Monday, July 22, 2013

Subscriptions Terms and Conditions

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Subscriptions Terms and Conditions
Jul 22nd 2013, 15:23

GUARDIAN AND OBSERVER SUBSCRIPTION SERVICES

The terms and conditions set out below apply to the subscription services offered by the Guardian and/or the Observer. Please read them carefully as they affect your rights and liabilities under the law and set out the terms under which Guardian News & Media Limited ("we" or "us") makes subscriptions available to you.

We recommend that you read our Frequently Asked Questions before you take out a subscription with us.

THE GUARDIAN AND MARTIN McCOLLS RETAIL GROUP SUBSCRIPTION PROMOTION

1. This promotion is available to UK residents aged 18 or over who have not previously held a subscription of the Guardian or Observer print or digital editions. The promotion opens on 20 July and closes at 11.59pm on 31 October 2013 and subscriptions received after that date shall be charged at the then current non-promotional prices.

2. The promotion consists of a 50% discount from the full weekly retail price of all products included in the relevant selected voucher subscription package (newspaper, iPad and iPhone subscriptions), if they were purchased separately and not via a subscription package. The discount applies to the first thirteen weeks of your subscription only. Please note that the Sixday+ package excludes the Sunday iPad edition.

3. To subscribe under this promotion, visit the website http://www.guardian.co.uk/subscribe/JAA04 or call 0845 168 5088 quoting JAB04, and provide the requested contact and payment details. By purchasing a subscription under this promotion, you accept these terms and conditions and GNM's subscription terms and conditions at http://www.guardian.co.uk/subscriber-direct/subscription-terms-and-conditions ("the Subscription Terms"). In the event of any conflict between these terms and the Subscription Terms, these terms shall prevail.

4. By purchasing a subscription, you agree to a minimum subscription term of 12 months, and on expiry of the 13 week promotional period, you shall pay the full published subscription price for the remainder of your subscription, which will be notified to you and can be found at http://www.guardian.co.uksubscriver-direct/subscription-frequently-asked-questions.

5. To obtain free delivery of your subscribed print editions for the first 13 weeks of your subscription you must subscribe on or before the closing date and time set out in paragraph 1 above, and present the voucher booklet sent to you by GNM at a Martin's, McColl's or RS McColl's store which delivers to your nominated delivery address ("Your Local Martin McColl Store"), as well as a copy of the welcome email or letter you received from GNM as confirmation that you qualify for this promotion. Home delivery is not available from GNM directly with this promotion and if you do not or cannot arrange delivery from Your Local Martin McColl Store, usual voucher subscription arrangements apply for collection in participating stores (as per clause 2 of the Subscription Terms).

6. GNM is not responsible for any delivery arrangement between you and Your Local Martin McColl Store or any representations made by it, and you must direct any delivery enquiries to that store. After the 13 week free delivery period, Your Local Martin McColl Store's normal delivery terms and conditions will apply and you will be liable to it for applicable delivery charges.

7. This promotion cannot be used in conjunction with any other offer.

8. GNM reserves the right at any time to modify or discontinue, temporarily or permanently, this promotion with or without prior notice due to reasons outside its reasonable control, and it shall not be in breach of these terms or liable for any delay in performing any of its obligations in that event. Any changes to the terms and conditions of this promotion will be communicated at http://www.guardian.co.uk/subscribe/JAA04.

9. The promotion and these terms and conditions will be governed by English law and participants in the promotion submit to the exclusive jurisdiction of the English courts.

10. Promoter: Guardian News & Media Limited ("GNM"), Kings Place, 90 York Way, London, N1 9GU.

TERMS AND CONDITIONS FOR GUARDIAN AND OBSERVER SUBSCRIPTION SERVICES

1 DELIVERY SUBSCRIPTION

(a) Digital and print bundle delivery subscription entitles you to:
(i) receive one copy per subscription of the Guardian and/or The Observer (as applicable) delivered to your chosen address within the M25 (either a residential address or a work address), on the days of the week that you have selected, for the duration of your subscription;
(ii) access to the Guardian iPad edition and the Guardian iPhone app (you will be required to download both from the Apple App Store),
in accordance with the appropriate subscription package you have elected to take.
(b) Print-only delivery subscription entitles you to receive one copy per subscription of the Guardian and/or The Observer (as applicable) delivered to your chosen address within the M25 (either a residential address or a work address), on the days of the week that you have selected, for the duration of your subscription.

