Last updated: 5th August 2021.
These terms & conditions apply to your receipt of services that Haymarket and Haymarket brands make available. They are made up of four parts:
- Part 1 (“Web Terms & Conditions“) applies in respect of your use of a website that is operated by Haymarket.
- Part 2 (“Promotion Terms & Conditions“) applies in respect of prize promotions including free draws, prize promotion and instant win offers that are operated by Haymarket.
- Part 3 (“Subscription Terms & Conditions“) applies in respect of subscriptions to Haymarket titles.
- Part 4 (“General Terms & Conditions“) applies generally to the terms set out in Parts 1 – 3 (inclusive).
Please read the relevant section of these terms & conditions carefully. Unless otherwise stated, your agreement is with Haymarket Media Group Limited (“Haymarket” or “we/us” as applicable), a company registered in England with company no. 00267189 and its registered office at: Bridge House, 69 London Road, Twickenham, TW1 3SP.
PART 1: WEBSITE TERMS AND CONDITIONS OF USE
1.1. Subject to clause 1.2, this website and each website of a Haymarket brand, including app versions of such websites (in each case a “Website“) is operated by Haymarket, and your use of the Website is subject to these Web Terms & Conditions, which you are deemed to accept by using the Website. If you do not agree to these terms you must not use the Website.
1.2. Some Haymarket brands are operated by other entities within Haymarket’s group of companies. Where this is the case, your use of their websites and/or apps may be subject to different terms and conditions and/or your agreement in respect of the use of the relevant website and/or app (and related services) may be with an entity other than Haymarket. Please check the website that you are visiting for further details.
1.4. Haymarket reserves the right to vary these Web Terms & Conditions from time to time. Such variations become effective immediately upon the posting of the varied Web Terms & Conditions on the Website. By continuing to use the Website you will be deemed to accept such variations. You should therefore check the Website from time to time to review the latest Web Terms & Conditions. You may also print a copy of these Web Terms & Conditions for your records. These Web Terms & Conditions were last updated in August 2021.
1.5. Where indicated, additional terms shall apply:
1.5.1. to any purchases you make through the Website (see our Subscription Terms & Conditions here);
1.5.2. to any promotion that you enter through the Website (see our Promotion Terms & Conditions here); and
1.5.3. to any other services that you purchase and/or which are made available to you through the Website, such as bookings that you make through the Website or your purchase of advertising space on the Website.
2. Intellectual Property Rights
The copyright and all other rights in the material on the Website, including all information, music, images, photographs, videos and other content displayed on and/or made available through the Website (“Materials“) are owned by Haymarket or are licensed to Haymarket from the relevant owner or licensor of the rights. You may download a single copy of the Materials on a single computer for your own private use only. The Materials may be printed out for the sole purposes of enabling the person printing the Materials to retain a copy for their own personal records. No copying, distribution or other use of the Materials for any commercial or business purposes is permitted without our prior written consent. No photography, filming, broadcast, alteration or modification of the Materials is permitted without our prior written consent, except as may be reasonably necessary to use the Website in good faith. Your use of the Materials shall at all times be subject to you acknowledging our status (or that of any identified contributors) as the right-holder of the Materials. You must not use any Materials in any manner that may infringe any of our rights or the rights of a third party, or use the Materials in any way that may be illegal or breach these Web Terms & Conditions. All rights in Materials on the Website are reserved to Haymarket.
3. Acceptable and prohibited use
You agree not to use (including linking and/or uploading content to) the Website:
- to create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from the Website except where expressly permitted on the Website;
- to disseminate advertisements on the Website or use the Website for any other commercial purposes (which would include using the Website to promote or encourage the sale of your goods/services);
- to place links on the Website where those links take users to unlawful material or material that contravenes these Web Terms & Conditions;
- to transmit or re-circulate any material obtained from the Website to any third party except where expressly permitted on the Website;
- in such a way so as to remove the copyright or trade mark notice(s) from any copies of any material made in accordance with these Web Terms & Conditions;
- to disseminate any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation;
- to disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- to disseminate any material which is or may infringe the rights (including intellectual property rights) of any third party or be unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience or may restrict or inhibit the use of the Website by any person or which constitutes or encourages conduct that may be considered a criminal offence or give rise to civil liability in any country in the world;
- to disseminate any material which compromises the privacy or security of anyone other than yourself (in particular, you shall ensure that you have any and all necessary consents of any individual featured in any content giving permission for his/her image and/or voice to be used in accordance with the permissions that you grant to us in respect of your content);
- to disseminate any material which does or may bring Haymarket or any of its brands or subsidiaries into dispute or in any way damage their reputation;
- to disseminate any material where use of the material by Haymarket, or any third party licensed or permitted by Haymarket, will give rise to any third party claims; and/or
- to post link(s) that take users to material that contravenes any of the above restrictions.
