These User Terms apply to websites operated by Positive News Publishing Limited (‘Positive News’ or ‘we’ or ‘us’ or ‘our’) from time to time. In accordance with the following user terms (‘User Terms’), Positive News grants you as an authorised user (‘User’ or ‘you’) of this website (the ‘Website’) certain rights (as set out below) and in return you agree to perform certain obligations. These User Terms form a binding contract between you and Positive News. By using this Website, you therefore confirm that you are at least 18 years old, or if you are under 18 years old that you have obtained your parent’s or guardian’s consent to enter into these User Terms. Please read these User Terms carefully before using the Website. By using the Website, you are deemed to have accepted these User Terms. These User Terms apply whatever method you have used to access the Website, including but not limited to computer, portable device, digital television services and mobile phone. If you do not agree to any part of these User Terms you should stop accessing this Website and navigate away from it.
What do these terms cover?
Please note that these User Terms also contain the Positive News Selling Terms for Goods and Services in respect of any goods or services you buy direct from Positive News on the Website or through any of Positive News’s brands through their respective websites, as well as our Acceptable Use Policy.
This Website is operated by Positive News Publishing Limited, a company limited by guarantee, registered in England and Wales under company number 03891920. Our registered office address is at 24 Greencoat Place, London, SW1P 1RD. Our VAT number is 292 7900 74.
Some services on the Website may be restricted to users that have registered their details with us and created an account. If you decide to register for one of these services you agree:
(a) that your account details are personal to you and you will not disclose your account details to any third party;
(b) that you will not allow a third party to use your password for the purposes of gaining entry to services meant for registered users only and that you will take all reasonable steps to ensure that your user details are kept confidential and secure; and
(c) that you will not create an account using false information or impersonate another person when registering for a service on the Website.
We may cancel your registered account at any time if for any reason we believe you have breached these requirements. We also reserve the right to disable your account details, whether chosen by you or allocated by us, at any time if in our sole opinion you have failed to comply with any part of these User Terms.
Accessing our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Website without notice. We will not be liable for any reason if the Website remains unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users who have registered with us. You are responsible for making all arrangements necessary for you to have access to our Website (including taking all necessary steps to ensure you use up-to-date anti-virus software). You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these User Terms, and that they comply with them.
Unless otherwise specified on the Website, the Material available on the Website is directed solely at those who access the Website from the United Kingdom. Positive News makes no representation that any Material is appropriate for use elsewhere or available in any other locations. Those who choose to access the Website from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable.
Your use of the Website will be subject to complying at all times with our Acceptable Use Policy in this paragraph 5. For the purposes of these User Terms: “Material” will include but is not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, advertising material and other material published on the Website.
We are either the owner or the licensee of the intellectual property rights in the Website and the Material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.1 Accessing our Material
You are entitled to access and print the Material for your own personal private and non-commercial use only, provided that you do not:
(i) download or print any Material in a systematic or regular manner so as to create a database (electronic or paper form);
(ii) remove any notices relating to the ownership of copyright or other intellectual property rights in the Material;
(iii) modify, translate, reverse engineer, reproduce, decompile, disassemble or create derivative works of any of the Material; or
(iv) rent, lease, sub-license, loan, copy, commercially exploit or give or transfer any rights in the Material in any form, to any person or entity without our prior written consent.
Our status (and that of any identified third party contributor or rights holder) as the author of the Material must always be acknowledged. If you print off or otherwise copy any part of the Website or Material in breach of these User Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the Material you have made. You are not authorised to download or copy any music or videos which we may grant you access to on the Website without our explicit written consent in each instance.
5.2 Prohibited uses
You further agree that you will not use the Website for any of the following purposes:
(i) to use or attempt to use any software, engine, or any other means to navigate or search the Website other than the navigation tools and search facilities available on the Website and general third party browsers;
(ii) to carry out any activities in relation to “screen scraping” or “database scraping” to obtain lists of users, URLs, internet keywords or other information;
(iii) to access the Website by any means other than through the interface that is provided by Positive News for use in accessing the Website;
(iv) to use or transmit any material that contains software viruses or any other computer code, file or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to the Website;
(vi) to do anything which imposes an unreasonable or disproportionately large load on the Website’s infrastructure;
(vii) to interfere with or disrupt the Website and/or any of its services or servers or networks connected to the Website or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
The Website may offer you the opportunity to purchase goods and services. Some of these goods and services will be provided directly by us (and we will notify you in each instance where we are the seller). In such cases the legal contract for the provision of these goods and services will therefore be made directly between you and Positive News, and will be governed by the Positive News Selling Terms for Goods and Services set out in paragraph 6.1, together with any additional terms notified to you at the time of sale. Alternatively, other goods and services available through the Website may either be:
A) provided by a third party through a third party website linked to or framed by the Website; or
B) provided by a third party through a third party website which includes Positive News or one of our brand’s branding however the goods and/or services are provided by the third party; or
C) provided by us acting as agent for a third party.
