These terms and conditions apply to subscribers of MyTime Media Publications.
1. User Terms
Please be advised that by subscribing to a MyTime Media publication you are agreeing to be bound by the following Terms & Conditions. Any breach of these Terms & Conditions may result in the immediate suspension of your account without refund of any remaining liability. Purchases made through sources that are not MyTime Media (“Merchants”) will be subject to that Merchant’s Terms & Conditions and that Merchant will be responsible for the fulfilment of the subscription purchased. Any disputes or questions relating to the subscription purchased shall be directed to the Merchant in question and you acknowledge that MyTime Media shall have no responsibility, obligations or liability in relation to this subscription.
2. Licence to Use Material
By taking out a MyTime Media Subscription you are entitled to access, download and transmit (for the purposes expressly permitted in these User Terms) and store the MyTime Media Material for your own personal, non-commercial use provided that you do not:
• Remove any notices relating to the ownership of copyright or other Intellectual Property Rights in the MyTime Media Material;
• Modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the MyTime Media Material;
Rent, lease, sub-licence, loan, copy or give or transfer any rights in the MyTime Media Material in any form, to any person or entity without the prior written consent of MyTime Media.
3. Subscriptions Contract & Fulfilment
Your subscription contract is taken out with MyTime Media whose registered office is MyTime Media Ltd. Enterprise House, Enterprise Way, Edenbridge, Kent, TN8 6HF; however subscriptions may be fulfilled by a third party Subscription Bureau. Any subscription queries or complaints should be raised through the Subscription Bureau.
Details of our current third party Subscription Bureau are:
Customer Contact Centre: +44 (0) 1604 828 748
(Lines are open weekdays 8am – 8pm & Saturday 10am – 3:30pm GMT)
4. MyTime Media’s Responsibilities
MyTime Media will take reasonable precaution to secure all user data collected by their community websites. All subscriptions data is securely held by Subscriptions Bureau, dsbnet Ltd.
MyTime Media provide no representation or warranty that the community websites or service offered via these websites will be accessible, or usable by you or error free. MyTime Media reserves the right, without notice to you, to remove any MyTime Media material from the community websites or to suspend or alter the operation of the websites or any web site services.
5. Your Responsibilities
You agree that you are responsible for the security and use of any user names or passwords needed to access or use the community website or your digital editions. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the community website or any digital editions using your user name or password. Any subscriber found to be sharing their user name and password will be subject to immediate suspension of their account without refund of any remaining liability.
6. Consent to Use Your Personal Information
For the purposes of the Data Protection Act 1998, you acknowledge that in the course of purchasing your subscription and registering on the community website(s), certain personal information or data about you will be captured electronically or otherwise and transmitted to MyTime Media and/or MyTime Media Contractors. By accepting these User Terms, you expressly agree to transfer such personal information or data to MyTime Media or MyTime Media Contractors to use, store and process the personal information for the purposes of providing the services offered on this Web Site, or any other connected MyTime Media Web Sites.
For the purposes of the Data Protection Act 1998, you further agree that MyTime Media or MyTime Media Contractors involved in the provision of the services may send your personal data outside of the European Economic Area for processing.
7. Use of Personal Information
We use the personal and transactional information (e.g. name, address, e-mail address, credit card details) (“Personal Information”) you supply to us in order to fulfil your subscription order. On the online order form we will ask you about receiving details of our products and services and/or those of third parties which may be of interest to you. You should tick the relevant boxes to indicate whether or not you wish to receive such information.
8. Unauthorised Access to Personal Information
Unless a member of our staff has been fraudulent or negligent, we will not be liable to you for any losses you may suffer as a result of unauthorised access by a third party to the information (including in particular credit/debit card details) you transmit when you place an order. It is your responsibility to ensure the security of your own credit/debit card details to avoid unauthorised use.
