Additional terms for purchasers of subscriptions

23 May 2015

Introduction

  1. These Additional Terms are additional terms and conditions which apply to purchasers of digital and print subscriptions from https://www.tes.com/store (“Tes”) and https://www.timeshighereducation.com/store (“THE”), (collectively known as the “Related Websites” for the purposes of these Additional Terms), and should be read in conjunction with the General Terms and Conditions (“General Terms”). The terms set out below govern the supply of digital and print subscriptions on Tes and THE under a subscription contract (herein referred to as the “Subscription”).
  2. Please read both these Additional Terms and the General Terms carefully before ordering any Subscription from Tes and/or THE. By using TES, or THE and/or any of the other Websites or Services, you agree to the General Terms and any Additional Terms applicable, including these Additional Terms. Capitalised terms used but not otherwise defined in these Additional Terms have the meaning given to them in the General Terms.
  3. These Additional Terms and the General Terms (and any additional agreements referred to or contemplated in these Additional Terms) represent the entire agreement between Us and you. In the event of a conflict of the General Terms, the terms of these Additional Terms shall prevail over General Terms.
  4. Without prejudice to our powers under the General Terms, you agree that we at our sole discretion, without notice to you, may: (i) terminate or amend the General Terms or these Additional Terms and/or any user’s account; and/or (ii) preclude any user’s access to the our Website(s) (or any part thereof), and seek any other lawful remedy available.

Eligibility

  1. By placing an order for a Subscription on any of the related Websites, you warrant that you are
    1. legally capable of entering into binding contracts, and;
    2. over the age of 18 years.

Types of subscriptions and what is included 

  1. Each publication or service we offer has different subscription options and therefore you should check The particulars of that subscription available on the Related Websites, from time to time, which details its price, payment terms, and period of access (“The Particulars”).
  2. Each subscription/access right is personal to the subscriber, and is a non-exclusive, non-transferable right of access from the date of Subscription. Save where The Particulars detail otherwise.
  3. For print subscriptions these will be delivered to your nominated address, based on the number of issues stated on the subscription page, for the period defined in The Particulars with the current issue at the point of contract, unless otherwise agreed in writing. we will make every effort to deliver print goods within 5 days of each publication, but cannot be held responsible for postal or customs delays. Non-print delivery will occur once your order has been accepted, and made available via such media as are available from time to time.
  4. No subscriptions may be purchased by an individual at the individual rates, on behalf of an institution, company, organisation, corporation, or any other legal entity.
  5. For certain online subscriptions, subscribers may need to download additional apps via online stores, or otherwise acquire the rights to use appropriate reader software.
  6. Tes Global Ltd reserves full editorial control over our publications and services and reserves the right to make changes, including but not limited to, the right to remove content which may be or become contentious, complained about or unlawful, and includes the look, feel and functionality of our publications and services.

Price and Payment

  1. Your order represents an offer to Tes Global Limited to purchase a Subscription. After placing your order, you will receive an email for us acknowledging receipt of your order.  Please note that this does not mean that your order has been accepted.  Tes Global Limited reserves the right at any time after receipt of your order up until the first magazine is dispatched to decline your order for any reason. Only at this point has a binding contract been formed between you and us. As the Subscription is for the supply of magazines and periodicals there is no right to cancel the agreement.
  2. The price of the Subscription will be as quoted on the Website from time to time, except in the case of obvious error. Prices are liable to change at any time, but changes will not affect existing contracts and orders, which we have accepted in accordance with the process outlined above.
  3. Please note The Particulars of your Subscription for full details of your price, payment terms and Renewal Term.
  4. If the Website contains incorrect information, or a Subscription is listed at an incorrect price, due to typographical errors or an error in pricing information, Tes Global Ltd shall not be under any obligation to provide the products to you at the incorrect price, even after we have accepted your order, if the pricing error was obvious to a reasonable person. If payment has already been taken for the purchase and your Subscription is cancelled, Tes Global Ltd shall immediately issue a credit or refund in the amount of the incorrect price. Alternatively Tes Global Ltd will give you the option of reconfirming your order at the correct price.
  5. Payment can be made by credit or debit card, or by Direct Debit. Tes Global Ltd will deduct the appropriate amount from your credit or debit card, or nominated bank account, when you place the order.
  6. Where payments by Direct Debit have been delayed or disrupted for any reason you authorise us to take an additional payment of an equal amount as soon as is reasonably possible to ensure your account is brought up to date.

