REAL HOMES MAGAZINE TERMS AND CONDITIONS – INDIVIDUAL SUBSCRIPTION
These Terms set out the terms and conditions of your subscription for Content.
1. DEFINITIONS AND INTERPRETATION
1.1 The following definitions apply to these Terms:
“Affiliates” means any entity that directly or indirectly Controls, is Controlled by, or is under common Control with us;
“Content” means the publications, articles, materials, documents, data, research, reports and/or other information that is provided to subscribers by us or one or more of our Affiliates, in print copy or in electronic format as applicable;
“Control” means, in respect of any corporate entity, the beneficial ownership of more than 50% of the issued share capital of that entity or the legal power to direct or cause the direction of the general management of that entity, and Controls and Controlled shall be construed accordingly;
“Data Protection Legislation” means the Data Protection Act 1998, the EU Data Protection Directive 95/46/EC, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and all applicable laws and regulations relating to processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner, as they may be amended and updated from time to time;
“Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks;
“Intellectual Property Rights” means any and all present and future, patents, inventions, know-how, trade secrets and other confidential information, trademarks, service marks, logos, emblems, badges, mascots, insignia, identifying music and sounds, get-up, domain names, business names, trade names, moral rights, performance rights, registered designs, copyrights, database rights, the sui generis rights of extraction relating to databases, design rights and other intellectual property rights of whatever nature, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world;
“Order” means an order for Content placed by you with us in accordance with these Terms (and “Ordered” shall be construed accordingly);
“Personal Data” has the meaning given to it in the Data Protection Legislation;
“Subscription” means your subscription for Content which is subject to these Terms and which is formed in accordance with clause 2 (and “Subscribe” shall be construed accordingly);
“Terms” means these subscription terms and conditions, which apply to your Subscription;
“you” means you, the individual user (who is not acting in the course of a business) who has placed an Order for themselves.
“we” means Future Publishing Limited, a company registered in England and Wales with company number 2008885 whose registered office is at Quay House, The Ambury, Bath BA1 1UA; and
“Website” means our website at www.realhomes.co.uk
1.2 The clause headings in these Terms are included for convenience only and shall not affect the interpretation of these Terms.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns.
1.4 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.5 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular and a reference to one gender shall include a reference to the other genders.
1.6 A reference to any party shall include that party’s personal representatives, successors and permitted assigns.
1.7 A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and a reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
1.8 A reference to these Terms or to any other terms, agreements or documents referred to in these Terms is a reference to these Terms or such other agreement or document as varied (in accordance with clause 7) or novated (in each case, other than in breach of the provisions of these Terms) from time to time.
1.9 References to clauses are to the clauses of these Terms.
1.10 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2. ORDERS AND FORMING YOUR SUBSCRIPTION
2.1 To place an Order, follow the instructions set out on the Website. During this process you will be able to check and amend any errors before submitting your Order to us.
2.2 Your Order for Content is an offer by you to enter into a Subscription with us. We will notify you by email if we accept your offer at which point a contract will be formed between us in respect of your Subscription.
3. PROVIDING CONTENT
3.1 Following conclusion of your Order in accordance with clause 2, we shall supply you with the Content. The amount and type of Content we supply you with and the duration for which we will supply it is set out in the Order.
3.2 Where we say that we will provide you with the Content, or with access to the Content, this means that we will provide you with the relevant type of access for the Content, as specified in your Order. For example, where your Order is for print copy Content only, a reference to us providing you with Content is a reference to us delivering print copy Content to you, and where your Order is for a mixture of print copy and digital Content, a reference to us providing you with the Content is a reference to us delivering print copy Content in relation to the print copy part of that Order and a reference to us making available digital Content through the internet in relation to the digital part of that Order.
3.3 Where the Content consists (solely or partly) of digital Content, we grant you a limited, non-exclusive, non-transferable licence to use the Content for the duration of these Terms in accordance with these Terms; and
3.4 We will carry out our obligation to provide you with Content with reasonable skill and care.
3.5 We shall endeavour to provide constant, uninterrupted access to the Website and the Content, but we cannot and do not guarantee to do so. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. You are responsible for making all arrangements necessary for you to have access to our Website.
3.6 If the Website is unavailable for a continuous period of 14 days, you may terminate your Subscription immediately by giving written notice to us. If you exercise this right, our sole liability to you shall be to refund you, on a pro rata basis, the charges paid by you for the portion of your Subscription remaining after the date on which the Website ceased to be available.
4. YOUR CONTENT OBLIGATIONS
4.1 You agree to only access, use, reproduce, modify, download, print or otherwise make available the Content for private, non-commercial use.