9. Contract Formation
When you click “Submit Order” to submit your order online, post or telephone us with details of your order, you are putting forward an offer to take out a subscription which if accepted by us, will result in a binding contract. If placing your order online your credit/debit card will be debited when you click “Submit Order”. Although you will either see a page or receive an email if you have supplied your email address acknowledging that your order has been received successfully and is being processed, the contract between yourself and MyTime Media is not formed at this point. A legally binding contract is formed on the date we send you written confirmation of your order. You will receive this written confirmation within 14 days of submitting your order in the form of an acknowledgement letter. We will not be responsible if you fail to receive the written confirmation because you have supplied us with an incorrect postal address. We reserve the right not to accept or process your order for any reason. All orders are subject to validation checks and authorisation by your payment card issuer. If we do not accept your order and your credit/debit card has already been debited, we will notify you and provide a full refund.
10. Right to refuse orders
We reserve the right not to fulfil and to cancel orders:
• In the event of obvious inaccuracies in prices, except that we may fulfil your order at the correct price;
• if we are unable to obtain payment authorisation from the issuer of your payment card.
11. Price Information
Prices displayed on the subscriptions section of the website will prevail at all times in relation to orders placed online. Prices quoted on screen include delivery charges and taxes (where applicable).
You can either make a one-off payment for a subscription of a fixed term, or make ongoing direct debit or continuous credit card payments for any other subscription term (subject to availability).
If you make ongoing payments we reserve the right to increase our prices at any time after the first year of your subscription has elapsed and will notify you in writing with 10 days’ notice of any such price increase. Although we try to ensure that all prices are accurate, errors may occur. If we discover an error in the price of your order, we will inform you as soon as possible. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. We will refund you in full if you cancel the order on the basis of the price and have already paid.
12. Subscription rates in $ and €
Any prices quoted in $ or € are an approximate figure. All credit cards will be debited in Pounds Sterling by your bank or building society on behalf of MyTime Media, converted at the current exchange rate.
Your bank or building society may apply a different exchange rate to that applied by MyTime Media to convert the Pounds Sterling amount to your local currency and/or charge an additional fee for the transaction. If you have any queries about the prices charged by MyTime Media in connection with this subscription promotion, kindly contact firstname.lastname@example.org.
13. Payment Methods
MyTime Media may take payment for Subscriptions by all major credit and debit cards, cheque, Direct Debit (UK only) and Continuous Credit Cards. If you are under 18 or are not using your own credit/debit card to pay for the subscription, you must ask the permission of the credit/debit card holder before entering the payment details. By clicking “Submit” you are confirming that you have obtained the express prior permission of the credit/debit card holder.
Credit/Debit card: will be subject to the terms outlined in point 10. Confirmation of your subscription will be sent by post to confirm the amount charged, the start issue and the end issues of your subscription.
Cheques: will be processed on receipt and the order will be completed on receipt of these funds. Confirmation of your subscription will be sent by post to confirm the amount charged, the start issue and the end issues of your subscription.
Direct Debit: we will write to confirm the terms of your Direct Debit, advising of the Direct Debit amount, and when these payments will be taken. Once you have received this confirmation you will not receive further correspondence on this unless your Direct Debit date or value changes. If you wish to cancel your Direct Debit please write to the Subscription Bureau, stating the magazine to which you subscribe, and your full details including a phone number (dsbnet Ltd, 3 Queensbridge, The Lakes, Northampton, NN4 7BF or email email@example.com).
Continuous Credit Cards: By selecting this payment option you are agreeing for MyTime Media to charge your credit card on a specified basis. We will write to confirm when your future payments are due. Once you have received this confirmation you will not receive further correspondence on this unless your Continuous Credit Card date or value changes. Please write to the Subscription Bureau if you wish to cancel your Continuous Credit Card payments (dsbnet Ltd, 3 Queensbridge, The Lakes, Northampton, NN4 7BF or email firstname.lastname@example.org).
MyTime Media Ltd. uses third party delivery services to send you your magazine and (where appropriate) gift. Due to the nature of these services we will not be held accountable for any delays caused once your magazine or gift has left our depots.
Magazines: We will deliver the magazines to the address that you provide when you place your order (either your own address or that of a gift recipient). Subscriptions will start with the next available issue, please continue to buy your magazine until you receive your acknowledgement letter.
You agree that we will not be responsible for failure to deliver the magazines if you have supplied us with an incorrect address. We reserve the right to dispose of incorrectly addressed envelopes and their contents without an obligation to refund you or any other person if they are returned to us and despite efforts to contact you we do not receive correct address details. Any magazines returned to us due to incorrect address will result in suspension of your account.
