Website Terms and Conditions

Discovering Anzacs has been developed to provide increased online access to the war-related records held by the National Archives of Australia and Archives New Zealand. The Discovering Anzacs Website (Website) provides users with the opportunity to contribute in a variety of ways.  Users can add stories, comments, upload media and transcribe records which will enhance the Website for use as part of the Centenary of Anzac commemorative period to build knowledge and memories around records into the future.

These terms and conditions apply to the use of the Website, including the type of content you can upload and downloading from the Website.  Before you can contribute content to the Website you will need to:

  1. create a Website user account; and
  2. agree to be bound by the terms and conditions for the Website.

If you do not wish to accept the terms and conditions for using this Website then you will not be able to contribute content.  If you do not wish to create a user account, you can continue to browse the Website in accordance with these terms and conditions.

These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this Website.

Definitions

Loss
means loss, damage, cost or expense (to any person or property) including consequential or indirect loss of any profits, data or revenue.
You and Your
means the user of the Website
'We', 'us' and 'our'
means the National Archives of Australia.
Website
means the Discovering Anzacs Website.
World War One (WWI) Material
means the material that is made available on the Website by us and includes any contribution that you make to the Website to help build up the WWI Material.

1. Changes or amendments to the terms and conditions

We reserve the right to amend these terms and conditions from time to time.  Any amendments that we make to these terms and conditions will be effective immediately upon notification on this Website.  We will not send you an alert or a notification that the terms and conditions have changed.  If you continue to use the Website after we have issued a notification on the Website, your continued use will represent an agreement from you to be bound by the terms and conditions as they are amended.

2. Registration

Before you can contribute content to the Website you need to create a user account.  To become a registered user of this Website, you must complete the registration form on the Website.  Registration is free but non‑transferable.  You will be asked to enter in a user name.  When you are selecting your preferred user name, you will not be required to use your real name.  When selecting your user name, you must ensure that you do not use the real name of another person, or that your user name contains words that may be considered offensive to others.  By creating a user account with us, we require you to provide us with the following mandatory details about yourself:

  1. user name;
  2. first name;
  3. last name; (optional)
  4. email address; and
  5. password.

We will use this information to manage your user account including any contributions that you make to the Website.  We may also use this information to contact you regarding your user profile or contribution.  We will not use your personal information for any other purpose or disclose your personal information to a third party without your consent.

We reserve the right to terminate your registered user profile at any time if you breach these terms and conditions.

3. Obligations of a registered user

By becoming a registered user of our Website you agree that:

  1. you will not share your password with anyone.
  2. you are responsible for your contribution and its content;
  3. you will ensure that your content is up to date, accurate and not misleading;
  4. you have obtained permission from any living person who can be reasonably identified in a photograph that you contribute to the Website, and in the case of any photograph or image that includes a deceased Indigenous person, that you have permission from the deceased's next of kin to publish the photograph and in the case of any person under the age of 18 years of age that you have their permission or a parent or guardians permission to use that person's image.
  5. you permit us to moderate or remove your content where in our opinion, your content does not comply with the terms and conditions for use and contribution to the Website;
  6. you warrant that your content is not fraudulent, defamatory and does not infringe the intellectual property rights, confidentiality rights, or privacy rights of any person;
  7. you must procure on behalf of yourself and on behalf of us all proper licences, clearances, permissions and releases in writing in respect of any copyright material included in your content so that your content can be shared and distributed online from our database to other registered user of the Website.

4. Moderation policy

We take a proactive approach to Website content moderation.  While contributions, commentary and discussions are both welcomed and invited, we will moderate contributions, commentary, discussions and any other content or information that is provided by you to the Website after it has been published on the Website.

You can help us to moderate contributions, commentary and discussions by ensuring that they are respectful to the legacy that is Discovering Anzacs.

To moderate your contribution to the Website, we will use the following guidelines:

  1. Any contribution that contains language or imagery that is considered to be defamatory, abusive, obscene or offensive by us will be removed by us without any warning or notice to you.
  2. Any contribution such as an image, writing or other type of work that in our opinion, infringes copyright or a moral right in that work of any person, will be removed by us without any warning or notice to you.
  3. Any contribution that in our opinion imitates or impersonates a person, or misrepresents the identity of a person or an affiliation with a person will be removed.
  4. No advertising or references to advertising is permitted on the Website and will be removed by us.
  5. The Website is not to be used for the purpose of contesting Australian government policy and any contribution which in our opinion is considered to do this, will be removed by us.
  6. If your contribution contains an 'abbreviated' term, we may include the details of what that abbreviated term represents where you have not supplied an explanation.
  7. We may correct a typographical, punctuation or syntax error which in our opinion is contained in your contribution and include or remove additional letters or words to any contribution.
  8. Links to external pages supplied by you will not be moderated by us.  However, if we determine that a link to particular content breaches these terms and conditions for use of the Website, we reserve the right to remove the link to the external page and notify you of the steps that we have taken.

