Terms & Conditions of Sale of Guitarbench Magazine Subscriptions
1.1 The following words and expressions shall have the following meanings unless the context otherwise requires:
“Commercial Gain” means Questor Services, a company registered in Singapore with registration number 53016984c;
“Contract” means Questor Services, a company registered in Singapore with registration number 53016984c;
“Customer” means the entity or individual which has accepted these Terms;
“Order Acceptance” means confirmation by the Company in writing (by email) that your order has been accepted;
“Site” means http://www.guitarbench.com/Magazine;
“Subscriptions” mean those subscriptions to the Company’s magazines and online magazine ordered by the Customer to be supplied by the Company pursuant to these Terms;
1.2 In these Terms
1.2.1 words in the singular include the plural meaning and words in the plural include the singular meaning; use of any gender includes the other genders;
1.2.2 headings are for reference only and do not affect the meaning or interpretation of these Terms;
1.2.3 references to any act, regulation, code of practice or statutory order shall be interpreted so as to include any change, re-enactment or extension of the act, regulation, code of practice or statutory order; and
1.2.4 any reference to “persons” includes natural persons, firms, partnerships, companies, corporations, associations, organisations, governments, states, foundations and trusts (in each case whether or not having separate legal personality).
2. Basis of contract
2.1 These Terms shall apply to the sale by the Company of all Subscriptions purchased by the Customer via the Site or telephone and these Terms shall govern each Contract to the exclusion of any other terms and conditions introduced or submitted by the Customer.
2.2 When you complete the order form on the subscription page of this Site and click “Make Payment”, or you post or telephone the Company with details of your order, you are making an offer to take out a Subscription which if accepted by the Company in accordance with these terms, will result in a binding contract.
2.3 Acceptance of the order and completion of the Contract shall take place on the date of the Company’s Order Acceptance.
3.1 If placing an order on-line your credit/debit card will be debited with the cost of the Subscriptions when the Company sends you an Order Acceptance unless the Company notifies you otherwise. The Company shall carry out the necessary card verification processes and check availability of the Subscriptions on receipt of the order from the Customer. In the event that the Company is unable to supply the Subscriptions for any reason, the Customer shall be informed as soon as possible with the option to order alternative Subscriptions. In the event that the Customer chooses not to order alternative Subscriptions then a full refund shall be given if payment has already been made.
3.2 Subject to clause 3.3 below, the price to be paid by the Customer is the price displayed on the Site at the time when the order is received by the Company.
3.3 In the event that the Company discovers an error in the price of the Subscriptions ordered by the Customer, the Company shall notify the Customer as soon as possible providing the Customer the option of either reconfirming the order at the correct price or cancelling the order. If the Company is unable to contact the Customer for the purposes of this clause 3.3, the order shall be deemed cancelled and where the Customer has already made payment for the Subscriptions this shall be refunded in full.
3.4 Payment can be made via paypal and it’s supported banking/credit/debit card facilities.
4.1 When ordering Subscriptions from the Site, an electronic file shall be made available to download. Any additional software or hardware requirements for downloading must be borne by the Customer; the Company has no control over these and cannot predict what they may be. Internet access policies vary widely from country to country, so the Customer should contact its local relevant government office for further information. Additionally, please note that when ordering from the Site, you are considered the importer of file and must comply with all laws and regulations of the country in which the Subscriptions are received.
4.2 Typically, the Company will commence the Subscriptions with the first available issue, as soon as on the date of the Company’s Order Acceptance.
4.3 Access to the online Subscription will be available within 1 week of the Company’s Order Acceptance.
4.4 Notwithstanding clause 4.2 above delivery dates are estimates only and time of delivery is not of the essence.
5. Contract cancellation
5.1 You may cancel your Subscriptions at any time during the Subscription by [written notice to the Company’s Subscription Department, the contact details of which are available on the Contract Details page of this Site. The Company will refund you the cost of the issues not yet issued provided that you cancel your Subscription in writing within three months of the date of the Company’s Order Acceptance. For the avoidance of doubt failure to cancel a Subscription in accordance with this clause 5.1 shall mean no further entitlement to a refund.
6. Risk and title of Subscriptions
6.1 Risk of damage to or loss of the Subscriptions shall pass to the Customer at the point of delivery to the Customer or on the date of first attempted delivery by the Company.
6.2 Ownership of the Subscriptions shall pass to the Customer when:
6.2.1 the Company has received in full and cleared funds all sums due to it in respect of the Subscriptions; and
6.2.2 the Subscriptions have been delivered to the Customer.
7. Warranties and liability
7.1 The Subscriptions are directed solely at those who access the Site from Singapore and the USA. The Company makes no representation that any Subscription is appropriate for use or available in other locations. Furthermore any Customer accessing the Site from locations outside of the above two countries is responsible for compliance with local laws if and to the extent local laws are applicable.
7.2 Nothing in these Terms excludes or limits the liability of the Company for death or personal injury caused by the negligence of the Company or any other liability which may not otherwise be limited or excluded under applicable law.
7.3 Subject to clause 7.2 and notwithstanding this clause 7, the Company’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by the Customer for the Subscriptions in respect of one incident or series of incidents attributable to the same clause.
7.4 To fullest extent permitted under applicable law any indemnities, warranties, terms and conditions (express or implied) are hereby excluded.
7.5 Subject to clause 7.2 above, the Company shall not be liable in contract, tort (including limitation negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms for any:
7.5.1 economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
7.5.2 loss of goodwill or reputation; or
7.5.3 special or indirect losses suffered or incurred by that party arising out of or in connection with the provision of any matter under these Terms.
8. Licence and Intellectual Property Rights
8.1 You are permitted to copy or print and download extracts from Subscriptions for your own use on the following basis:
8.1.1 no documents or related graphics in the Subscriptions are modified in any way;
8.1.2 no graphics in the Subscriptions are used separately from accompanying text; and
8.1.3 the Company’s copyright and trade mark notices and this permission notice appear in all copies.
8.2 Unless otherwise stated, the copyright and other intellectual property rights in all material contained on or in the Subscriptions (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from the Subscriptions other than in accordance with clause 8.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your Subscriptions will automatically terminate and you must immediately destroy any copied, downloaded or printed extracts.
8.3 Any rights not expressly granted in these terms are reserved.
9. Miscellaneous provisions
9.1 This Contract shall be governed by the laws of Singapore and any dispute will be resolved exclusively in the courts of Singapore.
9.2 The Company shall be under no liability for any delay or failure to deliver Subscriptions or otherwise perform any obligation as specified in these Terms if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
9.3 If any portion of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms shall not be affected.
9.4 These Terms do not create or confer any rights or benefits enforceable by any person that is not a party.
9.5 No delay or failure by the Company to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of the Company.
9.6 These Terms including the documents or other sources referred to in these terms and conditions supersede all prior representations undertakings and agreements between the Customer and the Company relating to the use of this Site (including the order of Subscriptions) and sets forth the entire agreement and understanding between the Customer and the Company.