Terms of Use

Acceptance of Terms

By accessing and using the birch-crane.com website and services, you accept and agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use our website or services.

Service Description

birch-crane provides historical research, heritage interpretation, genealogical tracing, and related educational services. All services are subject to availability, archival access, and the existence of relevant historical documentation.

We make every effort to provide accurate and comprehensive research, but historical work is inherently limited by the availability, completeness, and reliability of surviving records.

Service Limitations

Our services are subject to the following limitations:

• Research outcomes depend on the existence and accessibility of historical records, which may be incomplete, damaged, or restricted
• Genealogical tracing cannot be guaranteed to reach specific conclusions or uncover particular information
• Heritage site tours are subject to site accessibility, weather conditions, and permission from site managers or Traditional Owners
• Property history reports reflect documented records and may not capture undocumented uses or modifications

User Responsibilities

When using our services, you agree to:

• Provide accurate and complete information for research requests
• Respect the confidentiality of sensitive historical information shared during research
• Use research findings responsibly and ethically
• Obtain proper permissions before publishing or publicly sharing research we conduct on your behalf
• Acknowledge our research contributions in any academic or professional contexts where our work is cited

Intellectual Property

All content on this website, including text, graphics, logos, and design elements, is the property of birch-crane or its content suppliers and is protected by Australian and international copyright laws.

Research deliverables prepared for clients become the property of the client upon full payment, though we retain the right to reference methodologies and general findings in our professional work (without disclosing client-identifying information).

Payment Terms

Payment is required in accordance with the fee structure outlined for each service. We accept payment via bank transfer or agreed-upon methods. For research projects exceeding $1,000 AUD, we may require a deposit before commencing work.

Fees are quoted in Australian Dollars and are subject to applicable taxes.

Cancellation and Refunds

Cancellation policies vary by service type:

• Heritage site tours: Full refund if cancelled more than 7 days in advance; 50% refund if cancelled 3-7 days in advance; no refund for cancellations within 72 hours
• Research services: Work completed to the point of cancellation will be billed; unused deposits will be refunded
• Workshops and lectures: Full refund if cancelled more than 14 days in advance; no refund for later cancellations unless we can fill the booking

Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis. While we strive for accuracy and professionalism, we make no warranties, express or implied, regarding:

• The completeness or accuracy of historical records
• The availability of specific documents or archival materials
• The legal implications of research findings
• The suitability of our services for any particular purpose beyond historical research and education

Limitation of Liability

To the maximum extent permitted by Australian law, birch-crane shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of our services or website.

Our total liability for any claims arising from our services shall not exceed the amount you paid for the specific service in question.

Indemnification

You agree to indemnify and hold harmless birch-crane, its employees, and collaborators from any claims, damages, or expenses arising from your misuse of our services, violation of these terms, or infringement of any third-party rights.

Ethical Research Standards

We conduct all research in accordance with professional ethical standards, including:

• Respecting the privacy and dignity of individuals mentioned in historical records
• Following protocols established by Indigenous communities regarding access to cultural heritage information
• Declining research requests that appear intended for fraudulent or harmful purposes
• Maintaining confidentiality regarding sensitive personal or family histories

Modifications to Services and Terms

We reserve the right to modify or discontinue services at any time without prior notice. We may also update these Terms of Use periodically. Continued use of our website and services after such changes constitutes acceptance of the modified terms.

Governing Law

These Terms of Use are governed by the laws of Victoria, Australia. Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the courts of Victoria.

Contact Information

For questions regarding these Terms of Use, please contact us at:

Email: legal at birch-crane.com
Address: 127 Collins Street, Melbourne VIC 3000, Australia