Last updated: 12/06/2018
Last reviewed: 12/06/2018
1.1 This page sets out the terms and conditions (Terms) by which users (you, your) may use and access the website www.mslexia.co.uk (Site), whether as a guest or as a registered user; and the Terms that apply to the purchase of goods and/or services (Product/s).
1.2 Products can include but are not limited to: subscriptions, single issues, membership to our online member’s area (Mslexia Max), books, e-books, competition entries or classified adverts.
1.3 Please read these Terms carefully before you start to use the Site or purchase Products.
1.4 By using our Site, you indicate that you accept these Terms and that you agree to abide by them.
1.5 If you do not agree to these Terms, please refrain from using our Site and/or purchasing Products.
2. INFORMATION ABOUT US
2.1 This Site is owned and operated by Mslexia Publications Ltd., (we, our, us).
2.2 Mslexia Publications Ltd is registered in England and Wales under registration number 03374941 and our registered office is: 176, Portland Road, Jesmond, Newcastle upon Tyne NE2 1DJ.
2.3 Our principal place of business and our correspondence address is: 3 Ellison Terrace, Ellison Place, Newcastle upon Tyne NE1 8ST.
2.4 You can contact us by writing to the correspondence address above, by email firstname.lastname@example.org or by telephone +44 (0) 191 204 8860.
2.5 Our VAT number is GB 708774309.
3. COPYRIGHT AND EDITORIAL CONTROL
3.1 Copyright © Mslexia Publications Ltd
3.2 The copyright to all content of this Site is held either by Mslexia Publications Ltd or by the individual authors, and none of the material may be used elsewhere without written permission. For reprint enquiries, please contact us.
3.3 We reserve full editorial control over the content, the look, feel and functionality of our Products, Site and Services and reserve the right to make changes without notice, and at any time.
4. DATA PROTECTION
5. ACCESSING OUR SITE
5.1 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw, amend or restrict access to areas of our Site, or indeed the whole Site, at our discretion.
5.2 You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Site.
5.3 We will not be liable if, for any reason, our Site is unavailable at any time or for any period.
5.4 You may:
a) View pages from our Site in a web browser
b) Download pages from our Site for caching in a web browser
c) Print pages from our Site
d) Stream audio and video files from our Site
5.5 Except as expressly permitted by Section 5.4 or the other provisions of these Terms, you must not download any material from our Site or save any such material to your computer.
5.6 You must not edit or otherwise modify any material on our Site
5.7 Unless you own or control the relevant rights to the material, you must not:
a) Republish material from our Site (including republication on another Site or print publication)
b) Sell, rent or sub-licence material from our Site
c) Exploit material from our Site for commercial purpose
d) Redistribute material from our Site
6. ACCEPTABLE USE
6.1 You must not:
a) Use our Site in any way or take any action that causes, or may cause, damage to the Site or impairment of the performance, availability or accessibility of the Site
b) Use our Site in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
c) Use our Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, word, keystroke logger, rootkit or other malicious computer software
d) Conduct any systematic or automated data collection activities (including, but not limited to: scraping, data mining, data extract and data harvesting) on or in relation to our Site without our express written consent
e) Access or otherwise interact with our Site using any robot, spider or any other automated means
f) Violate the directs set out in the robot.txt file for our Site
g) Use data collected from our Site to contact individuals, companies or other persons or entities
6.2 You must ensure that all the information you supply to us through our Site, or in relation to our Site, is true, accurate, current, complete and is not misleading.
7. ONLINE ACCOUNTS
7.1 You may register for an account on our Site.
7.2 If you choose to register for an account, or you are provided with an account, username, password or any other piece of information as part of our security procedures, you must treat such information as confidential.
7.3 You must not disclose your username or password to any third party.
7.4 You must not allow any other person to use your account to access the Site.
7.5 You must not use another person’s account to access the Site.
7.6 You must not use your account to impersonate any other person.
7.7 You must notify us in writing immediately if you become aware of any disclosure of your password or unauthorised use of your account.
