These are the terms and conditions upon which Aberdeen Journals Limited (we or us) will sell you our subscriptions to our printed and/or digital publications and/or access to premium content on the Site (Subscriptions). They prevail to the extent of any conflict or inconsistency with any other terms in respect of the Subscriptions. They do not apply to Home News Delivery subscriptions which are governed by such terms otherwise communicated to you and which can be provided by us on request.
Your purchase of any Subscriptions, whether such Subscriptions are bought online via the Site or via a digital platform, is subject to these terms and conditions and by placing an order for any Subscription, you agree to be bound by them. These terms only apply to sales to consumers – if you wish to make any business purchases of subscriptions please contact subscriptions@energyvoice.com – terms for corporate subscribers can be found here.
If you do not agree to these terms and conditions, please do not purchase any Subscriptions.
Defined terms used in these terms and conditions have the same meanings as they are given in our general website terms of use unless expressly defined in these terms.
We may change these terms and conditions from time to time by changing them on the Site. By continuing to purchase Subscriptions you accept these changes and agree to be bound by them. It is your responsibility to check the terms and conditions each time you purchase a Subscription from us. These terms and conditions were last updated on November 2016.
From time to time we may offer special offers or temporary promotions for our Subscriptions which may either be published on the Site, on digital platforms or in our publications. These may be subject to additional terms and conditions which we will let you know about in those offers.
The advertisement of Subscriptions on the Site, on digital platforms and/or in our publications is an invitation to treat only and any order from you constitutes an offer to us to buy such Subscriptions. All orders are subject to acceptance by us. There will be no contract between you and us unless and until we accept your order in accordance with the procedures detailed in these terms and conditions.
Applicability of these terms and conditions
These terms and conditions only apply to the purchase of Subscriptions us, whether such Subscriptions are bought online via the Site or via a digital platform. They do not apply to the purchase of products.
Any restrictions on delivery locations are as stated on the Site or in these terms. Overseas customers can of course always purchase our digital editions and/or digital only Subscriptions.
All orders are subject to acceptance by us.
Information about us
The Subscriptions are offered by Aberdeen Journals Limited, trading as ‘Energy Voice’ and part of the D.C. Thomson & Company Limited group. We are a limited company registered in Scotland. Our registered company number is SC15256. Our registered address is Courier Buildings, 2 Albert Square, Dundee, DD1 9QJ. Our trading address is 5th Floor, 1 Marischal Square, Broad Street, Aberdeen, AB10 1BL. Our VAT registration number is GB927167212.
How to purchase a Subscription
You must register with the Site or the digital platform in question in order to purchase a Subscription from it. In registering, you will be providing certain personal information to us.
To make a purchase of a Subscription on the Site you will need to:
– Login to www.energyvoice.com and select which Subscription you wish to purchase and click “Buy Now” or such equivalent confirmation button. You will be informed whether the Subscription qualifies for a free gift; complete your details and those of the recipient of the Subscription (if different from you and if this functionality is available) and the free gift (if appropriate);
– Make payment for the Subscription, which can be made using a Credit / Debit payment card or by PayPal.
We may then send you an initial acknowledgement by email. Once we have checked whether we are able to meet your Subscription order and whether payment has been successful, we will either send you an order confirmation by email (order confirmation) (at which point your order will become a purchase and shall conclude the contract between you and us) or alternatively, we will confirm by email that we are unable to meet your order. After entering into the contract, we will be under a legal duty to supply you with the Subscription that is in conformity with the contract. Where we are unable to meet your order, we will aim to advise you if possible when we expect the Subscription to become available and you will be given the opportunity to proceed with your order or an alternative order or receive a refund.
Once the order confirmation has been sent to you, we will deliver your Subscription in accordance with the Delivery section below.
To make a purchase of a Subscription on a digital platform other than the Site you will need to follow the procedures specified by or through that digital platform.
Existing customers who wish to transfer to a Subscription should contact subscriptions@energyvoice.com to discuss purchase options.
Any offers we may run from time to time are subject to any restrictions communicated with such offers, for example some offers may be restricted to first time subscribers only.
