nswtranscriptions.com.au

Interpretation

In these Terms:
  • "Company" means NSW Family History Transcriptions Pty Ltd
  • "Customer" means the purchaser of Goods from the Company.
  • "Goods" means all goods sold and/or delivered by the Company to the Customer.
  • "Terms" means these terms and conditions of sale.

Application

These Terms apply to all Goods sold by the Company. No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing.
The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.

Prices

All prices shown are in Australian Dollars and include GST.

Payment

Payment is due at time of order. Orders will not be processed until payment has been received or deposits cleared.

Returned merchandise and refund policy

Goods incorrectly supplied by the company will be replaced without charge or refunded in full. The company is not responsible where the customer supplies incorrect or incomplete information on their order.

Delivery Policy

Goods will be delivered to the customer by post or email within the time frames advertised on the company's website. The company is not responsible for delays which are outside the company's control.
The Company reserves the right to deliver the Goods in whole or in instalments, as well as to deliver prior to the date for delivery and, in such event, the Customer must not refuse to take delivery of the Goods.
Any failure on the part of the Company to deliver instalments within any specified time does not entitle the Customer to repudiate the contract with regard to the balance remaining undelivered.

Accuracy of Information in Goods

While the Goods delivered have been formulated with all due care, the Company does not warrant or represent that the Materials are free from errors or omission, or that it is exhaustive.
The Company disclaims, to the extent permitted by law, all warranties, representations or endorsements, express or implied, with regard to the Material including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company further does not warrant or accept any liability in relation to the quality, operability or accuracy of the Material. The Material is made available on the understanding that the State of New South Wales and its employees and agents shall have no liability (including but not limited to liability by reason of negligence) to the users of the Website for any loss, damage, cost or expense whether direct, indirect consequential or special, incurred by, or arising by reason of, any person using or relying on the Material and whether caused by reason of any error, omission or misrepresentation in the Material or otherwise. Users of the Website will be responsible for making their own assessment of the Material and should verify all relevant representations, statements and information with their own professional advisers.
Furthermore, whilst the Material is considered to be true and correct at the date of publication, changes in circumstances after the time of publication may impact upon the accuracy of the Material. The Material may change without notice and the Company is not in any way liable for the accuracy of any information printed and stored by a user. Changes are periodically added to the Material and the Department may make improvements and/or changes in the Material at any time.

Security Capabilities and Policy for transmission of payment card details

Credit Card details are not held by the company but are transmitted over encrypted facilities provided by the Commonwealth Bank and its affiliates. The Company has taken reasonable steps and applied necessary encryption to ensure the security of payment details but is not liable for any failure on the part of the Bank or its affiliates to secure the details transmitted.

Title

Legal and beneficial ownership of the Goods will not pass to the Customer until such time as the Goods have been paid in full in cash or cleared funds.

Cancellations

No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company's sole discretion). If such consent is given it is, at the Company's election, subject to the Company being reimbursed all losses, including loss of profits, and paid a cancellation fee (being not less than 20% of the invoice price of the Goods).

Limited Liability

These Terms do not affect the rights, entitlements and remedies conferred by the Trade Practices Act 1974. The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Goods. The Customer acknowledges that the Company is not:
  • (a) responsible if the Goods do not comply with any applicable safety standard or similar regulation; and
  • (b) liable for any claim, damage or demand resulting from such non-compliance.
If any statutory provisions under the Trade Practices Act 1974 or any other statute apply to the contract between the Company and the Customer (Contract) then, to the extent to which the Company is entitled to do so, the Company's liability under the statutory provisions is limited, at the Company's option, to:
  • (a) replacement or repair of the Goods or the supply of equivalent Goods; or
  • (b) payment of the cost of replacing or repairing the Goods or of acquiring equivalent goods; and in either case, the Company will not be liability for any consequential loss or damage or other direct or indirect loss or damage.

Warranty

The provisions of any act or law (including but not limited to the Trade Practices Act 1974) implying terms, conditions and warranties, or any other terms, conditions and warranties which might otherwise apply to or arise out of the Contract are hereby expressly negatived and excluded to the full extent permitted by law.
The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Goods.
The internet is not a secure medium and communications to and from the website may be intercepted or altered in transit. The Company does not warrant or represent that its website or any linked sites, are free from anything which may damage any computer used to access the site.

Force Majeure

The Company will not be liable for any breach of contract due to any matter or thing beyond the Company's control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.

Waiver of Breach

No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have, and is not a waiver of any subsequent breach or default by the Customer.

No Assignment

Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Company, which is at the Company's absolute discretion.

Severability

If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.

Governing Law

These Terms and the Contract shall be governed by the law of New South Wales and the parties submit to the courts of New South Wales in respect of any dispute arising.

NSW Registry of Births, Deaths and Marriages Disclaimer

The Company supplies transcriptions of Birth, Death and Marriage entries as held by the NSW Registry of Births, Deaths and Marriages. We therefore include the following disclaimer which appears on their website.
"While the Material contained in this Website has been formulated with all due care, the State of New South Wales does not warrant or represent that the Material is free from errors or omission, or that it is exhaustive.
The State of NSW disclaims, to the extent permitted by law, all warranties, representations or endorsements, express or implied, with regard to the Material including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
The State of NSW further does not warrant or accept any liability in relation to the quality, operability or accuracy of the Material.
The Material is made available on the understanding that the State of New South Wales and its employees and agents shall have no liability (including but not limited to liability by reason of negligence) to the users of the Website for any loss, damage, cost or expense whether direct, indirect consequential or special, incurred by, or arising by reason of, any person using or relying on the Material and whether caused by reason of any error, omission or misrepresentation in the Material or otherwise. Users of the Website will be responsible for making their own assessment of the Material and should verify all relevant representations, statements and information with their own professional advisers.
Furthermore, whilst the Material is considered to be true and correct at the date of publication, changes in circumstances after the time of publication may impact upon the accuracy of the Material. The Material may change without notice and the State of New South Wales is not in any way liable for the accuracy of any information printed and stored by a user. Changes are periodically added to the Material and the Department may make improvements and/or changes in the Material and/or the Website at anytime.
The State of New South Wales takes no responsibility for the accuracy, currency, reliability and correctness of any information included in the Material provided by third parties nor for the accuracy, currency, reliability and correctness of links or references to information sources (including Internet sites) outside of the Department. In addition to the Material, the Website provides links to and from other Internet sites. These external information sources are outside the control of the Department and it is therefore the responsibility of the Internet users to make their own decisions about the accuracy, reliability and correctness of information found on those external Internet links.
The search engines provided on this website are to assist Internet users to locate resources more quickly. However, the Department takes no responsibility for the accuracy, currency, reliability and correctness of its search facilities, and does not warrant or represent that the search facilities are free from errors or omission, or that they are exhaustive.
The internet is not a secure medium and communications to and from the website may be intercepted or altered in transit. The Department does not warrant or represent that this website or any linked sites, are free from anything which may damage any computer used to access the site."
Source: http://www.lawlink.nsw.gov.au/lawlink/Corporate/ll_corporate.nsf/pages/LL_Homepage_disclaimer#disclaimer

See our Payment Terms and Methods

OUR SERVICES

(All prices indicated are Australian Dollars and are inclusive of GST)
Office Hours:- 10:00am to 4:00pm Monday to Friday. Closed Weekends and NSW Public Holidays
Deliveries are closed from 23rd Dec to the second Monday of January each year however, orders are still accepted at these times.

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