These terms and conditions apply to memberships of E-FWD and its related services (“E-FWD Services”) offered by DC Thomson & Company Limited (company registration number SC005830) with registered office at Courier Buildings, 2 Albert Square, Dundee, DD1 9QJ (hereinafter referred to as “we” or “us”). Please read them carefully as they set out the terms and conditions under which we make your membership available to your organisation (as a “Member”), and your approved users (your “Users”).
These terms and conditions should be read in conjunction with our Digital Hub Terms and Conditions of Use, our Acceptable Use Policy and our Privacy Policy and the terms of the order form entered into by you and us in relation to the provision of the E-FWD Services (“Order Form”), each of which govern our relationship in relation to the E-FWD Services.
By purchasing an E-FWD membership you agree you, and your Users shall comply with these terms and conditions in relation to your use of the E-FWD Services as well and the terms referred to above.
What is included in the E-FWD Membership?
An E-FWD Membership entitles your Users to receive the benefits applicable to the Membership tier as set out in our Membership Information.
Eligibility of Users for E-FWD Membership
Membership of the E-FWD community, which your approved users will join as part of your membership, is offered across multiple tiers. Full information on Membership tiers and, where relevant, the eligibility criteria associated with Membership of those tiers, is available here.
We reserve the right to change our eligibility criteria at our sole discretion and our decision on the eligibility of any User is final and we will not engage in correspondence on this decision.
Membership and Users
You may not transfer your Membership to another organisation. You may not change any of your approved Users without our prior approval, which will be determined in accordance with section 2 above, and you may not change the same User more than twice in any subscription period. Users must not share their access to the Digital Hub or member benefits with any other person.
Applications for additional users or any proposed change of Users should be directed by email to the address set out in Section 10. We will not be required to refund any portion of your membership fee for any subscription period for any replacement user who does not meet our eligibility criteria.
Membership Period and Renewals
Once your membership has been accepted, your, and your approved Users’ membership will continue for the term (“Subscription Term”) set out in the Order Form. Thereafter your membership shall automatically renew for the same number of Users, and a period of the same length as the Subscription Term unless you contact us not less than 30 days before your membership is due to expire, to confirm that you wish to terminate your membership (or the membership of any User) at the end of the current term. The addition of any new User is subject to the provisions of Section 3 and to payment of any additional licence fee payable at that time.
Privacy
For information on how we use your Users’ personal data, please refer to our Privacy Policy here
Payment
You agree to pay the membership fee for each User in accordance with the Order Form. We reserve the right to suspend or withhold membership and access to the Digital Hub in the event the membership fee is not paid by its due date.
Amending Membership Offering and Fees
We reserve the right to change any membership feature, content or offering at any time. This includes adding or removing functionality within the Digital Hub.. Where we are withdrawing any offer, content or feature, we will usually seek to offer a new or replacement feature or functionality which in our opinion maintains or enhances the membership experience offered as a whole.
Changes to the membership fees will be notified to you in writing at least 60 days prior to the end of your current Subscription Term. Your Users will continue to have access to the Digital Hub and to enjoy their membership benefits until the end of your then current membership period, even if you have notified us of your intention to cancel your membership at the end of the current Subscription Term.
Suspension, Cancellation and Refunds
- Our right to suspend and/or cancel. We may suspend and/or cancel your membership (or any User) immediately at our reasonable discretion, if you breach any of your obligations under your Order Form or these terms and conditions, or if your Users breach our Acceptable Use Policy. We will make reasonable efforts to notify you of any suspension or cancellation of your or your User’s membership or of any access to the Digital Hub.
- Refunds. We are unable to refund any payments made by you unless we are unable to fulfil our obligations in relation to your membership. If this is the case, you may cancel your membership and obtain a proportionate refund for the unexpired part of your current membership.
- If you have a query about obtaining a refund, please contact our customer service team using the contact details in section 10.
Our Responsibility to You
We shall not be responsible to you or your Users for any failure by us to provide you with the services offered under your membership where this failure is (i) due to circumstances beyond our control; or (ii) due to the supply of incorrect information supplied by you during the application or registration processes.
We will use all reasonable endeavours to ensure that access to content in the Digital Hub is uninterrupted, but we do not guarantee this. We accept no responsibility or liability for unavailability, interruption or delay to any service provided under your membership.
Issues with a mobile network operator and/or data connection with your device may mean that you are unable to access content from time to time – this is outside of our control and we shall not be responsible in these circumstances.
