PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SITE
www.forces-war-records.co.uk is a site operated by Clever Digit Media Ltd (we or us), a company registered in England and Wales under company number 04381547 and with our registered office at New Hall, Market Place, Melksham, Wiltshire, SN12 6EX
Our VAT number is 811538154.
These terms (together with the other documents referred to in them) (Terms) tell you the terms and conditions on which you make use of our website www.forces-war-records.co.uk (our or the site), whether as a guest or a registered member. Use of our site includes accessing, browsing, registering as a member and purchasing any of the products (Products) or services (Services) listed on our site.
We amend these Terms from time to time as set out in clause 2. Every time you wish to order Products or Services from us, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any contract between us, are only in the English language.
If you are unclear on anything then please click on the ‘contact us’ button where there is a frequently asked questions and responses guide to assist you. If you still can’t find the answer to your question, or if you have a specific question you would like to ask, you can contact us by e-mail at firstname.lastname@example.org.
By using our site, you confirm that you accept these Terms and that you agree to comply with them.
If you do not agree to these Terms, you must not use this website.
We recommend that you print a copy of these Terms for future reference.
1. These Terms
1.1 These Terms refer to the following additional terms, which also apply to your use of our site:
1.1.2 Our Take-Down Policy, which sets out the terms on which we deal with complaints that any information on our site infringes the copyright of a third party.
1.1.3 Our Community Forum Rules, which are set out in Schedule 1.
2. Changes to these terms
2.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
2.2 Every time you order Products or Services from us, the Terms in force at the time of your order will apply to the Contract between you and us.
2.3 We may revise these Terms as they apply to your order for Products or Services from time to time to reflect changes in relevant laws and regulatory requirements.
3. Accessing our site
3.1 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
3.2 You are responsible for making all arrangements necessary for you to have access to our site, including ensuring your computer equipment and software is capable of displaying pages correctly.
Our site is intended solely for users who are 18 years of age or older. Any use of or access to the site or registration as a member by anyone under 18, is unauthorised and in breach of these Terms. By using the site, you warrant that you are 18 or older unless authorised under clause 9- group memberships.
5. Communications between us
5.1 When we refer, in these Terms, to "in writing", this will include e-mail.
5.2 If you would like to contact our Customer Services team, you can do so by e-mail at email@example.com or by post at New Hall, Market Place, Melksham, Wiltshire, SN12 6EX.
5.3 Communications between us are all made via email to your registered email address, please ensure this is up to date and any spam blocker you may have doesn't prevent you from receiving our emails.
5.4 Members can elect not to receive emails from us at any time -simply select these options from your profile or contact our Customer services team to do this for you or use the facility provided on any email sent to you entitled 'email subscription settings'.
Please note: ONLY Marketing or optionalservice based emails can be controlled by members, some emails are essential to you using the services of the website such as receipts, replies to support messages and membership expiry notifications and these are outside of member control.
If you do not want these essential emails then the only way to prevent their receipt is to delete the account entirely.
If you wish to do this please contact firstname.lastname@example.org using your registered email address.
6.1 We offer various levels of membership to users of our site. To register as a member you will need to provide your e-mail address and a password. You must ensure that your password is kept confidential, and that you do not commit it to writing, or disclose it to third parties. This is in the interests of your own security and privacy.
6.2 We have the right to disable any password at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms.
6.3 If you know or suspect that anyone other than you knows your password, you must promptly notify us by e-mail at email@example.com
6.4 Please note that the content on our site is provided for general information only, we cannot guarantee that any particular information you are searching for will be available or that the contents are true and accurate. Historical records are often flawed or incomplete and so errors and inaccuracies are inevitable. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
If you do notice any error or ommision please let us know at firstname.lastname@example.org, we will be happy to hear from you. Timescales for amending records are typically under 3 months and adding wholly new records individually around 1 year.
6.5 All memberships are granted on an individual basis, with the exception of group memberships (see clause 9), the membership is for individual non commercial leisure use only.
