so those preferences can be used next time you visit this site. Cookies used on this site are non-harmful and do not attempt to identify individual users.

'service provider' means Bundaberg Genealogical Association Inc..

'third parties' means any person or agent, excluding us or you, who acts on behalf of an individual person.

'this site' means the equipment, programs, services and systems provided by us or our service providers to allow you to use the online services and access the information provided by us and our service providers.

'use of this site' means your use of all online services and your access to all information provided on this site by us.

'we', 'us' and 'our' means the Bundaberg Genealogical Association Inc. and our successors.

'you' and 'your' means the legal entity or entities using this site.

Terms of agreement

We are the Bundaberg Genealogical Association Inc. (ABN 42 207 044 966). Your access to and/or use of this site is conditional upon your acceptance and compliance with these terms and conditions. By accessing and using this site, you agree to be bound by these terms and conditions.

We have the right to change or discontinue these terms and conditions or any feature of this site at any time without reference to you. It is your responsibility to ensure you are aware of any changes to these terms and conditions each time you visit this site. In using this site, you agree that our electronic record of your use of this site is a true and correct record and will be relied on as such.

You acknowledge and agree that:

- you may be required to indicate your acceptance and approval of information contained in any forms you submit online

- we intend to rely on any forms and attached documents which you submit online as if they were received with signature in hardcopy form.

Warranties and representations

We do not warrant or make any representations and exclude, to the maximum extent permitted by law, all liability as to the following:

- that your system will meet the minimum requirements (as apply from time to time) to enable your use of this site

- in relation to the speed of transmission data

- that your use of this site will be uninterrupted

- that material or services in this site are appropriate or available for use in countries outside Australia; or in relation to, or endorse, the quality or appropriateness of any other third party website which you may access through this site (please see our disclaimer for more information).

We will not be liable to you or third parties for:

- your system's incapacity in using this site

- interruptions or delays to the service whether beyond our control or not

- any non-compliance with foreign and local laws if you use this site outside Australia

- your use of other websites which you may access through this site including in relation to contracting viruses, worms, Trojan horses and other items of a destructive nature.

Disclaimer of liability

We disclaim and exclude, to the maximum extent permissible by law, any terms and conditions implied by law relating to any loss or damage that may be suffered by you as a result of you using this site.

Without limiting the above paragraph, we disclaim and exclude, to the maximum extent permissible by law, all warranties, express or implied, including without limitation any warranty as to the accuracy, quality, context, completeness, availability, reliability or suitability for any purpose, of any information contained in your personal information or accessed through this site.

You agree to release us from all responsibility and all liability in contract, or in tort, or pursuant to any other common law or statutory cause of action whatsoever (including without limitation, liability in negligence) arising under this agreement or in connection with your use of this site, for any loss or damage whether or not reasonably foreseeable, including but not limited to liability for an entity carrying out, or failing to carry out, any activity described in, or contemplated by, any document published by us relating to this site.

Please consult our disclaimer for further details.

Indemnity

You agree to indemnify us and our committee, volunteers, agents and contractors (including sub-contractors) from and against all actions, proceedings, claims demands, costs (including all reasonable legal costs and all reasonable costs associated with defending those indemnified), losses, damages and expenses, and any direct, indirect, incidental or consequential loss or damage, including those arising out of the terms of any settlement, which may be brought against or made upon those indemnified; and  those indemnified may incur on their own behalf or sustain as a result of a third party claim, arising out of or as a consequence of:

- your use of this site

- any breach of this agreement by you; or

-  any wilful, unlawful, or negligent act or omission by you relating in any way to this site.

You acknowledge that this indemnity will continue to take effect after this agreement has been terminated.

Australian units

All dollar amounts at this site are in Australian Dollars (AUD).

Time is provided in Australian Eastern Standard Time (AEST) as it exists in Brisbane, Australia (GMT + 10:00). Please note that Brisbane does not have daylight saving time during summer.

Intellectual property and copyright

Where you use copyright materials obtained from this site, you must keep the copyright notice on the copyright material and attribute the company, organisation or person as the source of the copyright material.

Use of this site

This site is made available only for your personal information. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

You must not provide false or misleading information to us or it may result in prosecution and civil or criminal penalties.

Your personal information

Please read the privacy statement for more information about use of your personal information.

This agreement

This agreement constitutes the whole agreement between you and us, and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.

Contact us

If you have any questions regarding our terms and conditions, our refund policy or if you encounter any problems with this site, please contact us.