Last updated: 16 April 2018
Section A: Introduction and Preliminary Terms
- Accessing and Using This Site
- Creating and Maintaining Your Account
Section B: Terms and Conditions for Direct Sales
- Creating Your Newspaper
- Publishers: Placing Orders and Making Contracts for Direct Sales
- Prices and Payment for Direct Sales
- Delivery — Direct Sales
- Our Warranties To You
- Exclusions and Limitations of Our Liability to You
Section C: General Terms and Conditions — Direct Sales and Site Visitors
- Our Content
- Publishers Content
- Intellectual Property
- Third Party Software
- General Promises, Liability and Disclaimer
- Written Communications
- Other Important Terms
- Changes to These Terms
- Copyright Complaints
- Termination of Your Registration
- General Complaints and Requests for Further Information
- Contact Us
A. Introduction and Preliminary Terms
This section contains information on our Site and describes the services we supply. 'Direct Sales' is the term we use to describe our service for printing bulk orders for Publishers which they will then distribute. This section also sets out the requirements for creating an account on our site.
1.1 Welcome to Newspaper Club located at www.newspaperclub.com ('Site'), which is owned and operated by Newspaper Club Limited ('we', 'the Company', 'Newspaper Club', 'our' or 'us', as applicable). For further information about us and our contact details, please go to the Contact Us section.
1.2 We make it easy for you to create and print newspapers. Through our 'Direct Sales' service, you can create your own newspaper which we'll then print and deliver to you.
1.3 These terms and conditions are organised into three sections. Those in Section B apply specifically to 'Direct Sales'. Those in Section A and Section C apply to all Site users, whether for 'Direct Sales' or to those just visiting ('Visitors').
1.4 You will see that each section of these Terms and Conditions begins with a 'highlight' text box which summarises the key terms in that section. These highlights are an informal summary and do not form part of our contract.
1.6 To make these Terms and Conditions ('Terms') quicker to read, we use a few definitions. 'Newspaper' or 'Product(s)' means a newspaper printed or made available through Direct Sales, 'Content' means all textual, visual or any other content contained in a Newspaper or the Site. By 'Publisher', we mean anyone who publishes their Newspapers through 'Direct Sales'. By 'Visitor', we mean anyone who just browses our Site. Depending on the context, 'you' may refer to a Publisher, or Visitor. Finally, “Users” means all Site users.
1.7 Please read these Terms and the related policies carefully before you start to use this Site, as these will apply to your use of the Site and the Products you order and purchase from the Site. We recommend that you print or save a copy of these Terms for future reference.
1.8 By using our Site, you confirm that you accept these Terms and that you agree to comply with them. You will be required to state your acceptance of the Terms prior to placing an order. When placing an order please tick to confirm you have read and accept our Terms. If you do not wish to be bound by what you read, you should not use, access or place any orders through the Site.
1.9 We may amend these Terms from time to time as set out in clause 16. Every time you wish to order products from this Site, please check these Terms to ensure you understand the Terms which will apply at that time. These Terms were most recently updated on the date of posting that appears at the top of this page.
1.10 These Terms, and any contract made under them, are only in the English language.
1.11 If you have any queries or concerns regarding these Terms, please contact us at email@example.com.
2. Accessing and Using this Site
2.1 Anyone can use this Site, but if you want to print your own Newspaper with us for the first time you'll need to sign up and create an account. To create an account go to the sign up page. Once you've registered, you'll be able to get your Newspaper printed.
2.2 Details for the process of placing orders to get your Newspaper printed through Direct Sales can be found at clause 6 (Placing orders).
2.3 For Direct Sales we accept payments via PayPal and by credit/debit card.
2.4 We try to make the Site available at all times, but, of course, we can't guarantee this.
4. Creating and Maintaining Your Account
4.1 You can sign up and create your account on the sign up page.
4.2 You must make sure that all the information you provide when you register with the Site is true, accurate and current and complete.