4. User Generated Content
4.1. The pages of the Website where you are capable of posting content are provided for your private, non-commercial exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Website that is inconsistent with those stated purposes is strictly prohibited. By submitting any content to the Website, you:
4.1.1. grant Haymarket a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use such content and all material embodied therein in all media now known or hereafter invented for any purposes including, without limitation, to edit, copy, reproduce, translate, disclose, post and/or remove such content from the Website and hereby waive all of the moral rights that you have under Chapter IV of the Copyright, Design and Patents Act 1988 in respect of any material you post to the Website;
4.1.2. warrant to Haymarket that all such content complies with the provisions of Clause 3 of these Web Terms & Conditions (as applicable), and you agree to be liable to us and indemnify us in respect of any loss or damage that is suffered as a result your breach of this warranty;
4.1.3. acknowledge that Haymarket may require you to confirm the above rights and warranties and agree to do so within 7 days of any request from Haymarket; and
4.1.4. give Haymarket the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
4.2. Haymarket reserves the right (but not the obligation) at its sole discretion and at any time to refuse, review, edit, move or remove any content that is posted to, or available on, the Website without the need to give any reasons for doing so. However, Haymarket may decide not to review the materials that you or anyone else posts to the Website and, therefore, unless we are specifically notified of the nature of any item of content, you cannot assume that Haymarket is aware of it. If you object to the publication of any material placed on the Website please contact Haymarket using the contact details shown in our Privacy Notice and we will take whatever action we deem appropriate.
4.3. Haymarket accepts no responsibility for any statements, material or other submissions placed on the Website or our online forums by you or any third party, or for any loss or damage resulting from your breach of these Web Terms & Conditions. You are solely responsible for securing and backing up your content.
4.4. If you wish to complain about content uploaded by other users, please contact us by sending an email to firstname.lastname@example.org.
5. Use of Software
Copyright in any software that is made available to you by Haymarket via the Website or otherwise belongs to Haymarket or its licensors. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with it. Do not install or use any software unless you agree to such licence agreement.
6. Linking to the Websites
6.1. You may link to the Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Such linkage is also subject to the following conditions:
6.1.1. you do not replicate the pages of the Website;
6.1.2. you do not create a frame or any other browser or border environment around the Website;
6.1.3. you do not in any way imply any association, approval or endorsement by Haymarket (other than with its written consent), or misrepresent your relationship with Haymarket;
6.1.4. you do not use any logos or trade marks displayed on the Website without the express written permission of Haymarket;
6.1.5. you do not link from a website that is not owned by you;
6.1.6. your website does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations;
6.1.7. you agree that any link that you make to the Website is subject to the applicable acceptable and prohibited use terms set out in Clause 3 of these Web Terms & Conditions; and
6.2. You acknowledge that we reserve the right to withdraw linking permission by amending these Website Terms & Conditions. You agree to immediately remove any link that you have made to the Website on written request by Haymarket to you.
7. Trade Marks
7.1. As between you and Haymarket, all trade marks (whether registered or unregistered) and domain names, graphics, logos, designs, page headers and button icons used in connection with the Website are the intellectual property rights of Haymarket and neither they nor any confusingly similar versions may be used by you (including, but not limited to, as part of any trade mark and/or domain name) without the prior written consent of Haymarket (other than for the sole purpose of referring to Haymarket and its associated brands lawfully and in good faith). You shall not be entitled to use such trade marks or domain names, except where expressly permitted to do so by these Website Terms & Conditions.
8.1. To access certain parts of the Website, Haymarket may require you to register and provide certain information about yourself. Such registration shall be subject to specific terms of registration. Where you register you also agree to:
8.1.1. provide accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “Registration Data“); and
8.1.2. maintain and promptly update the Registration Data to keep it fully up to date.
