TERMS OF USE

Definitions

www.magazinecafe.co.uk ("website") is owned and operated by Condé Nast and National Magazine Distributors Limited.

The terms "Magazine Café", "we", "us", "our" and "ours" when used in these Terms of Use means Condé Nast and National Magazine Distributors Limited which includes the company’s parents, subsidiaries, divisions, branches, affiliates or companies under common ownership or control of Condé Naste and National Magazine Distributors Limited.

The terms "you", "your" and "yours" when used in these Terms of Use means any user of this website.

Agreement

Access to and use of this website and the information, materials, products and services available through this website are subject to all applicable laws and regulations and to these Terms of Use.

By accessing this website, you agree to these Terms of Use which form a legally binding agreement. If you do not agree, please exit this website.

These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the website, and you should always review these Terms of Use prior to using the website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this website. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request.

ACCESS TO THIS WEB SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEB SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

Product & Services Information

All references on this website to information, materials, products and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated.

Ordering

All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.

The ‘confirmation’ stage at the checkout sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the products you have ordered. Please note that this email is not an order confirmation or order acceptance from Magazine Cafe.

Acceptance of your order and the completion of the contract between you and us will take place on despatch to you of the products ordered (and in the case of subscriptions, on despatch of each issue of the publication) unless we have notified you that we do not accept your order or you have cancelled it.

For certain titles, Magazine Café passes the order and your payment to the Publisher for fulfilment. In those cases, the order and payment will be acknowledged by Magazine Café and accepted and despatched (or rejected) by the Publisher and not Magazine Café. In the event of your order being rejected or not supplied for any reason by the Publisher, it will be for the Publisher, and not Magazine Café, to refund your payment.

We do not file details of your order for you to subsequently access via this website. Please print out these terms and conditions and the order acknowledgement for your own records.

Payment Details

When your order has been received, we shall carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds in order to fulfil the transaction. No payment is debited from your card until our check is complete. Your card will be charged when you place your order.

We do not store customer financial details.

Availability and Delivery of Magazines

The delivery times stated on the website are approximate and delays can sometimes occur. Estimated times are based on working days and do not take account of public holidays. We update our information on a regular basis, but it is possible that, in some instances, a title may become unavailable between updates. In such cases we shall endeavour to keep you informed of the progress of your order and advise you if it would be in your interest to cancel your order. We do not guarantee that the publisher will continue to make available the title you have ordered throughout the duration of your subscription and we shall not be liable in the event that a title ceases to be published. Any claims should be addressed to the publisher.

Restrictions

We reserve the right not to sell to trade customers for re-sale purposes and to refuse to supply to any individual or company.

Postage and Packaging

The postage and packaging charge is included in the prices confirmed at checkout.

Cancellations

If you wish to cancel an unwanted order, please contact our customer services team on (01895) 433722 or magazinecafe@comag.co.uk within 7 working days,. Requests for cancellation sent by e-mail in busy periods may not be actioned before your order is dispatched.

If we are unable to supply the magazine(s) we shall cancel your order.

Price Errors

If we discover an error in the price of the magazine you have ordered, we shall cancel the order and contact you to inform you of the error as soon as possible. We shall give you the opportunity to re-order the magazine at the correct price, subject to availability. If we are unable to contact you, the order will remain cancelled.

Returns

Magazines are not returnable unless they have been supplied incorrectly.

Ownership

Unless otherwise indicated, this website and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of Magazine Café or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. ALL RIGHTS RESERVED.

The posting of any such elements on this website does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through this website. Except as otherwise provided herein, none of the these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this website for personal use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms of Use.

Trademarks

Magazine Café logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this website, unless otherwise noted, are service marks, trademarks and/or trade dress of Magazine Café (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the website are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

Hyperlink Disclaimer

This website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-Magazine Café website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.

We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.

Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

Links from other websites

Any link to this website without our written permission is prohibited. Persons providing access to this website via link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning Magazine Café.

Authorisation by us to link to this website is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to this website at any time and for any reason.

Anyone providing access to, or information relating to this website, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.

Data Protection Consent

By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy.

Any communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary. Upon the transmission of any personal information to us, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose.

Posting or transmitting of any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.

We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

Notwithstanding the foregoing, all personal data provided to us as a result of this website will be handled in accordance with our Privacy Policy.

Children’s Privacy Policy

The products and services offered on our web site are primarily directed at businesses and individual adults. However, a small number of products or hypertext links may be of interest to children.

It is not our policy to collect personally identifiable information from children under the age of 13 (a "Child") and we ask that they do not submit personally identifiable information to us. If we become aware a Child has submitted personally identifiable information to us, we shall immediately delete that information and will not use it or disclose it to third parties.

If you are a minor, you may use our services only if your parent or guardian indicates their consent by registering their personal details with us and accesses our web site on your behalf. If you are a parent or guardian of a minor who wishes to review any personally identifiable information submitted by the minor, please contact us at magazinecafe@comag.co.uk or 01895 433722. If the minor is a Child, we will act as we have already said. If the minor is not a Child, we will locate the personally identifiable information for you so that you can review it and we will change or delete the information if you request us to do so.

No Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS." WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY WEB SITE WITH WHICH IT IS LINKED. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

In particular:

1. Information may be incorrect or out of date;
2. You may not be able to access the web site or any materials on it when you want to;
3. The web site may not be compatible with your browser or computer configuration;

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE MAGAZINES WHICH YOU CAN ORDER THROUGH THIS WEBSITE, WHETHER AS REGARDS CONTENT AVAILABILITY OR OTHERWISE. AVAILABILITY AND CONTENT ARE THE SOLE RESPONSIBILITY OF THE PUBLISHERS.

It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, statements, opinions and other material on this website or any website with which it is linked.

Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

Exclusion of Liability

To the fullest extent permitted by applicable laws we, on behalf of our employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary.

Indemnity and Release

You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this website or any of the information, materials, products or services available through this website.

Modification and Discontinuation

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this website (or any portion thereof) and/or the information, materials, products and/or services available through this website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this website.

Entire Understanding

These Terms of Use contain the entire understanding between you and us with respect to this website and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Should any part of these terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms had been eliminated. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Law & Jurisdiction

These Terms of Use are made under English law and this website is operated from England. Access to, or use of, this website or information, materials, products and/or services on this website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this website. We make no representation that the information contained herein is appropriate or available for use in other locations outside England.

You agree that the courts of England shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of this website, and that the laws of England shall govern such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

Contacting us

If you have any questions regarding these Terms of Use or any other matter, you may contact us in by writing to us at Condé Nast and National Magazine Distributors Limited, Unit 3, Tavistock Road, West Drayton, UB7 7QE or e-mailing us at magazinecafe@comag.co.uk. Condé Nast and National Magazine Distributors Limited is registered in England with company registration number 1319853.

© Copyright 2003 Condé Nast and National Magazine Distributors Limited - all rights reserved. Reproduction of this website, in whole or in part, in any form or medium without express written permission from Magazine Café is prohibited.