terms and conditions

terms and conditions

These Terms and Conditions are being developed as DigiClerk grows.

Please read these T&C carefully before you start to use DigiClerk (DC). 

These are the Terms and Conditions (T&C), upon which DigiClerk Ltd (DC) will allow Members to access DC records through the website www.digiclerk.uk (the platform).

By using DC, Members accept these T&C of use and agree to be bound by them.

DC reserves the right to change these T&C from time to time by changing them on the platform, and by continuing to use the platform, Members accept these changes and agree to be bound by them.

It is Members’ responsibility to check the T&C each time they use the platform.

Definitions, meanings and abbreviations:

  • Member = Founder Member +, Member +, Founder Member or Member.
  • The Platform = digiclerk.uk the website with this or any other domain name when accessed using any means.
  • ‘in writing’ = includes emails.
  • ‘comms’ = communication(s)
  • ‘DC’ = DigiClerk Ltd
  • ‘DO’ = data owner
  • ‘FAQ’ = Frequently asked questions
  • ‘info’ = information
  • ‘T&C’ = terms and conditions
  • ‘We’ = DigiClerk Ltd

www.digiclerk.uk is a platform operated by DigiClerk Ltd (DC), a UK based and registered company. 12204438 – Incorporated on 12 Sep 2019.  61 Station Road, Sudbury, Suffolk, England, CO10 2SP.  More details are here  Companies House

In addition, the following additional terms may apply to your use of the platform and are deemed incorporated into these T&C:

These terms tell you the T&C on which you make use of the platform as a Member.

Use of the platform includes accessing, browsing, registering as a member and purchasing any of the products or services listed on the platform.

We will amend these T&C from time to time.

Every time you use the platform, please check these T&C to ensure you understand the terms which will apply at that time.

These T&C are only in the English language, for the moment, because all our services are currently in  the English language.

If you are unclear on anything please first look at the Frequently Asked Questions (FAQs) section.  If you can’t find the answer to your question, or if you have a specific question you would like to ask, please use the ‘contact us’ button.

By using the platform, you confirm that you accept these T&C and that you agree to comply with them.  If you do not agree to these T&C, you must not use this platform.

We recommend that you print a copy of these T&C for future reference.

Privacy and Data Policy

  • There is a separate document data policy document.
  • The policy sets out the terms on which we process any personal data we collect from you, or that you provide to us.
  • By using the platform, you consent to such processing and you warrant that all data provided by you is accurate.
  • The Privacy and Data Policy is available to read at the ‘Data Policy’ link.

Remove and Delete Policy

  • This sets out the terms on which we deal with complaints that any info on our platform infringes the copyright of a third party.
  • More to follow….

Changes to these T&C

  • We will amend these T&C from time to time. Please look at the table at bottom of this page to see when and what the last update was.
  • Every time you order from us, the T&C in force at the time of your order will apply to the Contract between you and us.
  • We may revise these T&C from time to time to reflect changes in relevant laws and regulatory requirements.

Accessing the platform

  • We do not guarantee that the platform, or any content on it, will always be available or be uninterrupted.
  • We may suspend, withdraw, discontinue or change all or any part of the platform without notice.
  • We will not be liable to you if for any reason the platform is unavailable at any time or for any period.
  • You are responsible for making all arrangements necessary for you to have access to the platform, including ensuring your computer equipment and software is capable of displaying pages correctly.
  • We may, at any time and our sole discretion, terminate or suspend your membership in the event of any breach of these T&C by you.

Eligibility

  • The platform is intended for users who are 18 years of age or older.
  • Any use of, or access to, the platform or registration as a member by anyone under 18, must be authorised by DC first
  • By using the platform, you warrant that you are 18 or older unless authorised by DC.
  • This clause is being reviewed due to a potential school project.
  • More to follow…

Communications between us

  • If you would like to contact DC please use the ‘contact us’ button.
  • Communications (comms) 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.
  • Members can elect not to receive emails from us at any time simply select the option on your profile (when enabled) or contact us to do this for you or use the ’email subscription settings’ on any email sent to you from DC.
  • Please note: Only marketing or optional service-based emails can be controlled by members, some emails are essential to you using the services of the platform 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 use the ‘contact us’ button.
  • As part of the development roadmap DC will create a method of internal communications between Members and within groups. Members will have the ability to participate in this or not.
  • More to follow on this as it develops…

