Terms and Conditions of use of St Caths.com

Please read the following terms and conditions. These Terms & Conditions constitute a legal agreement between you, the user, St Catherines (StCaths.com). By using these websites, you are agreeing to consent to the Terms & Conditions, which shall govern your use of the websites. You should not use these websites if you do not want to be bound by these Terms & Conditions. If you have any questions about these Terms & Conditions, please contact StCaths via e-mail at webmaster@stcaths.com

These Terms & Conditions may be modified at any time without notice, and any such modification shall be effective immediately upon posting of the Terms & Conditions on the websites.
By using these websites you agree to periodically review these Terms & Conditions and be bound by any modifications or amendments made.

These Terms & Conditions were last updated on 10/11/2010.

The websites are owned by St Caths, a private company, whose address is;
PO Box 7513
Bournemouth
Dorset
UK
BH1 9TX

St Catherine's, (stcaths.com), have no links to any government institution of any kind.

General

These Terms & Conditions constitute the entire agreement between you and StCaths with respect to all of StCathss owned websites and supersede all prior or contemporaneous oral, written or electronic communications and proposals between you and StCaths regarding their websites.

The websites and these Terms & Conditions are governed by English law and are subject to the non-exclusive jurisdiction of the courts of England and Wales. For the exclusive benefit of StCaths, StCaths shall retain the right to bring proceedings in respect of any dispute or matter arising out of these Terms & Conditions and/or your use of the websites in the courts of the country of your residence or, where you are using these websites in the course of your trade or profession, the country of your principal place of business.

Rights in Material Published on the Websites

Copyright in the websites and the content of the websites is owned by or licensed to StCaths. Upon full registration you are granted a limited license to use the software and data on the web sites and networks owned and maintained by StCaths and St Caths.com for your personal genealogical and family history research according to the following conditions. You may use the software and data on only one computer. You may not make any copies of any software or data. You may print, photocopy, or download portions of the data for private research and study only.

You may not publish or sell any portion of the data without written permission of StCaths. You may not sell, loan, rent, sublicence, or transfer the software or data, or repackage the software or data for resale.
You may not decompile, disassemble, reverse engineer, or in any way modify the software or data code or merge either into another program.
Licensor makes no warranties whether express or implied. Including the the implied warranties of merchantability and fitness for a particular purpose, and specifically no warranties or representations are made with respect to the accuracy or completeness of the data. You may print and download portions of the content in accordance with these Terms & Conditions

In downloading and/or printing materials from the websites, you agree not to change or delete any proprietary notices, trademarks and the like from any materials.

Any other copying, redistribution, reverse engineering, publication or retransmission of any portion of websites material is strictly prohibited without express written consent of StCaths. Requests for such consent should be directed to webmaster@StCaths.com

Warranties

You hereby warrant that you will not post (or attempt to post), whether as part of any data, photograph, or otherwise any software viruses, files or code designed to interrupt, destroy or limit the functionality of the websites or any computer software or equipment or any other harmful component.
StCaths makes no warranty that the websites are date compliant or are free from infection by viruses or anything else that has contaminating or destructive properties, but makes reasonable efforts to ensure that the websites are so compliant and free from infection. Use of the websites and their content is therefore entirely at your own risk.

Contents of Websites

StCaths will not be responsible for errors or technical difficulties with the functionality or availability of the websites or of electronic mail transmissions. StCaths accepts no responsibility for errors in specifications, pictures or illustrations, typographical or photographic errors, or functioning of the website's software or hardware.
StCaths shall not be liable to you for any indirect or consequential losses (including, without limitation, any loss of profit, loss of business or opportunity) and the liability of StCaths to you arising out of the matters contemplated by these Terms & Conditions shall be limited to a sum in aggregate not exceeding the amount of StCaths charges to you under any agreement entered into pursuant to these Terms & Conditions PROVIDED THAT nothing in these Terms & Conditions shall exclude or limit StCaths liability for death or personal injury caused by its negligence, nor affect your statutory rights, where any product is being sold pursuant to a consumer transaction.

