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Terms
last updated May 2023
Overview
Please read these terms of use (“Terms”) carefully before using this website as they will apply to your use of the website.
1. About Us
Tempus Magazine and tempusmagazine.co.uk are owned and operated by Vantage Media Limited (“Vantage”). Vantage is registered in England under company number 11617616. Our registered office is at 15 Belgrave Square, London, SW1X 8PS.
2. These Terms
2.1 These Terms (together with the documents referred to in them) tell you the terms on which you may use the website. By using the website, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, we do not give you permission to use the website and you must not continue to do so. We recommend that you print a copy of these Terms for future reference.
2.2 The following additional terms also apply to your use of the website and are, where relevant, incorporated into these Terms by reference:
2.2.1 Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
3. Accessing the Website
3.1 You are responsible for making all arrangements necessary for you to have access to the website and for ensuring that your computer equipment is compatible with the website. You are also responsible for ensuring that all persons who access the website through your internet connection are aware of these Terms, and that they comply with them.
3.2 Access to the website is not intended for those under the age of 16. If you are under the age of 16, please do not use, register with or provide any personal information to the website. By accessing and using the website, you confirm that you are at least 16 years old.
3.3 We do not guarantee that content available on or through the website is appropriate or available outside the United Kingdom. We may limit the availability of the website or any service or product described on the website to any person or geographic area at any time. If you choose to access the website from outside the United Kingdom, you do so at your own risk.
3.4 If you register with the website, you must treat any password you choose or are given as confidential and you must not disclose it to any other person. If you have reason to believe that someone else knows your password, you must notify us without delay using the contact details in paragraph 14 below.
4. Submitting content to the Website
4.1 User content is any content submitted to us for the purpose of publication on the website (including in any public forum we may provide) or in our printed publications. All user content you submit will be treated as non-confidential and may be visible to other registered users as well as to unregistered visitors to the website, so please do not submit any information about yourself which you would not wish to make public. (For the avoidance of doubt, user content does not include any other correspondence between you and us.)
4.2 Whenever you make use of a feature that allows you to submit user content to the website, you:
4.2.1 confirm that you accept these Terms and agree to our Privacy Policy
4.2.2 confirm that any user content submitted by you is your own original work and does not infringe any copyright, database right, trade mark or other intellectual property rights of any other person;
4.2.3 grant us a royalty free, non-exclusive, perpetual, irrevocable, transferable worldwide licence to publish that user content on the website and in our printed publications and to permit third parties to do so; and
4.2.4 agree that you will be liable to us and indemnify us fully for any breach of paragraph 4.2.2 above (which means that you will be responsible for, and must compensate us fully for, any loss or damage we suffer as a result of the submission by you of any user content that is not your own original work).
4.3 Although we may publish user content submitted by you, we shall be under no obligation whatsoever to do so and all publishing decisions shall be exercised by us in our sole discretion.
4.4 You must not use the website:
4.4.1 to transmit any material that is obscene, offensive, hateful, inflammatory, defamatory, threatening or otherwise objectionable, or which abuses or invades another’s privacy, or causes annoyance, inconvenience or needless anxiety, or which is likely to harass, upset, embarrass, alarm, bully or annoy any other person;
4.4.2 for the purpose of harming or attempting to harm minors in any way;
4.4.3 for the purpose of disparaging any other person or their business, products or services;
4.4.4 to transmit spam or unsolicited commercial content to any users of the website; to offer, market or promote any game, prize, promotion or competition contrary to any applicable legislation;
4.4.5 to transmit any material that contains or promotes sexually explicit material or activities;
4.4.6 to transmit any material that promotes violence;
4.4.7 to transmit any material that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
4.4.8 to impersonate any person or entity or to falsely claim or imply an affiliation with any person or entity or to transmit any material that is likely to deceive or mislead any person;
4.4.9 in any way which breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
4.4.10 in any way which promotes any illegal activity;
4.4.11 in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the website or any operating system;
4.4.12 in any way which infringes our intellectual property rights or those of any third party;
4.4.13 in any way which damages or risks damaging our goodwill, brand or reputation;
4.4.14 in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
4.4.15 to collect or harvest any information or data from the website or our systems or attempt to decipher any transmissions to or from the servers running the website.
