Terms and Conditions for the Use of this Site

Please read these terms and conditions carefully. They contain important information about your rights and obligations. You can print out these terms and conditions by clicking on the print icon on your browser.

1.Introduction

1.1 Please read these terms and conditions carefully before using this website.

1.2 This website is operated by Manuscripti Limited ('The Company', 'our', 'we' or 'us'). The Company is registered in England and Wales under Company Number: 04582770 and its VAT registration number is GB 811 9024 58. The registered office of the Company is at Burdyke, Weekley, Kettering, Northamptonshire, NN16 9UX.

1.3 By clicking on the 'I Accept' button in relation to these terms and conditions when you register or by accessing or using this website ('our website') you agree to be legally bound by these terms and conditions, as they may be modified and posted on our website from time to time.

1.4 If you do not wish to be legally bound by all of these terms and conditions then you may not use our website.

2. Nature of our website

2.1 Our website is a place for you to search for, view and download historical records and associated records including digital images (the 'Materials'). Our website describes the Materials in more detail.

2.2 Please note that the Materials on our website are available only to individuals who can form legally binding contracts under applicable law. You must be eighteen (18) years or over to view and/or download the Materials, using one of the payment methods displayed on our website. If you do not qualify, you may not use this website.

3. Registering on our website

3.1 To view and download Materials from our website, you must first register on our website. The registration procedure is described in detail on our website.

3.2 When registering on our website, you will need to supply us with certain personal information. Please see section 4 of these terms and conditions and our privacy policy for more about the personal information that you provide to us.

3.3 When you register on our website we will create an account for you. This account is for your exclusive use under the terms of this contract. You should not allow anyone else to use your account for the purposes of accessing our website.

3.4 When you register, you will have to choose a password. This password is personal to you alone and you should not disclose it to anyone else. You will need to use the password to access our website and to view and download Materials. You should not allow anyone else to use your password for the purposes of accessing our website, and you should let us know if you think that anyone else has discovered your password or if you think that your password is, or may be, used in a way that is not allowed under these terms and conditions.

4. Information you provide to us

4.1 The following applies to any information you provide to us, for example during any registration or purchasing process:

(a) You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name and address, to the extent reasonably necessary to provide the services which are available through our website by us, our partners, successors (including the purchaser of the whole or part of our business), associates, sub-contractors or other third parties (together our 'Partner Companies'). These Partner Companies may be located in countries outside the EEA that do not have laws to protect your information. Details of the companies and countries involved in your case (if any) will be provided on request. If you would like to request such information, then you should email us at admin@manuscripteye.com or use the "Contact Us" facility on our website.

(b) If you view and/or download Materials through our website then we may collect information about your viewing and purchasing behaviour and if you send us personal correspondence such as emails or letters then we may collect this information into a file specific to you (together, the various purposes set out in this paragraph and in our privacy policy shall be known as 'the Purposes'). All such information collected by us shall be referred to in these terms and conditions as 'Personal Information'.

(c) You must ensure that the Personal Information you provide is accurate and complete and that all registration and purchasing details (where applicable) contain your correct name, address and other requested details. You guarantee that when using our website you will not impersonate anyone other than yourself nor use a false name or false address or any other personal information that is not true or which you are not entitled to use.

(d) When providing Personal Information to us using our website, you must use the form on the "My Account" page or the message facility on the "Contact Us" page, which are secure methods of transmitting information. Emails should not be used to send sensitive information to us, as they are not secure.

For more information about how we deal with your Personal Information, please read our privacy policy

4.2 By accepting these terms and conditions, you agree to the processing and disclosure of your Personal Information for the Purposes.

4.3 If you would like to review or modify any part of your Personal Information, then you can do this by one of the following methods:

(a) email us at admin@manuscripteye.com (but do not include any sensitive information such as password or credit card details); or

(b) write to us at Burdyke, Weekley, Kettering, Northamptonshire, NN16 9UX.

4.4 You undertake that all details you provide to us for the purpose of purchasing Materials which may be offered by us on our website will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods or services. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.

4.5 You warrant and undertake that you will not use our website for any purpose that is illegal or prohibited by these terms and conditions. If you breach these terms and conditions then your permission to use this website terminates immediately without the necessity of any notice being given to you. We retain the right to deny access to any person who fails to comply with these terms and conditions.

5. Modifications to website

5.1 We reserve the right to make changes or corrections, alter, suspend or discontinue any aspect of our website or the content or services available through it, including your access to it. Unless explicitly stated to the contrary, any new features including new content, and/or the offering of new Materials and/or the release of new software tools or resources shall be subject to these terms and conditions.

5.2 Please note that although we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.

6. Purchasing Credits from our website

6.1 You can view and/or download Materials on our website only if you have purchased Credits through our website, by credit card or debit card. Details are on our website in the Help section.

6.2 Credits are available in batches at the prices listed in the current Credit Pricing Schedule, and Credits may be spent on our website for a period of 90 consecutive days, starting from the time your card transaction to purchase them is authorised.