The Services and Payment

StCaths shall provide and you shall pay, for the Services subject to these Terms & Conditions. These Terms & Conditions shall prevail over any other terms and conditions you may supply or those of any other third party in relation to the provision of the Services. No conduct by StCaths shall be deemed to constitute acceptance of any terms put forward by you the Client.

The price of the Membership and Services covered in the registration shall be the price listed in StCaths prevailing published price list current at the date of acceptance of your order. Prices are inclusive of VAT and any other taxes which may be applicable. Unless otherwise stated, the price of the Membership and Services and any renewal fee is payable in pounds sterling.

You hereby warrant that you will not post (or attempt to post) to the web sites whether as part of any data or otherwise:

a) information which is objectionable including, without limit, information which is racist, abusive, discriminatory, sexist, obscene, defamatory, threatening, untrue or is in breach of any applicable laws, rules, regulations, or copyrights.

b) Any information, which is in breach of any persons rights (including, without limitation, copyright and confidentiality).

StCaths reserves the right to contact you by e-mail or letter post with regard to your use of the websites.

StCaths relies upon information provided by the public and may review but will not substantiate any such information. Such information provided by the public may include technical or other inaccuracies or typographical errors. If you believe any information is inaccurate, please contact StCaths the webmaster@StCaths.com

Neither StCaths nor St Catherine's House, (stcaths.com), has links to any government institution of any kind.

Our client database is private and is not given/hired/sold to anyone.
Our clients are classed as members, they are therefore entitled to subject status governed by UK law and our terms and conditions.

Where certain data or information is stated as being free on the web sites it is free. No charges are made to access this data.

We are entitled as a company by law to charge for our services to both our members, (clients), or any other person who makes a request for such services. A list of our chargeable services is always published on the web sites.

We are entitled as a company to charge a membership fee as we see as being fair and reasonable, that membership fee is for the upkeep and maintenance of the web site. The said membership fee is not payment for our services or any free service of any kind.

In common with most web sites no actual family history or private data is ever published on the web site. Access to any data referred to on our web site is by way of a search portal which queries a database server, or a manual search carried out by us. In our case for security reasons our data and databases are not connected to the Internet and can only be queried by us on behalf of members/clients.

The pages of data on the websites will be subject to review by StCaths. StCaths reserves the right to take such action as it deems appropriate in relation to the content of the web sites and email, and including, but not limited to, the immediate removal of any content which StCaths considers, in its sole discretion, to be harmful, offensive, defamatory, unlawful or otherwise in violation of StCathss Terms & Conditions

By posting data on the web sites, or by email, you agree that you are responsible for the publication of the content of such data to all users of StCaths, even if it is a private site protected by a password. You further agree to indemnify and hold harmless StCaths from all claims, costs and expenses, (including legal expenses), arising out of data posted or published by you that are in breach of StCaths Terms & Conditions.

By posting data on the websites or sending by email, you shall retain your copyright and all moral rights (as conferred pursuant to sections 77-84 of the Copyright Designs and Patents Act 1988) in all individual photos or any wording provided by you.

Distance Selling Regulations

When you enter into an agreement with StCaths as a consumer (as defined by the Consumer Protection (Distance Selling) Regulations 2000), the following conditions shall apply:

a) StCaths, (StCaths.com), endeavors to carry out the Services as soon as practical, normally within 21 working days. If StCaths, (StCaths.com), is unable to carry out its obligations within that period, it will notify you. Normal search times are published on the web site. You agree that all your search requests are carried out by us and that while a search is marked as 'pending' another search cannot be ordered.

b) Refunds: If you decide to become a Member, and therefore pay our Membership fee, you agree that you have read and understood the website and these terms and conditions. You are agreeing to take the Membership we make available to you shortly after that fee is paid. You will not be entitled to any refund of that fee.
Your membership is for a period of 12 calendar months, however, your membership will be void if you do not use the website search facility for a period of six months.

If you wish to continue with membership after the expiry of that twelve month period, we will enable you to do so, at our then-current terms and prices. But please note that we reserve the right to change the amount of the fee for membership, the period which it covers, the services which it enables you to access and other factors from time to time. However, these changes will not affect your current membership.