4.2 You agree that you:
4.2.1 shall not use the Content to develop or provide, directly or indirectly, any product or service that competes with our business or any of our Affiliates’ businesses;
4.2.2 shall not use the Contents in any way which might infringe any third party rights, including third party Intellectual Property Rights;
4.2.3 shall not, to the extent the Content contains Personal Data, share that Personal Data with any third party or use the Personal Data other than for purposes for which the Content is expressly provided;
4.2.4 shall, to the extent the Content contains Personal Data, comply with any obligations you may have under Data Protection Legislation;
4.2.5 shall not use the Contents in any way that is contrary to applicable law; and
4.2.6 shall not modify, decompile or reverse engineer any software supplied as part of the Content.
4.3 You shall set up a user name and password on the Website to access the Contents. You shall not share your/their user name(s) and password(s) with anybody.
5. CHARGES AND PAYMENT
5.1 The charges for your Content will be set out in your Order. In addition to our charges for your Subscription, where you Subscribe for digital Content, you are responsible for paying any internet connection or other telecommunication charges payable for accessing the Content.
5.2 The charges include any applicable value added tax (VAT) or other sales tax. Where your Order includes print copy Content, the charges also include delivery costs.
5.3 If the price we state to you for your Order is clearly incorrect then we are not obliged to provide you with a Subscription at that price even if we have accepted your Order. If we notify you of a pricing error, you may continue your Subscription at the correct price or cancel your Subscription without any obligation to us and we shall refund you any monies that you have paid to us in respect of that Subscription.
5.4 We have the right to make changes to the charges from time to time. If these changes result in an increase in the charges payable by you, we shall inform you in advance of the change. If you do not agree to pay the increased charges, you may terminate your Subscription in accordance with clause 9.
5.5 We may give you the option to pay the charges on, usually, either a monthly or an annual basis. Any such options and any other options for payment will be specified in your Order.
5.6 You shall pay the charges by credit or debit card, direct debit or by invoice, as applicable to your Order (the “Payment Methods“).
5.7 If your Payment Method is a credit or debit card, you authorise us to take payments from the credit or debit card chosen by you on a recurring monthly or annual basis as applicable, for the duration of your Subscription.
5.8 If your Payment Method is invoice, we shall be entitled to issue an invoice to you for the charges on a monthly or annual basis as applicable and you shall pay each invoice submitted by us:
5.8.1 immediately upon receipt of the invoice; and
5.8.2 in full and cleared funds to the bank account nominated by us on the invoice.
5.9 Please note that if you have any queries or complaints in respect of an invoice, such queries or complaints must be notified to our Finance Department in writing within 14 days of the date of such invoice.
5.10 You shall pay all amounts due under these Terms in full without any deduction or withholding except as required or permitted by law. We may, without limiting its other rights or remedies, set off any amount owing to us by you against any amount payable by us to you.
5.11 From time to time, we may inform you of special offers in relation to Content on the Website or by email (the “Offers”). Offers may have minimum subscription terms, payment terms, termination terms or other terms which are different to the equivalent provisions set out in these Terms (the “Offer-specific Terms”).
5.12 Where an Offer applies to your Order, the Offer-specific Terms applicable to that Offer will apply to your Subscription to the exclusion of the equivalent provisions in these Terms. Any Offer-specific Terms will be stated on the Offer and set out in your Order.
6. CANCELLATION AND REFUND
This clause 6 relates to your rights to cancel your Subscription and receive a refund. You can obtain advice about your right to cancel your Subscription from your local Citizens’ Advice Bureau or Trading Standards Office.
6.1 If your Subscription consists of print copy Content only, then under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”) you have the right to cancel your Subscription, for any reason, within 14 days of the date of your Subscription.
6.2 If your Subscription consists of digital Content only, by placing your Order:
6.2.1 you expressly agree that we may begin to provide you with the Content immediately upon accepting your Order; and
6.2.2 you expressly acknowledge and agree that as a result of your agreement that we can provide the Content to you immediately, your right to cancel your Order under the Regulations will be lost.
6.3 If your Order is for a mixture of print copy Content and digital Content, then clause 6.1 shall apply in respect of the print copy Content under your Order and clause 6.2 shall apply in respect of digital Content under your Order.
6.4 If you wish to exercise your right to cancel in accordance with clause 6.1, you must contact us to let us know that you are doing so. The best way to do this is to email us at email@example.com or to complete the cancellation form on the Website www.realhomesmagazine.co.uk/subs-cancellation.
6.5 If you exercise your right of cancellation in accordance with clause 6.1, we will reimburse to you all payments received from you for your Subscription, less a pro-rated amount for the period of your subscription prior to the date on which you notified us that you would like to cancel your Subscription.