8.2. Where you provide information (including sensitive financial or personal information) to Haymarket (whether directly through the Website or otherwise), you accept that no system or method of communication is 100% secure. Where sensitive financial information is provided to Haymarket, encryption software is used to attempt to prevent unauthorised access to this information.However, Haymarket does not accept any responsibility or liability for any damages (other than liability for death or physical injury arising out of the negligence of Haymarket or its officers, or any liabilities that cannot, as a matter of law, be excluded) arising from the misuse or loss of data or information submitted by you to Haymarket. The provision of personal information by you and use of it by Haymarket is subject to Haymarket’s Privacy Notice.
8.3. Where you register on the Website, you will be allocated a user name and password. These account details must be used solely by you; sharing your user name and password with any other person or making it available to multiple users on a network is strictly prohibited. Accordingly, you agree:
8.3.1. to maintain the confidentiality and security of your user name and password and be fully responsible for all use of the Website made using your user name and password, and that we shall be entitled to assume that any person logging into the Website using your username and password is either you or someone doing so with your permission;
8.3.2. to immediately notify Haymarket if you become aware of any unauthorised use of your username and password or any other breach of security by sending an appropriately worded email to the contact details shown in our Privacy Notice;
8.3.3. to ensure that you log out of your Website account at the end of each session; and
8.3.4. that, to the extent permitted by law, Haymarket shall not be liable for any losses, damages or costs arising from your failure to comply with these requirements.
8.4. By registering or subscribing you accept that we may monitor individuals site usage; this information will be used to ensure appropriate use of the site and to inform product offerings and development. Where such monitoring involves our processing of your Personal Data, such monitoring is subject to our Privacy Notice.
9.1. Whilst Haymarket endeavours to ensure that the Website is normally available 24 hours a day, due to the inherent nature of the Internet, errors, interruptions and delays may occur in the service at any time. Accordingly, the Website is provided on an “AS IS” and “AS AVAILABLE” basis without any warranties of any kind and we do not accept any liability arising from any interruption in availability. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any other reasonable cause. You acknowledge that we cannot guarantee that the Website will stay the same, be compatible with all or any hardware or software which you may use, or be available all the time or at any specific time.
9.2. You acknowledge that whilst Haymarket endeavours to ensure that information (including the Materials) on the Website and any related material provided to you by Haymarket, whether by email or otherwise (“Haymarket Materials“) is accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by Haymarket. You acknowledge that the information on the Website does not necessarily reflect the views and opinions of Haymarket or any of its brands and that the Haymarket Materials should not be relied upon by you in making (or refraining from making) any specific investment or other business or personal decisions and acknowledge that professional advice should be obtained before making any such decision.
9.3. You acknowledge that some of the content may be supplied by third parties and/or may be user generated and the accuracy and completeness of it will not have been checked by Haymarket. No liability shall be accepted by Haymarket for any inaccuracy or omission in the information provided on the Website or the Haymarket Materials.
9.4. All implied warranties in respect of the Website and/or the Haymarket Materials, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non infringement, compatibility, security and accuracy, are excluded from these Web Terms & Conditions to the extent that they may be excluded as a matter of law.
9.5. Haymarket will use reasonable endeavours to ensure that the Website and the Haymarket Materials do not contain or promulgate any viruses or other malicious code. However, you acknowledge that Haymarket cannot guarantee that the Website will be free from the same and it is recommended that you maintain adequate anti-virus and anti-malware software that can check for the presence of viruses and other malicious code. Haymarket excludes to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by viruses or other malicious code originating or contracted from the Website or the Haymarket Materials.
9.6. Haymarket will not be liable for any damages (including, without limitation, damages for loss of the profits) arising in contract, tort or otherwise from your use or inability to use the Website or any content or from any action taken (or refrained from being taken) as a result of using the Website or any content of it, including in respect of infringement of third party rights arising from your use of the content.
9.7. Links on the Website to third party websites are provided solely for your convenience. If you use these links, you leave the Website. Haymarket has not reviewed these third party websites and does not control and is not responsible for these websites or their content or availability. Haymarket therefore does not endorse or make any representations about them, or any material found on them, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk. Please note that Haymarket gives no warranty that links to third party sites on the Website shall be marked as such.
9.8. The Website may contain links to third party websites where you may purchase items. You acknowledge that when making a purchase from a third party website you enter into a contract with that third party at your own risk and Haymarket will bear no liability for that contract. Please note that third parties may operate such shopping sites with reference to the name of the Website, but that does not mean that Haymarket are responsible for their conduct or any contracts that you enter into with them.