4.3 If you change any of your registration details (e.g. email address, postal address), you must update your account.
4.4 To help us maintain the security of the Site, you must keep your registration details confidential. If you become aware of any misuse or unauthorised use of your registration details, then you must inform us immediately by sending us an email to firstname.lastname@example.org.
4.5 It is your responsibility to keep copies of files or invoices relating to your purchases made through the Site.
4.6 In the event that you have, or we have reason to believe that you have, or will breach these Terms, we may terminate or suspend your registration and/or access to the Site and/or to any Content.
4.7 You can close your account at any time as long as you don't have any outstanding orders.
4.8 We reserve the right to delete your account and any personal data or other information associated with your use of the Site if there is no activity on your account for more than 24 consecutive months.
B. Terms and Conditions for Direct Sales
This section sets the main terms that cover our Direct Sales service. This section explains how you can create your publication, the contractual process for each order, prices, delivery, amending and cancelling your order and our returns terms. Our warranties and limitation of liability to you are also highlighted.
5. Creating Your Newspaper
Using ARTHR or your own PDF
5.1 You can create your Newspaper either by using our online design tool 'ARTHR' or by uploading your own PDF. To ensure that your Newspaper is printed properly please ensure you read our artwork guidelines and PDF export guide and which will apply to all orders and includes information on acceptable file formats, page margins etc.
5.2 We cannot guarantee ARTHR will always be available and we reserve the right to provide amended or new versions of ARTHR from time to time.
5.3 The images of Newspapers on the Site are for illustrative purposes only. Although we have made every effort to display these images accurately, we cannot guarantee that your device's display of the images (including colours) accurately reflects the actual Newspaper, so your products may therefore vary slightly from those images.
5.4 Newspaper packaging may differ from that shown in the images on the Site.
5.5 Please note that it is your responsibility to keep PDFs or other copies of your Newspapers.
Submission Policy for your Newspapers on Newspaper Club
5.6 You are responsible for making sure that all Content which you offer through the Site is accurate and appropriate for publication and printing.
5.7 You are solely responsible for the Content you choose to include in your Newspaper. It is not advisable to include any information of a commercial nature which you want to keep confidential, for example trade secrets. If you choose to include such information in your Newspaper, you do so at your own risk.
5.8 You must comply with our Submissions Policy.
5.9 Whilst we check the design and file set up to ensure your order is printable, we do not monitor the Content.
5.10 When you submit your Newspaper to us, you are promising that you own or are entitled to publish all the Content it contains and that it does not contain anything which is illegal.
5.11 We reserve the right at our discretion and without giving any reason to reject or withdraw from the Site any Newspaper if we become aware that any Content is illegal (e.g. because it's obscene, defamatory, libellous, hateful) or which we consider to be contrary to our Submissions Policy.
6. Publishers: Placing Orders and Making Contracts for Direct Sales
Products and availability
6.1 You are solely responsible for choosing the appropriate size and format for your Newspaper.
6.2 We cannot guarantee that Products will always be available (in the short term or long term).
6.3 Please note that paper stock and finishing for Newspapers may vary.
Making a contract online for a Direct Sale
6.4 Your order is an offer to buy from us. Every time you order Products from us, the Terms and Conditions for Direct Sales and the General Terms and Conditions in force at that time will apply to the contract for the sale of those Products between us. The following steps have to take place before a contract is made between us:
- You specify the format of the Newspaper, the number of copies required and the delivery method and address and a contact telephone number;
- You specify the payment method - credit/debit card or 'Paypal';
- You will receive an email from us acknowledging that we have received your order ('Acknowledgment E-mail'). However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described below.
- Our staff will review your submitted order. Once we are happy the order is printable we will confirm our acceptance of your order to you by sending an e-mail ('Print Confirmation E-mail'). In this e-mail we will confirm your order is accepted and will now be sent to print. The Contract between us will only be formed when we send you the Print Confirmation E-mail.
Refusal of an order
6.5 We may decline your order for any reason, including where the Site contains incorrect information such as wrong price information. If we do, we will send you an email telling you so.