In any of the above circumstances (A, B or C), the legal contract for the goods and services provided will be made between you and that third party (the “Merchant”) and the Merchant’s terms and conditions will apply to the sale and supply of the goods and services (the “Merchandise”) in addition to these User Terms. Accordingly, we cannot give any undertaking that the goods you purchase from third party sellers through our Website will be of satisfactory quality and any such warranties are hereby disclaimed by us absolutely. However, this disclaimer by us, does not affect your statutory rights against that third party seller.
Positive News refers to the e-commerce as described in the previous paragraph as “Merchant Sales” and the following Merchant Rules apply. You should carefully read the Merchant’s own terms and conditions in addition to these Merchant Rules and User Terms.
Third Party Merchant Rules
When purchasing Merchandise you acknowledge that:
(i) the Merchant (and not Positive News) is solely responsible for the fulfilment of orders for any Merchandise and for its quality, suitability and fitness for purpose;
(ii) the selection of any Merchant or the purchase of any item of Merchandise from the information available on the Website or from the Merchant via the Merchant’s website or otherwise, and/or recommendations made to you by the site or otherwise, is solely your choice. Any disputes or questions relating to the Merchandise will be directed to the Merchant in question and you acknowledge that Positive News will have no responsibility, obligations or liability in relation to the Merchandise;
(iii) any Merchant’s data protection practices may differ from those adhered to by Positive News. Positive News is not responsible for, and has no control over, any data that is submitted to, or collected by, Merchants; and
(iv) Positive News is not responsible or liable directly or indirectly for any charge or loss whatsoever and howsoever arising or resulting from your use of or reliance on any content, material or goods or services available through, on or from any Merchant or Merchant’s websites.
It is important that you check the privacy policy, terms and conditions of use and content of any Merchant’s website and any Merchant information accessible to you from the Website prior to purchasing any Merchandise.
6.1 Positive News Selling Terms for Goods and Services
For goods and services sold directly by Positive News, the Positive News Selling Terms under this paragraph 6.1 will apply in addition to the User Terms. In the event that there are other terms on the Website referring to the sale of such goods and services that conflict with the Selling Terms, the terms on the Website will prevail.
Examples of the goods that Positive News sells are magazines, clothes, posters and bags. The specific terms that relate to “goods” therefore only apply to all physical goods sold through the Website by Positive News.
Example of the services that Positive News sells are digital downloads of magazines, membership of Positive News, access to events, and/or access to online ‘paid for content’. The specific terms that relate to “services” therefore only apply to all non-physical items sold through the Website by Positive News.
Your Status:
BY PLACING AN ORDER THROUGH THIS WEBSITE, YOU PROMISE THAT YOU ARE AT LEAST 18 YEARS OLD. IF YOU ARE UNDER THE AGE OF 18 YEARS OLD, YOU MUST ENSURE THAT A PARENT OR GUARDIAN PURCHASES THE GOODS OR SERVICES ON YOUR BEHALF. YOU SHOULD PRINT OUT AND KEEP A COPY OF THESE USER TERMS FOR YOUR REFERENCE IN RESPECT OF ANY GOODS OR SERVICES YOU BUY FROM US.
How the contract is formed between you and Positive News for the purchase of
After placing an order, you will receive an email from us confirming your order. All orders are subject to acceptance by us, and, where you order online we will confirm such acceptance to you by sending you an e-mail that confirms that the order and due payment has been received by us (the “Order Confirmation”). The contract between us for the provision of the goods will only be formed when we send you the Order Confirmation. The contract will relate only to those goods confirmed in the Order Confirmation.
How the contract is formed between you and Positive News for the purchase of services
After you place an order for services, the contract between Positive News and you will only be formed when we make the services, including any digital content, available to you for download or access. Positive News reserves the right, at its sole discretion to reject any orders it receives.
