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Terms & Conditions

 

In Brief  

Before using or subscribing to Metcalfes-online.co.uk, please review the following terms and conditions which define your rights, responsibilities and benefits as a user of Metcalfes-online.co.uk.

 

The data contained within The Metcalfe Society Members Area at www.metcalfes-online.co.uk and subsidiary domains (The Website) is copyright The Metcalfe Society and/or individual contributors. Use of any and all information contained within The Website is provided for personal genealogy use and is not to be reproduced, transmitted, distributed or sold, either whole or in part, without the written permission of The Metcalfe Society or the applicable copyright holder.

 

By logging into this website you agree to be bound by the terms and conditions. Usernames, time/date of login and duration of login, as well as IP addresses, will be logged by our systems. The Metcalfe Society will take action against any persons who are found to have used information gathered from The Website in contravention of these terms and conditions.

 

Metcalfes-online.co.uk Licence and Terms and Conditions of Use

Metcalfes-online.co.uk is an Internet service (the "Service") owned and operated by The Metcalfe Society, a UK Registered Charity. If you are under the age of 18, you may not access nor use this Service, unless you obtain permission of your parent or legal guardian (collectively “Guardian”) and your Guardian has confirmed to us that he or she takes full responsibility for your access and use of this Site. "You" or "your" means a permitted user of the Service or, in the case of minors, the Guardian of such minor. Your use of the Service indicates that you accept these terms and conditions (the "Terms and Conditions") and the accompanying PRIVACY POLICY (together the "Agreement"). If you don't agree with any of these terms and conditions, you must not use the Service. We may alter this agreement at our discretion, and your continued use after any change indicates your acceptance of that change. If you don't want to be bound by a change, you must discontinue use of the Service.

 

Metcalfes-online.co.uk contains graphics, information, data, editorial and other content accessible by any Internet user and similar content which is accessible only to our subscribing members, ("Content"). Whether in the free section or in the subscription section of the Service, the copyright in all Content and any other intellectual property rights in the Service are owned by The Metcalfe Society, or third party providers, and may be used only in accordance with the provisions of the limited use licence set out below.

 

Limited Use Licence

You are licensed to use the Content only for personal family history research, and may download Content only as search results relevant to that research. The download of the whole or material parts of any work or database is prohibited. Resale of a work or database or portion thereof, except as specific results relevant to specific research for an individual, is prohibited. Online or other republication of Content is prohibited except as unique data elements that are part of a unique family history or genealogy. Violation of this limited use licence may result in immediate termination of your membership and may result in legal action against you. You may use the software provided on the Service only while online and may not download, copy, reuse or distribute that software, except where it is clearly stated in connection with software that it is made available for offline use, and a licence for such use is provided in connection with that software.

 

User Provided Content

Portions of the Service will contain user provided content intended to be viewed in the form submitted by a member ("User Provided Content"), to which you may contribute appropriate material. For User Provided Content, Metcalfes-online.co.uk is merely hosting and providing access, and accepts no liability whatsoever with regard to such material (including with respect to its accuracy). By submitting material to The Metcalfe Society, you grant The Metcalfe Society a licence to host and provide access to such material, allow hosting and access on co-branded services of that material, and to use the data contained in that material as search results and to integrate that data into the Services offered by The Metcalfe Society as it deems appropriate. This agreement will extend to all material previously submitted to The Metcalfe Society. If you do not wish previously submitted material to be used in this way please contact webadmin@metcalfe.org.uk with details.

 

You must submit only material which belongs to you and which will not violate the property or other rights of other people or organisations. We are sensitive to the copyright and other intellectual property rights of others. We will not monitor User Provided Content, with the exception that, to promote privacy, an automated filtering tool will be used to suppress and omit from display information submitted which appears in our best judgement to pertain to a living person. We also reserve the right to act expeditiously to remove or disable access to any User Provided Content that comes to our attention, including information which we believe, in our sole discretion, is illegal, obscene, indecent, defamatory, incites racial or ethnic hatred or violates the rights of others, and we may terminate your use of the Service in these circumstances.

 

Liability Disclaimer

Although we will try to ensure the accuracy and quality of the Service, the Service is provided on an "as is basis" and (i) we do not accept responsibility for any use of or reliance on the Service or for any disruptions to or delay in the Service; and (ii) we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Service. Changes are periodically added to the information herein. No warranty, term or condition, express or implied, is offered by us and our third party suppliers in relation to the Service, except as expressly provided below.

