1901 Census Service Agreement
There has been a change to the 1901 Census Service Agreement as of 18/02/2009. Your continued use of the 1901 Census Service constitutes your acceptance of the new 1901 Census Service Agreement.
This Agreement is an English language legal document which sets out your rights and obligations, and those of GenesReunited Records Limited, a company registered in England under Registration no. 05508829 and Vat number: 197 0041 67 ("GenesReunited Records", "we" or "us"), in relation to this site and the services offered by GenesReunited Records (the "1901 Census Service"). You must take the time to read and understand it before using for the 1901 Census Service. By using the 1901 Census Service, you accept that you are entering into a contract with us on the terms of this Agreement. If you do not wish to be legally bound by this Agreement you must discontinue use of the 1901 Census Service.
- Using the 1901 Census Service
People who use the 1901 Census Service are referred to as "Users" in this Agreement. Users are able:
- to use credit cards, charge cards or debit cards (collectively, "Cards") or vouchers ("Vouchers") to pay the fees we charge (the "Fees") to access individual transcriptions of 1901 census entries (a "Transcription") and images of the original page of the 1901 census from which the Transcription has been made (a "Census Image"), each an "Access" for the purposes of this Agreement; and
- to receive our emailed Newsletter for the 1901 Census Service; each Newsletter will give Users an opportunity to opt-out of receiving future Newsletters. Our Newsletters will typically provide helpful information about services provided by our affiliates, in particular GenesReunited.com.
- Cards and Vouchers
- Users who use a Card to pay for Accesses ("Card-paying Users") will be charged a fee of £5.00. This will be charged to the User's Card account, appearing on the Card statement under "Genes Reunited". This fee entitles the user to five hundred 1901 credits to spend on 1901 services. These credits are valid for 7 days from the date on which the £5.00 fee is paid.
- Users who use Vouchers to pay for Accesses ("Voucher-paying Users") will not have a minimum charge per session. Fees will be accrued up to the Voucher value during the session and displayed on the screen. Vouchers must be entered onto the site before any Expiry Date of First Use printed on the Voucher and will remain valid for the period of six (6) months from the date of first use (the "Voucher Validity Period").
- Bulk Voucher Purchases
- In the past, Genes Reunited offered outlets such as libraries, genealogical societies and commercial operations ("Resellers") the opportunity to purchase Vouchers in bulk ("Bulk Vouchers") for re-sale to Users,
- Genes Reunited has discontinued the sale of Bulk Vouchers to Resellers ("the Discontinuance").
- The conditions governing the use of Bulk Vouchers purchased by Resellers prior to the Discontinuance are contained in our Bulk Voucher Purchase Terms and Conditions.
- Cancelling your payments
If you are a Card-paying User, you acknowledge that we make Access available to you promptly after you provide us with your Card details. This means that you do not have the right to cancel your commitment to pay the minimum Fee of £5 per Card Session, or the cost of any additional Access you use, during the cooling-off period that is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000. If you purchase a Voucher from us, you have the right to cancel your purchase of it within seven working days of its delivery to you. If you purchase a Voucher from another outlet, such as a library, genealogical society or a commercial operation, your right of cancellation (if any) applies as between you and the outlet in question. You must contact that outlet - not us - in relation to cancellation and any other contractual and consumer law issues you may have. To cancel a Voucher that you have purchased from us and have not used, please return the Voucher, giving the reason for the return as "Contract cancellation". Please package the relevant item securely and send it to Census Helpdesk, Genes Reunited Accounts, Gateway House, Technology park, Dundee DD2 1TP within seven working days of the date that the Voucher was delivered to you. For your protection, we recommend that you use a recorded-delivery service. Please note that you will be responsible for the costs of returning the Voucher. As soon as we receive notice of your cancellation, we will refund the relevant Fees.
Refunds will be given where:
- a Census Image you request does not appear on-screen - you will need to allow sufficient time for this, according to the speed of your internet connection and your computer's processing speed;
- a Transcription you have Accessed does not link to the related Census Image.
- a Card-paying User's Card will be credited with the relevant amount; or
- for a Voucher-paying User, a refund will be applied as a credit to the Voucher, or a cash refund will be provided if the Voucher has expired. The expiry period of a Voucher will not be extended as a result of a refund.
- Additional services
We or our affiliates may offer new or additional services through the 1901 Census Service from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Any failure by you to comply with a material provision of the terms or rules governing such additional services will amount to a breach of this Agreement and entitle us to terminate this Agreement with you. Additional services on the 1901 Census Service include:
- search the England and Wales 1841, 1851, 1861, 1871, 1881, 1891 and 1911 census records and the birth, marriage and death indexes for England and Wales from 1837 to 2004 for basic information as available for free on the 1901 Census Service; and
- purchase 1901 Census credits to view more detailed census and birth, marriage and death indexes results as available for a fee on the 1901 Census Service. Detailed results available shall be as indicated on the 1901 Census Service and may include but shall not be limited to: full person results for an individual (from the 1841, 1851, 1861, 1871, 1881, 1891 and 1911 census); census image (from the 1841, 1851, 1861, 1871, 1881, 1891 and 1911); index image (birth, marriages and deaths from 1837 to 1983); and full birth, marriage and death details (1984 – 2002).
- Operation of the 1901 Census Service
We reserve the right to withdraw or modify aspects of the 1901 Census Service, or the entirety of it, in the unlikely event that we have legal or commercial reasons to do so, including privacy, data protection or other legal objections to the content or conduct of the 1901 Census Service. There may also be times when the 1901 Census Service becomes inaccessible as a result of technical difficulties experienced by GenesReunited Records or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note that there will be no refund of Fees (nor will we have any other liability to you) for withdrawal, modification or unavailability of the 1901 Census Service, except as provided in Clause 11(ii) below.