7.8 You are responsible for any activity on our Site arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such failure.
7.9 We have the right to disable any online account, user ID or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provision of these Terms.
7.10 The disabling of your online account will not affect any unfulfilled Product orders, with the exception of a Product, which permits access to our online members area (Mslexia Max).
8. RELIANCE ON INFORMATION POSTED
8.1 Comments which are posted on our Site by users of the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site.
9. OUR SITE CHANGES REGULARLY
9.1 We aim to update our Site regularly, and may change the content at any time. If the need arises we may suspend access to our Site, or close it indefinitely. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
10. ONLINE MEMBER’S AREA (MSLEXIA MAX)
10.1 By purchasing a Mslexia Max Subscription, or by upgrading your current Subscription to include access to Mslexia Max, you agree to be bound by Section 6, Section 7 and all other provisions of the Terms.
10.2 Your access to Mslexia Max will last for one year, from the date on which you purchased the product, unless stated differently.
10.3 You are responsible for any activity on your Mslexia Max account.
10.4 You must not
a) Post anything on Mslexia Max which violates copyright
b) Use nudity, profanity, or violent imagery in usernames or pictures
c) Use our Site for commercial purposes
d) Upload any material to our Site that will violate the Terms set out in Section 6
10.5 We have the unrestricted right to remove all content which we deem inappropriate or offensive.
10.6 We have the right to remove your access to Mslexia Max, and disable your account, at any time, if, in our opinion, you have failed to comply with any of the provisions of these Terms.
10.7 Where your Mslexia Max account has been disabled due to a breach of these Terms, you will not be entitled to a refund.
11. LIMITATIONS AND EXCLUSIONS OF LIABILITY
11.1 Nothing in these Terms excludes or limits our liability (if any) to you for:
- death or personal injury resulting from negligence;
- fraud or fraudulent misrepresentation
- any matter which it would be illegal for us to exclude or attempt to exclude our liability
11.2 The limitations and exclusions of liability set out in this section and/or elsewhere in a Contract under these Terms are:
a) Subject to Section 11.1; and
b) Govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.
11.3 To the extent that our Site and the information and services on our Site are provided free of charge (unless stated otherwise), we will not be held liable for any loss or damage of any nature
11.4 We will not be held liable to you in respect of any business losses, including but not limited to: loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill
11.5 We will not be liable to you in respect of any losses arising out of any Event Outside our Control (Section 1.7.0).
11.6 We will not be held liable to you in the respect of any loss or corruption of any data, database or software.
11.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
11.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Site or these Terms (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
12. BREACHES OF THESE TERMS
12.1 Without prejudice to our other rights under these Terms, if you breach these Terms, or if we reasonably suspect that you have breached these Terms we may take one or more of the following actions:
a) Send you one or more formal warnings;
b) Temporarily suspend your access to our Site;
c) Permanently prohibit you from accessing our Site;
d) Block computers using your IP address from accessing our Site;
e) Contact any or all your internet service providers and request that they block your access to our Site;
f) Commence legal action against you, whether for breach of contract or otherwise;
g) Suspend or delete your account on our Site.
12.2 Where we suspend or prohibit or block your access to our Site or a part of our Site, you must not take any actions to circumvent such suspension or prohibition or blocking (including but not limited to creating and/or using a different account).
13. VARIATION OF TERMS
13.1 We may revise the Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on to you.
13.2 Every time you place an order, the Terms in force at that time will apply to the Contract between us.
14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms
14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.3 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 and that will not mean that you do not have to comply with your 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.
15.1 If a provision of a contract under these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provisions of a contract under these Terms would be lawful or enforceable if part of it were deleted, that part would be deemed to be deleted, and the rest of the provisions will continue in effect.
16. THIRD PARTY RIGHTS
16.1 A person who is not a party to the Terms will have no right under the Contracts (Rights of Third Parties Act 1999) to enforce or rely upon any provision of them.