 

We are not liable to you for any of the following types of loss or damage, whether in contract, tort (including negligence) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of the use of money; (iv) loss of anticipated savings; (v) loss or corruption of, or damage to, data, systems or programs; or (vi) any indirect or consequential loss or damage howsoever caused, provided that nothing in this agreement will be interpreted so as to limit or exclude our liability for (i) death or personal injury caused by our negligence (as defined in Section 1 of the Unfair Contract Terms Act 1977); (ii) the tort of deceit; (iii) any breach of the obligations implied by section 12, 13, 14 or 15 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (iv) any liability which cannot be excluded or limited by law . Any statutory rights you may have as a consumer remain unaffected.

 

If you did not enter this agreement as a consumer, then in addition to the above limitations of liability, we are also not be liable to you for any of the following types of loss or damage, whether in contract, tort (including negligence) or otherwise (whether such loss or damage was foreseeable, known or otherwise): (i) loss of business; (ii) loss of opportunity; (iii) loss of goodwill; or (iv) loss of reputation. We also exclude our liability for any breach of the obligations implied by sections 13, 14 or 15 of the Sale of Goods Act 1979.

 

Except in respect of liability which cannot be limited or excluded (as set out above), our total liability to you whether in contract, tort (including negligence) or otherwise is limited to [£10] for each claim or series of connected claims or in aggregate £50 for any number of incidents in any 12 month period.

 

The Metcalfe Society may, from time to time, provide opportunities to users of the Service to link to or buy services from third parties. Sites of those third parties may be subject to terms and conditions different from those found here. The Metcalfe Society makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from The Metcalfe Society.

 

If you are dissatisfied with any portion of the Service, or with any of these terms of this Agreement, you should discontinue using the Service.

 

Additional Guest or Subscribing Member Terms

1. Registration and Security  

1.1 As part of the registration process, you will be given a password and username ("Username"). You must provide The Metcalfe Society with accurate, complete and updated registration information. Failure to do so will result in breach of this Agreement. You understand that you may not (i) supply or use a name of another person with the intent to impersonate that person; (ii) use the rights of another person without authorisation; or (iii) use a name that we, in our sole discretion, deem offensive. As you submit information, you understand that Metcalfes-online.co.uk is owned and operated by The Metcalfe Society, a Registered Charity operated in the UK. Registration as a user of or subscriber to the Service results in your customer information being stored and processed in the UK, and you, in registering or subscribing, specifically consent to that storage and processing in accordance with our PRIVACY POLICY. You should review and correct this information regularly. Where you provide us with sensitive data, including for example, your religious or political beliefs, you consent to its use by us in accordance with the Privacy Policy and to it being stored and processed in the UK.

 

1.2 You must immediately notify us by regular mail or by e-mail at webadmin@metcalfe.org.uk of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password. You are responsible for maintaining the confidentiality of your password.

 

1.3 You must be 18 years or older to subscribe to the Service.

 

1.4 You are responsible for all usage or activity on Metcalfes-online.co.uk via your password account. Distribution of your password to others for access to Metcalfes-online.co.uk is expressly prohibited and shall constitute a breach of this Agreement. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at our sole discretion, and you may be referred to appropriate law enforcement agencies.

 

2. Fees and Payments  

2.1 Subscription membership in the Service is on an annual service basis. This means that once you have become a subscribing member, your subscription must be renewed each year and you will be charged based on the subscription service applicable to your membership.

 

2.2 Cancellations. Initial Annual Subscription. An initial annual subscription comes with the option to cancel during the first 7 working days and receive a full refund. Cancellations during the 7 working days must be made by e-mail to webadmin@metcalfe.org.uk and provide the following information: Name, Address, Email and date of purchase.

 

Your cancellation email must be received by end of day (12:00 Midnight GMT) on the 7th working day after the subscription begins. Please allow a reasonable time for the refund to reach you or be charged back to your credit card if you have subscribed by credit card. All other subscriptions, including monthly subscriptions, quarterly subscriptions, or annual renewals, may be cancelled by you at any time but no refund will be made for unused subscription periods unless you are legally entitled to a refund or compensation because we have not complied with our obligations to you.

