Please take the time to read these terms and conditions. By using this Site, you indicate that you have read and understood these Terms and Conditions and agree to abide by them at all times.

1. Definition

These terms and conditions (the “Terms and Conditions”, “Terms”) govern the use of https://rememberingthepast.studio/ (the “Site”).

This site is owned and operated by Remembering the Past.

Throughout the Site, the terms “we”, “us” and “our” refer to Remembering the PastRemembering the Past offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

Any new features or tools which are added to the current Site shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

In the event that you breach any of the Terms, we reserve the right to block your use of the Platform and/or terminate your Subscription.

2. Site Information

Remembering the Past is a History website that includes eCommerce transactions.

3. Use of the Site

3.1 Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not attempt to change, add to, remove, deface, hack or otherwise interfere with the operation of the Site or any material or content displayed on the Site.

While using this Site you must not:

  • Impersonate another person on the Site;
  • Provide inaccurate information about your identity on the Site;
  • Do anything unlawful, misleading, fraudulent or for an illegal or unauthorised purpose;
  • Interfere with or impair the operation of the Site or other individuals’ legitimate use of the Site;
  • Use or attempt to use any automated computer program (e.g. a bot or web scraper) to access the Site;
  • Enter, upload or post any content to the Site that is bullying, harassing, defamatory, objectionable or explicit in nature;
  • Attempt to buy, sell or transfer your Subscription, Member Account or login details to another person;
  • Post private or confidential information about yourself or any other person; or
  • Use the Site to violate any other person’s rights, including intellectual property or moral rights.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

3.2 User Contributions

Users may post the following information on our Site:

  • Public comments.

By posting on our Site you agree not to act illegally or violate these Terms and Conditions.

3. Content and Intellectual Property

All content published and made available on our Site is the property of Remembering the Past and the Site’s creators.  This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.

4. Links to Other Websites

Our Site contains links to third-party websites or services that we do not own or control.  We are not responsible for the content, policies, or practices of any third-party website or service linked to on our Site.  It is your responsibility to read the terms and conditions and privacy policies of these third-party websites before using these sites.

5. Availability and Downtime

We do our best to ensure the Site is accessible at all times. There may be times, however, when the Platform is not accessible or may be degraded due to scheduled maintenance such as software patches, upgrades and configuration changes, disaster recovery operations and/or failures or service degradation of third party systems outside the Site infrastructure.

6. Accounts

6.1 Creating an Account

When you create an account on our Site, you agree to the following:

  1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account;
  2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes;
  3. You are responsible for all activities that occur under your account; and
  4. If you lose or forget your login details or notice any suspicious activity associated with your account, you must notify us immediately.

We reserve the right to suspend and terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.

6.2  Maintaining your Account

You can edit the details associated with your Account by logging in with your username and password and clicking the ‘My Account’ button on the Site. Your Account details should be kept up-to-date at all times.

6.3  Processing of Personal Data

You must be over the age of 18 to register an account on Remembering the Past. (Refer: Australian Privacy Principles Guidelines, Chapter B: Key Concepts, B.58). By making an account on Remembering the Past you are confirming that you are old enough to consent to the processing of your personal data.

7. Ordering and Purchasing Products and Services

7.1 General

These Terms and Conditions govern the sale of goods and services available on our Site.  The following goods and services available on our site:

  • Physical Products
  • Digital Products

All services will be paid for in full when the service begins. 

These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it.  This includes all products listed as being out of stock.  All information, descriptions, or images that we provide about our goods and services are as accurate as possible.  However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services or that your computer monitor’s display of any colour will be accurate.  You agree to purchase goods and services from our Site at your own risk.

7.2 Ordering a Product

You can place an Order for a Product by:

  • Adding a Product to your ‘cart’; and
  • Clicking the ‘Complete Purchase’ button and making successful payment of the total purchase price.

Doing so constitutes your offer to us to purchase the Products in your ‘cart’ at the price(s) indicated.

7.3 Order Acceptance

The acceptance of your Order is conditional on the payment of the associated price. Once we accept your Order, you will be notified via email.