We try to ensure that the information we supply to you is an accurate copy of the reference from the GRO Index and the Census.

Where the Services are supplied under a consumer transaction (as that term is defined by the Consumer Transactions Restriction on Statements Order 1976) your statutory rights are not affected by these Terms.

Important notice:

Further to the uk government white paper 'Civil Registration Change',
published in January 2002. The images we send to you are so called 'historical data' and are in the public domain.

The owners of this web site and its subsidiaries have in their possession certain letters of authority which give the owners of this web site, and it's subsidiaries, permission to publish certain data via the Internet providing Crown Copyright is acknowledged. See above.
The owners of this web site and its subsidiaries intend to fully comply with the regulations pertaining to the data as published above.
All members must therefore acknowledge that Crown copyright exists in this data, and agree to use the data only in accordance with these terms and conditions.

As part of the membership and related services:
For the purposes of the detection and prevention of crime. Information relating to any membership application or requested data may be passed to certain UK Government departments or law inforcement agencies

Birth Marriage and Death Certificates

Please note that we can only issue credits if a certificate reference supplied by us is proved to be incorrect

Where a request is made for a birth, marriage or death certificate, please supply to us a valid postal address. The address you supply to us will be held privately in our database. We do not make the information available to anyone.

We pay for your certificate in advance. Please be sure that you submit all the details to us accurately, we regret we cannot grant credits in the respect of certificate requests made from outside the members area. (Certificate orders placed by non members).

This office is committed to providing a good quality product. However as the certificates are produced from original filmed records it is not always possible to provide the clarity we would wish.

Membership

In order to use our services you must have internet access, all the software, (and skills), required for email and web usage.

If you decide to become a Member, and therefore pay our Membership fee, you agree that you have read and understood the website and these terms and conditions. You are agreeing to take the Membership we make available to you shortly after that fee is paid. You will not be entitled to any refund of that fee.
Your membership is for a period of 12 months, however, your membership will be void if you do not use the website search facility for a period of six months.
If you wish to continue with membership after the expiry of that twelve month period, we will enable you to do so, at our then-current terms and prices. But please note that we reserve the right to change the amount of the fee for membership, the period which it covers, the services which it enables you to access and other factors from time to time. However, these changes will not affect your current membership.

As part of the membership and related services:
For the purposes of the detection and prevention of crime. Information relating to any membership application or requested data may be passed to certain UK Government departments or law inforcement agencies, if requested.

Fees

You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to become a member.

You undertake to register for the St Catherine's membership using accurate and current information about yourself, including your correct name, address and any other requested details. If you are asked for, and provide, details of a credit, debit or charge card; in that event, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it. As part of the registration process for the St Catherine's membership, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow. Failure to complete the entire membership signup process within 5 days means your details will be removed from our database.

For the benefit of doubt payments made in respect of membership are not payments for any of our services of any kind.

StCaths will refuse or revoke membership at anytime if it considers a member or members are in breach of these terms & conditions.

Membership will be revoked if in the opinion of StCaths a member or members deliberately, or maliciously, damage the websites, or cause damage to StCaths via verbal or published means. Membership will be revoked if a member or members is in the opinion of StCaths proving a harassment to other members and to StCaths. Membership will be revoked if personal information required by the registration process is incomplete or invalid. Membership will be revoked where the said member or members are using the websites as a third party look up service or for any form of commercial gain derived by said member or members from the web sites.

StCaths will make every effort to provide all the advertised services, however should failure occur or if StCaths shall be forced by outside or market measures not be able to provide the services StCaths will not be deemed responsible or liable for such failure of services.

If you decide to use the websites, StCaths will ask you to provide certain Personal Information in order to provide you with the best service possible, and for the performance & security of the Services.
StCaths may obtain, hold, but will not disclose your Personal Information (collectively processing ), NB. StCaths does not store credit card information.

For the purposes of performing its obligations to you under these Terms & Conditions completing any transactions you carry out on the websites or with StCaths and providing the Services (and any ancillary services) to you (the Purposes).

The Purposes include, without limitation, using the Personal Information to evaluate StCaths business and to conduct market research for the purposes of marketing other products and services that StCaths believes may be of interest to you.