 

There is a law applying to UK consumer users called the Consumer Protection (Distance Selling) Regulations 2000, which can allow you to cancel monthly subscriptions, quarterly subscriptions, and subscription renewals (usually within seven days). However, you agree in this case that you will not be able to cancel monthly subscriptions, quarterly subscriptions, and subscription renewals in this way once you are able to log on and access subscription areas of the Metcalfes-online.co.uk site.

 

If you are cancelling an order for Goods after the goods have been despatched, you must return them to The Metcalfe Society AT YOUR OWN COST within 21 days of receipt and in a unused and re-saleable condition. We reserve the right to retain a portion of any monies paid to cover loss or damage of the goods and will be calculated on the replacement cost of the goods rather than the sale price.

 

2.3 Subscription costs may be changed by Metcalfes-online.co.uk at any time and each renewal of your subscription will be at the then standard renewal cost for the period which you originally selected when you subscribed.

 

3. Communications between The Metcalfe Society and You

We will send electronic mail to you, for the purpose of informing you of changes or additions to Metcalfes-online.co.uk, or of any related products and services. You may opt out of this notification service by clicking the unsubscribe link at the end of the email. For further information on our use of subscriber demographic information, see the PRIVACY POLICY on the Service.

 

4. Termination

Should you breach this Agreement, we will have the right to revoke your licence to use the Service and suspend your right of access. In such a case, no portion of your subscription payment will be refunded. Should we decide to suspend the subscription service for any reason other than breach, we will refund to you the unused portion of your subscription payment, which will be your sole and exclusive remedy upon such a suspension of service.

 

5. Assignment

We reserve the right to assign or transfer our rights and obligations under this Agreement to any person who agrees to assume and comply with all the obligations set out in this Agreement. This Agreement is personal to you and, as a result, you may not without the written consent of The Metcalfe Society assign or transfer any of your rights and obligations under this Agreement.

 

6. Modifications to this Agreement and Service  

The Metcalfe Society has the right, at its sole discretion, to modify this Agreement or the Service at any time in order to take account of changes to the Service, changes in law or any other reason which The Metcalfe Society may deem valid at any time. Changes to the Service will be posted at Metcalfes-online.co.uk or sent via e-mail or postal mail to you. If any portion of this Agreement or any change of this Agreement of the Service is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may cancel your subscription in accordance with Clause 2. Continued use of the Service now or following posted notices of changes in this Agreement means that you have accepted and are bound by the changes.


7. Miscellaneous

7.1 This Agreement shall be governed by and construed in accordance with the laws of England and any disputes in relation to this Agreement shall be heard by the English courts.

 

7.2 Save as provided in this clause 7.2, you shall have no remedy in respect of any representation (whether written or oral) made to you upon which you relied in entering into this Agreement (“Misrepresentation”) and we shall have no liability to you other than pursuant to the express terms of this Agreement. Nothing in this Agreement shall exclude or limit our liability for any Misrepresentation made by us knowing that it was untrue. Nothing in this Agreement shall exclude our liability for any fundamental Misrepresentation, including any Misrepresentation as to a matter fundamental to the maker’s ability to perform its obligations under this Agreement, but such liability shall be subject to the limit set out in this Agreement.

 

7.3 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

 

7.4 In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. We can replace ay term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.

 

7.5 Any failure by us to enforce any term of this Agreement shall not affect our right to require such performance at any subsequent time, nor shall the waiver by us of any breach by you of any provisions of this Agreement be taken to be a waiver of the provision or provisions itself.

 

7.6 You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or otherwise as a result of your use of Metcalfes-online.co.uk.

 

7.7 Official correspondence must be sent via postal mail to:

Legal Secretary,   The Metcalfe Society ,   c/o 22 Lime Grove,   Timperley,   Altrincham,   Cheshire,   WA15 6PJ,   UK



Federation of Family History Societies Member Guild of One Name Studies Member Based in the Yorkshire Dales National Park Best Website 2009 Award, Federation of Family History Societies 2009 Elizabeth Simpson Award - Commended, Federation of Family History Societies

Established in 1980. UK Registered Charity No. 1000879.
Post: The Metcalfe Society, 17 Bailey Walk, Wakefield, West Yorkshire, WF4 3QW, UK
Email: enquiries@metcalfe.org.uk | Telephone: +44 (0) 1924 260926 | Website: http://www.metcalfe.org.uk