Terms and conditions

1. General

1.1 Essex Archives Online is the Essex Record Office’s ("ERO’s") online catalogue. The data contained within Essex Archives Online, including images of some records, are available to view online free of charge. However, the system does require you to register in order to view images or subscription content.

1.2 Registration also permits users to save searches on the system. Unless the user opts out, registration also permits ERO to keep the user informed about changes to ERO services.

1.3 Paying a subscription on Essex Archives Online allows the user unlimited access to images of Essex parish registers, wills and electoral registers for the length of the subscription period. Images of parish registers, wills and electoral registers are available by subscription only.

1.4 Users are responsible for keeping their registration details including their email address and geographical address up to date. For security reasons ERO staff are not permitted to amend details on the user’s behalf.

1.5 Users must keep their password and account details confidential. This information should not be disclosed to others. If users believe the security of their account has been breached they must immediately inform ERO in writing at Essex Record Office, Wharf Road, Chelmsford, CM2 6YT or via email to ero.enquiry@essex.gov.uk

1.6 ERO reserves the right to amend the text of the database or any other part of the service/website without notice.

1.7 The user shall be given reasonable notice in advance of any amendments to the terms and conditions.

1.8 ERO may add or replace images in order to expand or improve the services offered.

1.9 ERO may remove images for quality control or compliance purposes. However, every reasonable effort shall be made to ensure stability and increase the number of images available.

1.10 The use of Essex Archives Online requires cookies to be enabled on the user’s internet browser.

1.11 Acceptance of these terms and conditions is a mandatory requirement in order to access the Essex Archives Online subscription service.

2. Use

2.1 Images found on Essex Archives Online can only be used for non-commercial research or private study as defined in the Copyright Designs and Patents Act 1988 and associated secondary legislation.

2.2 Images must not be sold in any form and must not be used as a part of a compilation of independent portfolios of images, whether sold or not.

2.3 Publication of images by ERO does not imply a right on the part of the user to reproduce or publish images or absolve the user from the need to obtain permission from the owner of the copyright to reproduce or publish items subject to copyright.

2.4 Strictly no commercial or organizational downloading, publication, reproduction or printing of images from Essex Archives Online is permitted without the prior consent of ERO and the owner of the copyright in the records/images.

2.5 Images are not permitted for use within publications or exhibitions, including online publications or exhibitions, commercial or non-commercial websites, without written permission from ERO.

2.6 Record agents or other commercial users who wish to forward images or records to third parties should instruct them to complete ERO’s digital image order form, including the copyright declaration, and to forward the form and the appropriate payment to ERO. The order form is available from ero.enquiry@essex.gov.uk

2.7 Images include a visible reference, watermark and invisible data identifying the ERO as their source. These markings must not be removed from any printed or downloaded records and images.

3. Quality

3.1 Images are of a quality sufficient for online use and for most private study purposes including printing. Higher quality images for publication and display as approved in accordance with 2.5 above can be obtained for a fee from ERO.

3.2 Essex Archives Online provides images made directly from the original records; records are not scanned from microfilm. ERO takes no responsibility for the quality or interpretation of the original handwriting or other content. For assistance in these areas there is a research service available to users at an additional cost. For details please contact ero.searchservice@essex.gov.uk

4. Data Protection

4.1 Essex County Council is subject to the Freedom of Information Act 2000 and is a data controller for the purposes of the Data Protection Act 1998. All information and data is processed in accordance with the legislation detailed above.

4.2 ERO shall only use a registered user’s personal data for purposes connected with the user’s registration or subscription or to provide information about other services available from ERO. If the user does not wish to receive the information relating to other services, they should inform ERO in writing at Essex Record Office, Wharf Road, Chelmsford, Essex CM2 6YT or via email at ero.enquiry@essex.gov.uk.

5. Content

5.1 A subscription to Essex Archives Online provides access to images of (i) parish registers held either by ERO or by Waltham Forest Archives, with the exceptions of baptism registers less than 16 years old and of marriage registers from after 1957; (ii) original wills held by ERO; and (iii) county electoral registers held by ERO, 1833-1867, 1918, 1929. Users are directed to the User Guide for further details.