Your subscription is personal to you and non-transferable.

Availability

Delivery subscription is only available to you if you have a residential and/or work address within the M25 and you are aged18 and over.

Delivery

Delivery will take place before 7:00 am (Monday to Saturday) or before 8:30 am (Sunday) at the address that you specify to us when you place your order for a delivery subscription. Please note that if your newspapers are delivered to an internal mailroom within your building, although delivery to the mailroom will take place by 7:00 am or 8:30 am, as applicable, the time that you will receive your newspapers from the mailroom is outside our control.

We are unable to deliver newspapers to doors where delivery requires access to flats and apartment blocks. Delivery can only be made to ground floor access points.

If you have not received your newspaper by 7:00 am or 8:30 am, as applicable, you can contact our customer services team (see details in section ‎11 below) to claim for an additional day's credit to be added onto the end of your existing subscription. Please inform us of any claim by 5:00 pm on the day that the problem occurred in order to get this credit.

Commencement of Delivery Subscription

If we accept your order for a delivery subscription, and you placed your order before 3:00 pm on a business day, your subscription can start as soon as the fifth business day following the day that you place your order. If you placed your order after 3:00 pm or on a day which is not a business day, your subscription can start as soon as the sixth business day following the day that you place your order.

However, if you prefer, you can postpone the start of your subscription for up to eight weeks from the day that you place your order.

Delivery Subscription Holiday

You are allowed a holiday allowance of 36 days per subscription year (starting on each anniversary of your subscription joining date). Your holiday allowance is reset at the beginning of each subscription year and you may not carry over any holiday not taken in one subscription year into the next year. We will make an adjustment to the next payment falling due after the holiday has been notified to us.

If you have a query about obtaining your holiday allowance, please contact our customer services team (see details in section 11 below).

2 VOUCHER SUBSCRIPTION

(a) Digital and print bundle voucher subscription entitles you to receive vouchers which:
(i) are redeemable against copies of the Guardian or The Observer (as applicable) in participating shops throughout the UK on the days of the week included in the package you have selected. We will send you the vouchers every 13 weeks for the duration of your subscription.
(ii) access to the Guardian iPad edition and the Guardian iPhone app (you will be required to download both from the Apple App Store),
in accordance with the appropriate subscription package you have elected to take.
(b) Print-only voucher subscription entitles you to receive vouchers which are redeemable against copies of the Guardian or The Observer (as applicable) in participating shops throughout the UK on the days of the week included in the package you have selected. We will send you the vouchers every 13 weeks for the duration of your subscription.

Your subscription is personal to you and non-transferable, except where you place an order for a subscription in someone else's name as a gift. In these circumstances, you will have to pay the subscription fees in accordance with section 6 below.

Availability

Voucher subscription is available to UK residents aged 18 and over only. However, non-UK residents aged 18 and over can order a subscription for someone else as a gift, provided that the person who the gift is for is a UK resident.

Vouchers

Each voucher we send you will have a different date printed on it and each voucher may only be redeemed on that date. Please note that, once the date on a voucher has passed, the voucher will no longer be valid and you will not be able to redeem it for a copy of the Guardian or the Observer, as applicable. Please keep your vouchers in a safe place before redeeming them as we cannot accept liability for lost vouchers.

Vouchers may not be used as currency or redeemed against any other products or services. Vouchers are not for resale.

Delivery of Newspapers for voucher subscriptions
If you would like to have your newspapers delivered to you, this is something you must arrange with the newsagent where you redeem your vouchers. The newsagent may charge you for this delivery. We are not responsible for your relationship with the newsagent, nor for any disruption to their delivery service.

Voucher Subscription Holiday

Once you have held a subscription with us for 12 months or more, you may take up to 2 weeks 'holiday' per subscription year (starting on each anniversary of your subscription joining date) and obtain a refund of any vouchers that are redeemable during that holiday period. You can get details of how your 'holiday' may be taken at http://www.guardian.co.uk/subscribe/frequently-asked-questions. Your holiday allowance is reset at the beginning of each subscription year and you may not carry over any holiday not taken in one subscription year into the next year.