Term and Renewal

  1. The Subscription shall commence on the date we send the confirmation to you and shall continue in full force and effect for an initial period of, as defined in The Particulars, commencing: on the date of dispatch of the first publication covered by the Subscription you order (the "Initial Term").
  2. On expiry of the Initial Term (and on every successive expiry of any Renewal Term) the Subscription shall renew automatically for an additional period, which shall be of the same length of time as the Initial Term, unless and until terminated in accordance with the following paragraph (each a "Renewal Term").
  3. Either party may terminate the Subscription on expiry of the Initial Term or Renewal Term (as appropriate) by giving the other party written notice of termination, a minimum of 14 days prior to expiry of the Initial Term or the then current Renewal Term. To terminate your Subscription please contact us on our UK helpdesk contact number +44(0)203 194 3164.
  4. Nothing in the forgoing shall remove your right to cancel during any Trial Period, as detailed in The Particulars.

Refunds Policy

  1. By proceeding with any purchase of a Subscription(s), you accept and acknowledge that you shall have no right to cancel your purchase, withdraw from, or terminate, your contract with us during the Initial Term, save for 14 days from first delivery of the product detailed in The Particulars to You.
  2. You agree that delivery of digital only subscriptions shall be deemed to have happened immediately upon the digital product having been made available for download by you. All sales shall otherwise be final and no refunds will generally be available.
  3. Notwithstanding the foregoing policy, we may grant refunds in exceptional circumstances at our sole discretion. If you wish to discuss an exceptional refund please contact us on our UK helpdesk contact number +44(0)203 194 3164 or at membership@tes.com or membership@timeshighereducation.com.

Customs & Taxes

  1. Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
  2. When you are ordering a publication for delivery overseas, you may be subject to import duties and taxes, or other charges, which are levied once the package reaches the specified destination or otherwise. Any additional charges must be borne by you. We have no control over these charges and cannot predict what they may be.

Placing an order for a Subscription on the Related Websites

  1. Your order represents an offer to Tes Global Ltd to purchase a Subscription. After placing Your order, you will receive an email from us acknowledging receipt of your order. Please note that this does not mean that your order has been accepted. Tes Global Ltd reserves the right at any time after receipt of your order, up until the first digital and/or print edition is delivered, to decline your order for any reason. We will confirm acceptance of your order by sending you an email confirming that your first digital and/or print edition is made available. Only at this point has a binding contract been formed between you and us.
  2. To place an order for a Tes or THE product subscription please visit the Related Websites.
  3. If you exit the sign-up process prematurely, the completion and fulfilment of your order cannot be guaranteed.

Restrictions of use

  1. Except where specifically or expressly stated in these Additional Terms, General Terms, or The Particulars, you are otherwise prohibited from reproducing, transmitting, displaying, printing, copying, distributing, or selling materials retrieved from your Subscription with us.

Disclaimers and limitations of liability

  1. Tes Global Ltd try to ensure that our Websites are available for 24 hours per day, 7 days per week, other than for short periods of down time due to, but not limited to, Website maintenance, among other things. However we do not warrant that at other time our Websites will be available. We will not be liable to you for damages or refunds should our Websites become unavailable or access to our Websites becomes slow or incomplete due to, but not limited to, system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make the any of our Websites inaccessible to you.

Third Party Rights Exclusion

  1. No party, save for the owners of any intellectual property supplied by us, who is not party to this contract, may enforce the terms of the contract between you and us and therefore we hereby exclude the provisions of the contracts (Rights of Third Parties) Act 1999.