- Misuse of 1901 Census Service
We reserve the right to suspend or terminate any User's access to the 1901 Census Service, or parts of it, if the relevant User appears to us to be in breach of any provision of this Agreement.
- You acknowledge that we are entitled to alter the amount or the basis of the calculation of our Fees, the services which they enable you to obtain and other factors from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant 1901 Census Service. However, these changes will not affect the Accesses that you have already paid for.
- Fees include Value Added Tax (VAT) at the standard rate of 17.5%.
- Fees will not be rebated or refunded by GenesReunited Records, except as specifically provided in Clause 5 or Clause 6, or as follows. If, under Clause 9 above, we entirely withdraw a substantial part of the 1901 Census Service, then you may be entitled to a rebate of the unused portion of (a) (in the case of a Voucher-paying User) the price originally paid for any then-outstanding Voucher whose Voucher Validity Period has not elapsed, or (b) (in the case of a Card-paying User) the minimum Fee paid for any then-current Card Session. We may offer new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.
You are responsible for ensuring that no activity or communication you make in connection with the 1901 Census Service will be capable of
- infringing the intellectual property or other rights of any person or entity,
- breaching any applicable law, whether criminal, tortious or otherwise, or
- appearing to be offensive, threatening, abusive, discriminatory, obscene, pornographic, false, libellous, defamatory, unreliable or misleading
- Disclaimer and Release
We have no control over or responsibility for the truth or accuracy of Access results. The National Archives on behalf of HM Government has made available to the public Accessable information on the 1901 Census Service. Whilst The National Archives endeavours to ensure that the information is correct, in no event shall The National Archives nor GenesReunited Records be responsible for any loss or damage of whatever kind arising out of any Access or the use of or reliance on any Access or information disclosed as a result of an Access.
If any third party sites are linked to from the 1901 Census Service, this does not mean that we or The National Archives endorse or have any responsibility for the site in question or anything which appears on it.
Accordingly, to the extent that the law permits, you release GenesReunited Records, its directors, contractors and employees and The National Archives from all liability (including in relation to disputes with other Users) arising out of your use of a third party site or arising out of or in connection with the 1901 Census Service and Accesses conducted on it.
- Intellectual Property
You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the 1901 Census Service are owned by GenesReunited Records, but that the contents of the 1901 Census, and all material disclosed as a result of Accesses, are protected by Crown copyright. All rights are reserved. The content of the 1901 Census is published by GenesReunited Records under licence from, and on behalf of, The National Archives. The information contained in the Crown copyright protected material may be transcribed and then distributed or published in any format or medium, but only if it is reproduced accurately and not used in a misleading context. If you transcribe any of the Crown copyright information available through the 1901 Census Service, or distribute it to others or republish it, you must identify the source of the material. You may only reproduce the images of documents or transcribed pages from the 1901 Census Service in hard copy for your personal research, private study or education. These images and transcribed pages may not otherwise be reproduced, distributed or transmitted to any other person or incorporated in any way into another document or other material without the prior written permission of The Image Library, The National Archives, Kew, Richmond, Surrey, TW9 4DU, which may require a fee to be paid.
Any copy of these materials which you make must retain all copyright and other proprietary notices shown on the initial download or printout.
Save only as is stated above, no-one may copy, distribute, show in public or create any derivative work from the 1901 Census Service, or any of the material which is found on the 1901 Census Service.
- Excluded loss
Neither we nor The National Archives will be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). GenesReunited Records and The National Archives will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond their reasonable control.
- Maximum liability
Without limiting any other Clause of this Agreement, our aggregate liability under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed (a) (in the case of a Voucher-paying User) the price originally paid for a Voucher, provided its Voucher Validity Period has not elapsed, or (b) (in the case of a Card-paying User) the Fees actually paid to us for the then-current Card Session, regardless of the cause or form of action.
- Non-excluded Liabilities
Nothing in this Agreement limits our liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement.
- Entire Agreement
- Changes to this Agreement
GenesReunited Records reserves the right to change this Agreement from time to time, and post the new version on the 1901 Census Service. When we do so, we will notify you of the fact that there are changed terms on the main screen and the new version of these terms and conditions will take effect, and will govern all 1901 Census Services and your relationship with GenesReunited Records immediately upon the date of posting (or such later date as GenesReunited Records indicates in the relevant posting). Your continued use of the 1901 Census Service after changes to this Agreement are posted indicates your acceptance of those changes. If you do not wish to be legally bound by any future amended terms and conditions then do not continue to use or access the 1901 Census Service.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
- Keeping this Agreement
We don't separately file the individual Agreements entered into by Users when they use the 1901 Census Service. You can access it at www.1901censusonline.com. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.
You can contact us by email at email@example.com or by post at Census Helpdesk, 38-41 Fourth Floor, 199 Bishopsgate, London EC2M 3TY. If you wish to pay by cheque please make it payable to 1901 Census Online and send it to Census Helpdesk, Genes Reunited Accounts, Gateway House, Technology park, Dundee DD2 1TP. Please make sure you include your email address with all correspondence.
Complaints should be addressed, in the first instance, either through the Feedback screens of the 1901 Census Service or by email or post to the address above. We will reply to all complaints. We aim to send an initial acknowledgement of receipt of a complaint within 3 working days and a full response to complaints within 10 working days of receipt. If we cannot respond fully within 10 working days, we will keep you informed on the progress of our investigation.