6.3 Once you have registered on our website, you can purchase Credits at any time by logging in to our website and selecting "Purchase Credits" from the "My Account" section of our website.

6.4 Purchases of Credits cannot be refunded. If there are any unused Credits in your account after your 90-day period expires, these Credits will be deleted from your account.

6.5 We will process your purchase of Credits as soon as the payment has been authorised by your credit or debit card issuer. There is a legally binding contract for the purchase of Credits only when an email confirming your purchase of Credits has been sent to the email address which you have provided to us in registering on our website or any subsequent email address notified to us by you. You cannot cancel a purchase of Credits once a legally binding contract for the purchase of Credits has been concluded.

6.6 We will use your Credits for the purchase of access to the Materials strictly in the order in which they were purchased, irrespective of the unit cost of each such Credit (which will depend on the quantity of Credits purchased at each time).

6.7 The quantity of Credits required to view and/or download any particular Materials will be made clear on our website. You may have to spend a different quantity of Credits to view and/or download certain Materials when compared with other Materials.

6.8 When you spend credits to view a chargeable item of the Materials, you may view that item again as many times as you wish, for no additional charge, for a period of 7 days after the initial viewing.

7. Payment

7.1 Payment for Credits or a Subscription can be made by credit card or debit card.

7.2 All payments are processed securely.

7.3 We accept most major credit and debit cards, including Visa, MasterCard, Switch, Maestro, Solo, Visa Debit and Delta.

7.4 All currency amounts appearing on our website or in any documents produced by or in connection with our website are in Pounds Sterling, and your credit card or debit card will be charged in Pounds Sterling.

7.5 All prices quoted on our website include Value Added Tax at the rate currently applicable in the United Kingdom. We are not able to refund VAT to you if you live outside the United Kingdom.

7.6 If your credit card or debit card issuer does not for any reason authorise payment to us, then your attempted purchase of Credits or a Subscription will not be processed by us.

8. Security

You are solely responsible in all respects for all use of and for protecting the confidentiality of any username, email verification and password that may be given to you or selected by you for use on our website. You may not share these with or transfer them to any third parties. You must notify the Company immediately of any unauthorised use of them or any other breach of security regarding our website that comes to your attention.

9. Applicability of online materials and Indemnity

9.1 Our website is controlled and operated by us from our offices in England. Where content published on our website is supplied by third parties, you understand that we do not control or endorse such content in any way. All content which is offered by third parties that are not affiliated with or otherwise connected with us is published in good faith but we do not (to the extent permitted by applicable law) accept responsibility for the accuracy or otherwise of such content (whether published online or offline) and the use of such content, except for content which relates directly to Materials you view and/or download.

9.2 We have used our reasonable endeavours to ensure that our website complies with UK laws. However, we make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our website and/or viewing of it, or use of any Materials or content on our website or services, or products offered through our website are contrary to or infringe any applicable law in your jurisdiction(s), you are not authorised to view or use our website and you must exit immediately.

9.3 The Company makes no representations and gives no warranties, express or implied that making the Materials available in any particular jurisdiction outside the UK is permitted under any applicable non-UK laws or Regulations. Accordingly, if making the Materials or any part available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, those Materials are not offered to you for viewing and/or download. You accept that if you are resident outside the UK, you must satisfy yourself that you are lawfully able to view and/or download the Materials. The Company accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted viewing and/or download of the Materials by persons in jurisdictions outside the UK or who are nominees of or trustees for citizens, residents or nationals of other countries.

9.4 You agree to fully indemnify, defend and hold the Company and its officers, directors, employees, agents and suppliers harmless, from and against all claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of any breach of these terms and conditions by you, any act or omission by you and any other liabilities arising out of your use of our website or the use by any other person accessing our website using your username, password and/or your Personal Information.

10. Copyright and use of our website

10.1 The contents of our website are protected by international copyright laws and other intellectual property rights. The owner of these rights is the Company, its affiliates or other third party licensors. All product and company names and logos mentioned in our website are the trade marks, service marks or trading names of their respective owners, including us.

10.2 You may download Materials with Credits purchased from our website. You may incorporate any Materials downloaded from our website in accordance with these terms and conditions into documents or other files, whether in printed or electronic or other format now known or yet to be developed (including without limitation files created using family history/genealogy software) and may share such documents and files.

10.3 If you modify any Materials downloaded from our website, you must not expressly or impliedly indicate that such Materials were obtained from our website in that form.

10.4 You agree that you shall not, and shall not assist or facilitate any third party to, systematically extract and/or re-utilise parts of the contents of our website, and in particular you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of our website. You may not create and/or publish your own database that features any substantial part of the content of our website.