We will not be liable to you for any delay in delivery or non-delivery of magazines in the following circumstances:
• Where the issuer of your payment card refuses to authorise payment to us;
• Where such delay or failure is due to circumstances beyond our control or the control of our sub–contractors and agents, including but not restricted to war, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees.
Gifts: Should your subscription offer include a gift, please allow up to 28 days after the offer closure date for delivery of your gift. Gifts are subject to availability and strictly limited on a first come first serve basis. These gifts will not be available on overseas subscriptions or despatched to overseas addresses unless otherwise stated.
Plans: For those print magazines that contain free plans (Model Boats & RCM&E Magazine) these plans are supplied with the magazine copies and will not be despatched as independent items. These magazines reserve the right to withdraw the provision of these plans at any time. Should you cancel your magazine subscription you will not be entitled to any plans beyond those already received. MyTimeMedia reserves the right to withdraw these plans without notice. Please note that plans are not available as part of Digital Subscriptions.
15. Special Circumstances
All winter gift subscriptions (from October – January) placed by telephone/post will begin with the first available subscription issue of the year unless otherwise requested. Please note that this issue may not arrive with the recipient until late January/early February. Personal subscriptions will begin with the next available issue. For personal and gift subscriptions placed online, please ensure that you select the issue that you would like the subscription to begin with.
16. Gift Subscriptions
Once you have placed your gift order, you’ll receive a postal acknowledgement within 14 days plus an email acknowledgement within 1 working day (if you gave us your email address).
Please allow up to eight weeks for delivery of the first subscription issue for both UK and Overseas orders.
If any of our magazines are put on sale in the UK containing a covermount gift or a supplement, you are not guaranteed to receive these covermounts or supplements. Magazines delivered to overseas addresses may not contain covermount gifts or supplements.
18. The Online Archive
Digital Subscribers are currently entitled to access an Online Archive of their magazine in addition to their downloadable subscription issues. The archive is only available in ‘rental’ format via the magazine community website. The archive can only be viewed whilst connected to the internet, and once your subscription ends you will lose access to this archive. MyTime Media reserves the right to withdraw this archive without notice.
19. Digital Subscriptions
When purchasing a MyTime Media Digital Subscription you must follow the simple instructions directions given on your acknowledgement letter in order to activate your subscription. This letter will direct you to a webpage which will contain the most current instructions for accessing your subscription. MyTime Media will endeavour to ensure that these instructions are accurate, however will not be held accountable for errors that may occur due to app software development or human error. Should you find that the instructions provided do not enable you to access your digital downloads, please email email@example.com.
Please note, when purchasing a Print + Digital ‘Bundle’ subscription as a gift, the recipient will receive both the Print copy and Digital copy. It is not possible to split each between the recipient and benefactor.
MyTime Media digital downloads are currently compatible with iPad, iPhone, Android and Kindle devices. Issues can also be downloaded to an Offline Reader on PC computers. You cannot download these issues to PDF to store or reproduce on your computer and any effort to do so will be classified as an infringement on copyright. Please note that digital magazines do not include free plans where these are available with the print magazine.
Apple computer users may use the Silverlight online reader plug in, or can read issues via the Online Archive. If you do not have one of the devices mentioned above, please ensure that your computer or mobile device is compatible before purchasing the Digital Package by emailing firstname.lastname@example.org. A £5 administration charge will be made for any refunds requested due to a subscription being purchased for an incompatible device. Further to point 1 of these terms and conditions, any digital subscription taken out with Merchants other than MyTime Media will be subject to that Merchant’s terms and conditions.
20. Subscription Term
If the magazine ordered changes frequency per annum, we will honour the number of issues paid for, not the term of the subscription.
21. Cancellations and Refunds
An initial 12 month non-refundable contract applies except for special trial offers (in such cases the initial contract will be stated on the promotion). Should you wish to cancel after the minimum term, please contact our customer care team in writing (see contact details below).
