1. About these terms
These website terms and conditions (“terms”) apply in respect of any access by you to content on, or purchase by you of subscription products or services via, any of the following website(s) of Cross Border Limited (“we” or “us”):
These terms were last updated on 22 April 2013 and replace all previous terms and conditions for the above sites. We may update these terms from time to time for legal or regulatory reasons, or to reflect changes in our services or practices. Any new versions of these terms will state what has been changed from the previous version, and if you are a subscriber, we will notify you by email of any material change that affects you. You should regularly check this page to see if any changes have been made. If you are a subscriber, any changes will become effective from the date of your next payment following the change unless we notify you otherwise. If you are not a subscriber, any changes will become effective as soon as we notify you of them.
For the terms and conditions governing purchase of advertising or sponsorship space in our publications, please click here or, if you’re in the US, here.
2. About us
We are registered in England and Wales under company number 372489 and with its registered office at 67-69 George Street, London W1U 8LT, UK. Our VAT number is GB 626 819 221.
Our main trading addresses are: Churchill House, 142/146 Old Street, London, EC1V 9BW, UK, and 65 Broadway, Suite 605, New York, NY 10006, USA.
You can contact us by emailing or calling our customer services team, whose contact details are provided at the end of these terms.
Certain parts of these terms will only apply to you if you are purchasing access to our products or services as a consumer. If you seek to rely on those provisions, and there is any uncertainty as to whether you are in fact acting as a consumer, then we may require you to provide evidence of that status. Where you are acting as a consumer, then these terms are intended to comply with all of your statutory rights as a consumer under English law. However, in the event of any uncertainty, your statutory rights as a consumer will take priority over these terms.
Where you are not acting as a consumer, then by ordering subscription products from our website(s), you agree that Sections 9(1), 9(2) and 11 of the Electronic Commerce (EC Directive) Regulations 2002 shall not apply to such order and any agreement between us in relation to such order.
4. Access and use of online content
Access to our sites is permitted in accordance with, and subject to your compliance with, these terms.
You are responsible for making all arrangements necessary for you to have access to our sites. You are also responsible for ensuring that all persons accessing the sites through your internet connection are aware of these terms and that they comply with them.
If you are provided with a user ID, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party.
The amount of online content you may view on our sites depends on the level of access you have purchased as part of your subscription. Full details of those various levels can be seen here.
Permitted use: All content published on our sites, and all rights in that content (including copyright and database rights) is owned by us or our licensors. No intellectual property rights in that content are transferred to you. You may do the following:
Restrictions on use: You may not use any content for any purpose other than those set out above. By way of example only, you may not:
5. Reliance on our sites and content
We will endeavour to operate our sites and publish content using reasonable skill and care and will use reasonable efforts to promptly remedy any fault of which we are aware. This is the full extent of the promises or warranties we give you regarding our sites, content and services.
Our sites and all content are provided on an “as is” basis, and we do not make any promises or warranties regarding their quality, accuracy, security, timeliness or currency, fitness for purpose, availability, or the functionality of our sites.
Our content is for general information purposes only and is not intended to meet your particular requirements. Commentary and other materials posted on our sites are not intended to amount to advice, recommendation or endorsement on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed by any visitor to the sites or anyone who may be informed of any of their contents, to the fullest extent permitted by law.
6. User generated content (“UGC”)
Certain sections of our sites (such as blogs or forum) may contain content that has been added by users – user generated content, or UGC.
If you wish to add any UGC or participate in any discussion on our sites, then you agree to comply with the rules set out in this section.
You will retain ownership of any UGC you post to any page of our site, but in posting it, you are granting to us a right to publish, re-use, archive, modify, delete or commercially exploit that UGC in whole or in part as we see fit on our sites or elsewhere (online or offline) and at any time, without any requirement to pay you or attribute the content to you, and without any obligation to seek further consent or permission. The licence you grant us is perpetual and irrevocable, and you waive any moral rights you may have in relation to the UGC.
You take full responsibility for any if your UGC that you or we publish, and agree to be responsible for any claim made against us by any third party in relation to your UGC.
You agree that:
Because of the nature of UGC, we cannot guarantee the accuracy or quality of any UGC posted on our sites. While we endeavour to enforce the rules set out in this section, we can not fully monitor or moderate all UGC published on our sites and some users may abuse the forums or blogs or otherwise misbehave.
If you believe that any UGC published on our sites is untrue, offensive, unlawful, misleading or otherwise fails to comply with these terms, then you can notify us by emailing us at firstname.lastname@example.org. Upon receiving any complaints about UGC, we will review the UGC in question and may then decide to remove or edit it.
We give no warranty that our sites are free from viruses, worms or any other code having similarly destructive properties. Users of the sites are responsible for installing their own up-to-date anti-virus or virus-checking software.
8. Our sites change regularly
We update our sites regularly and so may change the content at any time. If the need arises, we have the option to suspend the sites or to close them indefinitely.
From time to time, our sites and/or certain content on them may be unavailable if we need to undertake maintenance work, and we give no warranty or assurances that our sites or all or any of the content on will be them will be available at all times or at particular times. We reserve the right to change or remove content at any time.