Your personal information
When you purchase a Subscription, whether from the Site or via a digital platform you will need to provide us with certain personal information to enable us to process your order.
Our Privacy Policy sets out how we use any of your personal information you give us. All Personal Data is processed in accordance with our Privacy Policy.
Any personal information which you provide to us when you register with the Site or purchase a Subscription must be true, accurate, current and complete in all respects. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use when purchasing Subscriptions. You will notify us immediately of any changes to any personal information supplied to us.
To enable subscription payment on our Site and on digital platforms, we work with reputable third party service providers that use and store your payment card information. This information is used by the third parties to perform billing and for their internal business purposes. Examples of these uses include fulfilling orders and processing payment card transactions. Your personal information passed through those third parties is governed by their privacy policy which we will make available to you. Your information is not shared or disclosed by these parties with other third parties and is not used for marketing third party products.
Gifts
Where offered, any free gifts offered when you purchase a Subscription are subject to availability. Where we offer you a gift with the purchase of a Subscription, every effort will be made to supply the gift illustrated but we reserve the right to provide an alternative gift if we cannot supply the original for any reason.
Our policy, unless indicated otherwise, is that any free gift will be sent to the recipient of the Subscription. When you place an order for a Subscription, whether from the Site or via a digital platform you will be asked whether you would like a special message to be included in a gift card (if appropriate).
Age of consent
Although you may be able to register as a user of our Site if you are under 16, please note that we do not sell Subscriptions to under 16s. All Subscriptions must be purchased by an adult of 16 or over using their own account details.
By submitting an order, you are confirming to us that you are 16 or over.
If we discover or are of the opinion that you are not legally entitled to order a Subscription, we shall be entitled to cancel the order immediately, without notice to you.
Price and payment
All prices are inclusive of VAT where applicable at the current rates and delivery charges.
All prices are correct at the time they are given. Prices are liable to change at any time but changes will not affect orders for which you have already paid. If we change the Subscription price (which we may do at any time), this will not affect your current Subscription but the higher price will apply upon its renewal.
The Site and the publications contain a large number of Subscriptions and it is always possible that some of the Subscriptions listed may be incorrectly priced. We will verify prices as part of our sale procedures so that the correct price will be stated when you pay for the Subscriptions. If we discover an error with our prices then we may cancel your order and refund you.
You will have different payment options available to you when purchasing a Subscription and these will be brought to your attention during the ordering process and before the contract between you and us is concluded.
When making a purchase via the Site, you can either:
Pay using a debit / credit payment card through our secure third party payment gateway. All payment card purchases are subject to validation checks (which you consent to) and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment to us for a particular purchase, we will not accept your order. Please note that it is possible that your card issuer may charge you an online handling fee or processing fee, we are not responsible for this;
or, pay using PayPal through a secure third party payment gateway. Such purchases will be subject to any required validation checks (which you consent to), authorisation by PayPal and PayPal terms of use. If PayPal refuses to or does not for any reason authorise payment to us for a particular purchase, we will not accept your order.
You agree that your subscription will be deemed to be continuous and will automatically renew (taking account of any upgrade or downgrade), without notification, for the same subscription period as the initial subscription period.
You pay choose to access additional products and/or services which are not included in the price for the Subscriptions. Such additional charges will be described during the order process and you will be responsible for paying the same.
Information about Subscriptions
Term
The minimum Subscription term is one day and starts immediately from our activation of your Subscription upon sending you the order confirmation. Some promotional offers may have a 1, 3, 6 or 12 month minimum term.
Digital Only Bundles
Digital only bundles entitle you to either;
i) Access to premium content on the Site; or
ii) Access to premium content on the Site and access to the ePaper via web browser. As part of the ordering process we will give you the option to select which region specific version of the ePaper you wish to receive.
Using digital Subscriptions
Your login details from registration on the Site will also be the login details to access premium content on the Site.
