2. DESCRIPTION OF SERVICES
The IFR Website provides on-line genealogical resources including Searchable Databases, research tools including details of useful research books, geneological organisations, old photographs & postcards, the ability to post & view details of researchers' interests & family information, and to post & view Guestbook entries, and links to third party websites (the "Services"). These Services are dependant on the type of Membership chosen by you in accordance with Paragraph 3 below.
3. MEMBERSHIP OF IFR
In order to access the IFR Website, you will need to register as a Member. Only invididuals who are 18 or over, or have the permission of an adult may register as a Member of IFR.
The Four types of Membership available - Standard, Full, Monthly & Premium Membership apply ONLY to individuals wishing to undertake their OWN personal Research. Full, Monthly & Premium Membership requires Payment of a Registration Fee which allows Members to Search IFR Databases. Professional Genealogists, Researchers, Genealogy Companies, Libraries, Community Centres or other similar persons/organizations wishing to use this Site in a Professional Capacity, MUST apply separately for Professional Membership.
4. FULL, MONTHLY & PREMIUM SUBSCRIPTIONS
If you register for Full, Monthly or Premium Membership you will be required to pay a Registration Fee. The Registration Fee will enable you to search the IFR Full Members' Databases for a Period of One Year (in the case of Full Membership); One Month (in the case of Monthly Membership); or, in the case of Premium Membership, you will be able to request up to 4 Look-Ups during a 6 Month period. IFR will not automatically renew your Membership, but a Reminder Notice may be sent to you at the E-mail address provided on Registration, inviting you to renew your Membership.
Payment of the Registration Fee for Full and Monthly Membership allows you to Search IFR Databases by Surname. Once the appropriate Registration Fee has been paid and Searches have been made, the IFR Registration Fee is not refundable (See Paragraph 14 for more information regarding the IFR Refund and Cancellation Policy).
Premium Membership is only available as an Upgrade for existing Full Members and enables you to request up to 2 Look-Ups from rare Offline Genealogical Materials during a 6 month period, as well as to find out further information from the Castlederg & Memorials Databases.
The Registration Fees currently applicable are as follows:
5. REGISTRATION & PAYMENT
To use the IFR Website, you will need to Register by completing and submitting the Registration Form on the IFR Registration Page.
As part of the Registration process, you will be asked to choose a Login Name and Password, and provide an accurate email address. You must provide accurate & current information about yourself, and as part of the verification process we may send you an Introductory E-mail.
To Register as a "Full, Monthly or Premium Member" you will need to complete the Payment process via Worldpay's Secure Server. Before completing your Registration, you will be asked to accept these Terms (this is common practise with all Commercial Genealogy Websites).
Once you have successfully registered with IFR, you will be able to access the IFR Homepage by using your chosen Login Name and Password. If you have registered as a Full Member, you will also be able to Search Full Members' Databases.
On occasions, certain individuals may be refused access to the Services. Such suspensions shall be within our sole discretion.
6. REFUND POLICY AND CANCELLATION RIGHTS
The Services provided to Full, Monthly and Premium of IFR relate exclusively to the supply of genealogical information in the form of typed data transcribed from Original and extremely Rare genealogical resouces. Such data is made available to IFR Members in the form of Searchable Databases.
Once IFR Databases have been searched, a Service is deemed to have been provided by IFR, and IFR is not therefore in a position to offer a refund on Membership Registration Fees. Whilst IFR Databases are extensive, we can only transcribe and make available those records that appear in the Original Source Materials. We do not make any claim that the Databases are exhaustive, and cannot guarantee the presence of specific records, nor explain their omission.
Refunds are not available to Premium Members who have requested Look-ups from Off-line Genealogical Materials, where the IFR Team has searched through the collection of Offline Sources and has submitted results by email to the Premium Member.
If you are using IFR Services as an individual (and not in the course of your business), you may cancel your agreement with IFR and receive a Full Refund of the Registration Fee, provided you inform us of your wish to cancel in writing, within 14 days of registering with IFR. You can do this by emailing us at email@example.com. Please note that you will not be entitled to the benefit of this Paragraph if you have used the IFR Service to Search IFR Databases that are exclusively available to Full, Monthly, Premium & Professional Members of IFR, or have requested Look-Ups on the Premium Members Look-Up Service, and have received the benefit of written results by email from IFR.
The IFR refund policy conforms to the Consumer Protection Distance Selling Regulations 2000 (SI 2000 No. 2334) which provides for a "no refund" policy where services have begun before the end of the cooling off period, and to goods which, due to their nature, cannot be returned.
You are solely responsible for the safe-keeping of your Login Name and Password. You must keep your user name and password confidential and must not share or transfer this information to any third parties. You must notify us immediately of any unauthorised use, or any other breach of security regarding the IFR Services.
It is your responsibility to make sure that any information posted onto the IFR Website (via the IFR Research Interests Page) is not in breach of any Contract, Criminal or Civil Law.
The Materials and Services provided by the IFR Website are protected by copyright and other intellectual property rights. Therefore, you must not copy, download, reproduce, resuse, resell or republish Online or in Print or in any other format, any information from this Website (this applies specifically in regard to Results from IFR Searchable Databases), except in the context of your OWN individual family history research, and with the consent of IFR in accordance with Paragraph 13 below.
You must not make any of the information from this Website (in particular, Results from IFR Searchable Databases) available to anyone Online except in producing your own family research Online.
You must not resell any of the information from this Website (in particular, Results from IFR Searchable Databases).
You must not alter or adapt any of the information from this Website (in particular, Results from IFR Searchable Databases), or pass it off as your own work or someone else's.
You must notify us as soon as possible, by e-mail to firstname.lastname@example.org, if you know of, or suspect any unauthorised use of your Membership.
