Website Terms & Conditions of Use


1.      About the Website
1.1. Welcome to www.shop.broomemuseum.org.au (the 'Website'). The Website provides you with an
opportunity to browse and purchase various products that have been listed for sale through the
Website (the 'Products'). The Website provides this service by way of granting you access to the
content on the Website (the 'Purchase Services').
1.2. The Website is operated by Broome Historical Society Inc. (ABN 60520306348). Access to and use
of the Website, or any of its associated Products or Purchase Services, is provided by Broome
Historical Society Inc.. Please read these terms and conditions (the 'Terms') carefully. By using,
browsing and/or reading the Website, this signifies that you have read, understood and agree to be
bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any
of the Purchase Services, immediately.
1.3. Broome Historical Society Inc. reserves the right to review and change any of the Terms by
updating this page at  its sole discretion. When Broome Historical Society Inc. updates the Terms,
it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes
to the Terms take immediate effect from the date of their publication. Before you continue, we
recommend you keep a copy of the Terms for your records.

2.      Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to
accept or agree to the Terms where this option is made available to you by Broome Historical
Society Inc. in the user interface.

3.      Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you must first register as a user of the Website. As
part of the registration process, or as part of your continued use of the Purchase Services, you
may be required to provide personal information about yourself (such as identification or contact
details), including:
(a)    an email address
(b)    preferred username
(c)     a mailing address.
3.2. You warrant that any information you give to Broome Historical Society Inc. in the course of
completing the registration process will always be accurate, correct and up to date.
3.3. Once you have completed the registration process, you will be a registered member of the
Website ('Member') and agree to be bound by the Terms. As a Member you will be granted immediate
access to the Purchase Services.
3.4.   You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with Broome Historical Society Inc.; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or
other countries including the country in which you are resident or from which you use the Purchase
Services.

4.      Your obligations as a Member
4.1.   As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
(a)    the Terms;
(b)   any applicable law, regulation or generally accepted practices or guidelines in the relevant
jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your password and/or
email address. Use of your password by any other person may result in the immediate cancellation of
the Purchase Services;
(d) any use of your registration information by any  other  person,  or  third parties, is strictly
prohibited. You agree to immediately notify Broome Historical Society Inc. of any unauthorised use
of your password or email address or any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for the sole use of the
Website by you for the purposes of Broome Historical Society Inc. providing the Purchase Services;
(f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which
includes collecting email addresses of Members by electronic or other means for the purpose of
sending unsolicited email or unauthorised framing of or linking to the Website;
(g)   you agree that commercial advertisements, affiliate links, and other forms of solicitation
may be removed from the Website without notice and may result in termination of the Purchase
Services. Appropriate legal action will be taken by Broome Historical Society Inc. for any illegal
or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Purchase Services is
prohibited.

5.      Purchase of Products and Returns Policy
5.1. In using the Purchase Services to purchase the Product through the Website, you will agree to
the payment of the purchase price listed on the Website for the Product (the 'Purchase Price').
5.2. Payment of the Purchase Price may be made through one of the following third party providers:
(a)    Paypal
(the 'Payment Gateway Providers')
In using the Purchase Services, you warrant that you have familiarised yourself
with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and
other relevant legal documentation provided by the Payment Gateway Providers.
5.3. Following payment of the Purchase Price being confirmed by Broome Historical Society Inc., you
will be issued with a receipt to confirm that the payment has been received and Broome Historical
Society Inc. may record your purchase details for future use.
5.4. Broome Historical Society Inc. may, at their sole discretion, provide a refund on the return
of the Products within 14 days where the Product packaging is unopened and remains in a saleable
condition. You acknowledge and agree that you are liable for any postage and shipping costs
associated with any refund
pursuant to this clause.

6.      Warranty
6.1. Broome Historical Society Inc.'s Products come with guarantees that cannot be excluded under
the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the
Product. You are also entitled to have the Products repaired or replaced if the Products fail to be
of acceptable quality and the failure does not amount to a major failure (the 'Warranty').
6.2. You may make a claim under this clause (the 'Warranty Claim') for material defects and
workmanship in the Products within from the date of purchase (the 'Warranty Period').
6.3. In order to make a Warranty Claim during the Warranty Period, you must provide proof of
purchase to Broome Historical Society Inc. showing the date of purchase of the Products, provide a
description of the Products and the price paid for the Products by sending written notice to Broome
Historical Society Inc. at 67 Robinson Street, Broome, WA 6725, Australia or by email at
admin@broomemuseum.org.au.
6.4. Where the Warranty Claim is accepted then Broome Historical Society Inc. will, at its sole
discretion, either repair or replace any defective Products or part thereof with a new or
remanufactured equivalent during the Warranty Period at  no charge to you for parts or labour. You
acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in
facilitating the Warranty Claim.
6.5. The Warranty shall be the sole and exclusive warranty granted by Broome Historical Society
Inc. and shall be the sole and exclusive remedy available to you in addition to other rights and
under a law in relation to the Products to which this warranty relates.
6.6. All implied warranties including the warranties of merchantability and fitness for use are
limited to the Warranty Period.
6.7. The Warranty does not apply to any appearance of the supplied Products nor to the additional
excluded items set forth below nor to any supplied Products where the exterior of which has been

damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

7.      Delivery
7.1. You acknowledge that the Purchase Services offered by Broome  Historical Society Inc.
integrate delivery (the 'Delivery Services') through the use of third party delivery companies (the
'Delivery Service Providers').
7.2. In providing the Purchase Services, Broome Historical Society Inc. may provide you with a
variety of delivery and insurance options offered as part of the Delivery Services by the Delivery
Service Providers. You acknowledge and agree that Broome Historical Society Inc. is not the
provider of these delivery and insurance options and merely facilitates your interaction with the
Delivery Service Providers in respect to providing the Delivery Services.
7.3. In the event that an item  is lost or  damaged in the course of  the Delivery Services, Broome
Historical Society Inc. asks that you:
(a)  contact the Delivery Service Provider directly to request a refund or to claim on any
insurance options available; and
(b)   contact us by sending an email to admin@broomemuseum.org.au outlining in what way the
Products were  damaged in transit so we are able to determine if the Delivery Service Provider
should be removed from the Purchase Services.

8.      Copyright and Intellectual Property
8.1. The Website, the Purchase Services and all of the related products of Broome Historical
Society Inc. are subject to copyright. The material on the Website is protected by copyright  under
 the laws of Australia and through international treaties. Unless otherwise indicated, all rights
(including copyright) in the site content and compilation of the website (including text, graphics,
logos, button icons, video images, audio clips and software) (the 'Content') are owned or
controlled for these purposes, and are reserved by Broome Historical Society Inc. or its
contributors.
8.2. Broome Historical Society Inc. retains all rights, title and interest in and to the Website
and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered
design or copyright of Broome Historical Society Inc.; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or
industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an
adaptation or modification of such a system or process).
8.3. You may not, without the prior written permission of Broome Historical Society Inc. and the
permission of any other relevant rights owners: broadcast, republish, up-load to a third party,
transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public
domain.

9.      Privacy
Broome Historical Society Inc. takes your privacy seriously and any information provided through
your use of the Application and/or the Purchase Services are subject to Broome Historical Society
Inc.'s Privacy Policy, which is available from the website.

10.    General Disclaimer
10.1. You acknowledge that Broome Historical Society Inc. does not make any terms, guarantees,
warranties, representations or conditions whatsoever regarding the Products other than provided for
pursuant to these Terms.
10.2. Broome Historical Society Inc. will make every effort to ensure a Product is accurately
depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from
what is displayed on the Website.
10.3. Nothing in these Terms limits or excludes any guarantees, warranties, representations or
conditions implied or imposed by law, including the Australian Consumer Law (or any liability under
them) which by law may not be limited or excluded.
10.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated
in these Terms are excluded; and
(b)   Broome Historical Society Inc. we will not be liable for any special, indirect or
consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from
our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to
goodwill arising out of or in connection with the Purchase Services or these Terms (including as a
result of not being able to use the Purchase Services or the late supply of the Purchase  
Services), whether  at  common law,  under contract, tort (including negligence), in equity,
pursuant to statute or otherwise.
10.5. Use of the Website, the Purchase Services, and any of the products of Broome Historical
Society Inc. (including the Delivery  Services), is at  your  own risk. Everything on Website, the
Purchase Services, and the Products of Broome Historical Society Inc., are provided to you on an
"as is" and "as available" basis, without warranty or condition of any kind. None of the
affiliates, directors, officers, employees, agents, contributors, third party content providers or
licensors of Broome Historical Society Inc. (including any third party where the Delivery Services
are made available to you) make any express or implied representation or warranty about its Content
or any products or Purchase Services (including the products or Purchase Services of Broome
Historical Society Inc.) referred to on the Website. This includes (but is not restricted to) loss
or damage you might suffer as a result of any of the following:
(a)   failure of performance, error, omission, interruption, deletion, defect, failure to correct
defects, delay 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;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service,
or any of its Content related products (including third party material and advertisements on the
Website);
(c)   costs incurred as a result of you using the Website, the Purchase Services or any of the
Products;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the
Website; or
(f)    any defamatory, threatening, offensive or unlawful conduct of third parties or publication
of any materials relating to or constituting such conduct.

