Our Family Past™ is an online service for creating, sharing and preserving family history stories. Our Family Past allows you to read, contribute, write and manage family stories (Service) through the Our Family Past website (Website).

These Terms of Use govern the way you use the Our Family Past Service and Website.

The Service and Website are owned by Our Family Past Pty Ltd (ACN 605 478 457). By accessing or using the Service or Website, you agree to be bound by these Terms of Use.

You should read these Terms of Use carefully and in conjunction with our Privacy Policy. These Terms of Use affect your legal rights, obligations and benefits of using the Service or Website. If you do not agree to be bound by all of these Terms of Use, do not access or use the Service or Website.

Any failure by Our Family Past to enforce any of these Terms of Use shall not impact on our right to require performance by you at a later time, nor shall the waiver by us of any breach of the Terms of Use be taken as a waiver of the clause or clauses itself.

  1. General Conditions

Our Family Past allows the family historians in your family to create narrative stories about your family’s past based on research and memories. These stories are securely hosted on our Website and can be shared with family members and others.

Use of our Website and Service is for personal use only.

You must be at least 14 years of age to use our Website and Service, or if you are under 14 years of age, you must have the consent of a parent or guardian.

  1. Registration

As part of the registration process, you will choose a username and password. In doing so, you must provide Our Family Past with updated, accurate and complete registration information. Failing to do so will result in a breach of these Terms of Use. You must not:

  1. Use the name of another person without his or her permission;

  2. Use the name of another person with the intent of impersonating that person; or

  3. Use a name offensive to a reasonable person.

Any fraudulent, abusive or otherwise illegal activity may be grounds for the immediate termination of your Service at the sole discretion of Our Family Past. Conduct of this nature may be referred to the appropriate law enforcement agencies.

  1. User

All people registered with the Website are Users, and agree to be bound by these Terms of Use.

The acceptance of the contract, being these Terms of Use, by checking the box during the registration process is to be treated the same as a handwritten signature.

Users must create a username and password allowing them to access the Service. You will be limited in the way you use the Service in accordance with the permissions granted to you as published on the Website, and the level of subscription for the family story you are accessing.

  1. Subscriber

Subscribers pay an annual subscription fee, as stated in US$ on the Our Family Past website.

As story managers, Subscribers have full access to the Service. This includes creating articles, and inviting other Users to join the Service or to view their uploaded material.

Our Family Past may change subscription prices at any time. This may alter the price you are charged for any renewal of the Service. Our Family Past shall provide notice of any price changes by posting on the Website, emailing you, or by other acceptable means.

Please note that subscriptions are continuous. This means that once you become subscriber to the Service, you accept that your current subscription will automatically be renewed and your debit/credit card charged based on the level of subscription chosen.

  1. Renewal

Your subscription will automatically renew on the anniversary of your subscription date for a further 12 month period at the same level of subscription as you then currently hold. You can upgrade your subscription level at any time by request, and the new anniversary of your subscription date will be the date of your request to upgrade.

Each renewal of your subscription will be at the price you were previously charged for that subscription unless otherwise stated or there is a change in the subscription price.

Should you wish to terminate your subscription, you must provide a request by email to Our Family Past (support@ourfamilypast.com) not less than 7 days before the anniversary of your subscription date.

  1. Terminating Users

Users may terminate their registration at any time.

Our Family Past reserves the right to modify, terminate or suspend the Service provided to you, or access to your Service, including for any failure to pay or actual or suspected breaches of the Terms of Use. If Our Family Past terminates or suspends your access to the Service, any content or materials uploaded to the Website will no longer be accessible by you, but that content and/or material may still exist and appear within the Website.

Our Family Past retains the right, but does not have the obligation, to remove or delete the content and/or material in their sole discretion of any User whose access to the Service has been terminated or suspended either by Our Family Past, or by the individual themselves.

If you or Our Family Past terminate your Service, or Our Family Past suspends your access to the Service, no refunds will be payable for any amounts already paid by you to the fullest extent permitted under applicable law.

Upon termination or suspension of your Service, all rights granted to you in these Terms of Use will immediately cease.

