Terms and Conditions of Supply of Toll Genealogy
TollGenealogy.com (“site”) is owned and operated by Rachel King trading as Toll Genealogy (“Toll Genealogy” or “us”).
Please read these terms carefully. By purchasing services and/or products on this site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions please do not purchase services or products from this site.
2. Changes to terms
We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.
Please check these terms and conditions periodically for changes.
Your continued use of this site and purchase of services or products on this site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.
If the revised terms apply to any existing provision of services, we will notify you of the changes.
4. Age restriction
You shall not purchase any services or products from our site if you are below the age of 18 years old because, under this age, you do not have the legal capacity to enter into a contract.
5. Acceptance of order
5.1 These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the order issued to you by email (Email Confirmation) or when we contact you to tell you that we are able to provide the services or products to you.
5.2 If there is any conflict between these Terms and any term of the order, the order will take priority.
6. Entire Agreement
7.2 You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.
7.3 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.
8. Provision of Services
8.1 We will supply the services to you from the date agreed between us in writing until the estimated completion date as agreed between us.
8.2 We will make every effort to complete the services on time. However, there may be delays due to an Event Outside Our Control. See clause 14 below for our responsibilities when an Event Outside Our Control happens.
8.3 We will need certain information from you that is necessary for us to provide the services and will contact you about this. If you do not, after being asked by us, provide us with this information, or you provide us with incomplete or incorrect information, we may suspend the services by giving you written notice and a refund will be provided.
8.4 We may have to suspend the services if we have to deal with technical problems or to make improvements agreed between you and us in writing to the services. We will contact you to let you know in advance where this occurs unless the problem is urgent or an emergency.
8.5 If we design a product for you or supply a product to you as part of the services (such as a report, a CD, a DVD, an e-book or any other form of digital content or any other type of product whatsoever), we will own the copyright, design right and all other intellectual property rights in such product and any drafts, drawings or illustrations we make in connection with the product for you.
9. If there is a problem with the services
9.1 In the unlikely event that there is any defect with the services:
(a) please contact us and tell us as soon as reasonably possible;
(b) please give us a reasonable opportunity to repair or fix any defect
and we will use every effort to repair or fix the defect within seven days.
9.2 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
9.3 Before we begin to provide the services, you have the following rights to cancel our services:
(a) you may cancel any order for Services at any time before the start date for the services by contacting us at [email protected] We will confirm your cancellation in writing to you;
(b) if you cancel an Order under clause 9.3 (a) and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you;
(c) however, if you cancel an order for services and we have already started work on your order by that time, you will pay us any costs we reasonably incurred in starting to fulfil the order, and this charge will be deducted from any refund that is due to you. We will tell you what these costs are when you contact us. However, where you have cancelled an order because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us.
9.4 If the Contract is of an indefinite duration, once we have begun to provide the services to you, you may cancel the contract for services with immediate effect by giving us written notice if:
(a) we break this contract in any material way and we do not correct or fix the situation within 28 days of you asking us to in writing;
(b) we change these Terms under to your material disadvantage;
(c) we are affected by an Event Outside Our Control.
10. Digital Products
10.1 In relation to digital content not on a tangible medium, you may cancel the contract at any time up to 14 days after the day on which the contract is entered into.
10.2 Notwithstanding clause 10.1, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in clause 10.1 and you acknowledge that you will lose your cancellation rights.
11. Our rights to cancel and applicable refund
11.1 We may have to cancel an order before the start date for the services due to an Event Outside Our Control or the unavailability of key personnel or key materials without which we cannot provide the services or the products. If this happens:
(a) we will promptly contact you to let you know;
(b) if you have made any payment in advance for services or products that have not been provided to you, we will refund these amounts to you;
(c) where we have already started work on your order for services, we will not charge you anything and you will not have to make any payment to us.
11.2 Once we have begun to provide the services to you, we may cancel the contract for the services at any time by providing you with at least 14 calendar days’ notice in writing. If you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.
12. Price and payment
12.1 Prices of the services and products are specified on our site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.
12.2 Payment for services is to be made in advance by credit or debit card except where agreed otherwise in writing between us.
13. Limitation of liability
13.1 We are responsible for loss or damage you suffer that is a foreseeable result of our negligence or our breach of the Terms, 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.
13.2 Services and products supplied by us are for non-commercial purposes only. You shall not use the services or products for any business or re-sale, commercial purpose. We are not liable to you for any loss of business, loss of profit, loss of business opportunity, or business interruption.
13.3 Exceptions to Limitation of Liability
Our liability does not exclude or limit in any way:
(a) fraud or fraudulent misrepresentation;
(b) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(c) breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession).
14. Circumstances beyond our control
14.1 If there is a failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.
14.2 Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.
14.3 If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:
(a) you will be notified as soon as reasonably possible; and
(b) the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control.
14.4 If Circumstances Beyond Our Control occur and you do not wish us to provide the services, you may cancel the contract in accordance with clause 9. We may cancel the contract if the Circumstances Beyond Our Control continues for more than four weeks in accordance with our cancellation rights.
15.1 Any notice to us should be in writing and sent to us by e-mail at [email protected]
15.2 Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the Order.
16.1 We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.
16.2 You cannot transfer your rights and obligations under these Terms to any another person without our written approval.
16.3 This contract is only between you and us. No other third person shall have any rights to enforce any terms.
16.4 Each paragraph of these Terms are separate and distinct from each other. If any court or relevant authority determines any of paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.
16.5 Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.
16.6 English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us. However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland, and you may bring proceedings in Scotland if you are a resident of Scotland.
17. Contact us
If you have any questions or queries, you can email us at [email protected].