Membership

  • Membership does not imply any ownership of DC.
  • DC offers four levels of membership:
    • Founder Member +
    • Founder Member
    • Member +
    • Member.
  • 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, nor disclose it to third parties.
  • 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.
  • If you know or suspect that anyone other than you knows your password, you must promptly notify us via the ‘contact us’ button.
  • Please note that the content on our platform is provided for general info only, we cannot guarantee that any particular info 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 info on our platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the platform is accurate, complete or up to date.
  • If you do notice any error or omission, please let us know via ‘contact us’.
  • All memberships are granted on an individual basis.
  • The membership is for individual non-commercial leisure use only.
  • DC has no free Membership.
  • Membership prices are on the ‘join us’ page.
  • Members outside of the UK are responsible for paying any appropriate local taxes that are levied.
  • 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.
  • Membership is not transferable.

Founder Membership

  • Founder Members pay a one off, lifetime fee, Kickstarter style.  They are the early adopters helping to shape DC.
  • There are Founder Member + (FM+) and Founder Members (FM).
  • FM+ have access across all Collections.
  • FM have access to one collection only.
  • Members pay an annual subscription.
  • There are Member + (M+) and Members (M).
  • M+ have access across all Collections.
  • M have access to one collection only.

 

Membership cancellation

  • Your legal right to cancel a Contract starts from the date of the acceptance of your Membership, which is when the Contract is formed.
  • Cool off period…more to follow…
  • Cancellation notice…more to follow…
  • More to follow…

Deleting your account                  

  • Deleting your account removes all your registered information, all of your saved searches, all of your payment & order details.
  • Deleting your account does not delete any electronic versions of records that you have uploaded onto the platform whether you are the DO or not.
  • More to follow…

Membership fees

  • Membership Fee levels found at DigiClerk
  • Membership Fees include UK VAT
  • More to follow after financial discussions…

Download fees

  • Members can see, browse, search and view records.
  • Members can like and rate records for QA reasons (more to follow…)
  • Members can organise records that they have liked into online files and record sets.
  • If a Member wishes to download a record to ‘own’ or print off then there is an extra download fee per record downloaded.
  • Likely to be + VAT
  • More to follow…

Trader fees

  • Future functionality of DC will be for Members to indicate whether the physical record is for sale and the sale price (more to follow…)
  • The platform will enable the trade (more to follow…)
  • Likely to be plus VAT.

Private fees

  • Members will have the ability to create private groups within the Collections to only let selected group members see the records.
  • These records will not participate in any revenue scheme.
  • There will be an extra fee for this facility (more to follow…)

Consultancy fees

  • DC can assist with related projects and will do this on the basis of a daily fee plus costs (more to follow…)

Intellectual property rights (IPR)

  • DC is the owner or the licensee of all IPR on the platform, and the records and databases published on it.
  • Those works are protected by copyright laws and treaties around the world.
  • Whilst a Member you may store and sort files….more to follow…
  • All such rights are reserved.
  • After paying the download fee you may print off copies and may download extracts, of any page(s) from our platform for your personal use.
  • You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
  • Our status (and that of any identified contributors) as the authors of content on our platform must always be acknowledged.
  • You must not use any part of the content on our platform for commercial purposes without obtaining a licence to do so from us.
  • You must not share info only available to Members with anyone who is not a Member other than to pursue private research in connection with that data without DC’s permission.
  • If you print off, copy or download any content or part of the platform in breach of these T&C, we may terminate your membership and require you to return or destroy any copies of the materials you have made.

Limitation of our liability

  • DC does not, in any way, exclude or limit our liability for:
    • death or personal injury caused by our negligence;
    • fraud or fraudulent misrepresentation;
    • any breach of the terms implied by relevant clauses of the Consumer Rights act 2015.
    • breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or the Supply of goods and services act 2015 -whichever is relevant.
    • 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) or the Supply of goods and services act 2015 -whichever is relevant.
    • defective products under the Consumer Protection Act 1987; or
    • any other liability that cannot be excluded or limited by English law.

 

Updates

  • 14/10/22.v1.1. clauses <15. first draft. MF
  • 18/1/22. v1.3. clauses. second draft. MF
  • 13/1/23. v1.5. clauses. most of them. update on fees and taxes and general edit. MF
  • 30/3/23. v1.6. clauses most of them. general SEO and readability tidy up. MF