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EMAP SUBSCRIPTION TERMS AND CONDITIONS

June 2014

Thank you for choosing EMAP to support you and your business. When you buy digital and/or printed magazine subscriptions content from EMAP, your purchase will be subject to the terms and conditions below.

1. Contracting Party

1.1 Your contract will be fulfilled by EMAP Publishing Limited a company registered in England and Wales under registered number 7880758, and whose registered office is at c/o Top Right Group, The Prow, 1 Wilder Walk, London, W1B 5AP (“EMAP”).


2. Multi-User Subscriptions

2.1 When you order a multi-user subscription you must provide a contact name, business name, telephone number, postal address and email address together with a credit or debit card, or purchase order details and authorisation to deduct payment or invoice you. You must sign your contract electronically through Echosign and we will notify you when your contract is available to sign. When we have received your signed contract we will send you written confirmation (your “Order Confirmation”), and a legally binding contract is formed on the date we do so. We will not be responsible if you do not receive the Order Confirmation because you have supplied us with an incorrect email or postal address.

2.2 In order to fulfil your order for each user within a multi-user subscription you must provide their name, telephone number and email address for digital subscriptions, and postal addresses for print magazine subscribers.

2.3 During your subscription term you may add new users to your multi-user subscription for an additional fee by telephoning corporate customer services on +44(0) 203 033 2649. New users will have access to our content for the remainder of your subscription term.


3. Individual user subscriptions

3.1 When you order an individual user subscription you must provide your name, email address, telephone number and postal address, together with credit or debit card details and authorisation to deduct payment.

3.3 If you are buying online your credit or debit card will be debited when you click Submit Order. Although you will see an online confirmation page and receive an email acknowledging that your order has been received and is being processed, the contract between us is not formed at this point. A legally binding contract is formed on the date we send you an Order Confirmation via email or post. We will not be responsible if you do not receive the Order Confirmation because you have supplied us with an incorrect email or postal address.


4. Processing Orders

4.1 We normally take payment on submission of an order. But, if we agree to invoice instead, the invoice will become due for payment 30 days from the date on the invoice. If no payment has been made after 30 days, we reserve the right to suspend the subscription service until we are in receipt of cleared funds. You will remain liable for the full amount on the invoice. You acknowledge and accept that we shall be entitled to charge interest on any outstanding balance owed to us accruing on a daily basis from the date that the invoice became due for payment.

4.2 We reserve the right not to accept or process your order for any reason. All orders are subject to validation checks and authorisation by your payment card issuer. Where we do not accept or process your order we will notify you in writing and where your credit card or debit card has already been debited, we will refund your payment within 30 days.

4.3 We reserve the right not to fulfil, and to cancel, orders if we are unable to obtain payment authorisation from the issuer of your payment card or cheque, or in the event of obvious inaccuracies in prices, or if sanctions are imposed on your country of residence or the country where you access or receive our content.

4.4 All payments by Direct Debit are covered by the safeguards assured by the direct debit guarantee. If there are any changes to the amount, date or frequency of your payment EMAP will notify you at least 10 working days in advance of your account being debited or as otherwise agreed. If you request EMAP to collect a payment, confirmation of the amount and date will be given to you at the time of the request. If an error is made in the payment of your Direct Debit by EMAP or your bank or building society you are entitled to a full and immediate refund of the amount paid from your bank or building society. If you receive a refund you are not entitled to, you must pay it back immediately on request when EMAP notifies you. You can cancel a Direct Debit at any time by contacting your bank or building society. Written confirmation may be required. Please also notify EMAP of your cancellation. Except as set out in these terms and conditions, your cancellation shall be without prejudice to your obligation to pay the subscription fee.


5. Marketing

5.1 We include all multi-user organisational customers in our customer success programme. You acknowledge and accept that we have the right to use your company name as part of on-going marketing and public relations for this programme. These announcements will not be disparaging or otherwise adverse to your business.