Refund requests must be in writing to the Subscriptions Bureau (My Time Media Ltd, 3 Queensbridge, The Lakes Northampton, NN4 7BF) or emailed to email@example.com) and will not be given on accounts with less than £20 credit unless in the case of a magazine closure. If emailing your cancellation please note that your cancellation will not be considered complete until you receive confirmation of receipt (this should usually be within 2 working days).
A £5 admin charge will apply and will be deducted from any refund unless the refund is due to a magazine closer or Subscription Bureau/Publisher error. Such instances will be assessed on a case by case basis and refunds will only be given at the Publisher’s sole discretion. If you are entitled to a refund then we will refund you the cost of the issues not yet issued to you at the time you notify us of your wish to cancel.
Please note that all refunds are issued by cheque unless otherwise agreed with the Publisher. Refunds will be issued in sterling. If you have any queries about refunds kindly contact firstname.lastname@example.org.
22. Liability and Returns
Our liability to you in the event of magazines being lost in the post will be limited either to replacement of the missing issues or extension of your current subscription by the number of missing issues. To the extent permitted by law we exclude all other liability to you. These Terms and Conditions do not and shall not affect your statutory rights as a consumer.
In the case of an incorrect or damaged magazine being delivered, MyTime Media do not require return of this item, but must be provided with photographic evidence of the error; on receipt of this evidence we will despatch a replacement copy where possible. In the instance that MyTime Media cannot supply a replacement issue due to exhausted stock you may request an alternative issue of the same magazine, or request for your subscription to be extended by one issue.
23. Governing Law and Jurisdiction
These Terms and Conditions are governed by English law. You hereby irrevocably submit to the exclusive jurisdiction of the English courts notwithstanding the jurisdiction where you are based.
24. Entire Agreement
These Terms and Conditions override any contrary terms or conditions published by us in relation to any order placed by you with us. These Terms and Conditions also supersede any advice given by an employee of the Subscription Fulfilment Bureau or the Publisher.
If you have any queries or comments about your subscription please contact our Subscription Bureau customer care team:
Customer Contact Centre: +44 (0) 1604 828 748
(Lines are open weekdays 8am – 8pm & Saturday 10am – 3:30pm GMT)
Any complaint escalations should be sent to:
MyTime Media Ltd.
Advertising Terms and Conditions
MyTime Media Ltd
- In these Conditions attaching to Advertising Contracts (‘these Conditions’): ’Publisher’ means MyTime Media Limited and ’Advertiser’ means the person booking the advertising space including Advertising Agents and Independent Media Buyers. Advertising Agents and Independent Media Buyers shall for the purpose of these Conditions act as principals on their own behalf for all purposes connected herewith.’Rate Card’ means the Publisher’s current scale of charges for advertisements, a current copy of which may be obtained from the Publisher.’Contract’means a legally binding booking accepted by the Publisher in accordance with Clause 2 for publication of an Advertisement.’Advertisement’includes loose ‘insert’ or other ‘insert’ where appropriate.’Technical Specifications’means the technical specifications set out, these are attached with all bookings. Please refer back to the Technical Specifications each time you are submitting a new advertisement to ensure that the Technical Specifications are up to date.’Cancellation’of a Contract means cancellation of either all or part of the remaining unperformed part of the Contract unless the context of the relevant condition makes it clear that cancellation of only a specific insertion(s) is referred to.’Weekly’means magazines published weekly by the Publisher.
- All Contracts are subject to these Conditions and no variation or addition thereto shall be effective unless specifically agreed to in writing by the Publisher. Any other terms or conditions sought to be imposed by the Advertiser are expressly excluded.
- The issue of a Rate Card does not constitute an offer by the Publisher to contract. A Contract is made only by the Publisher’s acceptance of the Advertiser’s order as affected by the Publisher issuing an Acknowledgement of Order Form/ written confirmation.
- Advertisement rates are subject to revision at any time and the price prevailing at the time the Contract is made binds the Publisher only in respect of the agreed booking as confirmed by the Publisher’s Acknowledgement of Order Form.
- All orders are accepted subject to acceptance of copy by the Publisher, as indicated in Clause 7, and if it is intended to include in an Advertisement a competition or a special offer of merchandise, other than that normally associated with the advertised product, full details of such competitions or special offers must be submitted by the Advertiser in writing at the time the order is negotiated.