You must return your unredeemed vouchers to us within one month of the first day of the unused vouchers before we will give you your refund. Your refund will be credited to your bank account, credit or debit card (depending on your subscription payment method).

If you send vouchers to us but you do not qualify for a 'holiday' refund, we will not return your vouchers to you.

If you send vouchers to us in advance of your 'holiday' but then decide not to take the 'holiday', please contact our customer services team and we will issue you with replacement vouchers. You must contact us at least 7 days before the first day of the replacement vouchers before we will issue you with replacement vouchers.

Please send the vouchers to the postal address in section 11 below. You will be responsible for the cost of returning the vouchers to us.
If you have a query about obtaining a holiday refund, please contact our customer services team (see details in section 11 below).

3 USE OF THIRD PARTIES

We may use third parties to assist in the provision and fulfilment of any part of the subscription service on our behalf. We may pass your personal information provided by you to such third parties but only for the purposes of providing the subscription service to you.

4 ORDERS FOR SUBSCRIPTION SERVICES

You may place an order for a subscription by Internet or by telephone. Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until:

(a) if you subscribe by Internet, we send you confirmation of your order by email; or
(b) if you subscribe by telephone, we send you confirmation of your order by email or post.
We reserve the right to refuse to accept any order for any subscription for any reason.

5 SUBSCRIPTION PERIOD

Once you have placed an order for a subscription, the subscription will continue unless and until it is ended by either of us in accordance with the provisions of section 9 below. Please note that the minimum subscription period is

(a) three (3) months if you placed your order for a subscription before 26 April 2013; and
(b) twelve (12) months if you placed your order for a subscription on or after 26 April 2013 (a "New Subscriber"),
(in each case the "Minimum Subscription Period").

We reserve the right to withdraw or change any subscription and/or price at any time. This will not affect any subscription that you have already paid for, unless for some reason we are withdrawing a subscription due to our inability to fulfil that subscription, in which case the provisions of section ‎9 below will apply. If we change the price of your subscription after you have paid for it, the provisions of section ‎8 below will apply.

6 PAYMENT

You agree to pay the subscription price for the subscription package you have elected to purchase. You can get details of these prices at www.guardian.co.uk/subscriber-direct/subscription-frequently-asked-questions or by telephoning our customer services team (see details in section ‎11 below).

You must provide us with complete and accurate payment information.
Payment for your subscription can be made by direct debit, credit or debit card. You can either:

(i) make a single annual payment, and your subscription will expire at the end of the subscription year unless you opt for a renewal; or
(ii) make payment on a rolling basis and your subscription will automatically continue unless and until terminated in accordance with section 9 below.

For more information on renewal of subscriptions please see section ‎8 below.

7 AMENDING SUBSCRIPTIONS

During your subscription you can change the days on which you receive newspapers by contacting our customer services team (see details in section ‎11 below).

Please note that if you reduce the number of days on which you receive newspapers you will not be able to get a refund for the newspapers you no longer wish to receive (subject to section ‎9 below).

8 RENEWAL OF SUBSCRIPTION

If you pay for your subscription on a rolling basis (see section 6 above), there is no need to renew your subscription as it will automatically continue after the Minimum Subscription Period unless and until cancelled in accordance with the provisions of section 9 below. We will continue to take payment by means of your direct debit or credit card (as applicable) at the agreed frequency. If we change the subscription price we will inform you of this with at least 10 working days' notice (or such other length of notice as is required by the Direct Debit guarantee from time to time) so that you can choose whether or not to cancel your payment. You will continue to receive newspapers/vouchers (as applicable) until you cancel your credit card payments or your direct debit (as applicable).

If you pay for your subscription on a single annual payment basis (see section 6 above), we will remind you when your subscription year is due to expire. You can then choose to renew your subscription for a further year. If we have changed the subscription price since your last payment we will inform you of this in the renewal reminder notice so that you can choose whether or not to proceed with the renewal.

9 REFUNDS AND CANCELLATION

Once we have accepted your subscription and payment, your subscription cannot be cancelled until the end of the Minimum Subscription Period.
If you pay for your subscription on a single annual payment basis, your subscription will automatically expire at the end of your subscription year unless you opt to renew your subscription in accordance with the provisions set out in section 8 above.