Purchase and delivery of goods and services
Purchase
(a) Your transaction will be processed in a secure environment.
Price
(b) The price of any goods or services will be as quoted on the Website from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation unless in the event of a mistake (as set out below).
(c) Our Website may contain a large number of goods, and despite our best efforts, some of the goods on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the price of goods is less than the stated price, we will charge the lower amount when dispatching the goods to you. If the correct price of the goods is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before dispatching the goods or reject your order and notify you of such rejection. We are under no obligation to provide the goods to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could easily have been recognised by you as a mispricing.
Payment Method
(d) Payment methods are detailed on Positive News’s website, where applicable. For the avoidance of doubt, Positive News does not accept payment by cash or cheque. We charge your debit or credit card on receipt of your order.
Out of stock goods
(e) In the event that you place an order for goods that are out of stock, Positive News will inform you if it is awaiting stock and the anticipated arrival date of such stock. Positive News will hold your payment and order and dispatch your goods as soon as the stock arrives. You may elect for Positive News to refund your card and to re-purchase on arrival of the stock. In this event, Positive News will notify you via email that stock has arrived and you will be required to place your order again. Please note that customers who have not opted for the refund will take preference. We will not substitute or replace any out of stock item without your prior consent.
Delivery
(f) When purchasing goods, you will be required to pay extra for delivery (unless stated otherwise) and it might not be possible for us to deliver to some locations. Our delivery charges are set out on the Website, where applicable. All postage and packing charges are subject to change without notice.
(g) We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order.
(h) Positive News endeavours to deliver all goods that are in stock within thirty (30) calendar days of your order. Positive News will notify you if there is the likelihood of any delay and agree with you a revised delivery time.
(i) You will become the owner of the goods you have ordered when they have been delivered to you and we have received payment. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss, damage or destruction.
(j) We will be under no liability for any delay or failure to deliver goods or services, including digital content, if the delay or failure is wholly or partly caused by circumstances beyond our control.
(k) Positive News reserves the right to ship physical goods separately or via a third party supplier.
Digital content
(l) All downloads of digital content will be delivered to your personal computer or other device which initiated the download. It is your sole responsibility to ensure that your device is enabled to play or access the digital content.
(n) You agree that as soon as you download any digital content, you will not have the right to cancel your order and receive a refund i.e. as soon as the file download commences or access to the online ‘paid for content’ is granted. Please note that this means you will not be able to receive refunds for downloads or access to paid content once you have commenced the download or been granted access to the paid content.
Cancellation
(o) Subject to paragraph (n) and (s) of this section, if you are a consumer, then you may cancel your contract to purchase the goods you order at any time up to the end of the fourteenth (14th) calendar day after the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
(p) If you have received the goods for an order that you have already cancelled (in accordance with paragraph (o) above), you must send the goods back to our contact address at your own cost and risk within fourteen (14) calendar days after receiving the ordered goods. You must take reasonable care of the ordered goods whilst they are in your possession. If you cancel your order prior to receiving the goods but where we have already processed and subsequently deliver the goods, you must not unpack the goods and you must send the goods back to us at our contact address within fourteen (14) calendar days. The cost of sending the goods back will initially be paid by you (see paragraphs (r), (t) and (u)).
(q) When purchasing digital content (e.g. downloads of digital versions of magazines, or access to online ‘paid for content’), if you are a consumer you may (subject to paragraph (n)) cancel your contract to purchase the services within fourteen (14) calendar days after the day the contract was entered to purchase the digital content, provided you haven’t downloaded such digital content. Notice may be given using the Customer Care details below.
Incorrect / faulty / damaged goods
(r) If the ordered goods you receive are incorrectly supplied, faulty or damaged on delivery then you may cancel your contract with us providing you do so by contacting us by email or telephone (on the number printed on the advice note sent with your goods) and returning the goods within thirty (30) calendar days after the date you receive the ordered goods. We will examine the goods on their return to us, to confirm if they were incorrectly supplied, faulty or damaged. Goods returned by you because they were incorrectly supplied, faulty or damaged will be refunded in full. We will also refund the delivery charges for sending the goods to you and the cost incurred by you in returning the goods to us provided you have selected the least expensive, common and generally acceptable kind of delivery offered by us to send the goods to you and for you to return the goods to us. If you have selected a premium delivery method, we will reimburse you the amount that it would have cost you if you had chosen the least expensive, common and generally acceptable kind of delivery offered by us.
