Terms And Conditions

Terms And Conditions

PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF OUR ONLINE SERVICES AND LIMITS OUR LIABILITY TO YOU. BY CLICKING ON THE "I ACCEPT" BUTTON AND ACCESSING THE WEBSITE AT WWW.NMARCHIVE.COM ("THE SERVICE") YOU ARE FORMING A CONTRACT AND AGREEING TO THE TERMS AND CONDITIONS THAT APPEAR BELOW. REFERENCE TO "YOU" AND "YOUR" ARE TO YOU AS AN INDIVIDUAL. IF YOU USE THE SERVICE IN THE COURSE OF YOUR BUSINESS YOU ARE ALSO AGREEING TO THIS AGREEMENT ON BEHALF OF THAT BUSINESS AND REFERENCE TO "YOU" AND "YOUR" INCLUDE YOUR BUSINESS.

1. Use of the Service

1.1 The Service is provided by Military-Genealogy.com Ltd whose registered office is at Unit 5 Brambleside, Bellbrook Industrial Estate, Uckfield, East Sussex TN22 1QQ ("MG.COM") in accordance with the terms and conditions of this Agreement. All financial transactions are processed by WorldPay and PayPal. You will receive access to the Service following registration and payment for the charges in accordance with Clauses 1 and 2.

1.2 You must be eighteen years old or over to register to use the Service.

1.3 Each registration is for a single person or organisation only as included in Your registration information.

1.4 Your ID shall be kept secret and personal to You and must not be disclosed to any third party in any circumstances. You shall be responsible for keeping Your ID secure and confidential. You shall take all precautions to prevent it being used by anyone else.

1.5 If You disclose or share Your ID with a third party or allow another person to access the Service on Your behalf, You agree to indemnify MG.COM for any loss or damage that may be incurred by MG.COM as a result of Your actions. If MG.COM reasonably believe that an ID is being used in any way which is not permitted by this Agreement, MG.COM reserve the right to cancel access rights immediately and without notice, and to block access to all users accessing the Service through that ID.

1.6 Should You become aware that another person knows Your ID, You should immediately notify MG.COM by sending an email to info@nmarchive.com.

1.7 When accessing and using the Service, You shall comply with all applicable laws and regulations in the country from which You access the Service.

1.8 You shall be responsible for installing the necessary software to access the Service.

1.9 Your rights shall be limited to the viewing of files for private home research only, and strictly non-commercial purposes. Information from this website may not be sold on or offered via internet forums as a look up service.

2. Charges

2.1 MG.COM charge on a subscription basis for access for a period of time.

2.2 MG.COM's acceptance of payment instructions is subject to a minimum purchase.

2.3 MG.COM's charges will be processed by MG.COM through PayPal, or against Your credit or debit card payment instruction details and when You provide credit, debit or charge card information, you warrant that you are fully entitled to use that card and that it has sufficient funds to cover the purchase.

2.4 WorldPay or PayPal will display a printable invoice on screen when payment is requested and will acknowledge receipt of payment by email once the payment has been processed.

2.5 MG.COM may increase their charges without notice.

2.6 You must notify MG.COM by email to info@nmarchive.com of any change in Your payment instruction details.

3. The Service

3.1 MG.COM reserve the right to alter without notice the content, presentation and/or facilities of the Service.

3.2 MG.COM may offer You additional services. If the addition of these services involves an increase in Your charges, MG.COM shall notify You by email and via the terms and conditions page on this Service.

3.3 MG.COM reserve the right to terminate the Service at any time. No refunds will be issued.

4. MG.COM's Liability

4.1 MG.COM does not accept any liability for loss or damage, whether direct, indirect or consequential, resulting from the use of or Your inability to use the Service, whether as a result of inaccuracies, defects, errors (typographical or otherwise), omissions, out-of-date information or otherwise and you agree to indemnify MG.COM, its employees and agents against any loss, liability, damage or expense (including reasonable attorney fees) that may arise in connection with any failure by You to comply with these terms and conditions.

4.2 You agree that the Service is accessed entirely at Your own risk and that You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data.