9.9. The Website may from time to time contain advertising and sponsorship. Haymarket is not responsible for either the content of the material provided by such advertisers and sponsors or their compliance with voluntary or statutory codes or provisions. In particular, Haymarket can provide no warranty that it will not take advertisements or sponsorship from your competitors.
10. Suspension of access to the Website and User Indemnities
10.1. If, for any reason, Haymarket believes that you have not complied with any of these Web Terms & Conditions it may, at its sole discretion, suspend or cancel your access to all or some of the Website immediately and without giving you any advance notice.
10.2. Without prejudice to the provisions of Clause 10.1, to the extent that you are in breach of these Web Terms & Conditions, you agree to compensate Haymarket in respect of any claims, losses, expenses and/or liabilities (including legal fees) which arise from any use by you of the Website and/or the Haymarket Materials (or by a third party using your user name and password) including in particular (but not limited to) any statements, contributions or other content posted on the Website or any breach of Clause 3 of these Web Terms & Conditions.
11. General Terms
The General Terms & Conditions set out in Part 4 apply to these Web Terms & Conditions. In the event of any conflict or inconsistency between the General Terms & Conditions and these Web Terms & Conditions, the latter shall prevail.
PART 2: PROMOTION TERMS AND CONDITIONS
1. Promotion Terms & Conditions
1.1. Unless otherwise stated, these Promotion Terms & Conditions apply to all free to enter prize promotions and free prize draws (a “Promotion“) offered by Haymarket and/or offered via the relevant Website. Promotions may also be subject to additional terms and conditions and/or promotional materials of which we notify you (“Specific Promotion Terms“), which form a part of, and may override, these Promotion Terms & Conditions in respect of the relevant Promotion. Please read Specific Promotion Terms carefully. By entering a Promotion, you agree to be bound by the Promotion Terms & Conditions.
1.2. We may change any part of the Promotion Terms & Conditions at any time with immediate effect. If we make a material change, we will endeavour to notify you and provide you with the opportunity to withdraw from a Promotion that you have entered. By continuing with the Promotion, you are deemed to accept the varied Promotion Terms & Conditions.
1.3. All entrants to a Promotion must:
- be, at the date of entry, at least 18 years of age;
- resident in Great Britain or Northern Ireland;
- comply with any other age and/or eligibility requirements (for example only, the requirement to hold a valid passport, visa and/or driver’s licence where a prize includes travel outside the United Kingdom and/or car hire) that are set out in the Specific Promotion Terms,
1.4. Proof of age may be required before a prize-winner can claim a prize. The eligibility of any entrant is at the sole discretion of Haymarket.
1.5. Only one entry per person and per household is permitted. Spammers and automated entries are not permitted and will be automatically disqualified.
1.6. All entries must be made in accordance with the Promotion Terms & Conditions and must be received by Haymarket by the closing date. Entries made otherwise shall be invalid. Haymarket accepts no responsibility or liability for any lost, damaged or incomplete entries and all such entries will be deemed invalid. Proof of despatch shall not be proof of entry.
1.7. Haymarket and the promoter reserve the right at its sole discretion (without prior notice) to:
1.7.1. cancel the Promotion; and/or
1.7.2. substitute the prize for another prize of equal value.
1.8. It is not necessary to make a purchase to enter a Promotion unless otherwise stated in the Specific Promotion Terms.
1.10. We will aim to notify prize-winners in writing within 30 days of the applicable closing date (or such other timeframe as is indicated in the Specific Promotion Terms). If a prize-winner fails to claim the relevant prize within 14 days (or within a faster time-period if specified in the Specific Promotion Terms) of receipt of the notification, Haymarket shall be entitled to select an alternative prize-winner. In such circumstances, Haymarket shall use reasonable endeavours to notify the alternative prize winner within nine weeks of the closing date (or such other timeframe as is indicated in the Specific Promotion Terms).
1.11. Promotions may not be entered into by personnel of Haymarket (or Haymarket Affiliates, as defined the General Terms & Conditions), the relevant promoter, or third parties working on the Promotion on behalf of Haymarket or the promoter (including advertising agencies and sales promotion consultancies), or the immediate families of such personnel or anyone else connected with the creation and administration of the Promotion.
1.12. Haymarket’s decision in respect of Promotion winners is final and no correspondence will be entered into. Odds of winning a Promotion depend on the number of eligible entries received.