7. Basic Membership
Once you have created an account with us, you become a basic member (Basic Member). As a Basic Member, you will be able to use certain free searches and tutorials. There is no charge for becoming a Basic Member.
8. Full Membership
8.1 Basic Members are able to become full members (Full Members) upon payment of the applicable membership fee. As a Full Member, you will be able to access our records and databases for the duration of your subscription.
8.2 We offer a range of full membership subscription options. These include:
8.2.1 a rolling monthly membership whereby you will be charged a membership fee every 28 days via continuous payment authority. Your membership will not automatically terminate at any time;
8.2.2 an annual membership whereby you will be charged an annual membership fee. Your membership will automatically terminate at the end of the one year period.
8.3 When registering as a Full Member, you will need to enter valid, up-to-date and complete credit card and billing details. By entering these details, you authorise us to bill the card in accordance with the terms of the membership option that you have selected.
8.4 Included in our full membership is our document & photo expert help facility, please note there is a fair use policy in place for this, with a guideline of up to 5 images for a monthly subscription or 20 for any annual subscription. Document help is restricted to explanation of terms and jargon contained within the document itself and is also restricted to a maximum of 250 words for a monthly subscription or up to 1000 words for an annual subscription.
8.5 All prices for the membership options are available on our subscription rates page. Here: https://www.forces-war-records.co.uk/extend-subscription/
When registering for full membership, please carefully assess which full membership option is right for you and select the relevant tick box accordingly.
8.6 Please note: If your full membership ends for any reason your access to all full membership services and any other benefits restricted to full members only will cease.
8.7 We operate a 'fair use' policy on all accounts and consider usage under 500 records per 28 day period as reasonable, if you wish for more access than this you will be required to have a group membership, we may contact anyone who exceeds this level to make arrangements in regards to this.
8.8 If we have reason to suspect any individual account is being used for group use, we may contact the account holder & we reserve the right to deny access to membership without notice or refund consideration.
9. Group Membership
We provide licences for access to our records and databases for establishments and organisations. If you would like further information contact us at email@example.com.
This is the only membership option we provide that then allows users under 18 years of age to use the site and the only option that is available to anyone wishing to use it for any commercial or group use whatsoever.
10. Cancelling Membership
10.1 To cancel your membership at any time:
10.1.1 log in to your account and send us a support request asking us to terminate your membership; or
including your registered email address-
10.1.2 e-mail us at firstname.lastname@example.org; or
10.1.3 write to us at New Hall, Market Place, Melksham, Wiltshire, SN12 6EX.
10.2 Upon receipt of your request to cancel your membership we will do so as soon as reasonably possible and in any event within 14 days.
To avoid any possible confusion:
'Unsubscribe' can mean either to stop further recurring payments or to switch off certain communications - please always specify if both apply to your account.
All users have complete access to both types of subscription via their profile page -simply log in to change these or ask the support team to do this for you.
'Delete account' means the account will be removed permanently and all payments & emails will cease to be processed for that account.
Please always ensure you quote the correct email address of the account in any communication.
All emails including those scheduled as automated releases will cease typically within 7 days but certainly after a maximum of 30 days after an unsubscribe or deleted account action has been confirmed to you.
10.3 If you default on any payment, we may take whatever action necessary to recover our losses, including termination of your membership.
10.4 We may, at any time and at our sole discretion, terminate or suspend your membership in the event of any breach of these Terms by you.
10.5 Paused accounts, we offer the opportunity to pause any monthly account which is currently set to automatically renew.
This is achieved by selecting 1,3 or 6 months pause from the options offered here: https://www.forces-war-records.co.uk/profile/pause-subscription
When an option is selected the page clearly shows how many days are left before your next payment is due & which dates it will pause & then resume on.
In the event of any automatic error preventing renewal taking place in accordance with your instruction we will resume your subscription immediately the error is fixed.