6.6 If the reason for declining your order is because we cannot obtain authorisation of your payment details for any reason, then we may invite you to pay by another method.
6.7 We shall be entitled to cancel your order or Contract if:
- it comes to our knowledge that the Content of the Newspaper does not conform to our Submissions Policy;
- if payment is rejected by PayPal or the credit/debit card provider;
- the data/file provided does not comply with the Artwork Guidelines or PDF Export Guide and/or if the printing data is incompatible with the Company's printers and therefore cannot be printed.
Amending or cancelling your order
6.8 Once an order has been acknowledged it will not be possible to make any changes to the contents of your order without contacting us.
6.9 You can cancel your order at any time before it is printed but not after that. In that event, the purchase price will be refunded to you in accordance with clauses 6.11 to 6.14. Please note that refunds may take 5-7 working days to reach your payment account.
6.10 You acknowledge that the Newspapers are of a bespoke nature made to your order. Accordingly, you are not entitled to a “Cooling-off Period” during which you can cancel the Contract after your Newspaper has been printed and return any Products ordered without incurring liability for the agreed price for the Products. Once your Order is accepted and confirmed and your Newspaper has been sent to print by us, you are not entitled to cancel the contract without our written agreement. This does not affect your statutory rights.
6.11 You are entitled to return the Newspapers if the quality of the newsprint does not conform to our printing standards, if you receive the Newspapers in a damaged condition or if the quantity of Newspapers is outside the Permitted Error Margin stated in clause 8.7. However, please note that you cannot return Newspapers if there are defects of the kind described in clause 9.2.
6.12 If there is an issue with your order please email us at email@example.com. Please include in the following information in your email:
- An outline of the issue
- The order number
- The number of copies affected
- Photographs of the affected copies.
6.13 We may require samples and further photographic evidence of the quality of the returned Newspapers in digital form.
6.14 If we consider a refund is required in the circumstances, we will refund your payment on the credit/debit card or PayPal account used by you to pay for the Products.
7. Prices and Payment for Direct Sales
7.1 Prices are subject to change without prior notice.
7.2 Currently publications that are defined as Newspapers do not attract VAT and prices quoted on the Site are inclusive of VAT at 0%.
7.3 You will find the total cost of your order in the 'Order Summary' box together with details of the charges for your chosen delivery option, before you submit your order (see clause 8, Delivery for further information regarding the delivery of your order).
7.4 We currently accept payment for Direct Sales via PayPal and credit/debit card (Visa, MasterCard, Solo or Switch). When placing an order, you confirm that the card/PayPal account that you use to make payment to us is yours and that you have authority to place the order.
7.5 We take payment from your card/PayPal account once you have entered your payment details and have clicked the 'Pay now' button, subject to card/PayPal authorisation.
7.6 You then see an order summary screen, listing the details of your order. An order acknowledgement will be emailed to you.
7.7 In the event that we are unable to supply the Product ordered, we will let you know as soon as possible. We will give you a full refund for the unavailable Product if we have already taken payment for the order.
7.8 Although we try very hard to ensure that all information on the Site is accurate, occasionally errors may occur. If we discover an error in the description of a Product that you have ordered, we will let you know and ask whether you wish to continue with your order or cancel it. If we discover that a Product's correct price is lower than our stated price, we will charge you the lower amount and send you the Product. If a Product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
8. Delivery — Direct Sales
8.1 Your order will be delivered to the address you state when placing your order. A working telephone number must be provided with all orders. This number will be passed to the courier, who may contact you about delivery of your order.
8.2 Delivery will be completed when we deliver the Products to the address you gave us.
8.3 Every effort will be made to deliver the Products as soon as possible after your order has been accepted and in any event within 30 days from receipt by us of all information we require from you in order to complete your order.
8.4 Your order should be fulfilled by the estimated delivery date set out in the Print Confirmation e-mail, unless there is an event outside our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.
