This document outlines the rights and obligations for you and those of Subscriber Market Ltd ("we", "us", "Subscriber Market") in relation to Subscriber Market's website and the services offered through the website ("Subscriber Market Service"). Before registering for the Subscriber Market Service you must read and understand the Subscriber Market Account Agreement. When registering with us you accept that you are entering into a contract with us on the terms of this Agreement. You should be aware that this Agreement may change from time to time in accordance with Clause 15 below.
When you register with Subscriber Market you establish an "Account", and become an "Account Holder".
2 The Subscriber Market Service
The Subscriber Market Service allows Account Holders to browse a directory of retailers and click through to make purchases.
3 Obtaining an Account
You must be at least 16 years of age to obtain an Account. A person may have no more than one Account. You must be a resident of the UK, Northern Ireland, The United States or Canada to register for a Subscriber Market Account.
You must register for the Subscriber Market Service using accurate and current information about yourself. You should keep this information updated through your Account.
Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it - we will be sending you important messages there. If you change email address, then you must change the address we hold for you on your Account.
4 Intellectual Property
By uploading or including any material on the Subscriber Market Service, an Account Holder expressly grants:
a. to us a non-exclusive licence (including the right to grant sub-licences) to use, reproduce and distribute that material through the Subscriber Market Service and any other interactive services through which we or our sub-licensee make the Subscriber Market Service (or a service based on the Subscriber Market Service) available; and
b. to other Account Holders (through us, under the licence referred to in a. above), the non-exclusive, personal, non-transferable right to view the relevant material.
You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Subscriber Market Service (including the material which is contributed by Account Holders or others) are owned by, or licensed to, us. No-one may copy, distribute, show in public or create any derivative work from the Subscriber Market Service, or any of the material which is found on the Subscriber Market Service unless properly licensed to do so by us.
Given the global nature of the World Wide Web, please note that a posting on the Subscriber Market Service may be accessible to internet users around the world.
6 Our Role
Subscriber Market is not a party to any transactions with retailers, and is not the seller or supplier of, and does not endorse, any of the goods or services that they make available. Thus we do not have any of the legal obligations that apply to the sellers of those goods or services.
Accordingly, we have no control over or responsibility for:
a. the quality, safety, or legality of the goods or services available from retailers; or
b. whether the retailer can or will supply and pass good title to any goods or services.
To the extent that the law permits, you release us, our agents and employees from all liability arising out of or in connection with any transactions with retailers, including (without limitation) all claims and demands relating to transactions (whether completed or uncompleted) with retailers, or goods or services offered for sale or supply, or actually sold or supplied, through or in connection with any transactions with retailers.
We reserve the right to suspend or terminate any Account Holder's access to the Subscriber Market Service, or parts of it, if in our reasonable view the relevant Account Holder or Account appears to be in breach of any provision of this Agreement.
An Account should be used only for purchases on the Account Holder's own behalf, and not on the behalf of, any other person(s).
Account Holders must not enter into, or attempt to enter into, any transaction with a retailer (a) by providing the personal information of someone else, or a payment method which they are not entitled to use, (b) by deceptively or unfairly exploiting an offer, (c) returning items to retailers (unless faulty) or (d) in breach of any terms and conditions applied by Subscriber Market to that offer.
8 Contact from third parties
If anyone contacts us in relation to material or transactions associated with you or your Account, then you agree:
a. to provide all reasonable information and assistance we may require in connection with responding to that contact; and
b. to respond promptly and accurately to it, should we pass the message to you for a response.
9 Additional services
We, or our partners, may offer new or additional services through the Subscriber Market Service from time to time. Your use of those services may be subject to additional terms and conditions, which you must comply with. Provided that those terms are notified to you in an appropriate manner (as determined by us in our reasonable discretion) when you agree to take those services, any failure by you to comply with a material provision of the terms governing those services will amount to a breach of this Agreement.
