South Australian Genealogy & Heraldry Society Inc
Terms and Conditions of Research Services
1. Definitions
In these terms and conditions, a reference to:
‘Request Sheet’ means the page setting out your request for advisory or informational services to which these terms and conditions are attached;
‘Services’ means any advice or information you have requested us to provide;
‘Service Fees’ means our fees for providing the Services, calculated on a time and materials basis at the rates specified by us from time to time;
‘we’, ‘us’ and ‘our’ means South Australian Genealogy & Heraldry Society Inc. and includes its officers, members, employees, volunteers, and agents; and
‘you’ or ‘your’ (or derivations thereof) means the party seeking advisory or informational services as identified on the Request Sheet.
Unless otherwise expressly agreed by us these terms and conditions govern any services we provide.
2. Provision of Services
Most services are provided by volunteers. You acknowledge that there may be significant delays in the provision of Services. You also acknowledge that we may not be able to act on a request or may only be able to partially address a request for Services. We will not be liable for any failure or delay in the provision of the Services.
3. Payment for Services
Provision of Services is subject to your payment of Service Fees.
4. Intellectual Property Rights
We retain all copyright and other intellectual property rights in the works or materials we apply or produce in delivering the Services and we retain or obtain the title and all intellectual property rights with respect to any copies, reproductions, adaptations, additions to, enhancements, alterations, modifications or translations made of such works or materials.
You must only use any information or advice we provide to you for your personal purposes. You must not on-supply any information we provide to any other person and in particular, you must not sell or otherwise commercially exploit that information.
5. Warranties & Liability
Subject to any warranties implied by law which cannot be excluded by agreement (‘non-excludable terms’), all warranties with respect to the Services are hereby expressly excluded. Although any information or advice provided by or on behalf of the Society will be provided in good faith, subject to any non-excludable rights, all warranties regarding accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any advice or information are hereby excluded.
Our liability for any breach of non-excludable terms is limited solely to the resupply of the relevant Service.If circumstances arise where you are entitled to claim damages from us notwithstanding the other provisions of these terms and conditions, our liability to you for the aggregate of all such claims (regardless of the basis on which you are entitled to claim from us including, without limitation, negligence) is limited to $100.00.
In no event will we be liable for any loss of income or profits or savings or for indirect, incidental, consequential, exemplary or punitive damages of any party including third parties even if we have been advised of the possibility of such damages.
6. Additional Terms
If any provision of these terms and conditions is found to be invalid, unenforceable or illegal, then that provision will be deemed to be deleted to the extent necessary to remove the invalid, unenforceable or illegal portion and the balance of these terms and conditions will remain binding.
These terms and conditions and any Services engagement are subject to the laws of South Australia. You irrevocably agree that all legal proceedings arising in connection with these terms and conditions or any Services engagement must be prosecuted in the Courts of South Australia.