8.5 Dates shown in our Delivery Calculator and Print Confirmation E-mail are a guide only. Any dates quoted for delivery of the Product are estimates only but if we don't deliver within 30 days, you can cancel the order. No delivery dates can be guaranteed as they rely on circumstances outside our control. We will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery or if such delay is caused by you.
8.6 We shall not be liable for any delay in delivery of the Product that is caused by any events which are reasonably outside our control or the Publisher's failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Product.
8.7 We will use reasonable efforts to deliver the correct quantity of Products ordered. Variations in Product quantities are, however, inherent in the printing process and although we will endeavour to provide you with the accurate quantity of Products ordered, a variation of +/- 10% ('Permitted Error Margin') of the total quantity ordered shall be deemed permitted and shall not entitle you or us to bring any claim for underpayment or short delivery as the case may be.
8.8 For orders within the UK, if you have not received your Newspapers within the timeframe stated in our Delivery Calculator please check the courier tracking information if you have been sent it, or contact us for more details. Please note that Royal Mail deliveries cannot be tracked, and replacements will not be sent out until 14 days after the original order date. Replacement copies will only be supplied from the original artwork.
8.9 We are not responsible for the replacement or redirection of any items sent to an incorrect address. The Publisher is responsible for providing the correct address (including postcode) and a telephone number where someone can be contacted about the delivery, and for ensuring that someone over the age of 18 years of age is available to sign for the goods if a signature is required.
8.10 Overseas deliveries are shipped DAP (Delivered at Place). If you order Products from our Site for delivery to one of the international delivery destinations, your order may be subject to import duties, handling fees and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties, handling fees and taxes. Please contact your local customs office for further information before placing your order.
8.11 You are responsible for checking goods before signing the delivery note, and you are responsible for the care of the items after delivery.
Where we deliver
8.12 We deliver our products to any address in a selected number of countries internationally. You will find the cost of delivery for your order in your 'Order Summary' box for the delivery option that you have selected during the order process. Further information regarding our delivery options and charges can be found on our Delivery Calculator page.
8.13 Products purchased will be delivered by our selected courier or by Royal Mail on their standard days of business during their normal delivery hours.
8.14 For deliveries by courier in the UK, you will be provided with a tracking reference number by email. Orders via a courier service will require a signature on receipt. The delivery of all Products requiring signature must be signed for by an adult aged 18 years or over.
8.15 Larger orders will be delivered on a pallet so delivery addresses must be accessible for large vehicles. A working phone number must be supplied for all orders in case the delivery company needs to make contact. Please contact us prior to placing your order to discuss if it will require delivery on a pallet.
8.16 For courier and pallet deliveries, if there is no one at the address given who is competent to accept delivery of the Products (all Products must be signed for on delivery by an adult aged 18 years or over), you will be notified that an attempt to deliver the Products was made and you will be given the option to either arrange for a further delivery, or to collect from the courier service's depot.
8.17 Orders sent by Royal Mail do not require a signature, and are not tracked.
8.18 If we agree to re-schedule a delivery, we reserve the right to charge you for re-delivery of your Products. If our second attempt at delivery is unsuccessful, we will inform you by email that we consider our contract cancelled.
8.19 We make every effort to dispatch Products within the estimated timescales provided; however, delays occasionally occur due to events outside our control. If we have to delay dispatch or cancel the delivery of an order for any reason, we will try to notify you by email or via the Site as soon as we are able. The Site shall be under no liability for any delay or failure to dispatch or deliver the products within the estimated timescales. For more information on estimated delivery timescales please visit the Delivery Information page.
8.20 The risk in the Products shall pass to the Publisher on completion of delivery. Subject to your right to cancel, risk of loss of and damage to Products passes to you when the Products are delivered to the delivery address or when the person at the delivery address signs for the delivery.
8.21 In the unlikely event that you receive another Publisher's Products please contact us immediately to arrange a resolution.
