| 1 DEFINITIONS 1.1.1 "Additional Services" the services described in Clause 1.2 (c) and 1.2(d) below 1.1.2 "Biteback" means Biteback Media Limited registered in England No. 06455159 - its registered office is at Manfield House 1 Southampton Street London WC2R 0LR England - the publisher of TOTAL POLITICS . Biteback's principal trading address is currently 7 Cowley Street London SW1P 3NB. 1.1.3 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977; 1.1.4 "Contract" means a contract between Biteback and the Subscriber for the sale of a Subscription incorporating these Terms and Conditions; it expressly excludes however any entitlement to free services and/or any service or facility offered by Biteback for which additional terms of business have to be agreed by the subscriber through this website; 1.1.5 "Free Services" facilitated access subject to prior successful registration through this website to the website and the Interactive Services whether in bulletin board chatroom weblog letters page or other format but excluding the right to access the E-Zine; 1.1.6 "Interactive Service" means any one or more of a bulletin board chatroom weblog or interactive letters page to which materials may be uploaded or posted by current Subscribers 1.1.7 "E-Zine" TOTAL POLITICS magazine in Online format 1.1.8 "Registrant" means any individual person who completes a template for access to www.totalpolitics.com and in particular the Free Services available thereon. 1.1.9 "Registration" steps to be completed by any Registrant wishing to acquire access to the Free Services to post contributions or to upload materials on the same: 1.1.10 "Subscriber" means the individual or organisation whether or not a Registrant who buys or agrees to buy a Subscription whether online for the E-Zine or in hard copy format who subsequently avails him/her /itself of an online access to the publication from Biteback; 1.1.11 "Subscription" means a contract giving the Subscriber the right to access or to receive physically as the case may be editions of TOTAL POLITICS for a defined period which the Subscriber contracts (whether by email or otherwise) to buy from Biteback; 1.1.12 "Terms and Conditions" means the terms and conditions upon which the Subscriber subscribes to the publication through (or as a hard-copy Subscriber subsequently accesses) the Website; 1.1.13 "TOTAL POLITICS" means the periodical publication whether in hard copy or E-Zine format 1.1.14 "Website" means Biteback's on-line facility the url of which is http://www.totalpolitics.com 1.2 The services currently offered or to be offered by Biteback from this website are (a) subscriptions to the E-Zine and other online publication(s) offered from time to time; (b) online bulletin boards, chatrooms fora weblogs letters pages and other webpages (c) advertising services; and (d) online shopping facilities for services and products promoted by Biteback or offered through this website in conjunction with declared third party suppliers we currently supply from this Website 1.3 Only current Registrants are entitled to access the services described in 1.2(c) and 1.2(d). Biteback reserves the right to limit access to those services to Subscribers to TOTAL POLITICS. The services described in 1.2(c) and 1.2(d) are subject to additional contractual terms of which a Registrant must be aware before contracting for the same; |
| 2 CONDITIONS 2.1 Nothing in these Terms and Conditions shall limit or exclude the statutory rights of any person resident in the European Economic Area who is a consumer. 2.2 These Terms and Conditions shall apply to all Contracts and shall prevail over any other documentation or communication from the Registrant or the Subscriber. A Registrant may only register if the Registrant complies with the registration requirements set out elsewhere on this Website; 2.3 Accessing the E-Zine following purchase of a Subscription shall be deemed conclusive evidence of the Subscriber's acceptance of these Terms and Conditions. 2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing and signed off by Biteback. 2.5 Any complaints should be addressed in writing and sent by email to info@totalpolitics.com or by first class or equivalent pre-paid post or mail to Customer Relations at Biteback's trading address stated in clause 1.1.2 3 ORDERING 3.1 An order for a Subscription shall be deemed to be an offer by a potential subscriber including a Registrant (if first time) or renewing Subscriber to purchase (or renew) a Subscription pursuant to these Terms and Conditions and is subject to acceptance by Biteback. Biteback may choose not to accept or to renew an order for any reason. 3.2 Where a Subscription (or renewal as the case may be) which is ordered is not accepted by Biteback Biteback will endeavour to notify the (potential) Subscriber within a reasonable time. If payment has already been tendered by the (potential) Subscriber, Biteback will transmit a refund to the (potential) Subscriber within 28 days of Biteback receiving that payment in cleared funds. 3.3 Each Subscriber is reminded of the terms governing the use of this Website and of the Subscriber's responsibility to insure the security of any of his her or its password and credit or debit card details used in the purchase process |