Purchase of Products
11. How the Contract for the purchase of Products is formed between you and us
11.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
11.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order (Acknowledgement). The Contract between us will only be formed when we send you the Acknowledgement.
11.3 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 16.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
12. Contacting us regarding your purchase
If you wish to contact us regarding your purchase, please do so via our webform here: https://www.forces-war-records.co.uk/supportcentre or by direct e-mail at email@example.com
13. Our Products
13.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
13.2 The packaging of the Products may vary from that shown on images on our site.
13.3 If any image is insufficient to ascertain the suitability of any product to you please contact us for further images to be supplied.
13.4 Heraldic & military recognition scrolls are offered for entertainment, decorative and information purposes only, they do not imply or infer any authenticity or privilege on the holder of any scroll that is made.
14.1 Estimated delivery dates for all physical goods is within 60 days after the date of the Acknowledgement (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 26 for our responsibilities when this happens.
14.2 If no one is available at your address to take delivery, we, or our suppliers, will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.
14.3 Delivery of an order shall be completed when we, or our suppliers, deliver the Products to the address you gave us and the Products will be your responsibility from that time.
14.4 You own the Products once we have received payment in full, including all applicable delivery charges.
14.5 If we miss the 60 day delivery deadline for any Products then you may cancel your order straight away if any of the following apply:
14.5.1 we, or our suppliers, have refused to deliver the Products;
14.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
14.5.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
14.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 14.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.
14.7 If you do choose to cancel your order for late delivery under clause 14.6 you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value.
If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Products and their delivery.
14.8 Please note that all medals are supplied and manufactured by our MOD (Ministry of Defence) approved supplier.
Medals may contain a marking signifying them as a copy of an original.
We do not currently offer 'commemorative' medals, all Medals offered are the full-size exact replicas of the original issued. We do not make any recommendation as to how medals &/or other products should be used and politely draw your attention to clause 15.4 below in respect of these.
15. International delivery
15.1 We deliver to certain international delivery destinations.
15.2 If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
15.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
15.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
16. Price of products and delivery charges
16.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 16.5 for what happens if we discover an error in the price of Product(s) you ordered.
16.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
16.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.
16.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
16.5 It is possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced, please bring this to our attention should you notice anything and we will do our best to resolve any discrepancy promptly.
17. How to pay
17.1 You can only pay for Products using a debit card or credit card. We accept the following cards: VISA, MasterCard, AMEX.
17.2 Payment for the Products and all applicable delivery charges is in advance.
Hire a Researcher Service
18. How the Contract for the purchase of Services is formed between you and us
18.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
18.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order (Acknowledgement). The Contract between us will only be formed when we send you the Acknowledgement.
18.3 If we are unable to fulfil your order for Services, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Services, we will refund you the full amount as soon as possible.
Please note however this only applies should we be unable to offer the service at all, not to initial work carried out as per clause 19.1
19. Providing the services
19.1 You can hire a researcher to find individual records for you, as set out on our site. The charges for this are set out on the Hire a Researcher page. An initial, non-refundable, deposit is payable and the remainder of the fee will be charged when the research has been completed.
19.2 If, after an initial analysis, the researcher concludes that the research is unlikely to be successful you will be informed of this and no further charges (other than the deposit) will be payable.
19.3 You understand that researcher(s) do not work on a no find/no fee basis and that, provided full research work & considerations are undertaken, the full research fee is payable, regardless of whether results are succesful or otherwise.
19.4 We will make every effort to complete Services within any timeframe given. However, there may be delays due to an event outside our control. See clause 26 for our responsibilities when an event outside our control happens.
19.5 We will need certain information from you that is necessary for us to provide the Services. We will not be liable for any delay or non-performance where you have not provided this information to us.
19.6 You can only pay for Services using a debit card or credit card. We accept the following cards: VISA, MasterCard, AMEX, we only accept online payments and any balance owing will be requested from the card used for the deposit when research is marked as completed.
19.7 Typically research commissions have a timeframe of between 45 days (excluding any time delay under clause 19.5) from the point of order to being marked as completed and available, after final payment is taken succesfully, to be downloaded by the customer.