10 Operation of the Subscriber Market Service
We reserve the right to withdraw, modify or suspend aspects of the Subscriber Market Service, or the entirety of it, where we have legal, security, technical or commercial reasons to do so. We will endeavour to give you 30 days advance notice before taking such action, except where it is necessary to take earlier action for security reasons or because of technical difficulties which would otherwise adversely affect the Subscriber Market Service. There may also be times when the Subscriber Market Service becomes inaccessible as a result of technical difficulties experienced by Subscriber Market; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to the Subscriber Market Service or any of the content that appears on it.
Nevertheless, we will strive to ensure that any periods of planned unavailability, which you will be informed of when you access the Subscriber Market Service at the relevant time, are kept to a minimum.
For security or other reasons, we may require you to change password or other information which facilitates access to the Subscriber Market Service. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.
We warrant that the Subscriber Market Service will be provided with reasonable care and skill with the intention of meeting our specifications for the Subscriber Market Service, but we cannot and do not guarantee that the Subscriber Market Service will meet your requirements.
a. Subscriber Market shall be liable as expressly provided in this Agreement, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise.
b. Nothing in this Agreement excludes or restricts our liability for death or personal injury resulting from our negligence.
c. Subscriber Market shall be liable for direct loss or damage only, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise, and whether caused by its act or omission or that of its employees, agents or subcontractors. Subscriber Market's aggregate liability during any successive period of twelve months, the first of which shall be deemed to begin on the date when you obtain your Account, shall be limited to £5 (five pounds sterling).
d. We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
e. for any loss of revenue, business, anticipated savings or profits, or
f. for any indirect, special or consequential loss, damage, costs or other claims, howsoever caused or arising, whether through non-supply or late supply of the Subscriber Market Service or other non-performance of this Agreement or otherwise.
g. Except as expressly stated elsewhere in this Agreement, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
h. For the avoidance of doubt, Subscriber Market will not have liability to you or any other person in respect of material contributed by Account Holders, or any activity or communication relating to such material or transactions.
i. The provisions of this Clause 11 shall survive the termination or expiry of this Agreement
You agree upon demand to indemnify Subscriber Market against and to be wholly responsible for all liabilities, claims and expenses that may arise out of or in connection with (a) any breach of this Agreement by you or through your Account, or (b) any transaction with a retailer.
We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement, but will not do so in such a way as to reduce any guarantees you are given under this Agreement. You may not without the written consent of Subscriber Market assign or dispose of this Agreement, nor subcontract any of your rights and obligations under it.
14 Entire Agreement
This Agreement is intended to contain your entire agreement with us relating to the Subscriber Market Service; we believe it to be fair and reasonable.
15 Changes to this Agreement
We reserve the right to change this Agreement from time to time, and post the new version on the Subscriber Market Service. When we do so, we will post the new version of the Agreement on the Subscriber Market Service, and the new version of these terms and conditions will take effect, and will govern the Subscriber Market Service and your relationship with us:
a. commencing no less than 30 days after the date of posting (or such later date as we indicate in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Subscriber Market Service; or
b. immediately upon the date of posting (or such later date as we indicate in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to contact details referred to, or the refinement of provisions that are already included, in this Agreement.
In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. You and Subscriber Market are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
This Agreement, and our relationship with you and each Account Holder, is governed by the laws of England and Wales.
You and we each submit to the non-exclusive jurisdiction of the English courts in relation to disputes arising in connection with this Agreement.
18 Keeping this Agreement
We don't separately file the individual Agreements entered into by Account Holders when they register for the Subscriber Market Service. It is offered in English only.
We are Subscriber Market Ltd, and our address for correspondence and queries is Subscriber Market Ltd, 24 Cromwell Road, Blackpool, lancashire, FY1 2QQ. We are a company registered in England and Wales under registration no. 11804682. Please note that all communications (including formal notices) under this Agreement are to be sent and received by email. For this purpose, we will send our notices to you at the email address (email@example.com) you notify to use when you register as an Account Holder, as changed subsequently in your Account details.