4.5 Once you have submitted user content to us, you may be unable to recall or delete it except in limited circumstances. If you are unable to edit or delete user content you have submitted, please contact us through our contact form below or by using our contact details in paragraph 14 below.
4.6 The views expressed by other users of the website do not represent our views or values. We have the right to promptly remove, or disable access to, or refuse to upload, any user content which we deem to be, or which is notified to us as being, potentially defamatory of any person, unlawful, in violation of any third party rights or in contravention of these terms of use. We have the right to delete any user content for any reason.
5. Notice and take down policy
If you wish to complain about any user content posted on the website by a third party, or any other content which appears on the website, please contact us through our contact form or by using our contact details in paragraph 14 below. Please precisely identify the content about which you are notifying us, including the page of the website on which it is posted. You should also provide us with full details of your complaint and, if you are alleging copyright infringement, evidence that you own the copyright. We will then review the material and decide what action should be taken, if any. We will deal appropriately with any content which, in our opinion, is in breach of these Terms. We will endeavour to inform you of the outcome of our review, if appropriate, within a reasonable time of receiving your complaint.
6. Suspension and termination of your access to the website
6.1 We may suspend indefinitely or terminate your right to use the website and/or any account you may have with us at any time without notice or liability to you if:
6.1.1 you breach the spirit or the letter of these Terms or we have reason to believe that you may have breached the spirit or the letter of these Terms; or
6.1.2 we have reason to believe that your account, or any of your account details, have been compromised in any way; or
6.1.3 we are required, or have reason to believe that we are required, to do so by any law or regulation.
6.2 Termination of your right to use the website and/or any account you may have with us for whatever reason shall not affect the accrued rights of the parties arising in any way out of these terms of use as at the date of termination and in particular but without limitation the right to recover damages from the other.
6.3 In the event of the termination of your right to use the website and/or any account you may have with us for any reason, you shall not seek to use the website and/or create a new account on the website (as applicable) without our written consent.
7. Our intellectual property
7.1 You acknowledge and accept that you have no rights in any intellectual property owned by us or our licensors and that you do not acquire any ownership rights by virtue of your use of the website.
7.2 You may print off one copy, and may download extracts, of any page(s) from the website for your personal use and you may draw the attention of others within your organisation to content posted on the website.
7.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
7.4 Our status (and that of any identified contributors) as the author of content on the website must always be acknowledged.
7.5 You must not use any part of the content on the website for commercial purposes without obtaining a licence to do so from us or our licensors.
7.6 If you print off, copy or download any part of the website in breach of these Terms, your right to use the website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8. Disclaimers and limitation of liability
8.1 Nothing in these Terms shall limit or exclude our liability for: death or personal injury caused by our negligence, or the negligence of our employees, agents, representatives or sub-contractors; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited under English law. The further provisions of this paragraph 8 shall be subject to this paragraph 8.1.
8.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the website or any content on it, whether express or implied.
8.3 We will not be liable to you or any other user for any loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, or loss of business opportunity, goodwill or reputation, or any other direct, indirect or consequential loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
8.3.1 your use of, or inability to use, the website; or
8.3.2 your use of, or reliance on, any content displayed on the website, provided that nothing in this paragraph
8.3 shall prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not expressly excluded by this paragraph 8.
8.4 In particular, we draw your attention to the following:
8.4.1 You acknowledge that the website has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the website meet your requirements. Furthermore, we will not be liable to you if you are unable to access or use the website using your particular computer or mobile devices.
8.4.2 We provide the website free of charge. Access to the website is permitted on a temporary basis. We do not guarantee that the website or its content will always be available or uninterrupted and we may suspend, withdraw, discontinue or change all or any part of the website without notice. From time to time, we may also restrict access to some parts of the website, or the entire website, to all users and, if the need arises, we may close the website indefinitely. We will not be liable to you for any loss or damage you may suffer if, for any reason, the website is unavailable at any time.