If you suspect that someone has breached the terms and condition for use of this Website, including our moderation policy, please use the 'Contact us' or 'Report' function to tell us about it.  Any reports provided to us will be maintained in accordance with our privacy policy which is available at http://www.naa.gov.au/about-us/organisation/accountability/privacy/privacy-policy.aspx

5. Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure.  While we strive to protect information on our Website, we do not warrant and cannot ensure the security of any information which you transmit to us via the Website.  Accordingly, any information which you transmit to us is transmitted at your own risk.  Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of that information.

6. Harmful Code

While we aim to protect content and information that you contribute on the Website and try to ensure that the Website and your information is not compromised, we cannot guarantee that no Harmful Code will enter the Website.  You should be familiarise yourself with the risks associated with using websites generally.

You must take your own precautions (such as installing appropriate and up to date firewall and anti-virus software) to ensure that your access to our Website does not expose you to the risk of any Harmful Code which may damage your computer system.  We will not accept responsibility for any loss, interference or damage to you or your own computer system which arises in connection with your use of our Website or any website linked to our Website.

7. Your online security

You should protect your computer by installing security software which includes anti-virus, anti-spyware, firewall and anti-spam filters.  Ensure that you run regular scans on your computer to check for viruses and keep your security software up to date to ensure that it protects your computer system.

You should also check your internet browser's security setting to ensure that you are able to browse the internet safely and not open email attachments if you do not know the sender. You should only download files from reputable internet sites and never click on hyperlinks in emails from unknown sources.

8. Indemnity

You indemnify us and our employees and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a failure by you to comply with these terms and conditions.

9. Disclaimer

The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.

We offer no warranty in relation to the distribution, or the nature and extent of distribution, of your content to our subscribers.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.  If legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed to be included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

  1. if the breach relates to goods,
    1. the replacement of the goods or the supply of equivalent goods,
    2. the repair of such goods,
    3. the payment of the cost of replacing the goods or of acquiring equivalent goods or
    4. the payment of the cost of having the goods repaired; and
  2. if the breach relates to services,
    1. the supplying of the services again, or
    2. the payment of the cost of having the services supplied again;

and if item (1) or item (2) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.

10. Copyright Notice

Copyright in this Website (including the look and feel of the Website, text, trademarks, emblems, graphics, logos, icons and software) is owned or licensed by us.  Other than for the purposes of, and subject to these terms and conditions, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:

  1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from the Website's portal or interface; or
  2. use any of the trademarks or emblems contained on the Website including our name and the names of any of our licensed partners, in part or as a whole of your own trade mark or business name or company name; or
  3. commercialise any information, products or services obtained from any part of this Website;

11. Copyright Licence

Subject to the Copyright Notice above, you are permitted to copy, reproduce, publish, download and communicate any WWI Material that is made available by us through the Website on fee-free and royalty free basis under a Creative Commons Attribution Non Commercial-No Derivatives (CC BY-NC-ND) licence for personal research or study purposes only.

To read the terms of this licence please follow this link: http://creativecommons.org/licenses/by/3.0/au/deed.en

In exchange for the above Copyright Licence, You grant to us and our partners or agents, a world-wide, perpetual, non-exclusive, irrevocable, fee free and royalty free licence which includes the right to grant sublicenses to copy, reproduce, publish, download and communicate any contribution that you upload or otherwise contribute to the Website via your user account as considered appropriate by us.

12. Restricted Use

Unless we agree otherwise in writing, you are provided with access to WW1 Material via this Website for your personal use only.  Without limiting the foregoing, you may not without our written permission on‑sell any information obtained from this Website.

13. Linked Websites

This Website may contain links to other websites (linked websites).  Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

14. Accessibility

Under the Disability Discrimination Act 1992, Australian Government agencies are required to ensure information and services are provided in a non-discriminatory accessible manner.

The National Archives of Australia is committed to ensuring Discovering Anzacs  is compliant with Level A of the Web Content Accessibility Guidelines version 2.0 (WCAG 2.0). It will be upgraded to Level AA compliance over time.

WCAG 2.0 is a standard developed by the World Wide Web Consortium (W3C), and endorsed by the Australian Government.

15. Privacy Policy

We undertake to comply with the terms of our privacy policy which is available here: http://www.naa.gov.au/about-us/organisation/accountability/privacy/privacy-policy.aspx 

16. Termination of Access

We reserve the right to terminate your user account at any time and without notice to you.  These terms and conditions will continue to survive after we have terminated your user account.

17. Governing Law

These terms and conditions are governed by the laws in force in the Australian Capital Territory. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.

18. General

We accept no liability for any failure by you to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these terms and conditions on one occasion, this does not means that those rights will automatically be waived on any other occasion.

If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

19. To Return to the Website

To return to the Website, click where indicated.  By doing so, you acknowledge that you have read, understood and that you accept the above terms of use for access to the Website.