- It is the Advertiser’s responsibility to check the correctness of the Advertisement. The Advertiser warrants that any Advertisement submitted by it for publication shall comply with all applicable laws, legislation, regulations, codes of practice and is not an infringement of any other party’s rights. The Advertiser will indemnify the Publisher fully for all costs, expenses, damages or liability whatsoever (including legal costs and awards ordered against the Publisher) in respect of any claim made against the Publisher arising from the Advertisement or its publication or as a result of any breach or non-performance of any of the representations, warranties or other terms contained herein or implied by law.
- The Publisher reserves the right at any time in its absolute discretion to cancel any Contract or to omit or suspend an Advertisement (for example if it is libellous, unlawful, defamatory, pornographic, socially unacceptable, insensitive or otherwise contrary to editorial policy). Should cancellation, omission or suspension be due to the act or default of the Advertiser or his servants or agents including the unsuitability of the Advertisement as indicated above, then the Advertiser shall pay for the space reserved for the Advertisement in full not withstanding that the Advertisement has not appeared. Such cancellation, omission or suspension shall be notified to the Advertiser as soon as reasonably possible.
- All contents of Advertisements are subject to the Publisher’s approval. The Publisher does not undertake to review the contents of any Advertisements and any such review of and/ or approval by the Publisher will not be deemed to constitute an acceptance by the Publisher that such Advertisement is provided in accordance with these Advertising Terms and Conditions nor will it constitute a waiver of the Publisher’s rights hereunder. If the Publisher considers it necessary to modify space or alter the date or position of insertion or make any other alteration it shall notify the Advertiser of this as soon as it reasonably can.
- The Publisher will exercise reasonable care and skill in the handling and publishing of the Advertisement but where the Advertisement is not published in the manner specified in the Contract, whether through any failure or negligent act or omission on the part of the Publisher or any third party, the Publisher’s maximum liability to the Advertiser shall be limited (at the discretion of the Publisher) to either: (a) publishing the Advertisement (or a replacement Advertisement if provided by the Advertiser) as soon as is reasonably practicable in the period following the period during which the Advertisement was scheduled to run; or (b) refund to the Advertiser the amount of any payment made for the Advertisement concerned. The Publisher shall not be liable for any indirect, special or consequential loss or damage arising from any failure to publish an Advertisement as agreed with the Advertiser, including, but without limitation, any late or incorrect publication, any non-publication or inaccurate reproduction of the Advertisement, whether caused by the Publisher’s error or negligence or by any reason whatsoever. The Publisher shall not be liable whatsoever in respect of any error or omission in respect of publishing the Advertisement which is not notified to the Publisher in writing within 7days of the actual publication date of the Advertisement.
- Cancellation : The Advertiser may cancel any Contract by the Monday of the week that is six weeks prior to the on-sale date of the issue in which the Advertisement was to be inserted. Cancellation will be effective when written notice is received by the Publisher. The Publisher may cancel any Contract by the Thursday seven calendar days previous to the date on the cover of the issue in which the Advertisement was to be inserted.
- If the Advertiser cancels any Contract in accordance with Clause 10, except in the circumstances of cancellation as set out in Clause 8 above, he relinquishes any right to that series discount (if any) to which it was previously entitled and Advertisements will be paid for at the appropriate rate. A new invoice will be issued for any surcharges relating to Advertisements that have already been invoiced at the discounted rate. The payment date for any previous invoices remains unaffected.
- The Publisher shall not be bound by a stop order or cancellation or transfer of the advertisement unless it meets the requirements specified elsewhere on the rate card. Advertising specifications and any such instruction otherwise than prior to the deadline therefore shall not (even though it be followed by the Publisher) affect the Advertiser’s liability for payment for the advertisement. The Publisher may treat as a cancellation after the deadline the fact that the Advertiser is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or is otherwise in breach of any of these conditions.