8.4.3 The content on the website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the website. Although we make reasonable efforts to update the information on the website, we give no assurance or guarantee, whether express or implied, that the content on the website is accurate, complete or up-to-date.
8.4.4 Although we have appropriate security measures in place to protect our systems and servers, we do not guarantee that the website will always be free of errors, bugs or viruses, whether introduced by us or by third parties. You are solely responsible for ensuring that your computer equipment and mobile devices, and the information held on them, are backed up and protected by appropriate firewalls and internet security products or services. We will not be liable to you for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any content on it, or on any website linked to it.
8.4.5 You are solely responsible for keeping your password secure. We are not liable to you for any loss or damage you may suffer as a result of the use of your account by another person, whether such use is with or without your consent.
8.4.6 We do not endorse products or services advertised by third party advertisers through the website. We have no control over and do not vet the products and services of third parties. You are solely responsible for any transactions that you enter into with such third parties and it is your responsibility to satisfy yourself as to the quality and suitability of the product or service being offered to you and the specific terms of their sale. This is inclusive of competitions hosted by tempusmagazine.co.uk.
8.5 To the extent that our liability has not been limited or excluded under the earlier provisions of this paragraph 8:
8.5.1 we are only responsible for loss or damage that is a foreseeable result of our breach of these Terms or our negligence up to the limit specified in paragraph.
8.5.2, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the Terms; and
8.6 You agree to compensate us fully for any loss, damage, liability, claim, cost or expense (including reasonable legal and other professional costs) (Demand) we may suffer, incur or pay arising from your access to or use of the website or your breach of any of these Terms. We will notify you of such Demands and update you on their progress. In the event of a Demand, we will consider, but will not be bound by, any representations you wish to make.
9. Information about you and your visits to the website
We will process your personal data in compliance with the Data Protection Act 1998 (as may be amended or superseded) and all applicable legislation and in accordance with our Privacy Policy. By using the website, you consent to such processing. Please take the time to read the Privacy Policy as it includes important terms which apply to you.
10. Viruses, hacking and other offences
10.1 You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of service attack.
10.2 By breaching the provisions of paragraph10.1, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the website will cease immediately.
11. Linking to the website
11.1 You may link to our website pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
11.2 The website must not be framed on any other website, nor may you create a link to any part of the website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms.
11.3 If you wish to make any use of material on the website other than that set out above, please contact us using our contact details in paragraph 14 below.
12. Law and jurisdiction
12.1 If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
12.2 If you are a business, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
13. Variations to these Terms
We may revise these terms of use at any time by amending this page. When we do so, we will also update the “last updated” date at the top of these Terms. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the website.
14. Contacting us
If you would like to contact us with any questions, comments or feedback regarding these Terms or any other aspect of the website, products or services, you can contact us through our contact page here. We will usually confirm receipt by using the same method as you used to contact us. Thank you for visiting the website.
Subscription Terms and Conditions
1. Our contract with you
1.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
1.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
1.3 We only sell to specified territories. We are able to provide international delivery to countries specified on our website. If you order products from us for delivery to one of the international delivery destinations, you acknowledge that your order may be subject to import duties and other taxes or charges which are applied when the product reaches that destination. You agree that we do not have any control over these duties, taxes or charges and that you will be responsible for payment of any that are due. If you are unsure, please contact your local customs office for further information before placing your order. You acknowledge that you must comply with all applicable laws and regulations applicable in the country for which the products are destined. We will not be liable or responsible if you break any such law.
2. Our products
2.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
2.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
2.3 Making sure your measurements are accurate. If we are making the product to measurements, you have given us you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure on our website or by contacting us.
2.4 Availability. All products are subject to availability. We will inform you by e-mail as soon as possible if the product you have ordered is not available and if that is the case your order for such Product will not be processed.
3. Your rights to make changes
3.1 If you wish to make a change to the product you have ordered please contact us within 24 hours after placing the order. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 – Your rights to end the contract).
