LAST WORD MEDIA (UK) LIMITED
CONDITIONS OF CONTRACT
Subscription Terms and Conditions for individual subscribers to International Adviser
This legally binding agreement (“Agreement”) is made between Last Word Media (UK) Limited and the individual (“you”) identified in the order confirmation on the international-adviser.com website.
This Agreement includes the terms and conditions set out below and incorporates by reference Last Word’s Privacy and Cookie Policy and Website terms and conditions, together with any disclaimers, guidelines or other terms posted on the relevant web page(s) of the Website or included in other material that form part of your subscription.
- Introduction
1.1 These are the terms and conditions on which International Adviser agrees to provide you with online access to International Adviser to which you have subscribed. By subscribing to and accessing International Adviser, you agree to these terms and conditions. If you do not agree with these terms and conditions you should not subscribe.
1.2 References in these terms and conditions to “International Adviser” (or “we”, “us” or “our”) are to Last Word Media (UK) Ltd (Fleet House, 1st Floor, 59-61 Clerkenwell Road, London, EC1M 5LA. UK Company Reg. No. 05573633. VAT. No. 872 411 728.). If you need to contact us please email subscriptions@lastwordmedia.com.
1.3 When subscribing to our product(s) you must provide us with accurate and complete information (including payment details, contact and other information) and it is your responsibility to update and maintain changes to that information through your user account. We are entitled to rely on any information you provide to us. All information received by us about you as a result of your subscription or your access to and use of International Adviser will be used by Last Word in accordance with our Privacy and Cookie Policy.
Please read the Privacy and Cookie Policy links for further information about how we may process such information, including your personal data.
- Your Subscription
2.1 Contract with Last Word Media (UK) Ltd. By submitting your payment and other subscription details you are making an offer to Last Word Media (UK) Ltd to buy a subscription to International Adviser. Your offer will be accepted by us and a contract formed only when we have received your payment details at which point we will confirm your subscription (by sending you a confirmation email to the email address you have given us) and provide you with access to (and if applicable, deliver to you) the relevant International Adviser materials for a subscription period of 12 months. If we are unable to accept your order, we will inform you of this and will not charge you for the subscription. This might be, for example, because your name appears on the HM Treasury consolidated list of asset freeze targets.
2.2 Payment details. You must provide us with complete and accurate payment information and details including your geographical location. By doing this, you are representing to us that: you are entitled to purchase the subscription; that you are not subject to any trade sanction; and that we may use such payment information and details in order to pay for the subscription (and for us to process such payment) throughout the period of your subscription. You repeat this representation to us when, during the period of your subscription, you need to update your payment details where, for example, your card or other payment method expires or when you change your geographical location. If you are entitled to a refund under these terms and conditions we will credit that refund to the card you used to submit payment (unless it has expired, in which case we will contact you). If at any time we do not receive payment or your payment authorisation subsequently expires or is cancelled, we may immediately cancel your access to International Adviser in accordance with section 4 below.
- Pricing
3.1 Price. The price you pay for your annual subscription (and the currency in which you pay) will be stated on the relevant web page of the Website from which you began the subscription ordering process. Such price will be re-confirmed to you as part of the ordering process. It is your responsibility to pay any charges that might be applied by your bank or payment provider in paying for your subscription, including in relation to any currency conversion required. Subject to these terms and conditions, in return for us making the relevant International Adviser materials available to you, you agree to make the payments notified to you at the time of your purchase.
3.2 Incorrectly stated prices. While we try to ensure that all prices we display and quote are correct and accurate, errors may occur and, if they do, we will notify you of the mistake. If we incorrectly state a price, we are not obliged to provide you with a subscription at that price. If we do notify you of such a mistake, even after having accepted your offer to buy the subscription at the incorrect price, you may either pay the correct price or you can cancel the subscription (see section 5 below) in which case we will then refund any money you have paid us that relates to the unexpired portion of your subscription. If you do neither of these things then we shall be entitled to cancel or suspend your subscription.
3.3 Taxes and Customs. Unless otherwise indicated, the prices we state for our subscriptions are exclusive of VAT (or other similar sales tax) which, if applicable, must be paid in addition.
- Renewals
4.1 You acknowledge and accept that this subscription contract will automatically renew in accordance with clause 4.2 below. We shall be entitled to increase the subscription fee by an amount equal to the then current Retail Prices Index with effect from each Renewal Date (as defined in clause 4.2). Should any price increase above this amount be proposed we shall provide you with 90 days’ prior written notification of the same.
4.2 Your subscription shall automatically renew on each anniversary of the date of the Order Confirmation (“Renewal Date”) unless and until we receive at least 60 days’ prior written notification from you in advance of the next Renewal Date.