1.13. To the extent permitted by law, Haymarket will not accept responsibility for loss through technical fault, incomplete, illegible or other damaged Promotion entries. Proof of Promotion entry is not automatically proof of receipt.
1.14. Promotion winners will receive their prize within 6 weeks of notification unless otherwise specified in the Specific Promotion Terms. The terms and conditions of any third party supplier may apply and must be accepted and complied with by a Promotion winner to accept the prize.
1.15. Haymarket will not be liable if a prize does not reach a Promotion winner for any reason outside the control of Haymarket or if a prize is damaged during delivery.
1.16. When dates are specified they cannot be altered. Haymarket accepts no responsibility if you cannot redeem a prize due to it only being available for redemption on a particular date (e.g. prizes for holidays that may result in you needing to take time off from work).
1.17. Prizes are non-transferable, non-negotiable and no cash alternatives will be offered.
1.18. Depending on the nature of the prize, its use or enjoyment may be subject to further conditions or restrictions.
1.19. By entering the Promotion, you acknowledge that Haymarket may publish or make available to others your name and county of residence (if in the UK) in the event that you win a prize. If you object to our publication of such information, you must contact email@example.com prior to claiming your prize. If requested to do so, we may also share your personal information with the Advertising Standards Authority (or similar bodies in other jurisdictions), including where you have objected to the publication of your personal information.
1.20. Where relevant, all taxes, insurances, transfers, spending money and other expenses (including meals, personal expenses, upgrades etc.) relating to a prize are excluded and are the sole responsibility of the Promotion winner, unless otherwise specifically stated.
1.21. Other than for death or personal injury arising from the negligence of Haymarket, Haymarket hereby excludes (so far as is permitted by law) all liability for any loss, damage, cost and expense, whether direct or indirect, howsoever caused, in connection with any Promotion or any aspect of the prize.
1.22. The General Terms & Conditions set out in Part 4 apply to these Promotion Terms & Conditions. In the event of any conflict or inconsistency between the General Terms & Conditions and these Promotion Terms & Conditions, the latter shall prevail.
PART 3: SUBSCRIPTION TERMS & CONDITIONS
1. Subscription contact:
1.1. These Subscription Terms & Conditions apply in respect of subscriptions to Haymarket titles. When you click “Submit Order” to place your subscription order online, or post, email or telephone us with details of your order, you are making an offer to take out a subscription which, if accepted by us, will result in a binding contract being formed between you and Haymarket on the terms set out in these Subscription Terms & Conditions. If you are acting on behalf of a legal entity (e.g. a company or a partnership), you confirm that you are authorised to purchase the subscription and bind that legal entity to these Subscription Terms & Conditions and, where required, references in these Subscription Terms & Conditions to “you” shall be construed accordingly.
1.2. We may vary these Subscription Terms & Conditions at any time and with immediate effect. If we make a material change that is detrimental to you, we will endeavour to notify you and provide you with the opportunity to cancel your subscription. By continuing with your subscription, you are deemed to accept the varied Subscription Terms & Conditions.
1.3. If placing your order online, and paying by credit/ debit card, your credit/debit card will be debited when you click “Submit Order”. If placing your order via post, email or telephone you must provide your credit/ debit card details, bank transfer or direct debit details when you place your order.
1.4. After you have placed an order with us, you may see an online confirmation page (if you are placing an order online) and/or you will receive an email or letter acknowledging that your order has been received successfully and is being processed (“Order Confirmation“). The contract with us is formed on the date of the Order Confirmation, and your subscription will commence on the date of the Order Confirmation or any later date specified in the Order Confirmation (“Commencement Date“).
2. Right to refuse orders
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 or mistakes in the prices that have been advertised to you.
3. Multi-user subscriptions
3.1. When you order a multi-user subscription, you must provide a contact name, business name, telephone number, postal address and email address, together with credit card, debit card or purchase order details and authorisation to charge the payment to a card or to invoice you.
3.2. In order to fulfil your order for each user within a multi-user subscription, you must provide us with the requested details of each user, for example his/her name, telephone number and email address (for digital subscriptions), or their postal addresses (for print magazine subscriptions). If you are accepting these terms on behalf of a legal entity (e.g. a company or a partnership), you agree that the relevant legal entity has the lawful right to transfer personal data relating to the users to us. We shall process any personal data that you provide to us as an independent controller and in accordance with our Privacy Notice.