4. Our rights to make changes
4.1 Minor changes to the products. We may change the product:
4.1.1 to reflect changes in relevant laws and regulatory requirements; and
4.1.2 to reflect changes in suppliers’ materials or processes or to implement minor technical adjustments and improvements. These changes will not substantially affect your use of the product.
4.2 More significant changes to the products and these terms. In addition, if we make more significant changes to the product, we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
5. Providing the products
5.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
5.2 When we will provide the products. During the order process we will let you know an estimated date by when the products will be provided to you. If the product is part of a specific marketing campaign that is reliant on other purchasers placing orders to the same item, we may not be able to send products out for delivery until the end of the campaign in question. The usual situation is that products will be shipped within two weeks of the end of the relevant campaign.
5.3 We are not responsible for delays outside our control. We will make reasonable endeavours in the prevailing circumstances to deliver the Product to you. Our obligations are met once the Product has been produced and dispatched, rather than when you receive the Product.
5.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
5.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for during storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
5.6 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product unless the problem is urgent or an emergency. If we must suspend the product for longer than 30 days, you may contact us to end the contract and you will be refunded any sums you have paid in advance.
5.7 We may also suspend supply of the products if you do not pay. If you do not pay us for the products.
6. Your rights to end the contract
6.1 You may end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
6.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all your money back)
6.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 6.2.
6.1.3 If you have just changed your mind about the product, see clause 6.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions, and you may have to pay the costs of return of any goods.
6.1.4 In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.4.
6.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
6.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to.
6.2.2 we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed.
6.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control.
6.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 60 days, or
6.2.5 you have a legal right to end the contract because of something we have done wrong.
6.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online you have a legal right to change your mind within 14 days and receive a refund. However, please note that you do not have a right to change your mind in respect of Products that are made to your specifications or are clearly personalized (regulation 28(1)(b), Consumer Contracts Regulations 2013). You acknowledge that if you cancel the contract in circumstances where the right to change your mind does not apply, you must pay us reasonable compensation for the net costs we will incur as a result of your cancellation.
6.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 6.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately, and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you reasonable compensation for the net costs we will incur as a result of your ending the contract.
7. How to end the contract with us (including if you have changed your mind)
7.1 Tell us you want to end the contract. To end the contract with us, please use the contact form on our website to notify us. Please provide your name, details of the order including order number and the product.
7.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, if we request it, you must return them to us. We can provide a return label. If you are exercising your right to change your mind and we ask you to return the goods you must send them off within 14 days of telling us, you wish to end the contract.
7.3 When we will pay the costs of return. We will pay the costs of return:
7.3.1 if the products are faulty or misdescribed.
7.3.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or In all other circumstances, including where you are exercising your right to change your mind, you must pay the costs of return.
7.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be the same as our charges for standard delivery.
7.5 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
7.6 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
7.6.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
7.6.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
7.7 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind, then:
7.7.1 If the products are goods and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
7.7.2 In all other cases, your refund will be made within 14 days of your telling us you have changed your mind
8. Our rights to end the contract
8.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
8.1.1 you do not make any payment to us when it is due, and you still do not make payment within 14 days of us reminding you that payment is due;
8.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products.
8.1.3 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
8.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know as far as reasonably possible in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
9. If there is a problem with the product
9.1 How to tell us about problems. We are under a legal duty to supply products that are in conformity with this contract. If you have any questions or complaints about the product, please contact us using the contact form on our website.
9.2 Returning rejected products. If you wish to exercise your legal rights to reject products, you must post them back to us if we ask you to. We will pay the costs of postage and can provide a return label.
10. Price and payment
10.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the product you order.
10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect
10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
10.4 When you must pay and how you must pay. You must pay for the products before we dispatch them. Your payment card will be charged at the time when you place the order.
10.5 Delivery charges: the price of a product does not include delivery charges. The delivery charges are as quoted on our website from time to time. Relevant delivery charges are provided when you select an order for purchase, at the check-out.