17. LINKS FROM OUR SITE
17.1 Where our Site contains links to other site(s) these links are provided for your information only. We have no control over the contents of those sites and resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
18. ENTIRE AGREEMENT
19. LAW AND JURISDICTION
19.1 A Contract under these Terms will be governed by and construed in accordance with English law
19.2 Any disputes relating to a Contract under these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.
SCHEDULE 1 – TERMS AND CONDITIONS OF SALE
THIS SCHEDULE FORMS PART OF THESE TERMS
This schedule sets out the Terms relating to the sale and supply of goods and/or services (Products) via our Site or by other methods, which include, but are not limited to: orders received by post, orders placed by telephone, orders placed in person, or orders received by email, and applies in conjunction with all other provisions of these Terms.
1.1.0 Products can include but are not limited to: subscriptions, single issues, membership to our online member’s area (Mslexia Max), books, e-books, competition entries or classified adverts.
1.1.1 All orders are subject to acceptance by us. We will confirm acceptance (or otherwise) of your order as soon as possible, either by email (if your order is placed online) or by telephone (if your order is placed over the telephone); this is a Confirmation. The contract between us (Contract) will only be formed once we confirm we have accepted your order.
1.1.2 All Products are offered for sale subject to availability. We can only guarantee availability whilst stocks last. If we are unable to supply you with a Product, we will inform you of this by letter, email, or telephone and we will not process your order. If you have already paid, we will refund your payment as soon as possible.
1.2.0 PRICES AND PAYMENT
1.2.1 The prices of Products are as listed on our Site.
1.2.2 UK VAT, where applicable, is included in the listed price.
1.2.3 We reserve the right to increase the price of any of our Products at any time. We will notify all Mslexia subscribers (Subscribers) of any price increase that affects them in relation to their subscription.
1.2.4 Whilst we try to ensure that all prices we display are accurate, errors may occur. If we discover an error in the price(s) of the Product(s) you have ordered we will inform you as soon as possible and give you the option of cancelling your order. If you have paid too much, we will refund any overpayment.
1.2.5 We accept payment via: direct debit, PayPal, credit / debit card and cheque.
1.2.6 For card payments which are made by telephone, we do not accept: Visa Electron, Maestro, or American Express.
1.2.7 Any card payment transactions made via our Site will be encrypted by our payment gateway providers PayPal and are not stored on our servers.
1.2.8 Bank details provided for the set-up of Direct Debits are transmitted via secure connections.
1.2.9 We will take reasonable care to keep your order details and payments secure, but, unless we are negligent, we will not be liable for any losses if an unauthorised third party obtains access to your information.
1.2.10 Payments for Products is in advance, unless explicitly stated.
1.3.1 Your order will usually be fulfilled within five-to-seven working days, or as stated at the time of ordering.
1.3.2 Delivery will be completed when the Products are delivered to the address you gave us in your order.
1.3.3 The Products will be your responsibility from completion of delivery.
1.3.4 You own the Products once we have received payment in full, including all applicable delivery charges.
1.3.5 If we have any problems with your order, we will contact you to let you know what is happening.
1.3.6 We will not be liable to you if we are prevented or delayed in preforming any of our obligations to you if you have failed to provide us with a correct delivery address or to notify us of any change of address.
These sections set out the conditions relating to all subscriptions (Subscriptions) via our Site or other methods, which include, but are not limited to: orders sent by post, orders placed over the phone or in person.
1.4.1 These Terms do not set out the conditions relating to the sale of Digital Subscriptions, which have been place via Exact Editions. By purchasing a Digital Subscription via Exact Editions you understand that you accept their Terms.
1.4.2 Mslexia is a quarterly magazine published on the 1st March, June, September and December annually unless stated otherwise.