11.    Limitation of Liability
11.1. Broome Historical Society Inc.'s total liability arising out of or in connection with the
Purchase Services or these Terms, however arising, including under contract, tort (including
negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price
paid by you under these Terms or where you have not paid the Purchase, then the total liability of
Broome Historical Society Inc. is the resupply of information or Purchase Services to you.
11.2. You expressly understand and agree that Broome Historical Society Inc., its affiliates,
employees, agents, contributors, third party content providers and licensors shall not be liable to
you for any direct, indirect, incidental, special consequential or exemplary damages which may be
incurred by you, however caused and under any theory of liability. This shall include, but is not
limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or
business reputation and any other intangible loss.
11.3. Broome Historical Society Inc. is not responsible or liable in any manner for any site
content (including the Content and Third Party Content) posted on the Website or in connection with
the Purchase Services, whether posted or caused by users of the website of Broome Historical
Society Inc., by third parties or by any of the Purchase Services offered by Broome Historical
Society Inc..
11.4. You acknowledge that Broome Historical Society Inc. does not provide the Delivery Services to
you and you agree that Broome Historical Society Inc. will not be liable to you for any special,
indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill
arising out of or in connection with the Delivery Services.

12.    Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or by Broome Historical
Society Inc. as set out below.
12.2. If you want to terminate the Terms, you may do so by:
(a)    notifying Broome Historical Society Inc. at any time; and
(b) closing your accounts for all of the Purchase Services which you use, where Broome Historical
Society Inc. has made this option available to you.
Your notice should be sent, in writing, to Broome Historical Society Inc. via the 'Contact Us' link
on our homepage.
12.3. Broome Historical Society Inc. may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any provision;
(b)    Broome Historical Society Inc. is required to do so by law;
(c) the partner with whom Broome Historical Society Inc. offered the Purchase Services to you has
terminated its relationship with Broome Historical Society Inc. or ceased to offer the Purchase
Services to you;
(d) Broome Historical Society Inc. is transitioning to no longer providing the Purchase Services to
Users in the country in which you are resident or from which you use the service; or
(e) the provision of the Purchase Services to you by Broome Historical Society Inc. is, in the
opinion of Broome Historical Society Inc., no longer commercially viable.
12.4. Subject to local applicable laws, Broome Historical Society Inc. reserves the right to
discontinue or cancel your membership to the Website at any time and may suspend or deny, in its
sole discretion, your access to all or any portion of the Website or the Purchase Services without
notice if you breach any provision of the Terms or any applicable law or if your conduct impacts
Broome Historical Society Inc.'s name or reputation or violates the rights of those of another
party.
12.5. When the Terms come to an end, all of the legal rights, obligations and liabilities that you
and Broome Historical Society Inc. have benefited from, been subject to (or which have accrued over
time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be
unaffected by this cessation, and the provisions of this clause shall continue to apply to such
rights, obligations and liabilities indefinitely.

13.    Indemnity
13.1. You agree to indemnify Broome Historical Society Inc., its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including
legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with
any Content  you post through the Website;
(b)  any direct or indirect consequences of you accessing, using or transacting on the Website or
attempts to do so and any breach by you or your agents of these Terms; and/or
(c)     any breach of the Terms.

14.    Dispute Resolution
14.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or
Court proceedings in relation to the dispute, unless the following clauses have been complied with
(except where urgent interlocutory relief is sought).
14.2. Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written
notice to the other party detailing the nature of the dispute, the desired outcome and the action
required to settle the Dispute.
14.3. Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties')
must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by
negotiation or such other means upon which they may mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been
resolved, the Parties must either agree upon selection of a mediator or request that an appropriate
mediator be appointed by the President of the  or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost
of the venue of the mediation and without limiting the foregoing undertake to pay any amounts
requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(d)    The mediation will be held in Western Australia, Australia.
14.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in connection
with this dispute resolution clause are confidential and to the extent possible, must be treated as
"without prejudice" negotiations for the purpose of applicable laws of evidence.
14.5. Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been
resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.


15.    Venue and Jurisdiction
The Purchase Services offered by Broome Historical Society Inc. is intended to be
viewed by residents of Australia. In the event of any dispute arising out of or in relation to the
Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of
Western Australia, Australia.

16.    Governing Law
The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy,
proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the
rights created hereby shall be governed, interpreted and construed by, under and pursuant to the
laws of Western Australia, Australia, without reference to conflict of law principles,
notwithstanding mandatory rules. The validity of this governing law clause is not contested. The
Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

17.    Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both
parties having taken the opportunity to obtain independent legal advice and declare the Terms are
not against public policy on the grounds of inequality or bargaining power or general grounds of
restraint of trade.


18.    Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.