If you have a delivery subscription and you pay for your subscription on a rolling basis and you wish to cancel after the Minimum Subscription Period, we will require 3 months' notice to expire on or after the end of the Minimum Subscription Period.

If you have a voucher subscription and you pay for your subscription on a rolling basis and you wish to cancel after the Minimum Subscription Period, we will require 3 months' notice to expire on or after the end of the Minimum Subscription Period. If you are a New Subscriber with a voucher subscription the notice you give us must also coincide with the end of a voucher booklet. This may mean that you need to give us more than 3 months' notice to cancel your subscription.

Cancellation can only be made by calling our customer service team (see details in section 11 below).

We are unable to refund payment unless:

(a) we are unable to fulfil your subscription. If this is the case, you may obtain a proportionate refund for the unexpired part of your current subscription;
(b) there are exceptional circumstances, which we will assess on a case by case basis. If we then decide that exceptional circumstances apply we may, at our reasonable discretion, give you a proportionate refund;
(c) you qualify for a "holiday" refund.
If you have a query about obtaining a refund, please contact our customer services team (see details in section ‎11 below).

We may cancel your subscription immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions, including if we do not receive a payment when due from you, or, in the case of a delivery subscription if you change your address for delivery to an address that is outside the M25. We will make all reasonable efforts to contact you, before your subscription is cancelled.

For Voucher Subscription Only

If your subscription ends or is cancelled for any reason you must return to us straight away all unredeemed or unexpired vouchers you have received.

If your subscription ends or is cancelled and you are entitled to a proportionate refund, you must return your unredeemed or unexpired vouchers to us before we will give you your refund. Please send the vouchers to the postal address in section 11 below. You will be responsible for the cost of returning the vouchers to us.

You must not redeem your vouchers in participating shops after your subscription has ended or has been cancelled – if you do this we may charge you for the vouchers you use.

10 OUR RESPONSIBILITY TO YOU

We shall not be responsible for any failure by us to perform our obligations to you in relation to your subscription where this failure is caused by circumstances beyond our control.

We shall not be responsible for any failure to deliver your subscription if you have supplied us with an incorrect address for delivery.

Our liability to you in connection with your subscription will not exceed the total subscription fees charged for your current subscription period (being in all cases a maximum of twelve (12) months).

11 CUSTOMER SERVICES

If you have a query or complaint about subscriptions, please contact us using any of the contact details below:

Voucher Subscription

Email: gnmsubs@quadrantsubs.com
Phone: 0844 543 8005
Address:
Guardian and Observer Subscriptions
Quadrant Subscription Services
Rockwood House,
9-17 Perrymount Road
Haywards Heath
RH16 3DH

Delivery Subscription

Email: customerservice@guardiandirectsubs.co.uk
Phone: 0844 543 8005
Address:
Guardian Subscriptions
The Quorum
Bond Street
Bristol
BS1 3AE

iPad/iPhone

Email: iPad@guardian.co.uk
Phone: 0844 543 8005
Address:
Guardian and Observer Subscriptions
Quadrant Subscription Services
Rockwood House
9-17 Perrymount Road
Haywards Heath
RH16 3DH

12 CORPORATE INFORMATION

Our subscription services are by provided by Guardian News & Media Limited (company registration number 00908396) with registered office at PO Box 68164, Kings Place, 90 York Way, London N1P 2AP.

13 GENERAL

We intend to rely on the written terms set out in these terms and conditions for the subscription service that we provide to you. We acknowledge that you may receive written and verbal information from our customer services team which shall also be incorporated into these terms and conditions.

We may update these terms and conditions from time to time for legal or regulatory reasons or to allow the proper operation of your subscription service. Any changes will be notified to you so that you can choose whether or not to cancel your direct debit or, credit or debit card payments, and whether to proceed with your next renewal. The changes will apply to your subscription from your next payment date after we notify you of such changes. If you do not wish to accept the new terms and conditions you should not continue to subscribe as this will indicate your agreement to be bound by the new terms and conditions.

These terms and conditions are governed by English law and the parties agree to submit to the exclusive jurisdiction of the English courts.


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