1.4.3 A Subscription to Mslexia includes four issues.
1.4.4 To provide you with the best service, we offer multiple Subscription options. These options include, but are not limited to: a one-year only Subscription, an annually recurring PayPal Subscription and an annually recurring Direct Debit Subscription. There is the opportunity to include access to our online member’s area (Mslexia Max) within these subscriptions. Therefore you should check the type of access that is included in your Subscription, the payment method of your Subscription, and the period of your Subscription before placing your order.
1.4.5 All Subscriptions will be delivered to your nominated address.
1.4.6 It is your responsibility to ensure that your address is correct. We will not provide you with copies of Mslexia that you have not received, if you have failed to provide us with a correct delivery address, or to notify us of a change of address.
1.4.7 You can notify us of a change of address at any time. Contact us by letter, email, or phone.
1.4.8 We will make every effort to deliver each new issue to Subscribers as early as possible in publication week, but cannot be held responsible for postal or customs delays.
1.5.0 RECURRING SUBSCRIPTIONS
1.5.1 A Recurring Subscription is a Subscription which is purchased by Direct Debit or PayPal via our Site, or by other methods which include but are not limited to: orders sent by post, orders placed over the phone or in person.
1.5.2 A Recurring Subscription may include access to our online members area (Mslexia Max).
1.5.3 A Recurring Subscription may also refer to a recurring upgrade to Mslexia Max.
1.5.4 By purchasing a Recurring Subscription, you warrant that:
184.108.40.206 You are legally capable of entering into a binding contract
220.127.116.11 You are at least 18 years old
1.5.5 All Recurring Subscriptions are subject to acceptance by us. We will confirm acceptance (or otherwise) of your order as soon as possible, either by email or letter (this is your Confirmation). The Contract between us will only be formed once we confirm we have accepted your order.
1.5.6 The Confirmation sets out the date on which your Recurring Subscription will renew, so please read this Confirmation carefully.
1.5.7 Recurring Subscriptions will renew automatically each year until you cancel your Subscription.
1.6.0 CANCELLATION RIGHTS
1.6.1 If you are a consumer purchasing Products, you have a legal right to cancel your order under the Consumer Protection (Distance Selling) Regulations 2000 Act. Your legal right to cancel starts from the date of the Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period 14 days from the point of receiving the goods to inform us of a cancellation. You then have 14 days to return the goods once you have requested the cancellation. You will then receive a refund.
1.6.2 If you are a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in the clause of these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
1.6.3 However, this cancellation right does not apply in the case of:
- Personalised items and custom-made items
- Perishable items, e.g. frozen food or flowers
- Newspapers and magazines
- Unwrapped CDs, DVDs and computer software
1.6.4 You may cancel your Subscription at any time.
1.6.5 If you have a Recurring Subscription, you must notify us of this cancellation, either by post, email or telephone at least 14 days prior to your renewal date.
1.6.6 Failure to cancel your subscription in time will result in your subscription renewing for another year. This subscription will not be refunded.
1.6.7 If you cancel your subscription any magazine(s) that you are entitled to as part of your subscription, will be sent out to you when they are published.
1.7.0 DELAY OR FAILURE TO PERFORM
1.7.1 We will not be liable to you if we are prevented or delayed in performing any of our obligations to you if this is due to any cause beyond our reasonable control (Events Outside Our Control) including, but not limited to:
- An act of God, explosion, flood, fire or accident;
- War or civil disturbance;
- Strike, industrial action, stoppages of work or lockouts;
- Any form of government intervention;
- A third party act of omission;
- Failure by you to give us a correct email or delivery address or notify us of any change of address;
- Product lost in dispatch; and
- Failure of public or private telecommunications networks.
1.7.2 If this happens we will inform you as soon as is reasonably practicable. Our obligations under the Contract will be suspended for the duration of the Event Outside Our Control. If an Event Outside Our Control continues for more than 30 days either you or we will be free to cancel the Contract If so, we will give you a full refund of any payment we have received from you within 30 days of cancelation using the same method as you made payment.