- In circumstances where, at the Publisher’s discretion, the Publisher arranges to supply proofs of Advertisement copy to the Advertiser, all copy must be supplied by the Advertiser to the Publisher by the last day for receiving copy as stated by the Publisher, failing this the Publisher cannot guarantee that proofs will be supplied or corrections made. If copy instructions are not received by the last day for receiving copy the Publisher reserves the right in its absolute discretion to repeat Advertiser’s existing copy in its possession where appropriate or where the Publisher does not hold any copy to omit the Advertisement and to charge for the space reserved in accordance with Clause 7. For copy supplied via electronic means, the Advertiser must adhere to the Technical Specifications issued by the Publisher. In the event that the Advertiser does not comply with the Technical Specifications, the Publisher reserves the right in its absolute discretion to reject the copy and the Advertiser will be asked to re-supply. If, due to technical, time or other reasonable constraints, the Publisher has to repair or rectify the file, the Publisher will notify the Advertiser and shall not be liable for any inaccurate reproduction of the Advertisement or any resulting costs whether direct or indirect. In the case of bound insert advertising, if the Advertiser fails to adhere to the Insert Delivery Instructions issued by the Publisher, the Publisher reserves the right in its absolute discretion to omit the Advertisement and to charge for the Advertisement in full notwithstanding that the Advertisement has not appeared.
- i) The copyright for all purposes in all artwork, copy and other material which the Publisher or his employees have originated or reworked shall vest in the Publisher. (ii) The Publisher is hereby authorised to record, reproduce, publish, distribute and broadcast (or to permit the same) all advertisements (including but not limited to text, artwork and photographs) and to include and make them available in any information service, electronic or otherwise. (iii) The licensing of fonts used in any advertising created or reworked by the Publisher will be the sole responsibility of the advertiser.
- Advertiser’s property, originals, artwork, type, mechanicals, digital files and proofs, positives etc are held by the Publisher at the owner’s risk and should be insured by the Advertiser against loss or damage from whatever cause. After performance of the Contract relating to such materials, the Advertiser shall be responsible for collecting all such materials which it requires from the Publisher’s premises, failing which, the Publisher reserves the right to destroy all artwork which has been in its possession for more than three months and no liability shall be attached to the Publisher in respect of such destruction.
- There is no obligation on the Publisher to supply voucher copies or tear sheets and their absence shall not affect the Advertiser’s liability for the agreed charge. Voucher copies or other acceptable facsimile illustrating publication of advertisements can be made available on request.
- TERMS OF PAYMENT
- (a) Unless otherwise stipulated by the Publisher, payment is due to be received from the Advertiser within 14 days following the date of invoice. If the Advertiser defaults in making payment of any sums by the due date, the Publisher reserves the right to require immediate payment for all advertising space booked by the Advertiser (failing which the Publisher shall be entitled to terminate the Contract forthwith by written notice to the Advertiser) and to require payment in advance for future bookings, and pending such payment to omit or suspend all or any Advertisements due to appear under an existing Contract with the Advertiser. The Publisher reserves the right to impose a surcharge of 4% per month on overdue amounts.
- (b) Advertising Agents and Independent Media Buyers not recognised by the Periodical Publishers Association and Advertisers placing business direct will be required to pre-pay the account two weeks prior to the final copy date for each Advertisement.
- (c) The Publisher may in its discretion provide account facilities to a non recognised Advertising Agent, Independent Media Buyer or direct Advertiser once he has pre-paid and demonstrated a good payment record for insertions in 12 separate issues for an individual publication or publications published by the Publisher. Any credit will only be granted after obtaining satisfactory banking, trade and credit reference agency clearance and the Advertiser will be informed by the Publisher once it is ready to provide such account facilities.
- (d) The Advertiser shall not set-off or claim to set-off for any reason whatsoever any sum or amount whether in dispute or agreed which may be payable by the Publisher to the Advertiser against any sum or amount whatsoever payable by the Advertiser to the Publisher.
- The Advertiser expressly acknowledges that he has not relied on any representation made by or on behalf of the Publisher in entering the Contract.
- No person who is not a party to this Contract has any right under the Contracts (Right of Third Parties) Act 1999 to enforce any part of this Contract.
- These Conditions and all other terms of the Contract shall be construed in accordance with the Laws of England and the parties submit to the jurisdiction of the English courts.