6.6 We will make this reimbursement no later than 14 days after the day on which we are informed about your decision to cancel your Subscription. We will make the reimbursement using the same means of payment you use to pay for your Subscription, unless you expressly agree otherwise.
7. OUR RIGHT TO VARY THESE TERMS
7.1 We may revise these Terms from time to time. Each time you place an Order for Content, the Terms in force at the time you place your Order will apply to the subscription formed by that Order.
7.2 We may revise these Terms as they apply to your Subscription from time to time to reflect changes in relevant laws and regulatory requirements.
7.3 If we have to revise these Terms as they apply to your Subscription, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel your Subscription if you are not happy with the changes.
8.1 If your Subscription consists of print copy Content, the Content will be delivered to you periodically as described in your Order.
8.2 Any delivery dates provided are estimates only. Delivery services are provided by a third party, not by us, and, as set out in clause 12.3, we will not be liable for any delay in delivering your Content caused by our delivery services provider(s).
9. TERM AND TERMINATION
9.1 Subject to clause 9.2, your Subscription will last for a period of 12 months (the “Initial Term“). If your subscription is paid for by direct debit, your subscription will automatically renew at the end of the Initial Term for a further period of 12 months (the “Renewal Term“) and shall continue to renew for successive 12 month periods at the end of each Renewal Term unless you notify us before the end of the Initial Term or the relevant Renewal Term (as applicable) that you would like to cancel your Subscription.
9.2 We may cancel your Subscription at any time by giving you at least 90 days’ notice in writing. If we exercise this right, we shall refund you, on a pro rata basis, the charges paid by you that are for the portion of your Subscription remaining after termination of your Subscription occurs.
9.3 We may, at our option, suspend access to digital Content, suspend delivery of print copy Content or terminate your Subscription at any time with immediate effect by giving writing notice to you if:
9.3.1 you fail to pay any amount due under these Terms on the Due Date for payment;
9.3.2 you otherwise breach these Terms; or
9.3.3 we reasonably believe that your use of the Content is infringing or is likely to infringe any third party rights.
10. CONSEQUENCES OF TERMINATION
10.1 On expiry or termination of your Subscription for any reason:
10.1.1 you shall immediately pay to us all outstanding unpaid charges;
10.1.2 your access to digital Content will be revoked; and
10.1.3 the licence granted in clause 3.3.1 will cease.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 We, or our content providers, are the owners or licence holders of the Intellectual Property Rights in the Content. Subject to clause 3.3, you acknowledge and agree that nothing in these Terms or in an Order shall be construed so as to transfer any Intellectual Property Rights in the Content to you.
11.2 Digital Content may contain links to third party websites. You are responsible for deciding whether to access a third party website and your use of third party websites will be governed by the terms of that third party website. We have no responsibility for any aspect of third party websites.
12. LIMITATION OF LIABILITY
12.1 The Content is provided to you for general information purposes only and does not address individual requirements. It is not intended to amount to advice, recommendations, representations or endorsements on which you should rely. You should obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of any Content.
12.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into these Terms.
12.3 We do not exclude or limit our liability for:
12.3.1 death or personal injury caused by our negligence;
12.3.2 fraud or fraudulent misrepresentation;
12.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
12.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples).
12.4 This clause 12 shall survive termination or expiry of these Terms.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of,any of our obligations under these Terms that is caused by an Event Outside Our Control.
13.2 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
13.2.1 we will attempt to contact you as soon as reasonably possible to notify you; and
13.2.2 our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside our Control.
13.3 Either party may terminate the contract if an Event Outside Our Control affects the performance of our obligations under these Terms for 60 days. If we exercise this right of termination, we shall refund you in accordance with clause 9.2.
14. COMMUNICATIONS BETWEEN US
14.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
14.2 You may contact us by telephoning our customer service team at 01527 834435 or by emailing us at firstname.lastname@example.org
15.1 We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
15.3 These Terms are made between you and us, but are also made for the benefit of |Future Affiliates. It is intended that all Future Affiliates may enforce the benefits conferred on it under these Terms in accordance with the terms of the Contracts (Rights of Third Parties) Act 1999. Apart from Future Affiliates, no other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
15.4 Each of the provisions and part-provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provision, or part-provision as applicable, will remain in full force and effect.
15.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.6 Please note that these Terms are governed by English law. This means that any dispute or claim arising out of or in connection with these Terms or your Subscription will be governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
15.7 We shall comply with our anti-bribery and anti-corruption policies (available to you on request) as updated from time to time.