19.8 In the event of a task being viable but not deliverable within the timeframe above the researcher may gain the agreement of the customer to extend this timeframe for completion.
Other Important Terms
20. Intellectual property rights
20.1 We are the owner or the licensee of all intellectual property rights in our site, and in the records and databases published on it.
Those works are protected by copyright laws and treaties around the world.
All such rights are reserved.
20.2 You may print off copies, and may download extracts, of any page(s) from our site for your personal use.
20.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
20.4 Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
20.5 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
20.6 You must not share information only available to full members with anyone who is not a full member other than to pursue private research in connection with that data without our express permission -
this includes the dissemination of data on forums or social media.
21. Limitation of our liability
21.1 We do not, in any way, exclude or limit our liability for:
21.1.1 death or personal injury caused by our negligence;
21.1.2 fraud or fraudulent misrepresentation;
21.1.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
21.1.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
21.1.5 breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
21.1.6 breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
21.1.7 defective products under the Consumer Protection Act 1987; or
21.1.8 any other liability that cannot be excluded or limited by English law.
21.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
21.3 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
21.3.1 use of, or inability to use, our site; or
21.3.2 use of or reliance on any content displayed on our site
- Whilst we strive to provide accurate and faithful data obtained from verifiable sources, please note that any information supplied is provided without representation or warranty as to the accuracy, currency, completeness, reliability, integrity or fitness for purpose/originality of any content of the site and therefore all implied warranties, conditions or other terms of any kind are herby excluded.
21.3.3 Accuracy testing, 'completeness' & compliance
Our claims of accuracy in relation to transcribed records:
We have the only dedicated UK military records transcription team to absolutely ensure that accurate, clear and properly explained information forms the majority of the records and indexes we offer.
We are confident that our records are industry-leading in terms of accuracy, so, in 2016, we invited 2 leading military historians/professional researchers (including the military author Richard Broadhead) to satisfy themselves that our transcribed records were as accurate as we could make them.
These experts compared a cross section of our transcribed records with various original sources and in the majority of the records they tested a result of 97% accuracy was deemed to be fair & reasonable.
21.3.4 Complete collections
Where a series of records within a collection, or the collection as a whole are an accurate representation of all data held within that collections source then these are regarded and advertised as 'complete' -please refer to the collections list for further clarification.
A collection may have more than one source it is derived from, in which case it will have more data within it than any individual source quoted if advertised or described as 'complete'.
21.4 Please note that we only provide our site, Products and Services for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
21.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
21.6 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
21.7 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
22.1 Whilst we will make all reasonable efforts, we cannot guarantee that our site will be secure or free from bugs or viruses.
22.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
22.3 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.
You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
23. Linking to our site
23.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
23.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
23.3 You must not establish a link to our site in any website that is not owned by you.
23.4 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
23.5 We reserve the right to withdraw linking permission without notice.
23.6 The website in which you are linking must comply in all respects with the content standards set out below.
23.7 If you wish to make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
24. Third party links and resources in our site
24.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
24.2 We have no control over the contents of those sites or resources.
25. Your right of return and refund
25.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the 'cooling off' period set out below in clause 25.3.
This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product or to receive a Service, you can notify us of your decision to cancel the Contract and receive a refund.
25.2 However, this cancellation right does not apply in the case of:
Access of digitally supplied services or records within the 14-day initial period: If you wish to access records before the expiry of the 'cooling off' period, then you expressly request that we begin the supply of digital content (ie allowing you to access records) before the end of the 'cooling off' period. You acknowledge that once we have begun the supply digital services (including records or other services available to full members only) that you lose the right to cancel and we are not obligated then to provide a refund, since full member services have been used and cannot be returned to us. This applies to subscriptions of any length.
25.2.2 products that are made to your specifications or are clearly personalised. This includes heraldry scrolls, memorial scrolls and medals where these have been engraved at your request either at the time of ordering or after.