Exceptions to cancellation
(s) You cannot cancel your contract with us if the goods you have ordered are:
– newspapers or magazines (except for subscriptions); or
– created pursuant to your own specifications; or
– perishable goods; or
– goods that by reason of their nature cannot be returned e.g. earrings; or
– if the order is for digital content, you have commenced downloading such content (see paragraph (n).
Returning ordered goods
(t) We reserve the right to refuse any cancellations, refunds or returns if you do not return the goods to us in the same condition as we supplied them to you. You should return the goods to us with the original and undamaged packaging. Wherever reasonable, you should keep the goods in their sealed packaging unless you are sure you wish to keep the goods. You should ensure that any clothing goods are kept or tried on in hygienic conditions. Any hygiene seals should be kept on goods and not removed unless you wish to keep the goods. If the value of goods is diminished by any amount as a result of you handling the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods i.e. that it goes beyond the sort of handling that might reasonably be allowed in a shop, we may recover that amount from you up to the order price. We may recover this amount either by deducting the amount to be reimbursed to you or otherwise the amount must be paid by you. We cannot accept returns of goods where any hygiene seal has been broken or removed. You have a legal obligation to take reasonable care of any goods whilst they are in your possession. If you fail to comply with this obligation then we may not provide a refund to you.
(u) When returning goods, adequate insurance cover and proof of posting is strongly recommended. Positive News cannot accept responsibility for parcels lost in transit. For all returns (with the exception of certain goods (for which please see paragraph (v) below)), you will be required to arrange and pay for the return of the goods to Positive News.
(v) The supplier of your goods will collect certain goods that have been delivered to the consumer and by their nature are not suitable to be returned to us by post. Please contact the relevant supplier to arrange a collection time.
(w) When returning goods ordered from the Website, please quote the order number found on your Order Confirmation e-mail.
(x) Once you have notified us that you are cancelling your order for goods, that you are requesting a refund and that you have returned the goods to us, we will refund you as soon as possible and in any event within fourteen (14) calendar days of (i) us receiving the goods; (ii) (if earlier) the date you supply evidence of having sent the goods back to us; or (iii) after the day on which, if no goods were supplied, we were notified of cancellation. If you do not return the goods delivered to you or do not pay the costs of returning the goods (save for those goods stated in paragraph (v)), we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you. Once you have notified us that you are cancelling your order for services (including digital content) and that you are requesting a refund, we will refund you as soon as possible and in any event within fourteen (14) calendar days after the day on which we are informed by you that you wish to cancel your order. We will refund you using the same means of payment as you used for the initial transaction unless you tell us otherwise. We will not impose any fee on you in respect of your refund.
Gifts
(y) Refunds for items bought as a gift will be credited to the original purchaser.
Customer Care
You may contact the supplier of your goods in relation to your order by telephone at the number provided on your order notification e-mail. Liability
Please see our privacy policy for details on how we process the information collected about you through your use of the Website. The Privacy Policy is incorporated into these User Terms.
Our websites may provide links to third party websites, or advertisements promoting other companies’ products or services. The inclusion of any link does not imply our endorsement of any other company, its websites, or its products and/or services. These linked websites have separate and independent privacy policies, which we recommend you read carefully. We have no control over such websites and therefore have no responsibility or liability for the manner in which the organisations that operate such linked websites may collect, use, disclose or otherwise treat your personal data.
Positive News does not limit its liability for (i) death or personal injury to the extent only that it arises as a result of the negligence of Positive News or its employees, (ii) fraudulent misrepresentation and (iii) any other liability that we are not permitted to limit or exclude under applicable law. The remainder of this section will not apply to such liability.
Notwithstanding the foregoing, nothing is intended to limit any rights you might have as a consumer under applicable UK law, including the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Any commentary and other materials posted on our Website 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 the Website, or by anyone who may be informed of any of its contents.
We will not be liable to you if we are prevented or delayed from complying with our obligations under the Positive News Selling Terms by anything you do (or anyone acting on your behalf) does or fails to do or due to events which are beyond our reasonable control.
We warrant to you that any goods or services purchased from Positive News will be of a satisfactory quality and reasonably fit for purpose for which goods of the kind are commonly supplied. However our total liability to you for any breach of this warranty will be limited to the purchase price of the goods or services only. We will have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods or services in question.
