Terms of Service

Terms of Service for TollGenealogy.com (the “Website“)

Please read these terms of service carefully before using the Website, as they affect your legal rights.   By using this website you are deemed to agree with these terms. If you do not wish to be bound by these terms then you should stop using the Website. 

These terms (the “Terms“) of service apply between you, the user of the Website, and Rachel King trading as Toll Genealogy, the owner and operator of the Website. By accessing and browsing the Website, you accept, without limitation or qualification, the Terms and acknowledge that any other agreements between you and the Site are superseded and of no force or effect.

You must be at least 18 years of age to use this Website.  By using the Website and agreeing to these Terms you represent and warrant that you are at least 18 years of age.

In these terms, “User” or “Users” means any third party that accesses the Website and is not either (i) employed by Rachel King trading as Toll Genealogy and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Rachel King trading as Toll Genealogy and accessing the Website in connection with the provision of such services.

Intellectual property and acceptable use

All Content included on the Website, unless uploaded by Users, is the property of Rachel King trading as Toll Genealogy, our affiliates or other relevant third parties, and is copyright Rachel King trading as Toll Genealogy unless otherwise noted.  No such materials may be used except as provided in these Terms. In these Terms, “Content” means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information, capable of being stored in a computer, that appears on or forms part of this Website, including any such content uploaded by Users.  By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights.  Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owners’ prior written permission.

You may, for your own personal, non-commercial use only, do the following:

  • retrieve, display and view the Content on a computer screen
  • download pages from the Website for caching in a web browser
  • print pages from the Website

You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Rachel King trading as Toll Genealogy.

Prohibited use

You may not use the Website for any of the following purposes:

  • in any way which causes, or may cause damage to the Website or interferes with any other person’s use or enjoyment of the Website;
  • in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
  • making, transmitting or storing electronic copies of Content protected by copyright without the permission of the Owner.
Links to other websites

The Website contains links to other websites.  Unless expressly stated, these sites are not under the control of Rachel King trading as Toll Genealogy or that of our affiliates.

We assume no responsibility for the content of such websites and claim no liability whatsoever for any and all forms of loss or damage arising out of the use of them.

The inclusion of a link to another website on this Website does not imply any endorsement of the websites themselves or of those in control of them.

Privacy Policy and Cookie Policy

Use of the Website is also governed by our Privacy Policy and Cookie Policy, which are incorporated into these terms by this reference.  Our Privacy Policy can be viewed at http://tollgenealogy.com/privacy-policy/ and our Cookie Policy can be viewed at http://tollgenealogy.com/cookie-policy/.  If you do not agree with this Privacy Policy, in whole or in part, please do not use the Website.

Availability of the Website and disclaimers

Any online facilities, tools, services or information that Rachel King trading as Toll Genealogy makes available through the Website (the “Service“) is provided ‘as is’ and on an ‘as available’ basis.  We give no warranty that the Service will be free of defects and/or faults.  To the maximum extent permitted by the law, we provide no warranties, express or implied, of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.  Rachel King trading as Toll Genealogy is under no obligation to update information on the Website.

Rachel King trading as Toll Genealogy uses commercially reasonable endeavours to ensure that the Website is secure and free from errors, viruses and other malware, and to restrict unauthorised access to our data and files.  However, we give no warranty or guarantee in that regard, and you take responsibility for your own security, that of your personal details and your computers.   You acknowledge that it may be possible for an unauthorised third party to access, view, copy, modify or distribute the data and files you store using the Website.  Use of the Website is completely at your own risk.

Rachel King trading as Toll Genealogy accepts no liability for any disruption or non-availability of the Website.

Rachel King trading as Toll Genealogy reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available.  The Terms shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

By way of this reference, the disclaimer statement at http://tollgenealogy.com/disclaimer/ is incorporated into these Terms.

Limitation of Liability

Neither Rachel King trading as Toll Genealogy, nor any other party involved in creating, producing or maintaining the Website shall be liable under any circumstances for any direct, indirect, incidental, consequential or punitive damages arising out of your use of the Website.

Nothing in these terms will limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.  To the extent that information on the Website is provided free of charge, Rachel King trading as Toll Genealogy will not be liable for any loss or damage whatsoever.

To the maximum extent permitted by law, Rachel King trading as Toll Genealogy accepts no liability for any of the following

  • any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities
  • loss or corruption of any data, database or software;
  • any special, indirect or consequential loss or damage.
General

You may not transfer any of your rights under these terms to any other person.  We may transfer our rights under these terms where we reasonably believe your rights will not be affected.

These Terms may be varied by us from time to time.  Such revised terms will apply to the Website from the date of publication.  You should therefore check this page regularly to review the then current Terms by which you are bound.

These terms, together with the Privacy Policy, Cookie Policy and Disclaimer contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions arrangements or agreements that might have taken place in relation to the terms and conditions.

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and no third party will have any right to enforce or rely on any provision of these terms.

If any court or competent authority finds that any provision of these terms (or part of any provision)  is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other right or remedy.

This Agreement shall be governed by, and interpreted according to the law of, England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Rachel King trading as Toll Genealogy contact details

Rachel King trading as Toll Genealogy operates the Website www.tollgenealogy.com.  You can contact Rachel King trading as Toll Genealogy by email at rachel@tollgenealogy.com.

Last updated 15 October 2018