25.2.3 sealed computer software, once these Products are unsealed after you receive them.
25.3 Your legal right to cancel a Contract starts from the date of the Acknowledgement (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. If your order is for Products, your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
Your Contract & the End of the cancellation period
PRODUCTS ONLY (NOT SERVICES)
If your Contract is for a single Product (which is not delivered in instalments on separate days) then the end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with an Acknowledgement on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
one Product which is delivered in instalments on separate days.
multiple Products which are delivered on separate days. The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with an Acknowledgement on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
SERVICES ONLY (NOT PRODUCTS)
If your order is for Services, then your deadline for cancelling the Services is 14 days after the Acknowledgement.
CANCELLING YOUR CONTRACT
25.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to contact our customer support at email@example.com
If you use this method we will e-mail you to confirm we have received your cancellation.
25.5 You can also contact our Customer Services team by e-mail at firstname.lastname@example.org or by post at New Hall, Market Place, Melksham, Wiltshire, SN12 6EX
When contacting us please include details of your order to help us to identify it. If you send us your cancellation notice by post, then your cancellation is effective from the date you post the letter to us.
For example, you will have given us notice in good time as long as you get your letter into the last post on the last day of the cancellation period.
25.6 If you cancel your Contract we will:
25.6.1 if the Contract is for the supply of Products, refund you the price you paid for the Products unless these are exempt from refunds as per clause 25.2.2 above (personalised/custom made goods).
However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount;
25.6.2 if the Contract is for the supply of Products , refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 5-7 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option;
25.6.3 if the Contract is for the supply of Services, refund you the price you paid for the Services. However, please note we are permitted by law to reduce or refuse your refund if we have already supplied data or started work on your order of researcher services by the time you cancel.
25.6.4 make any refunds due to you as soon as possible and in any event within the deadlines indicated below 14 days after you inform us of your decision to cancel the Contract.
25.7 If you have returned Products to us under this clause 20 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable & reasonable delivery charges that you incur in returning the item to us.
25.8 We will refund you on the credit card or debit card used by you to pay.
25.9 If a Product has been delivered to you before you decide to cancel your Contract:
25.9.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract;
25.9.2 unless the Product is faulty or not as described (in this case, see clause 25.7), you will be responsible for the cost of returning the Products to us.
If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery.
25.9.3 Dispute resolution
If you are at all dissatisfied with our products or services you agree to first try to resolve the dispute informally.
Information pursuant to Regulation 524/2013: The European Commission provides a platform for Online Dispute Resolution (ODR), available at http://ec.europa.eu/consumers/odr/.
26. Events outside our control
26.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 26.2.
26.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
26.3 If an event outside our control takes place that affects the performance of our obligations:
26.3.1 we will contact you as soon as reasonably possible to notify you; and
26.3.2 our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the event outside our control is over.
26.4 You may cancel a Contract affected by an event outside our control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
27.1 We may transfer our rights and obligations under these Terms or any Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
27.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
27.3 These Terms and the terms of any Contract are between you and us. No other person shall have any rights to enforce any of the terms herein.
27.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
27.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
27.6 Please note that these Terms are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
27.7 All dates & times referred to within your membership and any other services we provide are based on GMT (Greenwich mean time) a day will commence at 00.00 hours and cease at 23.59 hours on the date specified GMT.
28.1 The website gives you the opportunity to add photographs and other content in certain areas.
The addition of relevant information and the opportunity to link these to a record on the site will also be available.
You may also be able to add information from other third party websites as well as other sources.
28.2 You must not, (and expressly agree you have not by contributing to this website):
a) publish anything that violates the rights of any third party;
b) publish something that you do not own the rights in (including copyright) (or do not have permission from the rights owner to publish). Once published on the website, we cannot control how other people may use that content; therefore it is important that you have permission to publish from the rights holder;
(i) include anything we consider offensive, inappropriate or defamatory (at our discretion);
(ii) break the law, for example by saying something libelous, or by posting something which results in a criminal offence;
(iii) share the personal information of living people without their permission. You’re responsible for managing content you create, including using privacy settings we make available; You may publish names and dates of birth of living people where this data comes from a legally permitted, publicly available source.