Upgrades and Downgrades
You may upgrade your Subscription to the next available Subscription at any time by notifying us by phone or email. We will affect such upgrade as soon as possible. Any changes in charges applicable to your Subscription will be made clear and will need to be accepted by you prior to the upgrade.
You may downgrade our Subscription to the next available Subscription at any time by notifying us by phone or email. We will affect such downgrade by the next subscription period. Any changes in charges applicable to this Subscription will be made clear and will need to be accepted by you prior to the downgrade
Working with Third Parties
Whilst we make every effort to only give you the details of appropriate sites, where we provide you with the details of a third party site you should review the terms of use posted on those sites.
Gift Vouchers
We may also offer gift vouchers from time to time and if we do, they may only be redeemed in accordance with the terms specified on the voucher so please read these carefully. Please note that Subscriptions purchased using gift vouchers will only be delivered to addresses in the country or countries stated in the separate terms and conditions of the gift voucher.
E-Coupons
We may also offer you e-coupons from time to time, in which case you will be asked to provide the reference code of your e-coupon. If you are unable to provide us with the reference code or the code you provide to us has already been activated, we are not obliged to accept your coupon. E-coupons are and remain the property of us and are personal to you. They may not be transferred or reproduced or distributed. If we believe you are using an e-coupon unlawfully, we will refuse to honour it and you may be committing an offence. We reserve the right to cancel an e-coupon at any time before it has been used. E-coupons cannot be exchanged for cash, gift vouchers or other items. We may restrict you from using e-coupons on certain products or apply minimum spend restrictions. Where an e-coupon has been used for an order of more than one product, the value of the e-coupon is applied proportionately to the value of the whole order and if a product is returned you will receive the proportionate refund. Additional restrictions may apply – please refer to the terms on the e-coupons.
Continuous Subscriptions and Renewals
When you purchase a take out a Subscription and pay using a credit / debit payment card or PayPal, it is on a continuous basis, meaning that your Subscription will automatically renew, without notification, for the same subscription period as the initial subscription period. You can prevent auto-renewal of your Subscription at any time by contacting us in accordance with the cancellation section below.
Title and risk
The issue of the publications and logins subscribed to you will be at our risk until it comes into your possession or the possession a third party nominated by you to take possession of the relevant material. Ownership of such material will only pass to you upon the later of:
– delivery of the relevant material; and
– receipt by us of full payment of all sums due in respect of the Subscription.
Cancellations
Each Subscription contains aspects which will be delivered digitally, therefore you agree to your Subscription starting immediately on the conclusion of the contract and once any part of the Subscription has been delivered to you, you waive any statutory (or “cool off”) cancellation rights you may have to cancel the contract and obtain a full refund if you change your mind.
If any digital aspect of a Subscription is faulty, please see the Faulty Subscriptions or vouchers section below.
You have a contractual right to cancel a Subscription at the end of its current subscription period and/or prevent auto renewal of your Subscription by notifying us accordingly by phone or email. We must receive your notification at least 7 days before the end of your current subscription period. Such cancellation will take effect from the end of the current subscription period. If you are then charged for a cancelled Subscription you will receive a full refund of any price already paid for any un-mailed print publications and/or digital publications which are part of the cancelled Subscription, in accordance with our refunds policy (set out below).
If you decide to cancel your Subscription, upon cancelling, if applicable you must return to us any unredeemed or unexpired vouchers for print publications within 14 days of cancellation. You will be liable for any unpaid vouchers. No refund can be given until your vouchers (if any) have been returned to us.
You have a legal obligation to take reasonable care of the vouchers while they are in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration from you, up to the price of the Subscription, from the refund to which you are otherwise entitled.
To cancel a Subscription, you must inform us:
– In writing either to the address noted at the end of these terms and conditions or by emailing us at subscriptions@energyvoice.com giving us your name, address and order reference;
To return the Subscription vouchers (if applicable, see above), you should package the parcel securely (making sure you include a note of your name and address (enclosing any returns slip, if we have provided one) inside the parcel) and then return it to us, either by courier or by recorded delivery mail or other form of certified mail to the following address:
Aberdeen Journals Limited, of registered company number
SC15256,
5th Floor,
1 Marischal Square,
Broad Street,
Aberdeen,
AB10 1BL.