4.3 MG.COM does not accept any liability in connection with any third party websites that can be accessed through the Service and does not endorse or approve the content of any third party website.

4.4 Notwithstanding the above, MG.COM does not exclude liability for any fraudulent misrepresentation made by it, or death or personal injury which is caused by its negligence in the performance of its obligations under this Agreement.

4.5 MG.COM shall not be liable for any loss or damage (howsoever arising) of an economic, financial or consequential nature, whether advised of the same or foreseeable or not.

4.6 MG.COM shall endeavour to provide the Service using all reasonable care, but despite the great care MG.COM put into the compiling of information, MG.COM does not warrant that all information provided under the Service is accurate, complete or current.

4.7 MG.COM does not warrant that the Service will operate without interruption or delay or will be error free, free of viruses or bugs or compatible with any other software or material.

5. Copyright and Trademark

All copyright, trademarks and other intellectual property rights in all material or content supplied as part of the Service shall remain at all times vested in MG.COM. You are permitted to use this material or content only as expressly authorised in accordance with this Agreement. You shall not, and shall not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content or create a database in electronic or structured manual form by systematically downloading and storing all or any of the material or content supplied as part of the Service or in any other way infringe the intellectual property or other rights pertaining to such material or content vested in MG.COM. Breach of copyright will result in both civil and criminal actions.

6. Suspension and Termination

6.1 MG.COM shall be entitled to suspend or terminate Your access to any part of the Service at any time should You breach this Agreement.

6.2 You may terminate this Agreement and receive a full refund of any payment credited to MG.COM provided You have notified MG.COM by email to info@nmarchive.com of your intention to terminate the Agreement within 8 working days of Your first registration. You may not terminate this Agreement after this period, other than in accordance with Clause 6.3 below. You will not be eligible for a refund once you have carried out a single look up of a single record.

6.3 You may terminate this Agreement if the Service is discontinued or if MG.COM are in material breach of this Agreement and the breach is not remedied within 30 days after written notice of the breach has been provided to MG.COM.

7. Privacy

7.1 MG.COM shall comply with all applicable UK data protection legislation from time to time in force in respect of any personal information relating to You gathered by MG.COM.

7.2 Where You are asked to provide personal information in order for MG.COM to provide the Service to You, You are responsible for the accuracy and truthfulness of such information and warrant and undertake to MG.COM that all information is true and correct.

7.3 MG.COM may store the personal information You provide on Your computer as a "cookie" unless You disable this function on your computer by configuring Your web browser to refuse cookies. A "cookie" is a small text file that the Service will store on Your web browser. The cookie might reside in Your computer's memory, or it might be stored in a special folder on Your hard drive so it can be retrieved by MG.COM later. The Service uses cookies to provide interactive and dynamic Web applications. MG.COM may access the information contained within the cookie whilst You are connected to the Service, however, MG.COM shall ensure your personal information is kept confidential.

8. Changes to this Agreement

MG.COM may change the terms and conditions of this Agreement on one month's notice. You will be notified of any changes by email and via the terms and conditions page on this Service. Your continued use of the service will constitute acceptance of such changes.

9. Notices

Any notice or other document required to be given under this Agreement shall be given by email and shall be deemed to be received the same working day if sent by 4.00 p.m. or on the next working day if sent after 4.00 p.m. or on a non-working day.

10. Proper Law

This Agreement shall be governed by and construed in accordance with the laws of England and Wales and be subject to the exclusive jurisdiction of the English courts.

11. Miscellaneous

11.1 If any provision of this Agreement shall be prohibited by or adjudged by a court to be unlawful, void or unenforceable, such provision shall to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect the validity or enforcement of the remainder of this Agreement.

11.2 This Agreement contains the full and complete understanding between the parties and supersedes all prior arrangements and understandings whether written or oral appertaining to the subject matter of this Agreement.

11.3 No failure or delay on the part of either of the parties to this Agreement relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any proceeding or succeeding breach by the other party to this Agreement.

11.4 For the purposes of the Contracts (Rights of Third Parties) Act 1999, this Agreement is not intended to, and does not, give any person who is not a party to this Agreement any right to enforce any of these provisions.

 

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