Our Family Past reserves the right to discontinue the Service offered at any stage and for any reason. If Our Family Past chooses to exercise its right to discontinue the Service provided for a reason that does not involve a breach of the Terms of Use by you, a refund may be payable on a pro-rata basis based on the remaining days of Service already paid for by you.

  1. User Obligations

You agree to comply with all laws applicable to you.

  1. User Content

Our Family Past accepts no responsibility for content created by you. You are responsible for all content on your own account. You agree that you will not create, upload or post any unlawful material, nor will you defame, harass, bully, threaten, intimidate or impersonate any person or entity.

Our Family Past reserves the right to remove any material from the Website that, in its sole and absolute discretion, breaches these Terms of Use, is illegal, obscene, indecent, or defamatory, incites racial or ethnic hatred, or violates the rights of others, and we may terminate your use of the Service in these circumstances.

You agree that you will only provide content and upload images, audio and video that belong to you, or if you have obtained all necessary permissions and consents.

  1. Reporting

You have the right to report material you deem offensive, defamatory, fraudulent or otherwise inappropriate to us. Our Family Past reserves the right, but has no obligation, to remove reported material from its Website at its sole and absolute discretion.

The vexatious, inappropriate or otherwise unreasonable reporting of the material of other users is a breach of these Terms of Use and may lead to Our Family Past exercising its discretion to modify, terminate or suspend your Service.

  1. Intellectual Property Rights

You acknowledge that your use of the Service or Website does not result in the transfer to you of any intellectual property rights subsisting in the Service or Website.

By submitting User content to the Website, you represent that you have the right to do so, and that you have obtained any third party consents where required. As such, you should not reproduce or upload any material without the permission of the owner and/or right holder.

  1. Warranty

Our Family Past gives an express warranty that:

  1. the Service will be reasonably fit for purpose;
  2. to the best of Our Family Past’s knowledge, the supply and use of the Service will not infringe the intellectual property rights of any third parties.

Other than as abovementioned, Our Family Past does not extend or express any warranties or representations as to the quality and/or accuracy of any User content on the Website or Service, and expressly disclaims and excludes any implied warranties, conditions and/or representations to the maximum extent permissible under applicable law.

  1. Exclusion

The warranty granted does not apply to any loss resulting from causes beyond Our Family Past’s control, including your error, your content, your data error, power failure or power surges, failure or malfunction of your hardware or software, or computer viruses.

  1. Remedies

The sole remedy available to you for breach of warranty is limited to either (at Our Family Past’s option):

  1. refund of the Subscription Fee; or
  2. rectification of the Service, so that it complies with the warranty.
  1. Limitation of liability

Our Family Past does not give any other warranties in relation to the Service, or make any representations concerning the Service. Our Family Past excludes all implied warranties (other than warranties implied by statute) in relation to the Service.

All loss, damage, costs and expenses incurred by you arising out of or connection with the provision of the Services, or delay in or failure to provide the Services, shall be limited to a refund of the subscription fees; or rectification or resupply the Service, at Our Family Past’s option. This limitation of liability extends to:

  1. property damage (yours and the property of third parties); and
  2. your liability to third parties;

but specifically excludes loss or damage incurred as a result of your failure to use the Services properly.

This clause does not apply in circumstances where its inclusion would breach any applicable legislation.

  1. Reading down

If any provision of these Terms of Use or its application to any person or circumstance is or becomes invalid, illegal or unenforceable, then so far as possible, that provision will be read down to the extent necessary to ensure that it is not illegal, invalid or unenforceable. If any provision or part of it cannot be so read down, then the provision or part of it will be taken to be void and severable and the remaining provisions of these Terms of Use will not be affected or impaired in any way, unless severance alters their basic nature, or is contrary to public policy.

  1. Entire understanding

These Terms of Use constitute the entire agreement between you and Our Family Past and sets out a full statement of the contractual rights and liabilities of the parties in relation to the Service.

  1. Amendment

Our Family Past may, in its sole discretion, change these Terms of Use from time to time. You agree that we may notify you of any updated Terms of Use by posting them on the Website or sending them to you by email. Your continued use of the Service after the effective date of the updated Terms of use constitutes your agreement to those terms.