6. Renewal

6.1 To ensure people in your organisation have uninterrupted access to our content, your subscription contract shall automatically renew for 12 months on each anniversary of the Order Confirmation (“Renewal Date”) unless we receive prior notice of cancellation at least 60 days before the next Renewal Date.

6.2 Subject to Clause 4.4, we shall be entitled to increase the subscription fee by an amount equal to the then current Retail Prices Index with effect from each Renewal Date. We shall give you 90 days prior written notice of any other price increase.


7. 30 day money back guarantee

7.1 We want you to be sure that you have made the right decision to subscribe. You may cancel your contract by contacting us within 30 days of the date of the Order Confirmation.

7.2 To cancel a multi-user subscription, call +44(0) 203 033 2649. To cancel an individual user subscription, call +44 (0) 160 482 8705.

7.3 If you cancel your subscription within the 30 day period we will refund the price of all remaining weeks/unsent issues left in your subscription for which we have received payment.


8. User details

8.1 You shall, and shall ensure that your users shall keep secure their password used to access our digital content. You shall immediately notify us of any known or suspected unauthorised access to our digital content of which you are aware, or if any of your users shares their user email address and password with anyone. We reserve the right to suspend access to digital content if we suspect access details have been shared with a third party, pending investigation.

8.2 We agree to take appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data of your users and against accidental loss, destruction or damage to such personal data, where personal data has the meaning given to it in the Data Protection Act 1998.

9. Contract term and refund policy

9.1 Unless cancelled as set out above, all subscription contracts are for a minimum 12 month period, including subscriptions which begin with introductory rates. Payments by monthly or quarterly instalments do not infer a monthly or quarterly subscription.

9.2 Even if you cancel your subscription in accordance with Clause 6.1, we will issue refunds only in accordance with cancellations made under Clause 7.

9.3 We may terminate your subscription immediately without a refund if you breach any of these terms and conditions.


10. Delivery of digital content and printed magazines

10.1 We provide access to digital content through our websites, apps, or mobile sites using the email address/es you provide at the time of registration. We will use reasonable endeavours to provide reliable access to our digital content, but we do not undertake or warrant that access will be uninterrupted. From time to time, we may temporarily suspend all or part of the digital content for (a) emergency repair, maintenance or improvement without notice; and (b) scheduled support and maintenance on notice to you.

10.2 We deliver printed magazine content to the address/es you supply to us when you place your order. To notify us about a change of address for a multi-user organisation subscription, call +44(0) 203 033 2649. To notify us about a change of address for an individual user subscription, call +44 (0) 1604 828 705.

10.3 We are not responsible for non-delivery of printed magazine content if you have supplied us with an incorrect address or do not notify us of a change of address. We reserve the right to dispose of incorrectly addressed printed magazines and their contents without an obligation to refund you if they are returned to us and, despite reasonable efforts to contact you, we do not receive correct address details within 14 days of their return to us.

10.4 In the case of a multi-user subscription, it is the responsibility of the main contact at the subscriber organisation to notify us of any changes to contact details of users across the entire account.

10.5 If you have purchased your subscription through a third party agency, please contact the third party to update your details, and instruct them to contact us accordingly.


11. Delay in delivery and non-delivery

11.1 We will not be liable to you for any delay in delivery or non-delivery of your subscription in the following circumstances: (a) where your bank or the issuer of your payment card or cheque refuses to authorise payment to us; or you have not paid by the due date when you have been invoiced; (b) if sanctions are imposed on your country of residence or the country where you access or receive our content; and/or (c) where such delay or non-delivery is due to circumstances beyond our reasonable control (or the reasonable control of our sub-contractors and agents), including but not restricted to, war, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, failure of postal services, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees.

11.2 Our liability to you in the event of any printed magazines in your subscription being lost in despatch shall be limited to replacement of the missing issue(s).


