DC Thomson Corporate Subscription Terms and Conditions
These terms and conditions apply to corporate subscriptions offered by DC Thomson & Company Limited (company registration number SC005830) with registered office at Courier Buildings, 2 Albert Square, Dundee, DD1 9QJ (hereinafter referred to as “we” or “us”). Please read them carefully as they set out the terms and conditions under which we make your subscription as set out in the Order Form (the “Subscription”) available to your organisation (the “Subscriber Organisation”), and your approved users (your “Users”).
These terms and conditions should be read in conjunction with the order form under which you commit to these terms and conditions (the “Order Form”), our Acceptable Use Policy and our Privacy Policy.
By purchasing a corporate subscription you agree you, and your Users shall comply with these terms and conditions as well as the terms referred to above.
1. What is included in the Subscription?
Your Subscription entitles you to multi-user access to the digital publication(s) and other product-specific subscriber benefits as specified in the Order Form (the “Publication”).
2. Grant of Rights
The Subscriber Organisation is hereby granted a non-exclusive, revocable, non-transferable, non-assignable license to access the Publication during the Subscription Term. The Subscription permits only the agreed number of Users as set out in the Order Form to access and receive content from the Publication. Users shall include only current employees, consultants, independent contractors, officers or directors of the Subscriber Organisation or Subscriber Organisation’s affiliate companies.
3. Subscription Term and Renewals
Once your Subscription has been accepted, your, and your approved Users’ Subscription will continue for the term (“Subscription Term”) set out in the Order form. Thereafter your Subscription shall automatically renew for the same number of Users, and a period of the same length as the Subscription Term unless you contact us not less than 30 days before your Subscription is due to expire, to confirm that you wish to terminate your Subscription or to amend the number of approved Users at the end of the current term. The addition of any new User is subject to payment of any additional licence fee payable at that time.
4. Privacy
For information on how we use your Users’ personal data, please refer to our Privacy Policy here.
5. Payment
You agree to pay the subscription fee for each User in accordance with the Order Form. We reserve the right to suspend or withhold access to the Publication in the event the subscription fee is not paid by its due date.
6. Amending Subscription Offering and Fees
We reserve the right to change any Subscription feature, content or offering at any time. Where we are withdrawing any offer, content or feature, we will usually seek to offer a new or replacement feature or functionality which in our opinion maintains or enhances the subscriber experience offered as a whole.
Changes to the subscription fees will be notified to you in writing at least 60 days prior to the end of your current Subscription Term. Your Users will continue to have access to the Publication and to enjoy their subscriber benefits until the end of your then current Subscription period, even if you have notified us of your intention to cancel your membership at the end of the current Subscription Term.
7. Suspension, Cancellation and Refunds
i. Our right to suspend and/or cancel. We may suspend or cancel your Subscription (or any User) immediately at our reasonable discretion, if you breach any of your obligations under your Order Form or these terms and conditions, or if your Users breach our Acceptable Use Policy. We will make reasonable efforts to notify you of any suspension or cancellation of your or your User’s access to the Publication.
ii. Refunds. We are unable to refund any payments made by you unless we are unable to fulfil our obligations in relation to your Subscription. If this is the case, you may cancel your Subscription and obtain a proportionate refund for the unexpired part of your current Subscription.
If you have a query about obtaining a refund, please contact our customer service team using the contact details in section 9.
8. Our Responsibility to You
We shall not be responsible to you or your Users for any failure by us to provide you with the services offered under your Subscription where this failure is (i) due to circumstances beyond our control; or (ii) due to the supply of incorrect information supplied by you during the registration processes.
We will use all reasonable endeavours to ensure that access to the Publication is uninterrupted, but we do not guarantee this. We accept no responsibility or liability for unavailability, interruption or delay to any service provided under your Subscription.
Issues with a mobile network operator and/or data connection with your device may mean that you are unable to access content from time to time – this is outside of our control and we shall not be responsible in these circumstances.
We shall not be liable to you or your Users for (whether such liability arises as a result of any breach of contract, tort (including negligence), breach of statutory duty, misrepresentation or for any other reason) for any (i) loss of profits; (ii) loss of sales, turnover, revenue or business; or (iii) indirect, consequential or special loss.
In all cases, our total liability to you and your Users in connection with your Subscription shall not exceed the total subscription fees charged in the past 12 months of your Subscription period.
Nothing in these terms and conditions limits any liability which cannot legally be limited, including (but not limited to) liability for (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation.
9. Customer Service
If you have a query or complaint about your subscription, please contact us by email at info@energyvoice.com.
10. Limitation of Liability
In no event shall we be liable for any indirect or consequential loss or other damages related to these Terms and Conditions, and/or, whether direct or indirect, and (i) loss of data; (ii) loss of income; (iii) loss or opportunity; (iv) lost profits; and (v) costs of recovery or other damages, howsoever arising, and whether or not for breach of contract, tort (including negligence), violation of stature, or otherwise, and whether or not we have been advised of the possibility of such damages. Nothing in these Terms and Conditions limits any liability which cannot legally be limited, including (but not limited to) liability for (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; and (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply or Goods and Services Act 1982.
11. Indemnity
You agree to defend, indemnify and hold harmless DC Thomson & Company Limited, its subsidiaries and affiliates, and each or their respective officers, directors, and employees, in full from any and all damages, losses, demands, claims, liabilities, costs and expenses (including, but not limited to, loss of profits, loss of revenue and legal fees and expenses), arising out of, or in connection with, a breach by you or any of your Users of (i) these terms and conditions, the Acceptable Use Policy, or the privacy policy or (ii) your obligations, representations and warranties under these terms and conditions.
12. General
Changes to the Terms and Conditions: We reserve the right to make changes to these Terms and Conditions from time to time and may or may not notify you in such an event. You understand and agree that if you or your Users use our services on or after the date on which the Terms and Conditions have changed, we will treat your use as acceptance of the changes.
Severability. If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such medication is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification or deletion shall not affect the validity and enforceability of the rest of these terms and conditions.
Compliance with Laws: Both parties agree to comply with all applicable local, state, national and international laws, rules, and regulations in connection with their performance, participation, access and/or use of the Publication or any other feature of your Subscription.
Governing Law & Jurisdiction: These Terms and Conditions are subject to the laws of Scotland and the courts of Scotland shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms and Conditions.