3.3. During the subscription term you may add additional users to a multi-user subscription for an additional fee, or replace an existing user with a different user, by telephoning corporate customer services on +44(0) 208 267 4524. New and/or replacement users will have access to the content to which they have subscribed for the remainder of the subscription term.
4. Individual user subscriptions
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 charge payment to you.
If you are contracting with us on behalf of a business, you acknowledge and accept that we have the right to use that business’s name for marketing and public relations purposes, unless you expressly notify us otherwise via email to firstname.lastname@example.org. Any publication of that business’s name will not be disparaging or otherwise adverse to the business.
6. Renewal and cancellation
6.1. To ensure that you have uninterrupted access to our content, your subscription contract shall automatically renew for a 12 month period commencing on each anniversary of the Commencement Date (each such date being the “Renewal Date” and the renewed term being the “Renewal Period“) unless we receive prior written notice of cancellation at least 30 days before the next Renewal Date. If you are a consumer you can opt-out from a future auto renewal when you place your order and at any time by sending email to the email address set out in your Order confirmation or otherwise to email@example.com.
6.2. We will remind you that your subscription is due to be renewed not less than 60 days prior to the relevant Renewal Date.
6.3. If you are a consumer you can also cancel your subscription, to take effect at any time after the first Renewal Date, by giving us at least 30 days’ notice to cancel your subscription via email to the email address set out in your Order confirmation or otherwise to firstname.lastname@example.org. Consumers who cancel their subscriptions during a Renewal Period will be issued with a pro-rata refund of any unused portion of annual subscription fees that have been charged in advance in respect of the Renewal Period, calculated from the effective date of termination.
6.4. We shall be entitled to increase the subscription fee with effect from each Renewal Date by an amount equal to the greater of: (a) 3%; and (b) an amount equal to the retail price index rate published by the Office for National Statistics in March of each year. We shall also be entitled to increase the subscription fee at any other time and by any other amount but, where we do so, we will give you at least 90 days’ prior written notice of any such price increase and you will have the right to terminate your subscription with immediate effect by emailing us, prior to the effective date of the price increase, at the email address set out in your Order Confirmation or otherwise at email@example.com, and supplying the information set out in clause 7.2 of these Subscription Terms & Conditions. Your continued use of the content shall constitute your acceptance of the increased subscription fee.
7. 30 Day Cooling-Off period
7.1. We want you to be sure that you have made the right decision to subscribe. Subject to clause 7.4, you may change your mind and cancel a subscription early for any reason within the 30 day period commencing on the Commencement Date (“Cooling-Off Period“).
7.2. If you want to exercise your early cancellation right, you must email us before the end of the Cooling-Off Period at the email address set out in your Order Confirmation or otherwise at firstname.lastname@example.org supplying your name, full postal address, post/zip code, unique subscription number, and the publication to which you have taken out a subscription. A failure to provide the relevant information may result in your subscription not being cancelled.
7.3. If you cancel your subscription during the Cooling-Off Period, we will refund the payments that you have made, less a pro-rated deduction for the period of use in which your subscription was available to you up until the date of cancellation.
7.4. If your subscription includes digital content, the Cooling-Off Period will end when you start downloading or streaming the digital content. If we deliver the digital content to you immediately, and you agreed to this when you place your order, you will not have the right to change your mind.
8. User Details
8.1. You shall, and shall ensure that your users shall, keep secure any passwords 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.
9. Contract Term, Cancellation and Refund Policy
9.1. Unless cancelled within the Cooling-Off Period or in accordance with any other term of these Subscription Terms & Conditions, all subscription contracts (including subscriptions which begin with introductory rates) are for a minimum term of 12 months (“Minimum Term“), commencing on the Commencement Date. Payment by monthly or quarterly instalments does not infer a monthly or quarterly subscription.
9.2. We will issue refunds in accordance with cancellations made during the Cooling-Off Period (see clause 7) and otherwise only in accordance with any other term of these Subscription Terms & Conditions. Unless agreed otherwise by us in writing, if you seek to cancel your subscription during the Minimum Term outside of the Cooling-Off Period, you will still owe the subscription fee for the Minimum Term (and/or for the remainder of any Renewal Period, if you are not a consumer) and for any notice period that applies to your cancellation (see clause 6 of these Subscription Terms & Conditions for details of notice periods that apply). Consumers shall be entitled to claim refunds for cancellations made after the Minimum Term (during any Renewal Period) in accordance with clause 6.
