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Please be advised: this website contains the names, images and voices of people who are now deceased.

Collections WA has a responsibility to preserve and make accessible the history and culture of Western Australia in all its various forms. The intention of Collections WA is to support research, and to reveal actions of the past that have impacted upon communities, families, and individuals.

In doing so, Collections WA acknowledges the need to respond sensitively and appropriately in cases when accessing this material may be confronting to Aboriginal visitors and clients.

Please also note: Some historical materials within this portal may include language or opinions that today are considered inappropriate or even offensive. Collections WA does not endorse this language and apologises for any distress caused.

If you wish to provide feedback on the Collections WA portal, please email contact@collectionswa.net.au.

Terms of Use

Introduction

Collections WA is a free online, searchable platform that brings together collections from libraries, galleries, museums, archives, historical societies, cultural organisations, community groups and other collecting organisations from around Western Australia. Organisations are able to add content to Collections WA and the general public can access it as a searchable database.

Collections WA is an initiative of the Collecting Sector Working Group and is overseen by the Australian Museums and Galleries Association Western Australia (AMaGA WA) and the Western Australian Museum (WAM) with funding provided by Lotterywest, the Department of Local Government, Sport and Cultural Industries and the Department of Primary Industries and Regional Development.

Please read the following Terms of Use which govern your use of Collections WA. If you disagree with these Terms of Use, or any part of them, you must not use this website.

Terms of Use

1. Agreement

1.1. These Terms of Use constitute an agreement between you and Collections WA. By uploading content and accessing Collections WA, you agree to be bound by these Terms of Use.

1.2. These terms must be read in conjunction with any other policies and statements appearing on the Collections WA website including:


1.3. These Terms of Use may be amended from time to time. An email will be sent to Contributors to notify them of any changes. If changes have been made to these Terms of Use and published on the Collections WA website, Contributors and Users must comply with them, as they supersede previous versions.

 

2. Definitions

2.1 The following keywords in this document are defined as:

a) Collections WA – refers to the Collections WA website and those responsible for overseeing it.

b) Collecting Organisation – is a not for profit organisation that acquires, maintains and makes accessible a permanent collection for the purpose of education, study and enjoyment (adapted from ICOM’s definition of a Museum). A for profit organisation may also be considered a Collecting Organisation as custodians of permanent collections that are acquired, maintained and made accessible for the above purposes and not commercial operations.

c) Contributors – Collecting Organisations or individuals who create profiles and upload content to Collections WA.

d) Contributor Account – this is how Contributors access Collections WA to manage and upload content to their account for the public to view

e) Users – people who view Collections WA or use it for research purposes

 

3. Eligibility Criteria for Contributors

Collections WA reserves the right to accept or reject applications to join based on the following criteria.

3.1. Applications will be considered from Collecting Organisations based in Western Australia or those that have a significant cultural connection to Western Australia.

3.2. Contributors must make their collection available for public access. See 15.1. for definition of public access.

3.3. In the case of special interest, family history groups and private businesses with collections, Collections WA will assess the appropriateness of admittance onto the website. Special interest groups must fulfil the definition of a Collecting Organisation and must allow public access to be considered. See 15.2. for definition of special interest groups and 15.3. for a definition of family history groups.

3.4. Commercial and private collections cannot be uploaded to Collections WA. See 15.4. for definition of commercial and private collections.

 

4. Contributor Account

To input data into Collections WA Contributors will need to create a Collections WA Contributor Account.

4.1. Only one Contributor Account per Collecting Organisation is required. A Contributor Account can have multiple administrators who can upload content and manage the account.

4.2. Contributors may be required to provide personal information, such as email addresses and telephone numbers. You should refer to the Collections WA Privacy Policy for further information.

4.3. Contributors agree to provide Collections WA with their current contact details, including a valid email address or phone number. You will only be contacted for administrative purposes. It is your responsibility to keep this information up to date.

4.4. Contributors must keep their account details, including username and password, confidential and secure and not provide them to any other person. Where the account belongs to a Collecting Organisation, the organisation is responsible for the security of the account details.

4.5. Contributors agree not to create a Collections WA Contributor Account using false or misleading information or on behalf of someone else.

