These Terms shall govern the relationship between you (“you”) and Jersey Heritage Trust. By accessing or using the Website or the services that we perform via the Website (“Service”), you are concluding a legally binding agreement with us, based on these Terms, including all terms, conditions and policies incorporated herein. If you don’t agree with any of these Terms you must not use the Service or Website.
- Your Use of the Website
- Your Compliance Obligations
- Liability Disclaimer
- Additional Guest or Subscribing Member Terms
- Communications between Jersey Heritage Trust and You
- Modifications to these Terms and the Service
- Data Protection
Jersey Heritage Trust offers an online archival platform and service where users can discover, research, and archive their family history by searching our database of records,
Users of the Service may be un-registered, registered, pay-per-view or paying subscribers. The different payment options and services offered for the different levels will be published on the relevant Website or at the time a subscription or other service is taken out and the terms and conditions applying to such subscriptions or other services will be incorporated into these Terms
- Your Use of the Websites
The Website may contain text, software, scripts, graphics, information, data, pictures, sounds, music, videos, interactive features, editorial and other content accessible by Users (the “Content”). All Content is owned, licensed to and/or copyrighted by Jersey Heritage Trust and may be used only in accordance with this Agreement. The Website is also protected by copyright as a collective work and/or compilation, pursuant to relevant copyright laws and international conventions. The trademarks, service marks and logos contained in the Website are owned by or licensed to Jersey Heritage Trust. Jersey Heritage Trust retains title, ownership and all other rights and interests in and to all information and Content on the Website.
For the duration of your subscription, you may access the Website only personally with an individual browser or mobile application (bots, crawlers, spiders, scraping and other automatic access tools are prohibited), use graphics, information, data, editorial and any other Content only for personal or professional family history research, and download Content only as search results relevant to that research. For example, the download of the whole or material parts of any work or database is prohibited. Resale of a work or database or portion thereof 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 license may result in immediate termination of your membership and may result in legal action against you.
The Content may be downloaded onto your computer or device through the use of authorised Jersey Heritage Trust software. When downloaded, the Content remains subject to the limited use license contained in this Agreement. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may use any software provided via 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 license for such use is provided in connection with that software. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites or Services or the Content therein.
- Your Compliance Obligations
Generally, you must comply with all applicable laws and refrain from infringing any third-party rights or interests (including, without limitation, privacy and intellectual property rights) and you shall not knowingly, willfully or recklessly submit inaccurate, defamatory or offensive Content to the Website or other users.
- Liability Disclaimer
No Warranty. We do not extend or express any warranties or representations as to the quality and/or accuracy of the Content, Website or Service, and we expressly disclaim and exclude any implied warranties, conditions and/or representations to the maximum extent permissible under applicable law. Without limiting the generality of the foregoing, we offer the Service on an “as is basis” and (i) we do not accept responsibility for any use of or reliance on the Website, Content or 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 Website, Content or Service. Furthermore, Jersey Heritage Trust does not guarantee the adequacy of the Service or Website or compatibility thereof to your computer equipment or environment. Jersey Heritage Trust does not warrant that this Website, the Service, its servers, or any emails which may be sent from Jersey Heritage Trust are free of viruses or any other harmful components.
Limitation of Liability. We limit our liability to the maximum extent permissible under applicable law. In particular, we shall not be liable for any damages that we cause unintentionally and we shall 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 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 these Terms will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. If you are using the Service as a consumer, your mandatory, statutory consumer rights shall be unaffected.
Liability Cap. 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 the aggregate fees received from you in connection with the Service in the 12 month period preceding the incident on which your claim is based.
No Liability or Endorsement for Third Party Services. Jersey Heritage Trust may, from time to time, provide opportunities to users of the Service to link to or buy services from third parties. Websites of those third parties may be subject to terms and conditions different from those applicable to the Website and it is your responsibility to ensure that you have read and understood them. Jersey Heritage Trust 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 Jersey Heritage Trust.
Exclusive Remedy. Without prejudice to the foregoing provisions of this clause 4, if you are dissatisfied with any portion of the Service, or with any clause of these Terms, as your sole and exclusive remedy you may discontinue using the Service and Website. If you are a paying subscriber and you terminate for our breach or important cause after providing us with a 30 day cure period during which we are unable to cure, we will refund any pre-paid fees on a pro-rated basis to you.
If we decide to discontinue use of the Website or Service, or if you breach these Terms, we may suspend or terminate your access to the Website and Service.