9.3. Where your subscription includes hard copies that are delivered to you, we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them. Your right to a refund will not include a right to receive a refund for delivery costs.
9.4. We may terminate your subscription immediately without a refund if you breach any of the terms in these Subscription Terms & Conditions.
10. Delivery of Digital Content & Printed Magazines
10.1. If applicable, we will deliver any printed content in your subscription to the address you supply to us when you place your order. Please notify us by sending an email to the email address set out in your Order Confirmation or otherwise to email@example.com if you change your address. We will not be liable to you for any non-delivery to you if you provide us with an incorrect address or fail to notify us of a change of address. We reserve the right to dispose of incorrectly addressed print content without an obligation to refund you or any other person 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. We may ask you to pay an additional delivery fee if redelivery is necessary due to a failure on your part to provide us with the correct address.
10.2. If applicable we will provide access to digital content through our website and/or apps using the email address you provide at the time of registration. We will not be liable to you for any interruption to access if you fail to notify us of a change of email address. 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, and such access shall be subject to our Web Terms & Conditions.
10.3. In the case of a multi-user Corporate subscription, it is the responsibility of the main contact at the end user company to notify Haymarket of any changes to contact details or subscribers across the entire account.
10.4. If you have purchased your subscription through a third party subscriptions agency, please contact the third party to update your details and ask them to confirm that they will contact us accordingly.
10.5. We reserve the right to change the frequency of content, or we may decide to change the format of content, for example from print form to digital form. We will endeavour to provide you with 90 days’ advance notice of such changes and, where such change is likely (in our reasonable opinion) to adversely affect you, you will have the right to terminate your subscription with immediate effect by emailing us, prior to the effective date of the change, to firstname.lastname@example.org and supplying the information set out in clause 7.2 of these Subscription Terms & Conditions. We also reserve the right to cease providing content at any time, in which case we may cancel your subscription early and issue you with a refund in respect of any amounts paid by you for content that you have not received.
11. Delay in Delivery & Non-Delivery
11.1. We will not be liable to you for any delay in delivery or non-delivery of any printed magazines or online issue(s) of your subscription in the following circumstances;
11.1.1. where the issuer of your payment card or cheque refuses to authorise payment to us, or you have not paid when you have been invoiced;
11.1.2. where such delay or failure is due to circumstances beyond our reasonable control (or the reasonable control of our sub-contractors and agents), including but not restricted to: sanctions being imposed on your country of residence; war; electricity power failure; utilities failure; failure of telecommunications links; failure of transport infrastructure; fire; flood; government acts; 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 dispatch 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 new subscribers or other classes of individual only and this will be stated on the offer.
12.2. If an offer is available, customers must clearly state/quote the relevant offer code at the time of ordering in order to be eligible for the offer. We accept no liability for your failure to state/quote the relevant offer code.
12.3. Offers may be subject to availability.
12.4. Where the offer has a closing date, we will not honour the relevant offer after the stated date.
13.1. All rights in any content provided to you in connection with your subscription are owned by Haymarket or our licensors. No part of any such content may be reproduced in any form without our prior written permission or as permitted by law. You may only use the content for your own requirements, including for your internal business purposes, but you shall not make our content available in any way to anyone outside your organisation.
13.2. We use reasonable endeavours to ensure that all information contained in subscription content is accurate and up-to-date at the time of publication but all warranties, conditions and terms implied under this contract or by statute or common law are excluded to the fullest extent permitted by law.
14. Data Protection
14.1. We will collect and use personal data that is supplied to us in connection with your subscription in accordance with applicable data protection legislation and our Privacy Notice. Please read this in conjunction with these Subscription Terms & Conditions. By placing an order, you acknowledge that you have read and understood our Privacy Notice.
15. General Terms
The General Terms & Conditions set out in Part 4 apply to these Subscription Terms & Conditions. In the event of any conflict or inconsistency between the General Terms & Conditions and these Subscription Terms & Conditions, the latter shall prevail.
PART 4: GENERAL TERMS AND CONDITIONS
1.1. The Web Terms & Conditions, Promotion Terms & Conditions or the Subscription Terms & Conditions (as applicable), together with these General Terms & Conditions (the “Terms & Conditions”) constitute the entire agreement between the parties in respect of their subject matter, and they take precedence over any other agreement or contract between the parties, including any terms and conditions you may have tried to impose on us.