We may terminate your Membership immediately if you are found to be in material breach of any of these Terms.
We will terminate your Membership if we have reason to believe that you are in breach of the Copyright Provisions applicable on our Site (see para 7 above and 13 below), or are using the IFR Website for purposes other than that of an individual undertaking your own personal research. To this effect, we may monitor searches where we believe that the IFR Website is being misused, and in particular, where the number of searches undertaken at any given time far exceeds that of a reasonable person.
We may suspend or permanently terminate your access to the IFR Website without warning if you do not comply with these Terms and we may take legal action for injuction, damages or both.
You are responsible for everything done on or through this Website in your name and you agree to indemnify us against any liability incurred through your misuse of the IFR Website, in particular (but not excluded to) breach of copyright or for any unauthorised use of your Account, Password or any other breach of Security known to you.
If your agreement is terminated (other than by cancellation), these Terms will continue to have effect.
The content of the IFR Website is provided in good faith, and we have made every effort to ensure that the Contents are accuate, complete and up-to-date, however we can give no warranty of completeness, accuracy and timeliness. Furthermore, we accept no responsibility of or any loss of whatever nature that may arise from use of the IFR Website or your reliance on any information contained in the IFR Website.
No warranty is given that the IFR Services will meet your research requirements or that the IFR Services will be uninterrupted, reliable, timely, secure or error free.
No warranty is given as to the results that may be obtained from the use of IFR Services.
We expressly disclaim all warranties of any kind, express, implied, statutory or other, included but not limited to merchantability, fitness for purpose, and non-infringement. In particular, all liability is excluded, which we may otherwise have to you as a result of:
(i) any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to this Website or any information on this Website.
(ii) the unavailability of this Website (or any part of it), or Services;
(iii) any delay in providing, or failure to provide or make available, the Services or any negligent provision of the Services.
No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly made herein.
Whilst we take all precautions to prevent computer viruses and other malicious programs on the IFR Website, no liability is accepted for them.
IFR reserves the right to modify, or withdraw one or more aspects of the IFR Service where there are legal or technical reasons to do so. Whilst all reasonable measures are taken to ensure that the IFR Service is available at all times, there may be occasions when the Service is unavailable due to technical reasons.
You agree that neither the Company, nor any of its directors, employees or other representatives will be liable for any loss or damage arising out of or in connection with the use of the IFR Website.
11. MAXIMUM LIABILITY
The maximum liability payable by us will be the amount of any subscription fees paid during the year in which the liability arose.
Privacy of your personal data is very important to us. If you have Registered with IFR, we may store your personal data and use it to contact you to provide you with details of updates to the IFR Website. Otherwise, we will only contact you with your consent, or in reply to your queries/concerns, or to notify you of the expiry of your Full/Premium Membership.
When you Register with IFR, we may send you e-mails from time-to-time informing you of updates to the IFR Website. However, if you do not wish to receive these e-mails please email us at email@example.com, with the word "Unsubscribe" in the Subject-box, and your details will be removed from our Newsletter Service.
We may collect information to track usage of the IFR Website so that the content, layout and overall Services may be improved.
We may capture information regarding the number of visits you make to the IFR Site, and details of Searches made, in order to ensure that the IFR Site is not misused.
We will never disclose or pass on your details to third parties.
13. INTELLECTUAL PROPERTY
The contents of this Website are subject to Copyright, Database Rights and Related Rights which are the property of the Company, and all rights are reserved.
Any unauthorised use of any Materials from this Website may violate relevant Copyright Laws. No part of this Website or contents thereof may be reproduced, whether in hard copy or electronic, or other forms, without our prior written consent and you undertake not to copy any materials from the Website without first obtaining such written consent.
All Materials on the IFR Website have been transcribed from original works where the original copyright (if any) has expired.
The IFR Website contains Links to other Websites ("Third Party Websites"). Links to Third Party Websites are provided for your convenience, however inclusion does not imply endorsement or approval by us of the Third Party Site, its operator, content, or privacy practices.
15. CHANGES TO AGREEMENT
We reserve the right at any time without notice to revise the content of this Website and these Terms. Any changes to the Terms will be posted on this Website for a period of One Month, and by continuing to use the IFR Website following any such change, you agree to be bound by the revised Terms of Service.
16. ENTIRE AGREEMENT
We will not be liable to you for any breach of these Terms of Service or any failure to provide or delay in providing the Services through this Website resulting from any event or circumstance beyond our reasonable control, including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.
Your Membership under this agreement is exclusive to you. It is not assignable or transferrable and you agree not to assign or transfer or purport to assign or transfer your Membership and/or any of your rights or obligations under this Agreement.
All of the exclusions, limitations and warranties listed in Paragraphs 9-11 above shall be construed as a separate, and severable provision of these Terms.
Any provision in this Agreement which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable & shall not affect the continuation in force of any other provision of this Agreement.
These Terms (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) are subject to and will be interpreted in accordance with English Law and, for these purposes, the English Courts have exclusive jurisdiction in respect of any dispute.
Any notice, complaint or other communication under or in connection with this Agreement must be in writing & sent by first-class post, or pre-paid recorded delivery, to the registered office of the Company, Family Research Limited, Global House, 303 Ballards Lane, London, N12 8NP, UK
In these Terms:
(i) "this Website" means the Company's presence on the Internet;
(ii) "IFR" means Family Research Limited, and where applicable, its officers, employees and authorised agents; and
(iii) "you" and "your" includes any business with which you are associated and on behalf of which you use this Website ("Your business")
(iv) "'Materials' means anything made available to you through the IFR Website, including all text, data, photographs, and other works.