Terms and Conditions

Terms and Conditions

1. Introduction

1.1This website is operated by Warwick’s Genealogy Services. Throughout the site, the terms “we”, “us”, “our” and “WGS” refer to Warwick’s Genealogy Services. Warwick’s Genealogy Services 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. These Terms and Conditions shall govern your use of this website

1.2By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

1.3If you register with this website, submit and material to this website or use any of this website services, we will ask you to expressly agree to these terms and conditions.

1.4You must be at least [18] years of age to use this website; by using this website or agreeing to these terms and conditions, you warrant and represent to Warwick’s Genealogy Services that you are at least [18] years of age.

2. Copyright Notice

2.1© 2020 Warwick’s Genealogy Services.

2.2Subject to the express provisions of these terms and conditions:

(a)we, together with our licensors, own, and control all the copyright and other intellectual property rights on this website and all the material on this website; and

(b)all the copyright and other intellectual property rights on this website and the material on the website are reserved.

3. Permission to use website

3.1You may:

(a)view pages from this website in a browser;

(b)download pages from this website for caching in a web browser;

(c)print pages from this website for your own personal and non commercial use, providing that such printing is not systematic or excessive;

(d)stream audio and video files from this website using the media player on our website; and

(e)use this website services by means of a web browser

Subject to the other provisions of these terms and conditions:

3.2Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from this website or save any such material to your computer

3.3You may only use this website for your own personal use; you must not use this website for any other purposes.

3.4Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on this website.

3.5Unless you own or control the relevant rights in the material, you must not:

(a)republish material from this website (including republication on another website);

(b)sell, rent or sub-license material from this website;

(c)show any material from this website in public;

(d)exploit material from this website for a commercial purpose; or

(e)redistribute material from this website.

3.6Notwithstanding Section 3.5 you may redistribute our Newsletter in print and electronic form to any person.

3.7We reserve the right to suspend or restrict access to this website, to areas of this website and/or to functionality upon this website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4.   Misuse of website

4.1You must not:

(a)use this website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b)use this website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)hack or otherwise tamper with this website;

(d)probe, scan or test the vulnerability of this website without our permission;

(e)circumvent any authentication or security systems or processes on or relating to this website;

(f)use this website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g)impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h)decrypt or decipher any communications sent by or to our website without our permission;

(i)conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without our express written consent;

(j)access or otherwise interact with this website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k)use this website except by means of public interfaces

(l)violate the directives set out in the robots.txt file for this website;

(m)use data collected from this website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n)do anything that interferes with the normal use of our website.

4.2You must not use data collected from this website to contact individuals companies or other persons or entities.

4.3You must ensure that all the information you supply to us through this website, or in relation to this website, is true, accurate, current, complete and non-misleading.

5.  Use on behalf of organisation

5.1If you use this website or expressly agree to these terms and conditions in the course of a business or other oganisational project, then by so doing you bind both:

(a)yourself; and

(b)the person, company or other legal entity that operates that business or organisational project,

to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity.

6.   Registration and Accounts

6.1You may be register for an account with this website by completing and submitting the account registration form on this website, and clicking on the verification link in the email that the website will send you.

6.2You must not allow any other person to use your account to access this website.

6.3You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.4 You must not use any other person’s account to access this website, unless you have that persons express permission to do so.

7.   User login details

7.1If you register for an account with our website, we will provide you with or you will be asked to choose a user ID and password.

7.2Your user ID  must not be liable to mislead and must comply with the content rules set out in Section 13; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3You must keep your password confidential.

7.4You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be liable for any losses arising out of such a failure.

8.    Cancellation and suspension of account.

8.1We may:

(a)edit your account details;

(b)temporary suspend your account; and/or

(c)Cancel your account,

at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section 8.1

8.2You may cancel your account on this website using your control panel on this website. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.

9.  Subscriptions

9.1 To become a subscriber to our website services, you must pay the applicable subscription fees during the account registration procedure. We will send you an acknowledgement of your order. The contract between us for the supply of the website services shall come into force upon the issue of the order acknowledgement.

9.2 You will have the opportunity to identify and correct input errors prior to making your order.

9.3 For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on our website in relation to your subscription type.

9.4 We may from time to time vary the benefits associated with a subscription. If in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you any amounts paid to us in respect of any period of subscription after the date of such cancellation.

9.5 At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions your subscription will be automatically renewed and you must pay us the applicable subscription fees, unless you cancel the subscription using the cancellation facility on the website before the date of renewal.

10. Fees

10.1 The fees in respect of our website services will be as set out on the website from time to time

10.2 All amounts stated in these terms and conditions or on our website are GST Free. GST is not charged by Warwick’s Genealogy Services.

10.3 You must pay t us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

10.4 We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

10.5 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

10.6 If you make an unjustified credit card, debit card or other chargeback then you will be liable to pay us, within 7 days following the date of our written request:

(a) and amount equal to the amount of the chargeback;

(b) all third party expenses incurred by us in relation to the chargeback(including charges made by our or your bank or payment processor or card issuer);

(c) an administration fee of AUD 10.00; and

(d) all our reasonable costs. losses and expenses incurred in recovering the amounts referred to in this Section 10.6 (including without limitation legal fees and debt collection fees).

