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These terms and conditions set out the conditions relating to the sale of subscriptions online.
For the services you have indicated in any order form, submitted online, via telephone or any other means including letter or email. If you want to purchase a subscription for an organisation, such as for an institution, company or more than just one person, you must have indicated this when ordering. You should save a copy of these terms and conditions for your records. Any agreement to purchase a subscription is with the YourOutreach.com. YourOutreach.com or YO is working as a sole trader business under the rules of United Kingdom. YO's registered office is situated at Union Mill, Vernon Street, Bolton, BL1 2PT.
To contact us please either phone us on +44 (0) 7930 695611, or email via email@example.com
Types of subscriptions and what is included
1.1 Each service we offer has different subscription options and therefore you should check the type of access and period of subscription/access on the web page for that service which sets out its price and period of access.
1.2 Each subscription/access right is personal to the subscriber, and is a non exclusive, non transferable right of access from the date of contract, fully in accordance with our licence at Clause 6 below.
1.4 We reserve the full editorial control over our services and reserve the right to make changes, including but not limited to, our editorial approach, the right to remove certain content which may be or become contentious, complained about, unlawful, or which has not been complied in accordance with our requirements, and includes the look, feel and functionality of our services.
Placing an order and our acceptance
2.1 When placing an order and/or making a payment, the process will only be available in English.
2.2 When you request a subscription ( which includes renewals or subscriptions), this subscription will be for a period of 1 month. You are not entitled to cancel your subscription during that 1 month period. The 1 month will start in accordance with Clause 2.4 below. If you wish to cancel any subscription, you will have no contractual right to do so and as you are requesting access to a “periodical” there is no statutory right of cancellation. Should you renew any subscription, unless otherwise advised, this renewal and future renewals will be subject to these Subscription Terms and Conditions.
2.3 After indicating what kind of subscription/access you require, the price for your subscription will be as indicated on the website, via the telephone, email or letter (as applicable) and will be exclusive of any taxes (if applicable) however the appropriate rate of tax will be indicated prior to any contract being concluded. Any price quoted with be inclusive of UK/International delivery charges, unless expressly otherwise stated. When you do submit your request for an order ( which in writing or verbally) you are making an offer to purchase a subscription/access, which we may accept or decline.
2.4 Your payment will then be processed by us (or our agent if you are using an agent) and us or our agent will confirm if your payment is not validated. A binding contract comes into effect between us but this is conditional upon these Subscription Terms and Conditions applying. If accepted, delivery will be made to you as specified above.
2.5 Subscriptions/access rights are supplied subject to availability. In the event that we are unable to supply any subscriptions/access rights for the agreed term, we will inform you as soon as possible and provide you with a pro rata refund in the event that you have paid for a period for which we cannot comply. To the fullest extent permitted by law, we will not however be liable for any other direct or indirect losses, nor any losses (as set out in Clause 5), caused as a result of not being able to supply you with the subscriptions for all or any of the periods subscribed to. This does not affect your statutory rights.
Your account details
If your request for a subscription/access rights is accepted, you will be responsible for maintaining confidentiality of your online account and password, restricting access to your computer and/or preventing unauthorised access to your account. You agree to take responsibility for all activities that occur under your account or password. If you believe that your account or password is being or is about to be used by anyone else you should inform us immediately via firstname.lastname@example.org
Prices and payments
4.1 Unless you have purchased your subscription via an agent, the price that you pay for your subscription/access rights should be the standard pricing as indicated on the website, email or via the phone (as applicable) which will depend on your billing/invoice address. These prices are valid for purchases made during the calendar year which the purchase relates to. You will be charged in the currency as indicated via the website, email or via the phone which, if not the country of your bank account, will be converted by your bank into the currency of your bank account, when processed. We are not responsible for any additional charges your bank may apply.
4.2 Whilst we try to ensure that all prices we display and quote are accurate, errors may occur. If we discover any error in the prices of the subscriptions you have ordered and this is greater than what you have paid, we will inform you as soon as possible and give you the option of recommencing your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel for this reason and we have already processed your payment, you will receive a full refund.
4.3 We usually only accept payment via paypal and once submitted these are processed by our contractors. If however you wish to fax your payment details to us, or discuss other methods of payment, please contact email@example.com
Licence and acceptable and prohibited use of our content and website(s)
5.1 Institutional customers subscribing to any online or mobile material via this site will be governed by our institutional user licence. No subscriptions may be purchased by an individual at the individual prices for an institution.
5.2 Downloading to screen, printing, or saving of small proportions of the online subscribed material for personal use is permissible. No commercial use of any part of YO is permitted without the prior, express written permission of YO . Systematic downloading is prohibited as is the creation of derivative works or other adaptation from the subscribed materials without YO ’s prior written consent. For the avoidance of doubt, framing of our websites or any part of them is not permitted, without our express written permission.
5.3 Subscribers must not allow online or mobile access to any YO subscribed material to third party who is not explicitly stated as the subscriber, the licence therefore is personal to the individual and cannot be transferred or sub licensed.
5.4 The content, layout, design, data, databases and graphics on our websites are protected by UK and other international intellectual property laws and are owned by YO and/or its licensor's. Unless expressly permitted in writing, or as otherwise permitted by virtue of the Website Terms and Conditions and other than printing a small proportion of content or displaying this on your screen (strictly for your personal non-commercial use), no part of the website may be reproduced, stored in any medium, including but not limited to a retrieval system or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting) nor shown in public.