28.3 You keep the copyright in any content that you create or publish on the website. However, by publishing it you are giving CDM Ltd (the website operator) a non-exclusive, perpetual, transferable, sub- licensable, royalty- free, worldwide license to use (including editing, adapting or modifying the same) your content for any purpose and on all media.
28.4 You agree not to object to our use, or any use by our group companies or partners, of the material that you create or publish on the website and acknowledge that we may not accredit you as having produced the material.
29. Competitions & prize draws
Occasionally we may run a competition or a prize draw for various prizes, including, but not limited to, our own services & products already on the website.
29.1 These standard competition terms operate alongside any other competition terms you may be referred to at the time of enetering any competition we promote or advertise.
Competitions are open to all members aged 18 or over, resident in the UK, except employees of Clever Digit Media Ltd, their families and anyone else connected to the specific competition.
All competitions, unless otherwise stated, are entered by means of the methods provided for each competition as specified.
There is no charge for entering any free draw or competition we operate, any member basic (non paying) or full (paying) may enter any competion or free draw.
We reserve the right, however, to accept entries via different methods dependant on the membership status of the member.
Typically the means of entering a draw or competition will either be online or postal.
In the case of postal entries - all entries will only be considered valid if they contain the full name(s) and email address (as registered with us) of each entrant and entries are received by the closing date specified in the draw/competition.
All entries must be sent to:
Forces War records competition/draw department
New Hall, Market Place, Melksham, Wiltshire, SN12 6EX.
Clever Digit Media Ltd cannot be held responsible for any loss in service of the entry mechanism, nor can any responsibility be accepted for entries lost, delayed or corrupted due to computer error or otherwise in postal transit.
Thank you for visiting our site.
Schedule 1 -The British Genealogy forum website
The below terms refer to the BG website only.
Notes on the forum pages, courtesy & etiquette
The British Genealogy forums
The forums are provided to the public free, for enjoyment, education and discussion and we are sure you will find your use of the forums informative and enjoyable.
Think of ‘a forum’ as being a discussion between people having common interests at a meeting in the administrator's own home. You are a guest and must behave with courtesy at all times.
This forum operates all of the following guidelines and rules to ensure that all of our guests enjoy their experience with British Genealogy.
It is accepted that sometimes there may be heated discussions where people may disagree, but please behave responsibly.
In the event of a user not adhering to reasonable standards of courtesy then threads & posts may be deleted without warning and the user banned permanently.
The Moderators and Administrators decision on such matters will be considered final.
If you want to post a further query about a person/topic for which there is already a thread, either continue in the same thread or else provide a link to your first thread to avoid duplication of research by people willing to assist you. Failure to do so can confuse users & alienate people who want to assist you.
Community Forum Rules
The forum is part of our website www.british-genealogy.com and these rules are duplicated there under ‘terms’.
Any submission of material by you to the Forum means that you accept, and agree to abide by, all the terms and conditions of these Rules.
The forum is moderated by volunteers giving up their own valuable time & for whom genealogy is a passion!
You must be aware, as a contributor to a forum that you accept the rules set herein and to abide by them and accept the administrator's enforcement of them.
As a user you may not post messages on the forums that attempt to do the administrator's/moderator's job, or to impose these or other rules.
Although the Forum is moderated, we are under no obligation to you or any other person to oversee, monitor or moderate the Forum and we may stop monitoring the Forum at any time. We will not be responsible as author, editor or publisher of any contribution submitted to the Forum (Contribution) and we expressly exclude our liability for any loss or damage arising from the use of the Forum by any person in contravention of these Rules. We reserve the right to promptly remove, or to disable access to, any contribution which we deem to be potentially defamatory of any person, unlawful or in violation of any third party rights.