We advise that you take out enough postal/carriage insurance to cover the value of the contents. Please save your proof of posting/despatch and tracking information until your refund has been processed. You will be responsible for the cost and risk of returning the Subscription vouchers (if applicable) to us.
Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the order confirmation. Nothing in this section affects your legal rights.
Refunds Policy
If you cancel a contract between us for a Subscription we will refund the price of any un-mailed print publications and/or digital publications which are part of the cancelled Subscription that you have already paid for in full. However, we will not refund your cost of returning the Subscription vouchers to us.
All other refunds will be made as soon as reasonably practicable. We will refund any money received from you using the same method originally used by you to pay for your purchase unless otherwise agreed.
You will not receive a refund if a portion or all of our digital products are temporarily unavailable. If we temporarily reduce or eliminate the charge for digital content or digital access that you are currently paying for under different terms you will not receive a refund in respect of his.
Faulty Subscriptions or vouchers
If any publication or any Subscription vouchers are damaged or faulty when delivered to you, or has developed a fault, we may offer an exchange or refund, as appropriate, in accordance with your legal rights. If you believe a publication or any Subscription voucher was delivered damaged or faulty or has developed a fault, you must inform us as soon as possible, in writing, giving us your name, address and order reference. Nothing in this section affects your legal rights.
Subscriptions information
It is not possible to describe every detail of the Subscriptions available to purchase on the Site or in a publication. Each description is therefore abbreviated and to the best of our ability, is correct at the time of its input onto the Site.
Our rights to withdraw Subscriptions and publications
We reserve the right to withdraw any Subscriptions offered on the Site or in a publication at any time. We may, for example, cease to publish a publication at any time.
We shall not be liable to anyone for withdrawing any Subscription from the Site or a publication or for refusing to accept an order.
Where you have paid us any advance payments and we have withdrawn Subscriptions or a publication, we will offer you an alternative Subscription or a full refund for any advance payments relating to unfulfilled Subscriptions.
Liability
Nothing in these terms and conditions shall limit or exclude our liability to you for death or personal injury caused by our negligence or for fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer arising from any contract shall not exceed the purchase price of the relevant Subscriptions and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We shall not be obliged to perform our obligations under this agreement to the extent that we are prevented, hindered or delayed by reason of ‘Force Majeure’ which shall mean any cause or event beyond our reasonable control and including: war, civil war, armed conflict, terrorist attack, riot, civil commotion, malicious damage; compliance with any law or governmental order, strikes, or other industrial disputes, accidents, explosions, breakdowns of plant or machinery, failure of transport links, failure of telecoms links, unavailability of the internet or any utility, fire, flood, storm or adverse weather conditions, epidemic or pandemic, acts of God or failure to perform by our suppliers or sub-contractors.
Our liability to you arising under or in connection with these subscription terms or arising from or in connection with any breach or non-performance of these subscription terms no matter how fundamental (including by reason of our negligence) in contract, tort or otherwise in relation to any issue shall be limited to the fees you have paid to us for that issue.
General
If any part of provision of these terms and conditions are found to be unenforceable, this shall not affect the validity of any other part or provision.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. We may assign these terms and conditions or any rights hereunder without your consent or notice.
These terms and conditions supersede any previous versions.
These terms and conditions shall be governed by English law. Subject to the next paragraph, you agree that any dispute between us regarding them or the Site will only be dealt with by the English courts, provided that, if you are a consumer and not a business user and live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
We are required to inform you that The Retail Ombudsman (see www.theretailombudsman.org.uk for more information) is an alternative dispute resolution body to whom we are obliged to refer any dispute that cannot be resolved between you and us.
The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.
Contacting us
Please submit any questions you have about these terms and conditions or any problems concerning the Site by email to info@energyvoice.com.
Aberdeen Journals Limited, of registered company number
SC15256,
5th Floor,
1 Marischal Square,
Broad Street,
Aberdeen,
AB10 1BL.