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on you card statement or other financial statement, and make the chargeback as a result, this will constitute an unjustified chargeback for the purpose of this Section 10.6.

10.7 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

10.8 We may at any time set off any amount that you owe to us against any amount that we owe you, by sending you written notice of the set-off.

11. Distance contracts: cancellation right

11.1This Section 11 applies if and only if you offer to contract with us, as a consumer – as an individual acting wholly or mainly outside your trade, business , craft or profession.

11.2You may withdraw an offer to enter into a contract with us though the website, or cancel a contract entered into with us through this website, at any time within the period:

(a)beginning upon the submission of your offer; and

(b)ending at the end of 7 days after the day on which the contract is entered into,

subject to Section 11.3 you do not have to give any reason for your withdraw or cancellation.

11.3You agree that we may begin the provision of services before the expiry of the period referred to in Section 11.2, and you acknowledge that, if we do begin  the provision of services before the end of that period, then:

(a)If the services are fully performed, you will lose the right to cancel referred to in Section 11.2.

(b)If the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section 11.

11.4In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 11, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. to meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

11.5If you withdraw an off to contract, or cancel a contract, on the basis described in Section 11, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in this Section 11.

11.6We will refund money using the same method used to make the payment unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

11.7We will process the refund due to you as a result of a cancellation on the basis described in this Section 11 with put undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.

12. Products and Services.

12.1Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

12.2We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

12.3We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

12.4We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

13. Postage

13.1Warwick’s Genealogy Services will take all necessary care in packaging any product(s) to be posted to ensure it has the best chance of arriving on-time and undamaged.

13.2Warwick’s Genealogy Services will endeavor to have your product packaged and posted within 48 hours of you making the purchase.

13.3Warwick’s Genealogy Services is not at fault and cannot be held responsible for:

(a)your product once it has been posted and is out of our control and in the hands of Australia Post or any other postal service;

(b)The condition your product arrives in; and

(c)The time it takes to arrive.

13.3It is solely the prerogative of Warwick’s Genealogy Services whether or not to replace the product, or offer a refund) if any damage is caused during transit to you.

14. Modifications to Services and Prices

14.1Prices for our products are subject to change without notice.

14.2We reserve the right at any time to modify or discontinue any Service (or any part or content thereof) without notice at any time.

14.3We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a Service or Product.

15.  Third Party Links

15.1Certain content, products and services available via our Service may include materials from third-parties.

15. 2Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

15.3We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

16. Privacy

16.1Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

17.  Disclaimer of Warranties; Limitation of Liability

17.1We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

17.2We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

17.3You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

17.4You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

17.5In no case shall Warwick’s Genealogy Services, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

18. Indemnification

18.1You agree to indemnify, defend and hold harmless Warwick’s Genealogy Services and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

19. Severability

19.1In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

20.  Changes to Terms and Conditions

20.1You can review the most current version of the Terms and Conditions at any time at this page.

20.2We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

21. Competitions

21.1The promoter is: Warwick’s Genealogy Services whose registered office is at 610 Ballarat Rd, Ardeer, Victoria, Australia,3022.

21.2These competitions are open to any paying site member over the age of 18 years except anyone otherwise connected with the organisation or judging of the competition.

21.3Once you are a member there is no entry fee to enter any competition.

21.4By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions. 

21.5Entry is automatic assuming the time conditions have been met. Any paying site member can withdraw from one or all competitions at anytime by notifying WGS via email at: info@warwicksgenealogyservices.com.au.

21.6Only one entry will be accepted per person.

The rules of the competition and how to enter are as follows:

(a) Members will become allegeable to automatically entered into the Loyalty Competitions after 6months continuous and uninterrupted membership.

(b) Cancellation, Suspension or Non Renewal of your membership will result in your not being eligible for participation in these competitions. If you cancel and then renew your membership you will classified as a new member and the length of  your membership will start again from zero (0) months.

(c) After 12 months continuously active membership, each member will automatically go into the next draw (whether it be 6 or 12 months) for as long as their membership is continuously active.

(d) Competitions 3 to 9 will have automatic entry to all members who have active memberships at the time of the draw. Competition details will be available closer to the date of the competition draw.

21.7 WGS reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

21.8 WGS is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

21.9 Winners will be chosen at random by software, from all entries received and verified by WGS and or its agents.

21.10 The winner will be notified by email within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.

21.11 WGS will notify the winner when and where the prize can be collected / is delivered.

21.12 WGS’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

21.13 By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.

21.14 The competition and these terms and conditions will be governed by Australian law and any disputes will be subject to the exclusive jurisdiction of the courts of Australia.

21.15 The winner’s name will be available on the competition page of the WGS website.

22. Contact Information

22.1Questions about the Terms and Conditions should be sent to us at info@warwicksgenealogyservices.com.au.