Submission of Contributions
To add a Contribution to a discussion, carry out the following:
1. Ensure you are logged into your account.
2. Click on the button labelled “Reply to Thread” in the top left of the page showing the discussion you would like to respond to.
3. Enter your reply in the “Quick Reply” box provided.
a. For advanced settings please click on “Go Advanced” below the Quick Reply box.
b. Advanced settings allow you to set a title for your post and add additional formatting such as Bold or Italics text, hyperlinks and images.
c. From the Advanced Reply page you can also preview your post by clicking on the button labelled “Preview Post” below the reply box.
4. Click on the button labelled “Post Quick Reply” to add your post to the discussion thread.
a. This button is labelled “Submit Reply” in the Advanced Reply page.
There is no limit to the length of a Contribution.
If you would like to start a new thread for discussion, please ensure you are logged in to your account and then:
1. Click on the button labelled “Post New Thread” in the top left of the forum section you would like to post in.
2. Enter a title for your post relevant to your subject.
3. Enter your post content in the large box provided.
a. Formatting options for bold and italics text, hyperlinks and images can be found at the top of this box.
4. If desired set a post icon.
5. Additional options can be set below the “Submit Thread” buttons. These include toggles to display your profile’s forum signature and disable ‘smilies’ as well as options for establishing a poll.
6. Once happy with your post you can preview it by clicking the button labelled “Preview Post” found below the reply box and below the additional options menu.
a. After previewing your post if you are satisfied with it you can click on the “Submit New Thread” button.
7. If you do not wish to preview your post you can immediately submit it by clicking on the “Submit New Thread” button.
There is no limit to the length of a new thread.
These content standards (Content Standards) apply to each part of a Contribution as well as to its whole.
Notes on the use of the forum and contents of posts.
*Each Forum has a specific "topic".
*You are not permitted to post details of anyone who you know (or suspect) to be still living.
*Please do not register more than once.
*If you have forgotten your User Name or Password, use the 'Contact Us' form at the bottom of the page.
*Duplicate memberships will be deleted.
*Posting of the same message to more than one forum is not allowed as it clutters the board and causes confusion.
*Duplicate posts will be removed.
*keep on ‘topic’ –please don’t allow posts to be made (or replied to) that go ‘off topic’, this is a genealogy forum and all posts must be with genealogical research uppermost in mind.
*Virus announcements and discussion of viruses is strictly prohibited except in the relevant forum specifically for that purpose.
* Recommendations for ‘signatures’ can only be made to the Administrator by Moderators. A signature option is awarded for forum users who make an outstanding contribution over regular use.
*You may not post links to any other website or to information contained on any other website except where that website is a government repository such as ‘the
The Content Standards must be complied with in spirit as well as to the letter.
We will determine, in our discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
• be accurate (where it states facts);
• be genuinely held (where it states opinions);
• comply with the law applicable in England and Wales and in any country from which it is posted; and
• be relevant.
A Contribution must not:
• be defamatory of any person;
• be obscene, offensive, hateful or inflammatory;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• disclose the personal data in respect of any individual;
• infringe any copyright, database right or trade mark of any other person;
• breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• be in contempt of court;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• impersonate any person, or misrepresent your identity or affiliation with any person;
• give the impression that the Contribution emanates from us if this is not the case;
• advocate, promote or incite any third party to commit, or assist any unlawful or criminal act;
• contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or
• contain any advertising or promote any services or web links to other sites.
Permission can be sought from Administrators and Moderators to post links to sites with useful and relevant resource to the topic being discussed.
By submitting a Contribution to the Forum, you agree to grant us a non-exclusive licence to use that Contribution.
Although you will still own the copyright in your Contribution, we will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Contribution. This licence will be free of charge, perpetual and capable of sub-licence. We may exercise all copyright and publicity rights in the material contained in your Contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material.