9. Our Warranties To You
9.1 We promise that on delivery the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 9.2.
9.2 The warranty in clause 9.1 does not apply to any defect in the products arising from
- fair wear and tear;
- ink rubbing off or showing through on to facing pages;
- colours not being the same as the PDF version shown on the Site;
- “normal” qualities of newspapers as described on the Site; e.g. rough edges, printer marks, trimming and folding being slightly out;
- varying paper stock or finishing on Newspapers;
- wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party.
9.3 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
9.4 We will not deliberately publicise or share the Content of your Newspaper except in the course of fulfilling our obligations under Direct Sales.
10. Exclusions and Limitations of Our Liability to You — Direct Sales
Where you are publishing a Newspaper in the course of a business clauses 10.1 to 10.5 will apply. Otherwise please see clauses 10.6 to 10.8.
10.1 The following provisions of this clause 10 set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Publisher under or in respect of the Contract for any claim or claims, whether arising in contract, tort (including negligence), breach of statutory duty or restitution, or for misrepresentation or otherwise howsoever.
10.2 Nothing in these Terms shall limit or exclude our liability for:
- death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
- arising in respect of a defective product by virtue of the Consumer Protection Act 1987; or
- for any act, omission or matter, liability for which may not be legally excluded or limited.
10.3 Subject to clause 10.2:
- we shall under no circumstances whatever be liable to the Publisher, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
- our total liability to the Publisher in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Products in respect of which that liability arises.
10.4 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and the terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
10.5 This clause 10 shall survive termination of the Contract.
Where you are publishing a newspaper as a consumer, clauses 10.6 to 10.8 will apply.
10.6 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 the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
10.7 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
10.8 We do not exclude or limit in any way our liability for:
- death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
- breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987.
C. General Terms and Conditions — Direct Sales and Site Visitors
This section contains the terms that apply to everyone who uses this Site.
11. Our Content
11.1 Our Content includes the web pages on the Site that we make available through www.newspaperclub.com and any information or other material found on or via the Site, including text, databases, graphics, images, videos, software and all other features on the Site.
11.2 We make the Site, our Content Publisher Content and any user generated content ('UGC') available through the Site for your personal, non-commercial use only (please see our Submissions Policy for further details about the user generated content that we make available through the Site). You may only view the Site's pages and Content online. You may not otherwise reproduce, modify, copy or distribute or use any of the Content on the Site other than as expressly permitted under these Terms without our prior written consent.
11.3 If you are having problems accessing any other Content on the Site, please let us know by emailing firstname.lastname@example.org and we will try to rectify the problem as soon as possible.
12. Publishers Content
12.1 All Content that you supply to us for the purposes of Direct Sales will be subject to the licence in clause 12.2.
12.2 Each Publisher grants us an unlimited, non-terminable and free permission to use your Content for the purpose of printing and distributing Newspapers to the extent necessary for us to fulfil orders for Direct Sales.
12.3 You are granting to every other user of the Site unlimited, non-terminable and free permission to use all or any part of your Publisher Content on the same terms as you are permitted to their UGC on the Site.
13. Intellectual Property
13.1 You acknowledge that all copyright, trade marks and all other intellectual property rights in the Site and in the Content made available via the Site, shall at all times remain vested in us or our licensors. For further information on how you are permitted to use any content that you access from or via the Site, please see clause 11, Our Content.
13.2 Newspaper Club is the registered trade mark of Newspaper Club Limited and its licensors in the UK and the US. All other brand names and trade marks that appear on the Site are trade marks or trade names of their respective holders. No permission is given to use any of the trade marks appearing on the Site (including without limitation our trade marks or those of our licensors) and any such use may constitute an infringement of the holder's rights.
14. Third Party Software
14.1 You acknowledge that you may need to download and activate third party owned software in order to access selected Content on the Site, including any downloads you purchase from the Site. This software will be clearly identified on the Site.
14.2 In order to use such third party software or technology you may have to accept the terms of a licence agreement with that third party. You acknowledge that we have no responsibility or control over such third party software.
