Terms and Conditions – Geelong Historical Society

An Introduction to and Explanation of our Terms and Conditions

There have been requests from members to explain these Terms and Conditions. The following “Explanation” is my best effort to do this. Please note that this introduction and the explanation do not form part of Terms and Conditions and any dispute as to the meanings attached should refer to the document itself. The Geelong Historical Society’s website Terms and Conditions are based on a document developed by Development Victoria.

Michael O’Donnell Acting Secretary Nov 8, 2024.

Explanation

The purpose of requiring Users to accept the Terms and Conditions as a condition of using the website is to protect the intellectual property of the Geelong Historical Society Inc and to limit any liability that the society or its Committee Members may face in the event of a dispute. It is the society’s aim for members and the general public to have access to the content of the website and to find its content useful. At the same time, the society also wants to be transparent about its activities and processes.

1. Your Acceptance – This explains that the Geelong Historical Society Inc (GHS) owns and operates the website but that it uses a service operated by VentraIP. While the GHS allows users to use the content on the website, it still asserts its ownership. These terms may change and it is a user’s responsibility to check if this has happened.

2. Content – This explains to users that content will change over time. It is the user’s responsibility to check the accuracy and completeness of any content. The society is not liable for any loss suffered resulting from use of the content or error within it. Any complaint should be made in writing to the GHS and our only liability is to review the complaint and the GHS will solely determine what actions to take.

3. Links – This alerts users to the fact that content on the site links to other internet websites and the GHS is not responsible for such content. It also requires users to not use techniques that pass off GHS content as their own.

4. Access and Communication – It informs users that the GHS is bound by Victorian and Australian consumer law. However, the GHS can not guarantee that users will have access to the site. The GHS may, at their discretion, remove content or a user’s access to the site. It alerts the user to the fact that the GHS uses commercial technology and external services that they do not own nor have control over. The GHS can not guarantee the security or confidentiality of any communication using these services. The GHS is not liable for any loss suffered by users.

5. Privacy – The GHS respects the privacy of users of the website. Users should read the Privacy Policy which explains that users can request what information the society holds on them. If requested a user may have this information deleted. In doing so, users must understand that their ability to fully use the site may be compromised. It alerts the user that in some rare circumstance not all data may be able to be deleted.

6. Intellectual property – This alerts users to the fact that the GHS asserts its ownership of the content and that if they use this material in other settings they should identify the society’s copyright of the material.

7. Website licence and use – Users are allowed to use the content on the website, subject to some restrictions which are outlined in the next section (Section 8).

8. Prohibited uses – This section lists the prohibited uses. It makes clear that individuals must respect the rights of other users and to treat people lawfully at all times and must not engage in any illegal activity.

9. Disclaimer of warranties and limitation of liability – This section tries to protect the GHS in the event of a dispute.

10. Indemnity – This sections requires users to accept personal responsibility for their use of the website and to indemnify the GHS in the event of some loss or injury suffered as a result of that use of the website.

11. Jurisdiction and law – This section says that in the event of a legal dispute it will be resolved using Victorian and Australian Law.

12. Severability – Each section of the Terms and Conditions stands on its own and all apply. If a court were to rule that one section is invalid it does not invalidate any other sections.

13. Contacting us – If you have questions about the Terms and Conditions contact the Secretary of the GHS.

Geelong Historical Society Inc Website Terms and Conditions

1. Your acceptance

a. This website (Website) is owned and operated by the Geelong Historical Society Inc (GHS) and is hosted by VentraIP, on a server in Australia. These are the terms on which GHS permits users to access and use the Website, including services and functionality made available through it, and information, graphics, images, comment, text, or other material on it (Content).

b. You agree to be bound by these Terms by using, browsing or accessing the Website or any Content.

c. GHS may from time to time review and update these Terms, including to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.

2. Content

a. GHS may, but is not obliged to, monitor, block, modify or remove any Content without notice, and will not be liable in any way for doing so. The Content is subject to change at any time without notice and may contain errors.

b. The Content is for general information purposes only, and your use of, or reliance on, it is at your sole risk. GHS does not warrant or make any representations as to any Content or any third party products or services described or referred to on the Website. While care has been taken in preparing the Content, neither GHS nor any of its officers, agents, suppliers or contractors will be liable for any loss or damage, resulting from use of or reliance on the Content, or for its accuracy, currency and completeness.

c. You are solely responsible for any Content that you communicate or otherwise provide over the Website. You warrant and represent that any such Content that you communicate or otherwise provide will not violate these Terms or the Privacy Policy and is accurate, current and complete.

d. Any complaint regarding Content must be in writing to The Geelong Historical Society Inc., whose sole obligation will be to review the complaint and, if it sees fit, in its sole discretion, modify or remove the particular Content.

3. Links

a. The Website may contain links to other websites. GHS provides those links for your convenience only, as a ready reference for searching related content on the internet. GHS does not endorse (and is not responsible or liable for) those websites, their operators, functionality, content or the goods and services that they describe or make available.

b. Other web sites which are linked to the Website (including Twitter, Google, Facebook, YouTube or Instagram) are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these linked sites, you do so at your own risk and subject to those third party terms and conditions and privacy policies. GHS is not responsible for and will not be liable in respect of any incorrect link to an external web site.

c. You are not permitted to frame the Website without GHS’s prior written permission.