5.5 YO ’s trademarks and logos which are displayed on any relevant website are the trademarks of YO and its Licensor's. Any use including framing, meta tags or other text utilising YO ’s trademarks or other trademarks displayed, is strictly prohibited without our (or our Licensor's) express written consent.
5.6 We will also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their rights including without limitation their intellectual property rights, reputational rights or of their right to privacy.
5.7 Any request for permission to use our content or images, or other use of our intellectual property not authorised under a subscription, should be made using the contact us details or permission request pages on the relevant website(s).
5.9 Our websites contain links including hyperlinks which may take you outside YO website. Links are provided for your convenience, and an inclusion of any link does not imply endorsement or approval by us of the linked website, its operator or content. We have no control over the contents or functionality of those sites and accept no responsibility for any loss or damages that may arise from your use of them. We are not responsible for any website outside YO website, and such websites use will be subject to relevant terms and conditions and privacy policies.
5.10 You may link to articles or the home page of the YO. You may not provide a link which suggests a form of association, approval or endorsement on our part, unless we have expressly agreed to this in writing. We reserve the right to withdraw any linking permission upon notice to you or by amending these terms and conditions.
Disclaimers and limitations of liability
or reference to a product or publication does not imply endorsement of that product or publication, unless it is owned by YO and in which case it is subject to the disclaimers limitations of liability herein and within any licence or other agreement with you the latter of which shall prevail in the event of a conflict. To the fullest extent permitted by law, the material and information displayed on our websites is provided “as is” without any guarantees, conditions or warranties as to accuracy.
We try and ensure our websites are available for use 24 hours per day, 7 days per week other than for a small period for scheduled down time, however we do not warrant that at other time our websites will be available. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds should our sites become unavailable or access to a site becomes slow or incomplete due to system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the any of our websites inaccessible to you.
b) Additional product specific disclaimers
We rely on our authors of articles, contractors and third party data providers to confirm the accuracy of information and advertisements presented and to describe generally accepted practices and therefore we as the publisher and editors cannot warrant its accuracy. Readers should be aware that professionals in the field may have different opinions. Because of this fact and also because of regular advances in online marketing we strongly recommend that readers independently verify any information that they chose to rely upon. Ultimately it is the reader’s responsibility to make their own professional judgements. Opinions posted on our blog are those of the individuals posting them and not the views of YO.
6.1 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, YO EXPRESSLY EXCLUDES:i. ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY;ii. ANY LIABILITY CAUSED BY A FORCE MAJEURE EVENT;iii. ANY OBLIGATION OF EFFECTIVENESS OR ACCURACY; ANDiv. OTHER THAN AS SET OUT BELOW, ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU IN CONNECTION WITH THIS AGREEMENT, INCLUDING BY YOUR USE OR INABILITY TO USE ANY INFORMATION ON OUR WEBSITE OR WITHIN ANY PUBLICATION SUBSCRIBED TO, VIA ANY WEBSITES LINKED TO OUR WEBSITE(S) AND ANY MATERIAL POSTED ON IT, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED TIME AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWSOEVER AND WHETHER CAUSED BY TORT INCLUDING NEGLIGENCE, BY BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
NOTHING IN THIS PROVISION AFFECTS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE NOR FOR LIABILITY FOR FRAUDULENT MISREPRESENTATION OR MISREPRESENTATION AS TO A FUNDAMENTAL MATTER NOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW. THESE PROVISIONS DO NOT AFFECT ANY APPLICABLE STATUTORY RIGHTS. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND US), WE SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THREE TIMES THE FEES YOU HAVE PAID TO US. YOU AND YO AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE OUR SUBSCRIPTION.
Alteration of service or amendments to the conditions
We reserve the right to make changes to our website, policies, and these terms and conditions at any time. You will be subject to the general policies and conditions in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and the closest enforceable substitute (if possible) will be included and the excluded clause will not affect the validity and enforceability of any remaining conditions.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control including reasons of Force Majeure which shall include any default due to an act of God, war, or threatened war, act of terrorism or threatened act of terrorism, strike, lockout, industrial action, health epidemic or pandemic, fire, flood, drought, tempest or other event beyond the control of either party. This condition does not affect your statutory rights.
Waiver, privacy and third party rights exclusion
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Third Party Rights Exclusion
No party, who is not party to any contract which may be entered into by us, may enforce the terms of that contract and therefore we hereby exclude the operation of the Contracts (Rights of Third Parties) Act 1999.
Governing law and jurisdiction
To the fullest extent permitted by law, this Agreement will be governed by the laws of England and shall be governed and construed in accordance with the laws of England whose courts shall have exclusive jurisdiction, unless as at the date of formation of this Agreement either i) an English judgement could not be enforced in the Subscriber's stated country location; or ii) it would take six months or more for YO to enforce an English judgement in the subscriber’s stated country location, then it is hereby agreed that this Agreement shall be governed by the laws of the subscriber’s stated country (or state if applicable) and their courts shall have jurisdiction. Notwithstanding any of the above, this clause is governed by the laws of England.
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