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Subscriptions Terms and Conditions

April 2014

Thank you for choosing an OMG service to support you and your business. Please note your order will be subject to the terms and conditions below. These terms and conditions supersede all previous versions and apply to all existing subscriptions.

1. CONTRACTING PARTY

Your subscription contract will be fulfilled by Ocean Media Group Ltd (OMG) a company registered in England and Wales under registered number 01680420, and whose registered office is at One Canada Square, Canary Wharf, London, E14 5AP (“OMG”).

2. SUBSCRIPTION CONTRACT

2.1 When you are buying online and you click “Submit Order”, or you fax, 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.

2.2 If placing your order online, via telephone, email, fax or post you must provide your credit card or debit card details and authorisation to deduct payment, at the time you submit your order. Your credit/debit card will be debited when you click “Submit Order”.
Although you will see an online confirmation page and receive an email acknowledging that your order has been received successfully and is being processed, the contract between us is not formed at this point.

2.3 If placing your order for a multi-user corporate subscription via telephone, email, fax or post you must provide your credit card, debit card, or purchase order details and authorisation to deduct payment or invoice you, at the time you submit your order.

2.4 A legally binding contract is formed on the date we send you written confirmation of your initial order - either via email or post (the “Order Confirmation”). We will not be responsible if you fail to receive the written confirmation because you have supplied us with an incorrect email or postal address or if your payment cannot be processed.

2.5 We reserve the right not to accept or process your order for any reason. All orders are subject to validation checks and authorisation by your payment card issuer. Where we do not accept or process your order in accordance with this clause 2.5 we will notify you in writing and where your credit card or debit card has already been debited, we will refund your payment within 30 days of such notification.

2.6 We occasionally include new and renewing customers in our marketing communications. You acknowledge and accept that we have the right to use your company name as part of ongoing marketing and public relations. Such announcements shall not be disparaging or otherwise adverse to your business.

2.7 If we agree to invoice you rather than request payment on the placement of your order, the invoice will become due for payment 30 days from the date on the invoice. If no payment has been made after 30 days, we reserve the right to suspend the subscription service until we are in receipt of cleared funds. You will remain liable for the full amount on the invoice. You acknowledge and accept that we shall be entitled to charge interest on any outstanding balance owed to us accruing on a daily basis from the date that the invoice became due for payment.

2.8 All payments by Direct Debit are covered by the safeguards assured by the direct debit guarantee.

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

2.9 All payments by Credit Card are covered by Section 75 of the Consumer Credit Act.

When purchasing a subscription for yourself, you are protected by Section 75 of the Consumer Credit Act. Your credit card company is jointly and severally liable for any breach of contract or misrepresentation by OMG.

3. RIGHT TO REFUSE ORDERS

We reserve the right not to fulfill, and to cancel, orders if we are unable to obtain payment authorisation from the issuer of your payment card or cheque, or in the event of obvious inaccuracies in prices.

4. CANCELLATION

4.1 Once an order has been accepted, you are unable to cancel or amend it without the express written consent from OMG. Recipients within a corporate subscription may be transferred during the subscription period.

5. CONTRACT TERM & REFUND POLICY

5.1 All our subscription contracts are for a minimum 12 month period, including subscriptions which begin with introductory rates. Payment by monthly or quarterly installments does not infer a monthly or quarterly subscription.

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

6. DELIVERY OF ONLINE CONTENT AND PRINTED MAGAZINES

6.1 If applicable, we will deliver any printed magazines in your subscription to the address you supply to us when you place your order. Please notify us at subscriptions@insidehousing.co.uk if you change your address. We will not be liable to you for any non-delivery to you if you fail to notify us of a change of address. If applicable we will provide full daily access to website and or tablet content 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.

6.2 You agree that we will not be responsible for failure to deliver the magazines if you have supplied us with an incorrect address. We reserve the right to dispose of incorrectly addressed magazines and their contents 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.

6.3 In the case of a multi-user Corporate subscription, it is the responsibility the main contact at the end user company to notify OMG of any changes to contact details or subscribers across the entire account. These details will then be updated accordingly. You agree that your subscription covers named users within your organisation and user login details will not be shared with other individuals. You are able to purchase and add additional named users to your Corporate subscription at any time.

6.4 You have the right to transfer a user of a multi-user Corporate subscription as necessary, however partial cancellations or refunds are not applicable in accordance with clause 5.1.

6.4 If you have purchased your subscription through a third party subscriptions agency, please contact the third party to update your details and they will contact us accordingly.

7. DELAY IN DELIVERY AND NON-DELIVERY

7.1 We will not be liable to you for any delay in delivery or non-delivery of any printed magazines in your subscription in the following circumstances;

(i) 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;

(ii) 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, war, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees.

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

8. SUBSCRIPTION OFFERS

8.1 From time to time we will run subscription offers. These offers may be available to new subscribers only and this will be stated on the offer.

8.2 If an offer is available, customers must clearly state/quote the relevant priority 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 priority code.

8.3 Offers are subject to availability.

8.4 Where the offer has a closing date, we will not accept orders for the relevant offer after the stated date.

9. CONTENT

9.1 All rights in the content of any OMG websites and printed magazines are owned by us 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 in the course of your business.

9.2 We use reasonable endeavours to ensure that all information contained in printed magazines and on websites is accurate and up-to-date at the time of publication, but all warranties, conditions and terms implied by statute or common law are excluded to the fullest extent permitted by law.

10. LIABILITY

10.1 Subject to clause 10.2 we will not be liable (i) for any loss of profits, loss of revenue or loss of goodwill; nor (ii) for any indirect, special, economic and consequential damages, claims, losses, costs or expenses of any kind whether in contract, negligence or other tortious action arising out of or in connection with these terms and conditions, your subscription and our publication of any printed or online magazine; nor (iii) in excess of the total subscription fee payable by you in respect of the 12 months preceding the relevant claim.

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

11. GENERAL

11.1 We reserve the right to change these terms and conditions at any time by posting changes on the brand’s website or in the magazine. It is your responsibility to refer to these terms and conditions when accessing the brand’s website or the printed magazine.

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

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

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

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

12. GOVERNING LAW AND JURISDICTION

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

13. PRIVACY POLICY

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

13.2 Please refer to our Privacy Policy.

If you have any questions please contact our customer services team via email at subscriptions@insidehousing.co.uk

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For general enquiries you can contact Inside Housing at:

1 Canada Square, 21st Floor, Canary Wharf, London E14 5AP

Tel: 0207 772 8300
Fax: 020 7772 8590/91

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All rights reserved
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