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Findmypast.com.au Terms & Conditions

We hate jargon as much as you do, so our Terms & Conditions are written in plain English.

The findmypast.com.au website is owned and run by brightsolid online publishing Australasia Pty Limited trading as findmypast.com.au. We are an Australian private limited company and you can find out more about us on the company information page.

These Terms & Conditions explain our conditions for you using the findmypast.com.au website, (including any other related services such as our blogs.

By using this website and/or buying something from us you agree to be bound by these Terms & Conditions. If you do not agree with our Terms & Conditions, you must not use the website.

Our Privacy Policy forms part of these Terms & Conditions, so please read that too. These Terms & Conditions, the Privacy Policy, the Subscription Agreement (if you have a subscription with us) and any other document we refer to in these Terms make up the whole agreement between you and brightsolid online publishing Australasia Pty Limited. If you have a Subscription Agreement with us, that Agreement prevails over these Terms & Conditions to the extent of any conflict.

What you can use the service for: You can use the website for your own personal use e.g. to research your own family history. We are also happy for you to help out other people with their family history by telling them about records available on the website and how and where they can be found.

Professional and corporate use: If you’re a self-employed professional genealogist, you can use the site to carry out research for others, using either PayAsYouGo credits or a subscription. If you work for an organisation or company that carries out research using our records, you’ll need to use PayAsYouGo credits and must not use a subscription: alternatively contact us to find out about corporate access to the service.

Getting access to the records: You can search the historical records on the website for free, but to view most records or use some features of the website you will need to buy either PayAsYouGo credits or a subscription. You have to register with us and be signed in to buy credits or a subscription, or to take out a Free Trial. A contract exists between us once we send you a confirmation email, after receiving your order and accepting your payment for a subscription and/or PayAsYouGo credits or accepting your Free Trial request.

PayAsYouGo credits: You can buy PayAsYouGo credits from us – these get used up when you view records and can be used to view any record on the website. Credits are only valid for a fixed time limit and will expire if you don’t use them in time – this is made clear on the payment page when you buy them. Some records cost more credits to view than others: you can see how many credits each type of record costs to view.

Registration: You have to register with us and be signed in to use some features of the website, such as our free family tree software. If you are under 18, don’t register unless you have permission from your legal guardian (usually a parent) to do so. We reserve the right to ask you to provide us with a copy of identification which will verify your age. Keep your sign in details private at all times as you are responsible for all use of your sign in details. You must keep your personal information accurate and up to date, especially your email address.

Personal data and payment security: Please read our Privacy Policy to find out how we protect your personal data and credit card information.

Subscriptions: Different subscriptions give you access to different sets of records – this is explained on the payment page, as is the cost and length of the various subscription packages.

Changing subscription packages: If you are a subscriber, you can change your package at any time as long as the pro-rata  value of the remainder of your existing subscription is not greater than the value of the package that you are trying to buy (i.e if we would have to give you money back because your new subscription is much cheaper than what is left of your old one).

Continuous membership:When you take out a subscription, it is on a continuous membership basis, meaning that your subscription will automatically renew unless you cancel it. This means that, if you have a 1–month subscription, your contract will be renewed automatically every 30 days, and (unless you cancel your membership for any reason) a payment will be taken prior to each renewal date for the next 30–day contract period. Where we use the term, 'month', this refers a 30–day subscription. You can easily turn off continuous membership at any time from the 'my account' area – we don't make you call us or do anything else horrible. If you do not cancel the continuous membership within five days of the expiry date, we will automatically renew your subscription and will take the next payment two to three days before your current subscription ends. You must opt out of the continuous membership before the expiry date if you do not want your subscription to automatically renew, and we cannot provide refunds for a continuous membership subscription which has been renewed in this way.

Fair usage: We have a fair usage limit for subscribers but we deliberately set it high (you can view 5000 records each calendar month if you’re a subscriber, or 600 during a Free Trial). If you get close to the limit, (which is unlikely), we’ll send you an email to warn you. If you do reach the limit, subscribers will need to wait for the next calendar month to start (when your monthly limit is automatically reset) and those on a Free Trial will need to buy a subscription to view more records.

Free Trial Membership: You can sign up for a Free Trial which lets you view a selection of the records for a fixed period so you can try before you buy: this requires a credit card. We only allow one Free Trial per household and will stop you taking a Free Trial if we think you've already had one. No payment is taken from your card until your Free Trial comes to an end: you can cancel your Free Trial at any time from the 'my account' area on the website. When you get to the end of your Free Trial, if you have not cancelled by the day before the expiry date, you will automatically become a subscriber to the package your Free Trial was based on, and we will then take your first subscription payment. Fair usage limits apply. Please see the fair usage section of our Terms and Conditions for more details.

Cancellation and your right to a refund: If you buy a subscription or PayAsYouGo credits, you can contact us and cancel within seven days of receipt of our confirmation email and we will happily give you a full refund as long as you have not viewed any records. Sorry that we’re strict about this. This cancellation option does not apply to subscription renewals.

Intellectual property rights (including copyright) in the records and services we provide: The records and features on this website only exist because somebody, somewhere has spent a lot of time, money and effort to make them available online. So these people or organisations keep the intellectual property rights in the records (the copyright/database rights owner is displayed on most records) and website features. You can’t use the records to create your own work (for example a database of records, an article, blog post or book), copy or reproduce the records (either in whole or in part), or publish them unless you have our permission (and/or that of the owner of the copyright/database rights in the work) in writing. The website and services provided on it belong to findmypast, and again, you must not copy or use them without our permission. Please get in touch if you want to publish or otherwise professionally use the records or features of the website, we are usually quite accommodating. You can read more about copyright in this government guide.