Please also note that, in accordance with the Content Standards, you must ensure that your Contribution does not infringe any copyright, database right or trade mark of any other person. By submitting your Contribution to the Forum, you are warranting that you have the right to grant us the non-exclusive copyright licence described above.
If you are not in a position to grant such a licence to us, please do not submit the Contribution to the Forum.
For the avoidance of doubt -this forum strictly forbids users to advertise or solicit ‘lookups’ from copyrighted work held elsewhere.
It is allowed and encouraged (subject to the copyright of the author and licence of the product publisher) to help others on the forums with their specific family history problems and queries by using or quoting a limited amount of material from published sources; and in such cases, you should always refer to the original source in your text.
Breach of these Rules
• immediate, temporary or permanent withdrawal of your right to use the Community Forum;
• immediate, temporary or permanent removal of any Contribution already posted on the Community Forum;
• issue of a warning to you;
• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
We exclude our liability for all action we may take in response to breaches of these Rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.
If you wish to complain about any Contribution posted to the Forum, please contact us. We will then review the Contribution and decide whether it complies with our Content Standards. We will deal with any Contribution which, in our opinion, violates our Content Standards as described above (see section "Breach of these Rules").
How to Contact Us
This website is owned and operated by Clever Digit media Ltd
We invite you to contact us if you have questions about this policy.
You may contact us at email@example.com or by post at
Clever Digit Media Ltd, New Hall, Market Place, Melksham, Wiltshire, SN12 6EX.
The following privacy statement covers (""), hereafter referred to as "this website".
Links within this website to other sites are not covered by this policy.
Dispute Resolution and Privacy Seals
We have the following privacy seals and/or dispute resolution mechanisms: Thawte Secure Certificate 128-Bit Encryption.
Please contact us about a new dispute.
P3P policies declare the data they collect in groups (also referred to as "statements"). This policy contains 2 data groups. The data practices of each group will be explained separately.
Group "Basic information"
We collect the following information:
- HTTP protocol elements
At the user's option, we may also collect the following data:
- Click-stream data
- Search terms
This data will be used for the following purposes:
- Completion and support of the current activity.
- Website and system administration.
- Research and development.
This data will be used by ourselves and our agents.
The following explanation is provided for why this data is collected:
Data collected from all Web users: access logs, and search strings (if entered).
At the user's option, we will collect the following data:
- HTTP cookies
This data will be used for the following purposes:
- Research and development.
- One-time tailoring.
This data will be used by ourselves and our agents.
The following explanation is provided for why this data is collected:
Cookies are used to track visitors to our site so we can better understand what portions of our site best serve you.
Cookies are a technology which can be used to provide you with tailored information from a website. A cookie is a piece of data that a website can send to your browser, which may then be saved on your computer. You can configure your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it.
- User targeting
- Research and development
Your registration details provide the minimum data requirements for you to use this service.
We do not ask for any sensitive data.
On submission of the members form, you agree that these details will be stored securely.
Your email address is stored as part of your user profile. If you have selected the "Allow vCard Download" option your email address may be visible to other forum users.
All new user registrations on or after 24/4/2013 will have this option unselected by default.
Users who registered prior to this date should check their profile options and select "Deny vCard Download" to ensure their email address is not visible to other forum users.
We will not disclose or release your email address to any third party and it will not be used for any third party marketing purposes whatsoever.
Your email address may be used by us to give you updates on developments in this website, or related websites under the Clever Digit Media banner which you have an option to unsubscribe from.
Most areas of the site require that a cookie will be saved to your computer to allow greater access. Should you choose to delete your cookies you can log in again at any time using the "Log In/Register" link displayed at the top of every page.
You may have your registration details removed at any time.
Please contact us with your email address and we will remove all your details.
You may also update your details yourself at any time.
Please note that in order to ensure all traces of your account are removed properly, you must contact us with as much relevant information as we need to locate your account and remove it. We will notify you when this is done. At this point all of your details will have been removed from our server but may remain in cached pages elsewhere on the internet, these should expire in due course and are out of our control.
LAST UPDATED TH 14/12/18