| 4. PRICE AND PAYMENT 4.1 The price of the Subscription shall be that stipulated and advertised on the Website or in TOTAL POLITICS at the time of purchase. The price shown is exclusive of delivery charges and VAT if any. The price includes online access to the E-Zine but excludes any charges for Additional Services. 4.2 The total purchase price, including VAT on delivery charges for hard copies of the Magazine if any will be displayed in the Subscriber's shopping cart prior to confirming the order (or its renewal as the case may be) . 4.3 After a Subscription order is received on-line and Biteback is willing to process the same Biteback shall confirm by email the description of the publication subscribed for the subscription period the subscription renewal date the price for the Subscription and information on the right of a Consumer resident in the European Union to cancel after acceptance of the order. 4.4 Payment of the price (plus delivery charges where physical delivery is required) must be made in full before activation of a Subscription or Subscription renewal (as the case may be) to a Subscriber . 5 RIGHTS OF BITEBACK 5.1 Biteback reserves the right to update prices (either or both up and or down) on the Website. Biteback shall make every effort to inform Subscribers of any change to prices between the time the Subscriber places an order and that order is accepted. 5.2 Biteback reserves the right at its complete discretion to refuse to process any Subscription order or Subscription renewal order at any time. 5.3 Biteback shall not be liable to anyone for refusing to process any Subscription order or Subscription renewal order beyond refunding in full any monies tendered with such order. |
| 6. AGE OF CONSENT 6.1 No order will knowingly be accepted from any person who is under the age of 18. Biteback will not be responsible for ensuring that declarations of age made to it are truthful. The Subscriber will be asked when placing an order to declare that the Subscriber is of the appropriate legal age to purchase (or renew) the Subscription . Any person who tries to buy or to renew a Subscription from Biteback who is not permitted by that Subscriber's local law to use a credit or debit card under an age which is greater than 18, will be deemed for the purposes of this agreement to be an adult. 6.2 If Biteback discovers that the Subscriber is not legally entitled to buy or to renew a Subscription , Biteback shall be entitled to cancel the order immediately, without notice. 7. THE EC DIRECTIVE ON DISTANCE SELLING (DIRECTIVE 97/7) RATIFIED BY THE CONSUMER PROTECTION (CONTRACTS CONCLUDED BY MEANS OF DISTANCE COMMUNICATIONS) REGULATIONS 2000 REQIURES US TO INFORM YOU OF THE FOLLOWING WHICH IS TO BE READ WITH AND FORMS A PART OF THESE TERMS AND CONDITIONS 7.1 IDENTITY Biteback is responsible for operating this website the publication of TOTAL POLITICS and is the supplier of Subscriptions and Additional Services purchased from this Website unless expressly stated otherwise. Biteback Media Limited ("Biteback") is registered in England No. 06455159 - and its registered office is at Manfield House 1 Southampton Street London WC2R 0LR England. Biteback's principal trading address is currently 7 Cowley Street London SW1B 3NB. 7.2 DESCRIPTION AND PRICE Subscription rates are set out (together with the value added and/or any other applicable tax if any) on this Website 7.3 DELIVERY 7.3.1 Subscriptions supplied online will normally be activated within 48 hours of receipt of cleared payment for the same. Where physical copies of the E-Zine are to be delivered to the Subscriber's address, the cost of mail delivery of an individual copy within the EEA the first edition due under a hard copy Subscription within the UK will be delivered within a maximum 30 days of acceptance of the order if ordered on or before the tenth day in any month . If the hard copy subscription is to be supplied outside the UK the first edition due will normally be delivered within 31 working days of acceptance of the order. For example Hard copy orders placed and accepted by Biteback on or before 8th August xxxx will be satisfied by delivery of the immediately following (September) edition on or after 22nd August xxxx. Hard copy orders placed on 9th August xxxx will be satisfied by delivery of the next following (ie: October ) edition. 