15.1 The Site may include links to third party websites. We have not reviewed these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them.
15.3 You may link to any page or Content on this Site whether in any electronic files, from a website, App or other software or when posting using a social media service to the Site. To be clear, you may:
- link to our homepage; and
- 'deep link' to any other page or Content hosted on this Site.
You may not load the Site into frames or use in-line linking techniques or similar methods or pass off our Content as your own.
16. General Promises, Liability and Disclaimer
16.1 We promise that we will operate the Site with reasonable skill and care and that we will use our reasonable endeavours to correct any faults of which we are aware. We also provide the warranties set out under clause 9 in respect of the Products that you purchase from this Site. To the fullest extent permissible under applicable law, we disclaim any and all other promises, warranties, conditions, or representations relating to the Site and its Content, whether express, implied, oral or written. In particular:
- We do not make any promises as to the truth, accuracy, integrity, quality or completeness of the Content or information that appears on the Site and you should not rely on it being accurate, truthful or complete.
- We are not responsible for verifying the ownership of any Content posted or uploaded onto the Site.
- Any posting of comments or information on the Site is the opinion of the person posting only and in no way reflects our opinions or attitudes, nor constitutes any form of recommendation, representation, endorsement or arrangement by us. To be clear, each User acts on his/her own behalf at all times and does not act as our representative or agent in any way.
- You agree that your access and use of the Site and its Content is at your own risk. We do not have any knowledge of, nor control over, the particular purpose(s) for which the information and Content available on the Site is used. The Content and information that we make available on the Site is provided for information only. Accordingly, we exclude any and all liability for any loss of any nature suffered by you as a direct or indirect result of your use of any of the information or Content available on the Site or of making any decision, or refraining from making any such decision, based wholly or partly on any expression of opinion, statement or other information contained in the Content available on the Site.
- By using the Site you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of the Site, response times to view, verify or transfer information; and the risks inherent in all third party links, connections and transfers via the internet. Accordingly:
- We do not make any promises about the availability or accessibility of the Site or promise that your access to the Site, the Content on it or the services we provide will be delivered uninterrupted, timely or error-free;
- We are not responsible for any data or information uploaded by any Users or Visitors including any Content posted, uploaded or published on the Site. It is your responsibility to make backup copies of any of the Content you post, upload or publish on the Site and we strongly recommend that you do so;
- We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation including transmission arising from your download of any Content, software you use to download the Content, the Site or the server(s) that make it available. In this respect you agree that it is your responsibility to install suitable anti-virus and security software on your computer hardware and other devices to protect against any such bugs, viruses or other such harmful programming routines. Any Content downloaded or otherwise obtained through the use of the Site is done at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Content;
- Any decision based solely on information obtained from the internet could be dangerous. Whilst we hope that you will find the websites linked to on the Site of interest, no responsibility of any nature whatsoever is accepted for any such links or any information contained in them.
16.2 If you are dealing with us as a consumer you have certain rights, including legal rights relating to Products that are faulty or not as described. Nothing in these Terms will reduce these legal rights. For further information about your legal rights, please contact your local authority Trading Standards Department or Citizen's Advice Bureau.
We will not be responsible or liable:
- for any losses related to any business of yours including but not limited to lost data, profits, revenue, business, opportunity, goodwill, reputation or business interruption; or
- if we are prevented or delayed from complying with our obligations under these Terms by anything you (or anyone acting on your behalf) does or fails to do or due to events or circumstances beyond our reasonable control. In such circumstances including, but not limited to, fire, flood and other acts of God, strikes, trade disputes, lock outs, restrictions of imports or exports, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, PayPal delays, our inability or delay in performing our obligations will not be deemed to be in breach of contract.
17.1 You agree only to use the Site in accordance with these Terms. You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of these Terms (including as a result of any UGC or other material that you post or that is otherwise published to the Site or in Newspapers or any actions you take which disrupt access to and/or the functioning of the Site) or any liability we incur as a result of the use of the Site by you and any other person that uses your account.