Respecting your intellectual property rights (including copyright): If you believe that you own the copyright in any of the content on the website, and we have not recognised you as the copyright owner, please get in touch and we will investigate quickly. While we are investigating, we may temporarily remove the records in question. If we agree that you are the copyright owner, we will work with you to find a solution that you agree with, or we will take the record in question off the website permanently.

Content created by users: On some parts of the website, you can publish things (including your family tree), make comments or participate on forums. If you do, you must not:

a. publish something that you do not own the copyright in or which is someone else’s confidential information (if you do not have permission from the owner to publish it);

b. include anything we consider misleading, deceptive, offensive, inappropriate or defamatory (this is at our discretion);

c. break the law, for example by saying something that you could be sued for, or by posting something which results in a criminal offence;

d. share the personal information of living people without their written permission. You’re responsible for managing content you create, including using privacy settings we make available.

How we use content created by users: You keep the copyright in any content that you create or publish on the website; however, by publishing it you give us permission to use it for letting others view it on the website, marketing, product improvement and other commercial purposes. If we use any of your personal information (for example your name) in connection with it, we will ask your permission first.

Content you create is available on the internet: We also make your content available to other users of findmypast, to users of websites that are either part of our company group or with whom we have a partnership, and by internet search engines. This is the way of the internet: if you don’t want this to happen, do not publish the content. Our family tree functionality has privacy controls that you can use to prevent other people seeing this content if you wish. We have put security measures in place to keep your registration and payment information, and private conversations between members, private: read our Privacy Policy for more information on this. We are not liable for any loss you suffer if content you create is abused by somebody else.

Monitoring content created by users: We do not monitor content published by our users and take no responsibility for things that you publish, so think before you post! If you see something on the site that you think is offensive, illegal or which isn’t in line with these Terms & Conditions, please let us know. We don’t guarantee that we will always remove it, but we will certainly look into it. We reserve the right to remove content that you create, at our discretion.

Changes to the website or records: We reserve the right to make changes to the website, including the records and services we offer, without notice; however, we would not be in business very long if we suddenly took things away that you’ve paid for without offering you a decent replacement where we can. If you’re a subscriber, you’ll be glad to know that you will generally get a lot of new records added to your subscription at no extra cost during the period of your subscription (although this is entirely at our discretion). Sometimes, if we launch a major new collection, we might make a separate charge for it, but this is rare. We may also change prices, make special offers to groups or individuals, or change the number of PayAsYouGo credits charged to view a record from time to time.

Offering a decent service: We always try to make sure the website is fast, accurate and performs well: however, we can’t promise that it will always work as expected. If the website does break or is otherwise unavailable, we won’t be liable for any losses you might suffer however it happened (including our negligence) and even if we should have known about the losses this would cause you.

Accuracy of records and other information provided: As far as the law allows, we also don’t make any promises or give warranties or guarantees about the website, our services, the accuracy or completeness of the records or any other information on the website. We just give you access to it. We are not responsible for any content on anyone else’s website, even if we link to it. We do not promise anything to you in relation to the findmypast website, content and services and no promises are made by us to you except in these Terms & Conditions. There are some circumstances where the law requires us to make promises to you about the service: in those cases, we obviously give you any guarantees and warranties that the law requires us to because we’re decent people who respect the law. But to protect ourselves (and keep the business running), where we can, we limit our liability to you to what you’ve paid us for the service or to supplying you with the service you’ve missed out on.

Things beyond our control: Sometimes things happen that disrupt your service, which we have no reasonable control over. Examples are fires, floods, strikes, workmen putting shovels through our internet connection cable and other “acts of God”. Obviously, as we can’t control or plan for these things, we can’t be liable for any losses that they cause you or for any interruption of the website.

Customer support and complaints: We really believe in Customer Support and always aim to fix problems where we can: quickly, and in a friendly way. If you have a question, suggestion or complaint, please contact our Customer Support team first and we’ll do our best to sort it out.

GST: GST at the current applicable rate is included in the price.

Library users: These Terms & Conditions also apply if you are using a library using credit on the website to access records on behalf of third parties.

When we might stop you using the website: Thankfully, we rarely have to stop people using the website. If you do anything which you are not allowed to do under these Terms & Conditions, regularly go over the fair usage limit, or we cannot take a payment for a subscription when it is due, we reserve the right to stop you using the website. If you use a subscription for professional purposes unless you’re a self-employed genealogist, we also reserve the right to stop your access. In all these cases you will have no right to a refund. 

First legal bits - 1. Liability: The only warranties or promises we give are set out in this document. We can’t accept liability for any indirect or consequential losses, loss of data, loss of profits (note that use is limited to non-commercial use) or any use of content you suffer from using the website, although we never limit liability for personal injury or death caused by our negligence or fraud. For any other loss you suffer that is caused by us, we limit the liability we have to you to the total money you spent on the website in the 12 calendar months before you make a claim against us. Your non-excludable statutory rights are not affected by this clause.

More legal bits - 2. Assignment: These Terms & Conditions are personal to you, and you are not allowed to transfer your rights under them to anyone else.

Last legal bits - 3. Severance: The law is constantly changing, so if any part of these Terms & Conditions or Privacy Policy no longer applies or is no longer legally enforceable, then that part will be severed from the rest of the agreement: the rest will continue to apply.

The law: These Terms & Conditions are made under New South Wales law and any arguments about them (heaven forbid) will only be heard in New South Wales and appellate courts.

Changes to this agreement: Any changes we make to these Terms & Conditions will be made in writing and posted on the website.

Contact Us: We hope that’s clear (and fair). If it isn’t or you have another question that isn’t covered, please contact us.

This document was last updated in June 2014