5 Cancellation: by you.
5.1 You have subscribed for an online subscription, by placing your order, you are requesting and agreeing that we may start your subscription, and provide you with access to the relevant International Adviser materials as soon as possible following our acceptance of your order. Please note that you have 14 days after the day we email you to confirm we accept your order to change your mind and cancel your subscription, provided that you have not accessed International Adviser materials during that 14 day period. If you do access International Adviser materials within the 14-day period, you acknowledge that you are not entitled to a refund if you then change your mind and cancel your subscription.
5.2 Ending your subscription early because of something we have done or are going to do: If you are ending your subscription for one of the following reasons, the Agreement will end immediately and we will refund you in full for any part of your subscription that has not been provided. The reasons are: (a) we have told you about an upcoming significant change to your subscription or these terms and conditions to which you do not agree (see section 4); (b) we have told you about an error in the price or description of the subscription you have ordered and you do not wish to proceed; (c) there is a risk that supply of the subscription may be significantly delayed because of events outside our control; or (d) we have suspended the supply of International Adviser for technical or other reasons, or we notify you that we are going to suspend them for such reasons, in each case for a period of more than 30 days.
5.3 Except as specifically provided for in any other provision of these terms and conditions, your subscription may only be cancelled by you with effect from the expiry of your current subscription period. You may provide us with 60 days’ prior written notice in advance of your current subscription expiring but the cancellation will not take effect until the end of your current subscription period.
You can cancel your subscription by contacting us at subscriptions@lastwordmedia.com stating that you wish to cancel your subscription and including in your email your name and subscription reference number(s). Alternatively, you can call our customer service helpdesk on +44 (0) 20 7382 5981.
- Cancellation: by Last Word Media (UK) Ltd.
6.1 Last Word Media (UK) Ltd reserves the right to cancel your subscription if you do not make payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due.
Separately, we may cancel your subscription on giving you at least 30 days’ notice in writing where we cease to provide (or to be able to provide) International Adviser to which you have subscribed (where we cease publishing the relevant International Adviser materials or no longer own such International Adviser materials or have the right to make them available), or in the unlikely event that we cease to provide subscription services. If we cancel for any of these reasons then we will refund you any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.
- Suspension: by Last Word Media (UK) Ltd7.1 If you do not pay for International Adviser materials when you are required to and you still do not make payment to us within 7 days of us reminding you that payment is due, we may suspend your subscription until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the International Adviser materials for this reason.
We may also suspend the supply of product to you: (a) to deal with technical problems or make technical changes; (b) to update International Adviser materials to reflect changes in relevant laws and regulatory requirements; or (c) to make changes to International Adviser materials as notified by us to you. We will contact you in advance to tell you we will be suspending supply of International Adviser materials, unless the problem is urgent or an emergency or where we do not have a correct address for you. If we have to suspend the supply of International Adviser materials for longer than 30 days in any 12-month period we will either adjust the price so that you do not pay for your subscription during the period when provision of International Adviser materials is suspended or we will extend the period of your subscription to cover the period when the provision of International Adviser materials was suspended (at no additional cost).
You may contact us to end your subscription if we suspend provision of the International Adviser materials, or tell you we are going to suspend them, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for International Adviser materials in respect of the period after you end your subscription.
- Your subscription is personal.
8.1 Your subscription is personal to you and you may not share with, give, licence or transfer to, any other person any of your rights or entitlements under this Agreement (including to access and/or use International Adviser materials under your user account using your password . You agree to take responsibility for all access to and use of all International Adviser materials that occurs under your user account and to prevent unauthorised use of it. Without further obligation to you, we may cancel or suspend your access to International Adviser Materials if you share your user account details. If you believe that your user account is being used by anyone else you should inform us immediately via subscriptions@lastwordmedia.com. We reserve the right at any time to verify and/or validate that you are a personal subscriber to our products and that you are accessing and using International Adviser Materials for your own personal use. Should you and your organisation need multiple access for individuals to International Adviser – please contact us on subscriptions@lastwordmedia.com
- Your use of International Adviser Materials
9.1. Last Word Media (UK) Ltd hereby grants you a non-exclusive, non-transferable right to access and use International Adviser materials for your own personal, non-commercial purposes during the period of your subscription. You shall not: a) create derivative works of the International Adviser materials (including any translation); b) remove, obscure, or change: an author’s name or affiliation; Last Word’s or its licensor’s copyright notices, policies, disclaimers, terms or other means of identification; c) systematically download or print any part of International Adviser’s materials; d) knowingly permit any third party to access or use International Adviser materials; e) include, mount or distribute any of International Adviser Materials in other works (other than legally permitted quotations with an appropriate citation); or f) use or distribute International Adviser’s materials for commercial use.
9.2 We may make changes to International Adviser materials and to the way these are made available to you to reflect changes in the law and regulatory requirements, to implement minor adjustments or improvements (for example to address a security threat), or for financial, product safety, editorial or legal reasons. These changes will not affect your use of International Adviser Materials. If we need to make more significant changes to International Adviser materials and/or these terms and conditions other than those set out above (for example, because we have decided to make changes to format and/or ‘look and feel’ and/or the functionality and type of our delivery platforms) we will notify you.