We reserve the right to modify, reject or cancel your order whenever it becomes necessary.  If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid.  You agree that it is your responsibility to monitor your payment channel to verify receipt of any refund.

7.4 Order Number

You will be assigned a unique transaction ID when you purchase a product or service from us that will be included on your receipt/confirmation by email. If you contact us about an Order, we may ask you to provide the specific transaction ID.

7.5 Third-party Goods and Services

Our Site may offer goods and services provided by third parties.  We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.

8. Providing Products and Services

8.1 Products

Delivery will take place as soon as reasonably possible, depending on the product type and delivery method.

8.1.1  Physical Products

Physical products will be delivered through standard delivery by post.  In most cases delivery takes 5-30 days.  Delivery times may vary due to unforeseen circumstances.  Please note that delivery times do not include weekends and public holidays.

For physical products, you will be required to pay delivery charges in addition to the price for the goods you purchase.

If you purchase physical products from us for delivery to a destination outside Australia your purchase may be subject to import duties and taxes applied by the destination country.  You are responsible for paying any such duties or taxes.  Please contact your local customs office for more information before making a purchase.  We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.

You are required to provide us with a complete and accurate delivery address, including the name of the recipient.  We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.

8.1.2 Digital Products

Access to digital products will be available when the order is completed and as soon as you pay the total price for the Order and the Order is accepted by us.

8.2 Delays outside our Control

When a product is dependent on the provision of goods or services by a third party, there might be delays in providing the content, which could be outside of our control. If this occurs, we will notify you and take actions to minimise the impact of the delay.

9. Pricing and Payment

9.1 Product Pricing

Products offered on the Site will be clearly marked with their prices. Unless otherwise stated, all prices are in Australian dollars exclusive of GST.

9.2 Payments

All Payments on this Site are made through the secure payment platform of Paypal.

When you ‘check out’ your cart on the Site you will be provided with payment options by Paypal. By providing Paypal with your payment information, you authorise us to charge the amount due for your Order through this payment channel.

You will be required to pay for a Subscription or Product before you will be able to access or obtain it. After making a successful payment of the total price of your cart the Site will generate and automatically email you an invoice for the completed transaction.

If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.

9.3 Refunds

We accept refund requests for physical products sold on our Site if the product is broken or damaged.  Refund requests must be made within 7 days after receipt of your purchase.

Services will be fully refunded if the service is cancelled at least 48 hours before the services were scheduled to be provided.

9.4 Returns of Physical Products

If the Returned Product can easily be shipped or returned, then you are responsible for organising for the Returned Product to be returned to us. 

If the Returned Product is eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law) then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Product.

In the event that a Returned Product turns out not to be eligible for a repair, replacement or refund under the terms of the Policy (including under the Australian Consumer Law), then you will be required to pay the cost of any inspection, postage, shipping, transportation or collection of the Returned Product.

9.5 Consumer Protection Law

Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation.  If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

10. Limitation of Liability

Our total liability to you under the Terms , in negligence and/or otherwise, is limited to the fees or charges paid for the Subscription(s) and/or Products Ordered which are subject to the relevant claim for loss or damage suffered by you.

Remembering the Past and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

11. Indemnity

Except where prohibited by law, by using this Site you indemnify and hold harmless Remembering the Past and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

12. Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions.  All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

13. Privacy

We, and all users of this site, are subject to the Privacy Act 198 (Cth) and our Site Privacy Policy, which is accessible at https://rememberingthepast.studio/policies/. By accessing our Site or providing any personal information to us you acknowledge that we will collect, use and disclose your personal information (as operator of the Site) in accordance with our Privacy Policy.

14. Applicable Law

These Terms and Conditions are governed by the laws applicable in the State of New South Wales. Both you and we are subject to the jurisdiction of the courts of the State of New South Wales

15. Changes

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site.  We will notify users by emails of changes to these Terms and Conditions or post a notice on our Site.

16. Contact Details

Please contact us if you have any questions or concerns. Our contact details are connect@rememberingthepast.studio. You can also contact us through the contact form available on our Site.

Effective Date: 1st day of May 2022.