7.3.2 Time of delivery shall not be of the essence and subject always to Clause 9.3 below Biteback shall not be liable for any losses, costs, damages or expenses incurred by any Subscriber or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. 7.3.3 Delivery of a hard copy Subscription shall be made to the Subscriber's address specified in the order and the Subscriber shall make all arrangements necessary to take delivery of the hard copies whenever they are tendered for delivery 8 CANCELLATION AND RETURN 8.1 A consumer Subscriber ordinarily resident within the European Economic Area may cancel the Subscription for any reason up to seven working days after the subscription has been activated online and any payments made by the Subscriber shall be refunded in full within 28 days. 8.2 If you are a consumer ordinarily resident within the European Economic Area who has purchased a hardcopy Subscription you have the right to cancel the Contract and receive a refund by informing Biteback by writing to 7 Cowley Street London SW1B 3NP. or by email at www.totalpolitics.com within 7 working days of receipt of the Subscription . The right to cancel does not apply to contracts for the supply of software, audio or visual recordings if these have been unsealed by the Consumer. 8.3 If you as a consumer ordinarily resident within the European Economic Area exercise your right to cancel the Contract you will receive a refund of all monies paid for the Subscription (including delivery charges and VAT, if any) except for return postal charges. Subscribers who are consumers resident in the European Economic Area are referred to the terms of Clause 7 above |
| 9. EXCLUSIONS OF WARRANTY AND LIMITATION OF LIABILITY 9.1 Biteback is providing this Website on an 'as is' basis and makes no representations or warranties of any kind with respect to this site or its contents and disclaims all such representations and warranties. In addition, Biteback makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information and related graphics published on this website. The information contained in this site may contain technical inaccuracies or typographical errors. All liability of Biteback howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law. 9.2 Neither Biteback nor any of its directors, employees or other representatives will be liable to any one person for loss or damage arising out of or in connection with the use of this site exceeding the cost of a subscription to TOTAL POLITICS for the period of subscription. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. 9.3 Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights any person may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit Biteback Media Ltd's liability to any person either for fraudulent misrepresentation of its officers employees or agents for whom it is responsible or for death or personal injury resulting from the negligent acts or omissions of its directors employees or agents. 10. WAIVER No waiver by Biteback (whether express or implied) in enforcing any of its rights under these terms and conditions or under the terms under which any Registrant has access to the Free Services shall prejudice its rights to do so in the future. 11. FORCE MAJEURE Biteback shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control including but not limited to acts of God supervening international national or local legislation regulation or action strikes lock outs accidents war fire failure of any communications telecommunications or computer system breakdown of plant or machinery; in relation to any temporary interruption in the supply of services to a consumer Biteback shall be entitled to a reasonable extension of time to fulfil its obligations under EC Directive 97/7. 13. SEVERANCE If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated. 14. CHANGES TO TERMS AND CONDITIONS Biteback shall be entitled to alter these Terms and Conditions at any time but save insofar as Biteback is required by supervening international national or local regulation to alter or amend these terms to avoid a transgression of any directive statute or decree this right shall not affect the existing Terms and Conditions accepted by the Subscriber for the remaining unexpired period of a current subscription. 15. GOVERNING LAW AND JURISDICTION These Terms and Conditions shall be governed by and construed in accordance with the law of England and Wales and the parties hereby submit to the exclusive jurisdiction of the English courts. |