We shall not be liable to you or your Users for (whether such liability arises as a result of any breach of contract, tort (including negligence), breach of statutory duty, misrepresentation or for any other reason) for any (i) loss of profits; (ii) loss of sales, turnover, revenue or business; or (iii) indirect, consequential or special loss.
In all cases, our total liability to you and your Users in connection with your membership shall not exceed the total membership fees charged in the past 12 months of your membership period.
Nothing in these terms and conditions limits any liability which cannot legally be limited, including (but not limited to) liability for (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation.
Customer Service
If you have a query or complaint about your membership, please contact us by email at efwd@energyvoice.com
Events
Your membership entitles your Users the opportunity to register to attend the online or in-person events advertised within the Digital Hub for the applicable Membership tier. Please note that availability for events is limited and registration is on a first come first served basis. We cannot accept responsibility if your Users are unable to register for an over-subscribed event. For further information and the terms and conditions relating to individual events, please see the event page within the Hub. Registration for events is subject to the event booking terms that will apply to that event.
You acknowledge that we may (at our sole discretion) change the date, format, speakers, participants, content, venue location and programme or any other aspect of the planned event at any time and for any reason, whether or not due to a force majeure event, in each case without liability.
Where the event is Online, your Users shall comply with the Acceptable Use policy in relation to any content they choose to share. Online events may be hosted on a third-party website or app, and your Users should ensure they comply with any third-party website or app terms and conditions that may govern their use.
Where the event is in-person, the owner of the venue (the “Venue Manager”) may specify additional terms or conditions with which Users must comply. The Venue Manager reserves the right to refuse admission to the event venue in reasonable circumstances including for health and safety and/or licensing reasons or where we deem (acting reasonably) that a User’s ticket is void.
By attending an event, each User acknowledges that their image and sound may be photographed, filmed and recorded. We may use such filming and recordings without payment to you, or your Users.
Limitation of Liability
In no event shall we be liable for any indirect or consequential loss or other damages related to these terms and conditions, and/or, whether direct or indirect, and (i) loss of data; (ii) loss of income; (iii) loss or opportunity; (iv) lost profits; and (v) costs of recovery or other damages, howsoever arising, and whether or not for breach of contract, tort (including negligence), violation of stature, or otherwise, and whether or not we have been advised of the possibility of such damages. Nothing in these terms and conditions limits any liability which cannot legally be limited, including (but not limited to) liability for (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; and (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply or Goods and Services Act 1982.
Indemnity
You agree to defend, indemnify and hold harmless DC Thomson & Co Limited, its subsidiaries and affiliates, and each or their respective officers, directors, and employees, in full from any and all damages, losses, demands, claims, liabilities, costs and expenses (including, but not limited to, loss of profits, loss of revenue and legal fees and expenses), arising out of, or in connection with, a breach by you or any of your Users of (i) these membership terms and conditions, the Digital Hub Terms and Conditions of Use, the Acceptable Use Policy, or the Privacy Policy or (ii) your obligations, representations and warranties under these terms and conditions.
General
Conflict. The relationship between us is governed by the following documents: (i) the Order Form; (ii) the Membership Terms; (iii) the Digital Hub Terms and Conditions; (iv) the Acceptable Use Policy; and (v) the Privacy Policy (together the “Terms”). If there is any conflict or ambiguity between the documents listed in this clause, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list.
Entire Agreement. Each party acknowledges that Terms listed in Clause 14 (Conflict) above constitute the entire agreement between You and us. Each party acknowledges that in entering into this agreement it does not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in the Terms.
Changes to the Terms and Conditions: We reserve the right to make changes to these terms and conditions, the Digital Hub Terms and Conditions of Use, Acceptable Use Policy or the Privacy Policy from time to time and may or may not notify you in such an event. You understand and agree that if you or your Users use the E-FWD Services on or after the date on which the any of the foregoing terms or policies have changed, we will treat that use as acceptance of the changes.
Severability. If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such medication is not possible, the relevant provision or part-provision shall be deemed deleted. Any such modification or deletion shall not affect the validity and enforceability of the rest of these terms and conditions.
Compliance with Laws: Both parties agree to comply with all applicable local, state, national and international laws, rules, and regulations in connection with their performance, participation, access and/or use of the Digital Hub or any other feature of your membership.
Governing Law & Jurisdiction: These terms and conditions are subject to the laws of Scotland and the courts of Scotland shall have exclusive jurisdiction over any disputes arising out of or in connection with these Terms and Conditions.
v.1.0.2 (updated 2/04/24)