11. Linked sites

The Company make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from the Company and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that the Company endorses or accepts any responsibility for the content, or the use of, such a website and the Company shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

12. Availability of our website

12.1 We will try to make our website available but cannot guarantee that our website will operate continuously or without interruptions or be error free and, except only as provided in 12.3 and 12.4 below, we accept no liability for its unavailability.

12.2 You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

12.3 If our website is unavailable for a continuous period of 24 hours or more, we will extend the duration of any current Credits by the period during which our website remains continuously unavailable.

12.4 If we decide to close our website and cease to offer the Materials for viewing and/or download, then provided that the Company has the financial resources to do so, we will refund any current Credits.

12.5 You understand that the number of records and digital images making up the Materials will vary from time to time, and may decrease as well as increase. Before registering on our website or purchasing Credits you can find out the size of the Materials and which historical society or archives they are from on the "Participating Historical Society and Archives" page of our website.

13. Liability

13.1 We promise that for any Materials you view and/or download from our website:

(a) we have the right to make the Materials available to you;

(b) the Materials will correspond with the description of them that we have given on our website; and

(c) the Materials will be of satisfactory quality.

Subject to this, however, the Materials are not made available to you as being fit for any particular application or for use under specific conditions, unless expressly agreed by us with you in writing.

We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to any materials (including without limitation the Materials), our website or any information or service provided through our website.

We will do our best to ensure that all Materials and information published on our website are accurate, but please note that all content, Materials and information on our website are provided on an 'as is' basis and you assume total responsibility and risk for your use of our website and use of all information contained within it.

13.2 We accept no liability for any indirect or consequential loss or damage, or for any direct or indirect loss of data, profit, revenue or business in each case, however caused, even if foreseeable. In circumstances where you suffer loss or damage arising out of or in connection with the viewing, use or performance of our website or its contents other than as a direct result of viewing and/or downloading Materials (which shall be subject to the exclusions and limitation of liability set out in these terms and conditions), we accept no liability for this loss or damage (except where we have been negligent) whether due to inaccuracy, error, omission or any other cause and whether on the part of the Company or our servants, agents or any other person or entity.

13.3 If we are liable to you for any reason, our liability will be limited to twice the aggregate of all amounts paid by you to us. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.

13.4 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our website and is compatible with our website. You also understand that we cannot and do not guarantee or warrant that any Materials available for downloading from our website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

13.5 The limitations and exclusions in this clause do not affect your non-excludable statutory rights and only apply to the extent permitted by applicable law.

14. General

14.1 We may, but you may not, assign any rights and/or transfer, sub-contract or delegate any obligations under these terms and conditions, and/or charge or deal in any other manner with these terms and conditions or any of our respective rights or obligations. Any purported assignment, transfer, sub-contracting, delegation, charging or dealing in contravention of this clause 14.1 shall be ineffective. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of any third party.

14.2 We may alter these terms and conditions from time to time and post the new version on our website, following which all use of our website will be governed by that version. You must check the terms and conditions on our website regularly. We will endeavour to notify you by email of changes to these terms and conditions, and within 7 days of having received any such notice, you may terminate your registration with our website and claim a refund of any then current Credits that you may have. We will not be liable for any failure to expressly notify you by email of any change to these terms and conditions.

14.3 These terms and conditions together with the privacy policy, any order form and payment method instructions, if any, are the whole agreement between you and the Company. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by the Company or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these terms and conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in these terms and conditions, privacy policy, order form and payment method instructions.

14.4 If any provision or term of these terms and conditions shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

14.5 These terms and conditions and your use of our website are governed by English law and you submit to the non-exclusive jurisdiction of the English courts.

14.6 Except in respect of a payment obligation, neither you nor the Company will be held liable for any failure to perform any obligation to the other due to causes beyond your or the Company's respective reasonable control.

14.7 Failure or delay by either party enforcing an obligation or exercising a right under these terms and conditions does not constitute a waiver of that obligation or right.

14.8 These terms and conditions do not confer any rights on any person or party (other than you and/or us) pursuant to the Contracts (Rights of Third Parties) Act 1999.

15. Notices

15.1 A notice shall only be valid if given:

(a) to us via email at admin@manuscripteye.com or by post at Burdyke, Weekley, Kettering, Northamptonshire, NN16 9UX; or

(b) to you at either the email address or postal address you provide during registration on our website or subsequently provided to us by amending your Personal Information.

Notice will be deemed received when an email is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or three (3) days after the date of posting if posted in the same country as that in which the recipient is located, or seven (7) days after the date of posting if posted in a different country from that in which the recipient is located.

16. Replacement

These terms and conditions replace all other terms and conditions previously applicable to the use of our website and/or viewing and downloading of the Materials.

Registered Office	Technical Offices
Manuscripti Ltd, Company Registered number: 04582770 England The Elms Studio, The Elms, Pytchley, Kettering, Northamptonshire, NN14 1EW, United Kingdom.	Manuscripti Ltd, The Elms Studio, The Elms, Pytchley, Kettering, Northamptonshire, NN14 1EW, United Kingdom.