- Additional Guest or Subscribing Member Terms
6.1. Registration and Security
6.1.1 As part of the registration process, we will provide you with a subscriber name and a password. You must provide Jersey Heritage Trust with accurate, complete and updated registration information. Failure to do so will result in breach of these Terms. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of another person without authorization; or (iii) use a name that is offensive to a reasonable person.
6.1.2 You must immediately notify us by regular mail or by email at email@example.com of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are responsible for maintaining the confidentiality of your password.
6.1.3 You are responsible for all usage or activity on the Website via your account. Distribution of your password to others for access to the Website or Service is expressly prohibited and shall constitute a breach of these Terms. 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.
6.2. Subscribing, Fees and Payments
6.2.1. The subscription is not confirmed until the validation of payment and once the sum is credited to Jersey Heritage Trust. The acceptance of the contract by signing up to the subscription process has the same value as a handwritten signature. At the same time you complete the subscription process you will be sent a confirmation email and your subscription will then commence within 10 working days. It is recommended that you keep this email and/or print it out.
All subscriptions will be terminated after 1 year and can be renewed by contacting firstname.lastname@example.org.
6.2.3 Prices. The price of the Service is expressed in the relevant local currency of the Website. Acceptable payment methods will be displayed at the time payment is made.
- Communications Between Jersey Heritage Trust and You
We will contact you (via the Website, electronic mail, physical mail or otherwise) for the purpose of informing you of changes or additions to the Website or Service, or of any related products and services. You may opt out of commercial advertising and marketing emails at any time by contacting email@example.com.
We reserve the right to assign or transfer our rights and obligations under these Terms to any person who agrees to assume and comply with all the obligations set out in these Terms in circumstances that will not affect your rights or our obligations under these Terms. These Terms are personal to you and, as a result, you may not without the written consent of Jersey Heritage Trust assign or transfer any of your rights and obligations under these Terms.
- Modifications to these Terms and the Service
Jersey Heritage Trust may modify these Terms (including any of the terms incorporated by reference herein), the Website, or the Service at any time in order to take account of changes to user preferences, the Internet economy, applicable laws and industry practices, or other reasons. Changes will be posted at the Website or notified by email, postal mail or otherwise. With respect to any changes to the Terms that involve material adverse changes, such as deteriorated entitlements or higher costs, we will offer subscribers an opportunity to opt out of such changes for the remainder of their paid subscription (with the effect that we continue to apply the previous version of the Terms or allow the subscribers who are opting out to terminate early subject to a pro-rated refund of prepaid fees), if and as required by law. If you do not accept these updated Terms or do not wish to be bound by changes following posted notices you should discontinue use of the Website and the Service.
10.1 These Terms and any disputes arising out of or relating to these Terms, the Service or the Website (including contract, tort, statutory and other claims) shall, to the extent permitted by law, be governed by and construed in accordance with the laws of Jersey and subject to jurisdiction of the courts of Jersey. Your mandatory, statutory consumer rights, including in relation to court jurisdiction, shall be unaffected.
10.2 In the event that any term of these Terms is held to be invalid or unenforceable, the remainder of these Terms 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.
10.3 Any failure by us to enforce any term of these Terms 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 these Terms be taken to be a waiver of the provision or provisions itself.
10.4 You agree to indemnify us against all liabilities, claims and expenses that we incur or suffer as a result of any breach of these Terms by you or otherwise as a result of your unauthorised use of the Website.
10.5 Official correspondence must be sent via postal mail to:
Jersey Heritage Trust
10.6 These Terms, including any terms, conditions and policies expressly referenced herein, shall constitute the complete understanding and agreement between you and us, and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Jersey Heritage Trust. Except in respect of liability that cannot be limited or excluded under applicable law, you acknowledge that you have not relied on any representation, warranty, condition or undertaking apart from those (if any) expressly set out herein.
11. Data Protection
Jersey Heritage is registered as a data controller under the Data Protection (Jersey) Law, 2005. Jersey Heritage collects your personal data from an online query for the following purposes:
- To respond to enquiries
- To set up subscription services
- To monitor research interests of readers of Jersey Archive
- To monitor membership of Jersey Heritage
- To contact readers and notify you of any special events, organisational developments and promotions offered by Jersey Heritage
Storage of Personal Data:
Subscription and enquiry data is stored electronically on the Jersey Heritage servers. Backup copies of data are stored on site at Jersey Heritage properties. Data might also be stored offsite by a 3rd party data storage provider. Subscription data will be stored on the archive reader database for 5 years. Your registration details will then be deleted from database and held in an export file to establish audit and security trails of documents ordered. Your data will not be disclosed to any other ‘3rd party’ unless required by statute or by obtaining your express approval.