9.3 You agree to comply with our Website terms and conditions (as may be updated by us from time to time) which apply in addition to and form part of this Agreement. The Disclaimers set out in the Website terms and conditions apply to International Adviser materials and you agree that your access to and use of International Adviser materials (or any of them) will be in accordance with, and subject to, the Website terms and conditions.
Please read the Website terms and conditions before placing your order for a subscription because they do and will continue to form part of the Agreement.
9.4 While Last Word Media (UK) Ltd will (i) use reasonable skill and care in developing International Adviser materials and in providing you with access to International Adviser materials as part of your subscription and (ii) use reasonable efforts to remedy any faults or errors of which we become aware, International Adviser materials are provided and made available to you via your subscription on an “as is” or “as available” basis. We make no promises in respect of the quality, completeness or accuracy of the information published. Unless we expressly state otherwise, all International Adviser materials are provided as a resource for your general information and use and are not (nor are they intended) to address your or any particular requirements. Our products are intended for use by financial advisers, however, it is your responsibility to make your own professional decisions and judgments and to independently verify any information that you may choose to rely upon in International Adviser materials.
9.5 International Adviser relies on authors, contractors and third party data providers to confirm the accuracy of information and advertisements contained in International Adviser materials and therefore Last Word Media (UK) Ltd cannot and does not warrant the accuracy of International Adviser materials (or any part of them). Readers should be aware that professionals in the field may have different opinions. Because of this fact and also because of continual changes in the financial markets International Adviser strongly recommends that all readers independently verify any information in the International Adviser materials that they chose to rely upon. Ultimately it is the reader’s responsibility to make their own professional judgements.
Opinions posted on any part of the Website are those of the individuals posting them and not the views of International Adviser
9.6 All International Adviser materials belong to Last Word Media (UK) Ltd or its licensors who own all intellectual property rights (including copyright) in International Adviser materials. No intellectual property rights in any International Adviser materials are transferred to you..
9.7 If Last Word Media (UK) Ltd terminates or cancels your subscription for breach of this Agreement by you as provided above, all rights to access International Adviser Materials shall cease.
- Our liability to you
Please read this section carefully – it makes clear to what extent, if any; Last Word Media (UK) Ltd accepts responsibility (liability) to you for your use of International Adviser Materials.
10.1 Last Word Media (UK) Ltd accepts no responsibility if you incur any loss or damage as a result of using International Adviser materials outside the scope of these terms and conditions. Nor does Last Word Media (UK) Ltd accept any responsibility in respect of any third party products or services referred to or linked to in any International Adviser materials.
10.2 Last Word Media (UK) Ltd will be responsible only for loss or damage that is reasonably foreseeable as a result of its breach of these terms and conditions or otherwise as a result of a breach of a legal duty of care owed to you, and Last Word Media (UK) Ltd total financial liability to you is limited to 115% of the price you have paid for your subscription.
10.3 Last Word Media (UK) Ltd is not responsible for, and is not liable to you if you suffer or incur, any loss as a result of matters beyond its reasonable control such as, by way of example (and not limited to), the provision or performance of public or private communications networks, internet services and/or connections, acts of god, industrial action, terrorist attack or threat. If, due to an event beyond our reasonable control, we are unable to provide access to International Adviser materials for a consecutive period of more than 28 days, you may cancel your subscription and we will refund any amounts that you have paid us in advance that relate to any remaining period of your subscription.
- General
11.1 Transferring Last Word Media (UK) Ltd’s rights and obligations. International Adviser may transfer its rights and obligations under this Agreement to another organisation upon notice to you.
11.2 Severability. Each of the provisions set out in this Agreement operates separately. If any court of competent jurisdiction determines that any of them are invalid, the invalidity will not affect the other provisions which shall remain in full force and effect (and construed accordingly to the extent necessary).
11.3 No waiver. If either party fails to exercise any right or remedy under this Agreement then such failure does not amount to a waiver of that right or remedy.
11.4 Entire Agreement. This Agreement constitutes the complete agreement between you and Last Word Media (UK) Ltd relating to your use of International Adviser materials.
11.5 Alternative Dispute Resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without having to go to court. If you are not happy with how we have handled a complaint, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution Procedure.
11.6 Law & Jurisdiction. This Agreement will be subject to English law and both you and Last Word Media (UK) Ltd agree that the courts of England will have non-exclusive jurisdiction to settle any dispute which may arise out of, or under, or in connection with this Agreement.
11.7 Questions & complaints. If you have any questions about your subscription, please contact us on +44 (0) 20 7382 5981 or email to subscriptions@lastwordmedia.com.