Terms & Conditions


Disclaimer and legal notices – please read


Access to and use of this site is provided by the Stolen Generations’ Testimonies Foundation (Stolen Generations' Testimonies, also we, us and our) on the following conditions and any other directions or rules of use on this site (Terms).  If you access this site (other than to read these Terms for the first time), you agree to these Terms.  We reserve the right to change the Terms at any time by posting changes on-line.  You are responsible for informing yourself of any changes by regularly reviewing these pages.  If you access the site after changes are posted, you agree to all changes (including those which you are then unaware have been posted).


Disclaimers, liability limitation and indemnity


General disclaimers
Use of this site is at your risk.  To the maximum extent permitted by law, none of Stolen Generations’ Testimonies Foundation, its affiliates or any of their respective employees, agents, third party content providers or licensors makes any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with, this site, its use, its content or any products or services referred to on this site. 
This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a)    your reliance on the completeness, accuracy, suitability or currency of the site or its content;
(b)    failure or delay of performance or in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(c)    accessing any sites or servers maintained by other organisations through links on this site.  Links are provided for the convenience of our site users only and without responsibility for the content or operation of those sites.  Unless otherwise stated, linked sites and their products and services are not endorsed by us and you link to any such site at your own risk; and
(d)    defamatory, threatening, offensive or unlawful conduct of third parties.

Exclusion of implied warranties
To the maximum extent permitted by law, we exclude all conditions and warranties that otherwise would be implied in any transactions for the supply by us of information, products or services offered on this site (including warranties of satisfactory quality, merchantability and fitness for purpose).

Limitation of our liability (if any) to you
To the maximum extent permitted by law, our total liability to you (if any) for loss, damage or reliance shall be limited, at our election, to:
(a)    in the case of information or services supplied or offered by us – the re-supply of the information or services or payment of the cost of doing this; or
(b)    in the case of goods supplied or offered by us – repair or replacement of the goods, supply of equivalent goods, or payment of the cost of doing this.

Indemnity
You indemnify us, our affiliates and our respective employees, agents, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by us as a direct or indirect consequence of you using this site or your infringement of copyright or other intellectual property rights in materials on this site.

Rights we cannot exclude, limit or disclaim
The disclaimers, liability limitations and indemnities herein do not exclude any of your rights which by law may not be excluded; nor do they limit any of your rights which by law may not be so limited.

Copyright and intellectual property notices

International copyright protection
The material on this website is protected by copyright under the laws of Australia and, through international treaties, other countries.

We own or control, and reserve, all rights
Unless otherwise indicated, all rights (including copyright) in the content and compilation of these web pages and on-line images (including text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled for these purposes, and are reserved, by us. 

Personal, non-commercial use
You are authorised to:
•    download and view content; and
•    use the software included in this site in doing this,
for your own personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
You must not, without our prior written permission, exploit any of our site materials for commercial purposes.

Prohibited conduct
Otherwise you are not authorised, without our prior written permission and the permission of any other relevant rights owner, to copy, mirror, broadcast, reproduce, frame, republish, download, store (in any medium), up-load to a third party, transmit, post, broadcast, distribute, show or play in public, adapt or change in any way the content of, or create a derivative work from, these web pages or materials on this website for any other purpose.

Creating links to this site
We would be happy to discuss this with you.  Any links from your web pages to these web pages must be subject to obtaining our prior written consent and subject to the following conditions:
You must display our URL [*] and our name, Stolen Generations’ Testimonies Foundation, clearly and prominently, without in any way damaging our reputation or the services we provide, or suggesting any association between us and other persons, organisations, goods or services, unless we first approve of that association in writing.  You may not hyperlink directly to videos contained on this website.  

We can use your feedback
When you send us any feedback or suggestions about this site or our organisation, you agree that we can use and adapt any ideas, concepts, techniques, words or images contained in the feedback or suggestions for any purpose and without restriction or compensation.

Trade marks notice
No trade mark of ours (whether registered or otherwise) may be used without our prior, specific, written permission.  Other product names and images on this site may be trade marks or registered trade marks of ours, our affiliates or third parties (including advertisers, sponsors, and stakeholders).  The use or misuse of these trade marks, except as expressly authorised, is prohibited.

Copyright with regards to Photographs

Please note that photographs have been supplied to us by the Survivors.  We have tried to find out who owns the images supplied to us by the Survivors to the best of our ability but have not always been successful. Please note that we are open to the fact that if someone knows that they own the photo then we would like them to contact us so we can give the right attribution to the photo on the site.

User conduct

Lawful and authorised use only
You must use this site only for lawful purposes and for the purposes explicitly outlined and authorised in this site (including in these Terms).

General prohibitions
You must not:
(a)    use this site, or any tools offered through this site in a manner; or
(b)    up-load, post, transmit, or otherwise make available through this site any material,
which:
(i)    violates or infringes the rights of others (including their intellectual property, privacy and publicity rights);
(ii)    is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
(iii)    encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law;
(iv)    restricts or inhibits any other user from using or enjoying this site;
(v)    affects the functionality or operation of this site or its servers or the functionality or operation of any users’ computer systems (for example, by transmitting a computer virus or other harmful component, whether or not knowingly); or
(vi)    breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities which require us to take remedial action under any applicable industry code.

Disclaimer about others’ materials
You acknowledge that any third party materials appearing on this site are not necessarily controlled or monitored by us and that the views expressed are not necessarily ours.

Applicable Law

New South Wales, Australia law applies
This site (excluding any linked, third party sites) is controlled by us from Australia.
Any disputes must be determined by the courts having jurisdiction in New South Wales, Australia in accordance with laws in force in New South Wales.  You irrevocably and unconditionally submit to this jurisdiction.

Unenforceable Terms
If any provision of the Terms is found by a court to be invalid or unenforceable, the invalidity or unenforceability will not affect the remaining Terms.

Access to this site from outside of Australia
You must ensure that access to and use of this website is in accordance with the laws of your jurisdiction.

Your responsibilities under laws affecting you
You are responsible for ensuring that your use of this site is lawful, does not infringe any third party’s rights and does not breach any standards, content requirements or codes promulgated by any relevant authority (including relevant internet industry codes of practice).

No offers where illegality arises
Nothing on this site constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.

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© Stolen Generations' Testimonies Foundation
Aboriginal and Torres Strait Islander viewers should exercise caution when viewing this website as it contains images of deceased persons.The people speaking in this website describe being removed from family and community. They regard themselves as belonging to the Stolen Generations.