18. Written Communications
18.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using this Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
19. Other Important Terms
19.1 Severability. If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms will not be affected and shall remain in force. For the avoidance of doubt, should these Terms or any part of them be deemed void or voidable, this shall not affect the validity of any licence provided under these Terms (including for use of your UGC).
19.2 Entire Agreement. These Terms govern our relationship with you and represent our entire agreement with you.
19.3 References to “including” and other similar expressions. In these Terms, words that appear after the expression “include”, “including”, “other” “for example”, “such as” or “in particular” (or any similar expression) will not limit the meaning of the words appearing before such expression.
19.4 Assignment. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.
19.5 Waiver. If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.
19.6 Exclusion of Third Party Rights. These Terms do not create any right enforceable by any person who is not a party to them or any contract made under them, except that the provisions of these Terms may be enforced by any of our licensors subject to and in accordance with the Contracts (Rights of Third Parties) Act 1999.
19.7 Governing Law and Jurisdiction. These Terms and any contract made under them are governed by and will be construed in accordance with English law. This means that in relation to the agreement between us governing your access and use of this Site under these Terms, any contract made between us for the purchase of Products through the Site or for the listing of Newspapers on the Site and any dispute or claim arising out of or in connection with them will be governed by English law. If a dispute arises out of or in connection with these Terms or any contract made under them, we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. If either or both of us refuse to initiate the mediation procedure within 14 days of the dispute arising or if we both fail to agree terms of settlement within 30 days of the initiation of the procedure, either of us will be free to initiate proceedings in the courts of England which will have non-exclusive jurisdiction to deal with such dispute. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident in Scotland, you may also bring proceedings in Scotland.
20. Changes to These Terms
20.1 We may make changes to these Terms at any time by sending you an email with the modified Terms or by posting a copy of them on the Site. Any changes will take effect 7 days after the date of our email or the date on which we post the modified terms on the Site, whichever is the earlier. If you continue to use the Site after that period has expired, it means that you accept any such changes.
20.2 No variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by Newspaper Club.
21. Copyright Complaints
21.1 We respect the intellectual property rights of others, and we prohibit users of the Site from submitting, uploading, posting or otherwise transmitting any materials that infringe or violate another person's intellectual property rights.
21.2 It is our policy to comply with clear notices of alleged copyright infringement. If you wish to submit a notice of alleged copyright infringement you can do so by email to email@example.com. Please provide as much detail as possible including a description and location of the alleged infringing material on the Site, details of the rights infringed and your ownership in respect of them (including, if applicable, additional identifying information such as publication dates and website URLs) and contact details that we can use to reply to your notice.
21.3 Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine to be repeat infringers of others' copyrights. Please see clauses 4.6 and 22.1 for further details.
21.4 Content hosted on third party websites accessible from this Site is the responsibility of those websites, and not our responsibility. If you are the copyright owner of content hosted on a third party website, and you have not authorised the use of your content, please contact the administrator of the hosting website directly to have the content removed.
22. Termination of Your Registration
22.1 It is our policy to terminate usage rights and any applicable user accounts of users we determine to be repeat infringers of our Submission Policy, others' copyright or acceptable use of the Site.
23. General Complaints and Requests for Further Information
23.1 If you have any general complaints or wish to request further information about the Site, please contact us via email at firstname.lastname@example.org or by post to Newspaper Club, Room 103, 58-60 Osborne Street, Glasgow, G1 5QH and we will do our best to resolve these.
24. Contact Us
24.1 This Site is owned by Newspaper Club Limited, a company incorporated in England. The registered office address of Newspaper Club is c/o Sharman & Co Ltd, Newark Road, Peterborough, PE1 5TD, UK.
24.2 Our registered company number is 06894628 and VAT registration number is GB974439479.
24.3 If you would like to contact us please use the following contact details: Address: Newspaper Club, Room 103, 58-60 Osborne Street, Glasgow, G1 5QH Email: email@example.com.