4.6. Collections WA is not responsible for any unauthorised use of Contributor Accounts.

 

5. Use of Collections WA

5.1. Contributing to Collections WA is voluntary and free.

5.2. Any costs incurred to upload content to Collections WA will be at your own expense and will not be reimbursed by Collections WA.

5.3. When uploading content to Collections WA, Contributors agree not to:

a) upload content that is illegal, offensive, defamatory or of a harmful manner. This includes anything that is obscene, abusive, threatening, vulgar, pornographic, violent, racially offensive or otherwise objectionable.

b) add content that intimidates, impacts, interferes with or harasses Contributors and Users of Collections WA. Or anything that is invasive of someone’s privacy; encourages any conduct that would constitute a criminal offence; give rise to civil liability or is otherwise illegal or unlawful.

c) upload any content that you do not have a legal right to upload. This includes content that infringes the copyright or intellectual property rights of another person. Please refer to the Collections WA Copyright Statement.

d) introduce any virus or other form of malicious code to Collections WA. e) upload any content that advertises, offers or promotes services or anything of a commercial nature, as well as calls for people to become members of organisations or for funds.

5.4. Collections WA does not intend to edit, monitor, moderate or screen any content uploaded to Collections WA, but reserves the right to:

a. examine the content that has been uploaded to the website for compliance to these Terms of Use, especially copyright

b. remove any content that breaches these Terms of Use, copyright or privacy laws without prior notice.

5.5. Contributors agree to adhere to their relevant industry standards. For details see the Resources section of the Collections WA website.

5.6. The presence of email addresses on Collections WA does not grant permission to send unsolicited emails to those addresses.

5.7. Users and Contributors must comply with legal and ethical standards, and with publicly accepted standards of interpersonal interaction.

5.8. Users of Collections WA must attribute any content they have used. To do so you must include:

a) a link to the Collections WA website

b) the name of the Collecting Organisation that uploaded the content

c) the author/creator of the original work

d) date you accessed the information.

5.9 Contributors must keep a back-up copy of their own items and metadata.

 

6. Bulk Uploading

Contributors with existing databases or spreadsheets are able to bulk upload their data to Collections WA.

6.1. Users are required to format their data to the specifications provided by Collections WA before uploading their data.

6.2. Collections WA reserves the right to withdraw the bulk uploading service if it is misused.

6.3. The bulk uploading service is free.

 

7. Termination of Contributor Accounts

7.1. Collections WA reserves the right to terminate a Contributor Account if the Contributor:

a) breaches these Terms of Use

b) repeatedly infringes copyright and intellectual property legislation

c) does not adhere to the Privacy Act 1988

d) no longer meets the eligibility criteria as set out above

e) does not ensure the security of Collection WA resources.

7.2. In the instance of a Contributor breaching the Terms of Use they will receive a written warning via email. A maximum of three written warnings will be issued before termination of the Contributors Account.

7.3. If a Contributor Account is terminated that Contributor (or their representative) may not register for another account without the approval of Collections WA.

 

8. Wind Up Policy

8.1. Should a Collecting Organisation ceases to operate the following steps will be undertaken to ensure the integrity and security of their collection data.

a) The Collecting Organisation must contact Collections WA in writing to inform Collections WA of their closure and request the return or deletion of data.

b) Collections WA will download and return to the Collecting Organisation any data or image files. Once this is completed the Contributors Account will be deleted.

8.3. If a collection becomes the property of a third party, Collections WA must be contacted in writing to confirm the approval of transfer of the Collecting Organisation’s data to the third party’s Contributor Account.

8.4. In the event that Collections WA ceases operation, Contributors will be provided sufficient notice and the opportunity to receive downloaded data and image files.

 

9. Copyright

9.1. Contributors to Collections WA are responsible for ensuring they do not breach copyright restrictions in uploading content to the website. For more information, please refer to the Collections WA Copyright Statement.

9.2. Contributors and Users must adhere to the Commonwealth Copyright Act 1968.

9.3. Collections WA will not be responsible for monitoring or enforcing the copyright obligations of Contributors or Users.

9.4. Users of Collections WA are permitted to use the uploaded content in designated ways. See 9.5 and 10.

9.5. The Copyright Act allows you fair dealing exceptions for use of copyright material without permission for the following purposes: research or study; criticism or review; parody or satire; reporting news; legal advice or for enabling a person with a disability to access the material. For more information, refer to the Fair Dealing: What Can I Use Without Permission? Fact Sheet from the Australian Copyright Council.