1.2. Where you are notified that your agreement is with another company within Haymarket’s group of companies (“Haymarket Affiliate“), unless otherwise stated the Terms & Conditions shall apply as between you and the relevant Haymarket Affiliate (subject to any variations of which you are notified), and references in the Terms & Conditions to “Haymarket” should be interpreted as references to the relevant Haymarket Affiliate. In the event of any conflict or inconsistency between these Terms & Conditions and the terms and conditions of any Haymarket Affiliate, these Terms & Conditions shall prevail unless expressly stated otherwise.
2. Haymarket’s liability to you
2.1. This clause sets out the full extent of Haymarket’s liability in respect of the Terms & Conditions.
2.2. Haymarket will not be liable to you for any loss or damage caused by Haymarket or its employees or sub-contractors in circumstances:
2.2.1. where there is no breach of a legal duty of care owed to you by Haymarket (or its employees or sub-contractors); or
2.2.2. where such loss or damage is not a reasonably foreseeable result of any such breach; or 2.2.3. in respect of any increase in the loss or damage resulting from your actions.
2.3. Nothing in these Web Terms & Conditions shall exclude or limit Haymarket’s liability for:
2.3.1. death or personal injury caused by the negligence of Haymarket and/or its employees negligence; or
2.3.2. fraudulent misrepresentation by Haymarket and/or its employees;
2.3.3. any liability that cannot be excluded by law.
2.4. Where you do not contract as a consumer and to the extent permitted at law, you irrevocably and unconditionally waive any right or remedy you may have to claim damages and/or to rescind the Terms & Conditions by reason of any misrepresentation (other than a fraudulent misrepresentation) not contained in the Terms & Conditions.
2.5. Where you do not contract as a consumer and to the extent permitted at law, Haymarket shall not be liable, whether in contract, tort (including negligence) statutory duty or otherwise under, or in connection with, your subscription (if applicable) and/or the Terms & Conditions for (i) any loss of contract, business opportunity, revenue, profit, savings, goodwill, or data; (ii) any business interruption; or (iii) any indirect or consequential of any kind.
2.6. Subject to Clause 2.5, Haymarket’s maximum liability arising under or in connection with your subscription and/or the Subscription Terms & Conditions (whether arising in contract, tort (including negligence) statutory duty or otherwise) shall, in respect of each subscription and each Subscription Year, be limited to the sums paid for the relevant subscription in respect of the relevant Subscription Year. “Subscription Year” means the Initial Period or the relevant Renewal Period.
2.7. Unless and to the extent prohibited by applicable law, any other liability of Haymarket arising under or in connection with the Terms & Conditions (whether arising in contract, tort (including negligence) statutory duty or otherwise) shall be as follows:
2.7.1. in respect of services that are provided at no cost to you, including your use of the Website and any Promotion, Haymarket shall have no liability to you unless and to the extent that such an exclusion is prohibited by applicable law; and
2.7.2. in respect of services that are provided for fees payable by you to Haymarket, Haymarket’s maximum liability in respect of each calendar year shall be limited to an amount equivalent to the fees that were paid by you for the relevant services in respect of the relevant calendar year.
3. Governing Law
3.1. The Terms & Conditions shall be governed by, and construed in accordance with, English law and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of, under or in connection with them. Notwithstanding the foregoing, if you are a consumer and are a resident of Northern Ireland you may also bring proceedings in Northern Ireland and, if you are a consumer and a resident of Scotland, you may also bring proceedings in Scotland.
4.1. Headings used in the Terms & Conditions are for convenience only and will have no legal meaning or affect.
4.2. No delay or indulgence by Haymarket in enforcing the provisions of the Terms & Conditions shall affect Haymarket’s rights under them nor shall any waiver of Haymarket’s rights operate as a waiver of any subsequent breach.
4.3. No right, power or remedy conferred upon or reserved for Haymarket is exclusive of any other right, power or remedy available to Haymarket provided either under the Terms & Conditions or as a matter of law, and each such right, power or remedy shall be cumulative.
4.4. You may not assign, sub-license or otherwise transfer any of your rights or obligations under the Terms & Conditions.
4.5. If any provision of the Terms & Conditions is found to be invalid, the invalidity of that provision shall not affect the validity of the remaining provisions of the Terms & Conditions, which shall remain valid and enforceable.