12. Subscription offers

12.1 From time to time we will run subscription offers. These offers may be available to specific individuals or organisations only and this will be stated on the offer. If responding to an offer, clearly quote the relevant offer code at the time of ordering. We accept no liability and may not accept your order if you do not quote the relevant offer code.

12.2 Offers are subject to availability and orders must be placed before the offer closing date.


13. Content

13.1 All rights in the digital content and the content of printed magazines are owned by us or our licensors. You may use the content for your own requirements in the course of your business and you may disclose reasonable extracts of the content provided that EMAP is credited in all publications as the source of and owner of the copyright in the content.

13.2 We use reasonable endeavours to ensure that all content is accurate and up-to-date at the time of publication, but all warranties, conditions and terms implied by statute or common law are excluded to the fullest extent permitted by law.


14. LIMITATION OF LIABILITY

14.1 Subject to Clause 14.2 we are not liable, whether in contract, negligence or other tortious action or otherwise arising out of or in connection with these terms and conditions, your subscription and our publication of any digital content or printed magazines: (a) for any loss of profits, loss of data, loss of revenue or loss of goodwill; (b) for any indirect, special, economic and consequential damages, claims, losses, costs or expenses of any kind; or (c) in excess of the total subscription fee payable by you in respect of the 12 months preceding the relevant claim.

14.2 Our exclusions of liability shall not apply to (a) any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents; (b) fraud or fraudulent misrepresentation; and (c) any other liability which cannot be limited or excluded by applicable law.


15. Anti-bribery

15.1 You warrant that you shall: (a) comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010; (b) comply with such of our anti-bribery and anti-corruption policies as are notified to you from time to time; and (c) promptly report to us any request or demand for any undue financial or other advantage of any kind received by or on behalf of you in connection with the performance of these terms and conditions.

15.2 EMAP is part of an enlarged Group which pledges to trade legally and respect all laws including the Trade Sanctions imposed by EU and US Governments. We operate a Group Sanctions Policy which means that we cannot accept subscriptions from individuals or organisations based, residing or connected with a country or organisation subject to EU and/or US Government sanctions and EMAP reserves the right to refuse to accept such an order from any such persons or organisations.

15.3 Notwithstanding any other clause in this agreement, breach of this Clause 15 shall be deemed a material breach of these terms and conditions.


16. General

16.1 We reserve the right to change these terms and conditions at any time by posting changes on the brand’s website or in the printed magazine. It is your responsibility to refer to these terms and conditions when accessing the brand’s website or the printed magazine. For current subscribers, each change shall be effective on the start of the next Renewal Date and provided the change took place at least 90 days before the next Renewal Date.

16.2 These terms and conditions (together with any documents referred to herein or required to be entered into pursuant to these terms and conditions) contain the entire agreement and understanding between us and supersede all prior agreements, understandings or arrangements (both oral and written) relating to the subject matter of these terms and conditions and any such document.

16.3 You accept that communication with us may be electronic. We may contact you by e-mail or provide you with information by posting notices on the brand's website. You agree to this electronic means of communication and you acknowledge that all such communications that we provide to you electronically comply with any legal or contractual requirement that such communication be made in writing.

16.4 You acknowledge that in placing an order you have not relied on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person other than as expressly set out in these terms and conditions.

16.5 You may not assign, sub-license, sub-contract or otherwise transfer to any third party (including any group company) your rights and/or obligations under these terms. We may assign, sub-license, sub-contract or transfer our rights to any third party at any time.


17. Governing law and jurisdiction

17.1 These terms and conditions are governed by, and shall be interpreted in accordance with, the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.


18. Privacy policy

18.1 We use any personal and transactional information (e.g. name, address, e-mail address, telephone number, debit or credit card details) you supply to us in order to fulfil your subscription, and to contact you to keep you up to date with important information about your subscription.

18.2 Please refer to our Privacy Policy.


If you have any questions related to a multi-user subscription, call +44(0) 203 033 2649.

If you have any questions related to an individual user subscription, call +44(0) 1604 828 705.