TERMS AND CONDITIONS OF SALE FOR THE PURCHASE OF A BUSINESS CONTINUITY & RESILIENCY JOURNAL SUBSCRIPTION
1) You are entering into a contract to purchase an annual subscription to the Business Continuity & Resiliency Journal.
2) Under normal circumstances we will start delivering your Journal to you automatically by email as soon as you pay for your subscription. If for some reason you do not receive your initial email please inform us and we will provide delivery within seven days of being informed by you. Delivery means providing access to our archive of past issues and adding you to our distribution list for future issues and papers.
3) We will confirm the full price, including any tax, to you before you make your payment.
4) You can cancel your order within seven days of the original payment. If you cancel your order within the seven day window, you will have your payment returned and you must delete any information received from us, including PDF copies of the Journal held on any data system owned by yourself. If at any time you are not completely satisfied, you may request a refund of any unused portion of your subscription (a small admin fee applies). Upon receipt of any refund request, your password and user name will be deleted by us and you will no longer be able to access the subscriber website.
1.1 "Buyer" means the individual, business or organization who buys or agrees to buy the Services from the Supplier;
1.2 "Contract" means the contract between the Supplier and the Buyer for the provision of Services incorporating these Terms and Conditions;
1.4 "Services" means the services that the Buyer agrees to buy from the Supplier;
1.5 "Supplier" means Portal Publishing Ltd, PO Box 1393, Huddersfield, HD1 9TN, England
1.6 "Terms and Conditions" means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.7 "Website" means http://www.businesscontinuityjournal.com
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights.
2.2 These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.4 Any complaints should be addressed to the Supplier's address stated in clause 1.5.
2.5 Nothing in these Terms and Conditions shall be taken to confer any rights under the UK Contracts (Rights of Third Parties) Act 1999.
3.1 All orders for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described on http://www.businesscontinuityjournal.com/subscribenow.html
4 PRICE AND PAYMENT
4.1 The price of the Services shall be that stipulated on the Website.
4.2 The total purchase price, including VAT, if any, will be confirmed to the Buyer prior to confirming payment being made.
4.3 After the order is received the Supplier shall confirm by email the details, description and price for the Services.
4.4 Payment of the price plus VAT, if applicable, must be made before the Services will commence.
4.5 Refunds are available solely at the discretion of the Supplier.
5.1 The Supplier shall deliver the Service within seven days of payment being made except in exceptional circumstances. If delivery is not made within seven days the Buyer has the right to cancel the order and receive a full refund.
6 RIGHTS OF SUPPLIER
6.1 The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
6.2 The Supplier reserves the right to withdraw the Services from the Website at any time.
6.3 The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.
7 LIMITATION OF LIABILITY
7.1 In the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
9 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, flood or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
11 CHANGES TO TERMS AND CONDITIONS
11.1 The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
11.2 Any renewal of the Services will be subject to the Supplier's then current Terms and Conditions.
11.3 Notification of changes to these Terms and Conditions will be made within the Buyer's account.
12 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Date of this version: 29th March 2013