4. Access and communication

a. Subject to any applicable law which cannot be excluded (including under the Australian Consumer Law), GHS does not warrant that you will have continuous access to the Website. GHS will not be liable if the Website is unavailable due to computer downtime. GHS may at any time modify, discontinue, temporarily suspend or permanently remove this Website, any/all of the Content, or your access to this Website, with or without notice, for any reason (including, but not limited to, security reasons or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms). We will not be liable to you or any third party for any such modification, suspension or discontinuance.

b. GHS does not guarantee the delivery of communications over the internet as such communications rely on third party service providers. Electronic communication (including electronic mail) is vulnerable to interception by third parties and GHS does not guarantee the security or confidentiality of these communications or the security of the Website.

c. GHS does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility or liability for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

5. Privacy

Any personal information submitted by you to the Geelong Historical Society is subject to and will be handled in accordance with the GHS privacy policy (Privacy Policy). The Privacy Policy (as amended from time to time) forms part of these Terms and is set out here. You agree that, by using the Website or communicating with GHS, you have read the Privacy Policy, understood its contents, consented to its requirements and agreed to its terms.

6. Intellectual property

a. All intellectual property rights, including copyright and patents, in the Website and its Content, GHS’s goods and services, and all components of them are owned or licensed by GHS unless otherwise indicated. You must not copy, modify or transmit any part of the Website except as permitted in clause 6(b) below.

b. Subject to the restrictions specified in clause 8, you may save, print and reproduce pages from the Website solely for your personal information, research or study, but you must not modify those copies and you must include the GHS copyright notice “© Geelong Historical Society” on all copies.

c. The Website contains trademarks, logos, service names and trade names (Trade Indicia) of the Geelong Historical Society or third parties which may be registered or otherwise protected by law. These include the GHS logo. You may not use any Trade Indicia appearing on the Website.

7. Website licence and use

GHS grants you a non-exclusive and non-transferable licence to use the Website for your own personal or business use subject to the restrictions specified in clause 8. You may not download (other than page caching) or modify the Website or any portion of the Website. Any Content that you post on the Website or otherwise provide or communicate to GHS will be treated as non-confidential and non-proprietary information.

8. Prohibited uses

In using the Website you must not:

a. engage in any commercial activity including marketing, advertising or commercial promotion of goods or services, resale, collect and use any product lists or pricing for the benefit of other merchants, data mine or use robots or other data collection methods;

b. impersonate or falsely claim to represent a person or organisation;

c. defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy, confidentiality and publicity;

d. post, link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or

e. post, link to, or otherwise distribute any information, material or item which contains a virus, trojan horse, worm or other harmful or disruptive component.

9. Disclaimer of warranties and limitation of liability

a. GHS does not provide you with legal, financial or other advice through the Website or the Content. You should obtain independent legal and financial advice before acting or relying on any Content or functionality of the Website.

b. GHS utilises up to date technology in an attempt to eliminate any computer virus infecting any information, material or content transmitted from or in connection with this Website. However, GHS does not guarantee or warrant that the Content, this Website, the servers on which it operates, or any third party website will be free from viruses, worms, “Trojan Horses,” or other destructive materials. GHS is not responsible or liable for any damages or harm caused by such features and neither it nor any of its partners or third party suppliers warrant that this Website, any third party website or any function of either of them will be uninterrupted, secure or error-free, or that defects will be corrected. Any downloading by you of any product, service or Content through use of this Website or any third party website is undertaken at your sole risk and you will be solely responsible for (and should take your own precautions against) any resulting damage to your computer system or loss of data.

c. To the fullest extent permitted by law and subject to any applicable law that cannot be excluded:

GHS will not be liable for any direct, indirect, incidental, consequential or special damages (including, but not limited to, any lost profit or anticipated savings) arising out of or in connection with the Website, Content, conduct of any user, links to/from the Website and goods and services advertised or accessible through the Website (together, “Claim Subject Matter”);
GHS excludes all warranties, whether express, statutory or implied, relating to the Claim Subject Matter, including any warranties or representations concerning availability, quality, completeness, accuracy, suitability, acceptability or fitness for purpose; and
to the extent any of the foregoing is unenforceable or inapplicable, GHS’s liability in respect of the Claim Subject Matter is limited to either (i) resupplying the relevant Content, product, service or functionality or (ii) the reasonable cost of such resupply, whichever GHS sees fit to provide.

10. Indemnity

You will fully indemnify GHS in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings in each case of any kind and howsoever arising, in connection with any breach of these Terms by you, unauthorised use of the Website or Content by (or allowed by) you, or your communications with GHS (including any uploading by you of Content).

11. Jurisdiction and law

These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

12. Severability

Each provision of these Terms is severable and no severance of a provision will affect any other provision.

13. Contacting us

If you have questions about the Website, the Terms or Privacy Policy, please contact u s.

Last updated: May 29 2024