You acknowledge that Positive News, its directors, contractors, agents and employees shall not be liable to you in contract, tort, or otherwise for: any economic loss, (including without limitation, loss of revenue, business, contracts, profits or anticipated savings); any loss of goodwill or reputation; any loss of data; or any special, indirect or consequential loss that may result to you or a third party arising from your use of the Website (unless expressly set out otherwise in these User Terms).
You further acknowledge that Positive News gives no warranties of any kind in relation to the Website or the Material, and the Website is made available to you on an ‘as is’ basis. These User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.
Positive News does not accept any liability for links on the Website to third party sites. If you decide to access linked third party sites you do so at your own risk.
The liability of any third party seller will be as set out in their own terms and conditions with you.
Positive News reserves the right to vary the User Terms from time to time. Please check the User Terms regularly as your continued use of the Website following Positive News’ posting of the amended User Terms will be regarded by Positive News as your acceptance of such amended User Terms. You should regularly review these User Terms to keep up-to-date with any changes.
You may send a legal notice to Positive News, or any questions you may have concerning these User Terms by email to [email protected] or by writing to Positive News, 24 Greencoat Place, London, SW1P 1RD. Such notices will be effective three (3) calendar days after sending. Positive News may send you notice by general notice on the Website, by email to your email address on record with Positive News, or by post to the address on record with Positive News. Such notice will be effective if sent by email or posted on the Website, immediately from the date it was sent or posted on the Website. If sent by regular post, it will be effective three (3) calendar days after posting by Positive News.
For the purposes of these User Terms together with any other specific terms published on the Website, Positive News will mean Positive News and/or Positive News PUBLISHING LIMITED.
These User Terms form the entire agreement between you and Positive News and supersede any other oral or written communications, agreements or representations with respect to your use of the Website.
If any part of these User Terms is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected. You acknowledge that Positive News has entered into these User Terms for its own benefit.
Other than Positive News, a person who is not a party to these User Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these User Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
Nothing in these User Terms will be construed as creating a partnership, joint venture or agency relationship between you and Positive News. If Positive News or any contractor of Positive News is unable to perform any obligation under these User Terms because of a matter beyond its reasonable control, including (but not limited to) fire, flood, explosion, war, civil disorder, industrial disputes (whether or not involving its employees), or other disasters or governmental laws and regulations imposed after the fact, or events beyond the reasonable control of Positive News or the Positive News contractor, neither Positive News nor any Positive News contractor will have any liability for that failure to perform.
No waiver by Positive News of a breach of any provision of these User Terms will be considered to be a waiver of any prior or subsequent breach of the same or any other provisions and no waiver will be implied by Positive News taking or failing to take any other action.
Your use of the internet is solely at your risk and subject to all applicable laws, and Positive News has no responsibility for any information, software, services or other materials accessed or obtained by you using the internet.
These User Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales in relation to all matters arising out of or in connection with these User Terms (including non-contractual disputes or claims), although we reserve the right to bring proceedings against you for breach of these User Terms in your country of residence or any other relevant country.
Positive News is a responsible publisher and we work hard to achieve the highest standards of editorial content.
If you have a complaint about our editorial content, you can email us at [email protected] or write to Complaints Manager, Positive News, 24 Greencoat Place, London, SW1P 1RD.
We will endeavour to acknowledge your complaint within two (2) working days and we aim to correct substantial errors as soon as possible.
Some of the content we create at Positive News is paid for by trusted third parties. This content can take a variety of forms, but it will typically be labelled with one of the labels listed below so that you can identify where this is the case, understand how the content has been created and be clear on the extent of the third party’s involvement.
“Supported by”
This term is used to describe content which is wholly or partly funded by a trusted third party. The content is written by our editorial teams in collaboration with the third party, who will have the right to approve the content and suggest amendments. The partner may approach us with ideas and themes for inclusion, which are discussed with our editorial teams. Our editorial teams are not obliged to accept a partnership arrangement and will only do so where they decide that the proposed partnership does not compromise their editorial integrity.
“Promotional Feature”
This term is used to describe advertisement features, the content of which is paid for and controlled by the advertiser, or jointly controlled with Positive News. This type of content is created by our commercial teams in collaboration with the advertiser, who will have the right to approve the content and suggest amendments. The content is subject to the regulation of the Advertising Standards Authority, the UK’s independent regulator of advertising across all media.
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