Legend Family History Terms and Conditions of Service
These Terms govern your access to, usage of all content, Product and Services available at https://legendfh.com.au website (the “Service”) operated by Legend Family History (“us”, “we”, or “our”).
Your access to our services are subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules and policies published and that may be published from time to time by us.
Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to any part of the terms of the Agreement, then you may not access or use our Services.
In accepting a quote from Legend Family History, you agree to abide by the terms and conditions stated here.
In using the services of Legend Family History you agree to pay for a minimum of 2 hours work in advance, with the exception of Record and Certificate Look-ups or if it has been agreed with us that the contracted work will take less than 2 hours.
Time spent on negative findings and unsuccessful searches will be charged. In the event that our research is unsuccessful, you will be advised and given the option to discontinue further research at that point.
Legend Family History is not responsible for any inaccurate information provided by you.
It is your responsibility to ensure that the scope of work documented in our quote / invoice is accurate and agreed by you.
Quotations issued by Legend Family History are valid for a period of 30 days.
Any variation to the scope of work documented in our quotation will require a revision to our estimated timeframe and cost. As a revised timeframe may impact our other clients, Legend Family History reserves the right to refuse any such request.
All of our findings, reports, charts, invoices and receipts will be provided in digital format, unless otherwise agreed.
The cost of ordering any additional certificates or records, not available to us, that must be obtained from a third party (e.g. ordering a certificate that is only available from a government department) will be in addition to our fee. Any such costs will be advised and agreed with our client.
Payment for our services will be by Electronic Bank Transfer unless otherwise agreed.
Intellectual Property
The Agreement does not transfer from Us to you any of Ours or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Legend Family History.
Our products which are delivered to you by agreement are for your personal use only and may not be used or published for personal or monetary gain without our permission.
Third Party Services
In using the Services, you may receive third-party services or products. Legend Family History is not responsible for the accuracy of information obtained from a reputable third party source (e.g. ordering a transcription of a certificate not otherwise available to us).
If you use any Third Party Services, you understand that:
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party websites or Services.
- You acknowledge and agree that We shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods or services available on or through any such web sites or services.
Legend Family History is not responsible for delays in agreed timeframes caused by a third party (e.g. Ordering a certificate from a third party).
Privacy Policy
All images, photographs, videos, logos and content on this website remain the property of Legend Family History and must not be used, copied or downloaded without permission.
Any personal information provided by you to Legend Family History is used with your consent.
All information provided to us and obtained by us will remain confidential. No information will be provided to a third party without client approval.
Legend Family History will only use your personal information for the purpose for which it was collected.
In line with Australian Taxation Law, we are required to retain most records related to our business for a period of 5 years.
We will take reasonable steps to destroy or de-identify any personal information relating to our clients once it is no longer needed for the purpose it was intended. At the completion of a project we will contact you for your instructions as to the length of time you would like us to keep your records in the event that you commission further research.
Legend Family History will take reasonable steps to protect personal information it holds from misuse, interference and loss, as well as unauthorised access, modification or disclosure.
The Office of the Australian Information Commissioner (OAIC) is the independent statutory agency endowed with functions under the Privacy Act and other legislation relating to data legislation.
Termination
We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
In the event of circumstances beyond the control of either party, both Legend Family History and the Client have the right to delay or terminate the contract. Notice of termination by either party should be in writing.
If the contract is terminated by Us for any reason, prior to commencement and a deposit has already been paid, the full amount of the deposit will be returned to the customer.
If the contract is terminated by the Client for any reason, prior to commencement and a deposit has already been paid, half of the deposit will be refunded to the client. The other half of the deposit will be retained by us to compensate for loss of income and expenses incurred in the setup process.
If the contract is terminated by either party during the course of the project, the client will be charged for all expenses and hours worked until the time of termination.
Disclaimer
Our Services are provided “AS IS.” and “AS AVAILABLE” basis. Legend Family History and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Legend Family History, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain our Services at your own discretion and risk.
Legend Family History is not responsible for any loss you may incur as a result of the information found in our research.
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of Australia.
The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in New South Wales, Australia.
Changes
Legend Family History reserves the right, at our sole discretion, to modify or replace these Terms at any time.
If we make changes that are material, we will let you know by posting on our website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect.
If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective.
Your continued use of our Services will be subject to the new terms.