9.6. Repeated copyright violations may constitute termination of an Contributor Account. Please refer to 7.1.

9.7. If you think your copyright has been breached, please refer to the Collections WA Takedown Policy and contact the Special Project Officer - Collections WA at WABranch@amaga.org.au.

9.8. Collections WA acknowledges and respects the rights of Indigenous peoples to the selfdetermination of Indigenous Cultural Intellectual Property (ICIP). In addition to adhering to Australian intellectual property laws, Contributors are expected to respect ICIP in uploading content to the website. For more information please refer to the Arts Law Centre of Australia’s information sheet titled Indigenous Cultural and Intellectual Property (ICIP) (AITB).

 

10. Creative Commons License

10.1. Contributors are responsible for obtaining appropriate permission from copyright owners of copyrighted content in their collection which allows dissemination via one of the below licenses.

a) Attribution-NonCommercial-ShareAlike 3.0 Unported Creative Commons License (CC BY-NC-SA 3.0);

b) Attribution-NonCommercial-ShareAlike 3.0 Unported (CC BY-NC-SA 3.0);

10.2. These licenses do not apply to materials which would otherwise be unrestricted as public domain works.

10.3. Contributors are responsible for understanding and communicating the rights of their own collections.

 

11. Trove - Licensing, Re-use and the Trove API

 

On Collections WA, publicly available collection records are covered by an AttributionNonCommercial-Share-Alike 3.0 Creative Commons License (see 10.1.b). When shared with Trove, those same records are covered by a less restrictive set of terms and conditions. If you are considering using the Trove API, please remember the following:

11.1 Whenever you use the Trove API, you should acknowledge Trove as the source of the data.

11.2 Text within records becomes freely available for both non-commercial and commercial use via the Trove API. That text may be copied, altered and republished without attribution by commercial or non-commercial entities. 1

1.3 Some Trove content is in copyright and owner rights must be respected. It is your responsibility to ascertain copyright status and clear copyright with the original provider before making content publicly available.

11.4 Please note that this information is subject to change without notice. For further information and to stay up to date, please visit Trove’s Licensing and re-use and API Terms of Use pages.

 

12. Third Party Websites

12.1. Collections WA is not responsible for third party websites or their contents.

12.2. If you click on any third party websites, you will be leaving Collections WA and doing so at your own risk.

12.3. The inclusion of any link does not imply endorsement by Collections WA.

12.4. Collections WA is not liable for any loss or damage that occurs from accessing these websites.

 

13. Governing Laws

13.1. These Terms of Use are governed by the laws of Western Australia.

13.2. You submit to the non-exclusive jurisdiction of the courts in Western Australia.

 

14. Disclaimer and Liability

14.1. Collections WA data, including images and text, made available on the website is owned or licensed by the respective individuals or Collecting Organisations.

14.2. Data is stored and maintained on a server owned by the Western Australian Museum. The Western Australian Museum is responsible for the security and integrity of that data.

14.3. To the extent permitted by law, Collections WA is not liable for any loss, injury, claim, liability or damage of any kind resulting from the use of Collections WA or for any content available or accessible on Collections WA.

14.4. Users are responsible for checking the accuracy, currency, completeness and relevance of the content on Collections WA before relying on them for their own purposes. As are Contributors before they upload any content.

14.5. The content on this website does not necessarily reflect the views and opinions of Collections WA.

14.6. Users are warned that content on Collections WA may contain language or views which reflect the period in which the items were created and may be considered to be inappropriate or offensive today.

 

15. Glossary

15.1. Public access means the collection must be available to the public through regular opening hours or via appointment if not regularly staffed, or digitally, where content is made publically available online. Collections WA acknowledges the necessity to restrict public access to some collection items for legal reasons but requires a [majority] of records to be publicly accessible.

15.2. Special interest groups are organisations that maintain and make accessible a permanent collection as part of their wider organisational activities. A special interest group must make their collection accessible as per 15.1.

15.3. Family history groups are organisations that maintain and make accessible a permanent collection of material relating to one or more families. A family history group must make their collection accessible as per 15.1.

15.4. Private or commercial refers to an individual, business or organisation that acquires and maintains a collection for personal or commercial use rather than public benefit. The collection may or may not be permanent and the collection may or may not be publicly accessible.