5.2 Images of wills are provided with an index of testators’ names. This is an exception: ERO does not provide indexes of names for other image content.

5.3 Parish registers are identified by parish, event (i.e. baptism, marriage or burial) and date range only. Electoral registers are identified by division, date, and parish or place-name only. Access is provided on the basis that the onus for searching and identifying content rests with the user.

6. Subscription and Payment

6.1 Subscriptions are unique to each individual user and are not transferable.

6.2 Subscription periods are made up of units of 24 hours and are available for the following periods: 1 day, 1 week, 1 month, 6 months, 1 year.

6.3 Payment will be taken immediately. However, subscription periods begin upon user login to the Essex Archives Online service for the first time.

6.4 The credit or debit card used to pay for a subscription must be registered to the user at the address supplied to ERO.

6.5 Users may cancel their subscription for a full refund at any time within 14 days of payment, without giving any reason, provided that the subscription has not been activated via login as detailed within 6.3 above. By logging in within 14 days of payment users lose the right to a refund and they acknowledge that they have lost that right.

6.6 Applications to cancel subscriptions must be made in writing to Essex Record Office, Wharf Road, Chelmsford, CM2 6YT, UK, or by email to ero.enquiry@essex.gov.uk

6.7 Applications as detailed in 6.6 above must include the following information: user’s forename and surname; email address registered for the subscription; date and length of subscription.

6.8 As detailed in 6.5 above subscriptions cannot be cancelled once they have been activated upon first login on to the Essex Archives Online system.

6.9 In exceptional circumstances, written applications for refunds of the unexpired term of activated subscriptions may be considered. ERO reserves the right to refuse applications referred to in this clause 6.9 without further information.

6.10 Applications made in accordance with 6.9 above shall be subject to an administration charge of £15 or 20% of the total subscription paid whichever is the greater. In the event that ERO are at fault no administration charge shall be made.

6.11 Subscriptions do not renew automatically. However, ERO will send renewal reminders to users having subscriptions of a week or longer.

6.12 Subscription rates are inclusive of Value Added Tax (VAT) where applicable.

6.13 Payments are to be made in pounds sterling. Users should be aware that credit and debit card companies may charge for conversion into other currencies.

6.14 Where a user has additional requirements when accessing images, subscriptions can be provided at a discount. The discount offer comprises an additional free subscription with the same length as an earlier purchased subscription.

Users must apply for the free subscription within one year of their payment, and must supply:
1) a description of the specific requirement(s) involved (e.g. sight impairment, dyslexia, learning disability) and of their impact on the user's ability to access the service;
2) formal evidence such as registration of sight impairment i.e. BD8 registration card or Certificate of Visual Impairment (CVI); dyslexia, cognitive or neurological assessment; or a copy of other disability related documentation e.g. Personal Independence Payment (PIP) or Disability Living Allowance (DLA). Users from outside the UK must supply equivalent local documentation.

7. Service

7.1 ERO shall endeavour to supply the services as advertised and to correct reported errors. However, ERO shall not be liable for any losses that may arise from inaccurate or incomplete data or as a result of service failure.

7.2 Where service failure is due to factors within ERO’s control, ERO will, upon request, seek to extend subscriptions by periods not less than the time lost. Such requests must be made in writing within one month of the service failure.

7.3 ERO does not undertake to offer genealogical, historical or technical advice to users. Users may make use of ERO’s standard enquiry service, which operates during limited hours and accepts enquiries via email to ero.enquiry@essex.gov.uk, by telephone on +44 (0)33301 32497, or by post to Essex Record Office, Wharf Road, Chelmsford CM2 6YT. However, users are not entitled to a service over and above that which is offered to non-subscription users. A paid research service is also available from ero.search@essex.gov.uk.

7.4 ERO may monitor individual users’ use of the service. ERO reserves the right to suspend, reduce or cancel the user’s subscription without compensation in the event of breach of these terms and conditions.

7.5 Comments can be addressed to the ERO as in 7.3 above. The ERO is part of Essex County Council, whose complaints procedure is available at www.essex.gov.uk/complaints

If you require a copy of these terms and conditions in the form of an email, or at a larger size, please contact ero.enquiry@essex.gov.uk

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