9. Linking to our sites
You may link to the home page of any of our sites, provided you do so in a way that is fair and legal and which does not damage our reputation or take advantage of it. In particular, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our sites must not be framed on any other site, nor should you establish a link to any part of our sites other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our sites other than that set out above, please address your request to email@example.com.
10. Links from our site
Our sites contain links to various sites and other resources provided by third parties. These links are provided for your information only. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may be suffered in connection with your use of them.
11. Confirmation of your order and our right to refuse orders
We will confirm your order to you by email in good time after it has been received and processed by us.
We reserve the right not to fulfill and to cancel orders:
(a) in the event of obvious inaccuracies in prices; or
(b) if we are unable to obtain payment authorization from the issuer of your payment card.
In those circumstances, we will endeavour to contact you using the contact details you have provided.
12. Delivery of print editions
Where your subscription includes physical delivery of print editions Corporate Secretary, we will deliver the magazines to the address you notify to us when you place your order. 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.
It is your responsibility to notify of us in any change of your address.
The costs of delivery are included in the subscription rates offered, which may differ depending on the location of your preferred delivery address.
13. Terms of your subscription
For standard subscriptions, you can choose between two options:
(a) A rolling monthly subscription, which means your subscription will renew every month for further periods of one month, unless you tell us you want to cancel it before it is due to renew. Should no notification of cancellation be received, at the time of renewal, we will submit an invoice to your registered email or postal address; or
(b) a rolling annual subscription, which means your subscription will renew every 12 months for further periods of 12 months, unless you tell us you want to cancel it before it is due to renew. Should no notification of cancellation be received, at the time of renewal, we will submit an invoice to your registered email or postal address.
For professional subscriptions you will enter into a rolling annual subscription, which operates as in b) above.
Please note that our subscription rates may change from time to time. If there is any change in our rates, we will send to you details or our new rates in advance of your renewal date or attempting to take payment.
If any content you have ordered changes frequency per annum, we will honour the number of issues paid for, not the term of the subscription.
We may in exceptional circumstances cease to publish the sites or the content on them, or cease to provide subscription services. If we do so, then we will have no further obligation to you, unless you are a subscriber in which case we will offer you a refund of the unexpired period of your subscription.
14. Cancellations and refunds
You may cancel your subscription contract at any time by notifying our customer services team, and your subscription will not be renewed the following year (for annual subscriptions)/month (for monthly subscriptions). Please note that we do not refund any proportion of a subscription – you will continue to be a subscriber throughout the year (for annual)/month (for monthly) in which you inform us of your wish to cancel and the subscription lapses at the end of that period.
If you are a consumer: you may cancel your order for any reason up until, but no later than, 7 working days after the date on which you received an order confirmation or email from us. However, please note that if you activate your subscription within that 7 days you will lose your right to cancel.
If you decide to cancel in this way, then we will refund any money already paid by you within 30 days, and you must return any print magazines already sent to you (postage costs to be met by you). Upon such cancellation, you acknowledge that any rights you would have had to use or view online content no longer apply, and you agree to delete any copies in your possession.
Credit Card Refunds: please note that all credit card refunds will be issued in US dollars or £ sterling. Your credit card company will convert the sterling amount into your local currency and may charge an additional fee for completing the transaction. If you have any queries about credit card refunds please contact our customer services team.
15. Promotional offers
From time to time, we may make special promotional offers on subscriptions. Those offers are subject to the terms and conditions under which they are made, and cannot be applied retrospectively to orders already placed with Cross Border Limited.
We can accept payment using Visa, American Express or Mastercard, or you can choose to pay using Paypal Express Checkout. Payment will be taken immediately upon our acceptance of your order.
Subscription rates in currency other than GBP (£):
Prices quoted in euro (€), Canadian dollars or US dollars are an approximate figure only, calculated with references to the GBP (£) price.
For purchases made in €, all credit cards will be debited in pounds sterling by your bank or building society on our behalf. Euro prices shall be converted by us at the rate of exchange published by www.xe.com on the day that the credit card is charged. Your bank or building society may apply a different exchange rate to that applied by us to convert the pounds sterling amount to your local currency and/or charge an additional fee for the transaction. For purchases made in Canadian dollars, all credit cards will be debited in US $ by your bank on our behalf. Canadian $ prices shall be converted by us at the rate of exchange published by www.xe.com on the day that the credit card is charged. Your bank may apply a different exchange rate to that applied by us to convert the US $ amount to your local currency and/or charge an additional fee for the transaction.
For purchases made in US dollars (for Asia-Pacific subscribers), all credit cards will be debited in pounds sterling by your bank or building society on our behalf. US $ prices shall be converted by us at the rate of exchange published by www.xe.com on the day that the credit card is charged. Your bank or building society may apply a different exchange rate to that applied by us 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 us please contact our customer services team.
If you are not a paying subscriber to our content, then we do not have financial responsibility or liability to you arising out of your use of our sites or access to our content, or in connection with these terms.
If you are a subscriber, then save in respect of our liability for death or personal injury caused by our negligence, or for fraud, the only liability we accept for direct damages actually incurred by you as a result of your use of our sites and/or content in accordance with these terms, subject to a limit equal to the price paid by you to us for your subscription during the year in which you incur the damage. To the fullest extent permitted by law, we disclaim and exclude liability for all other types of loss and damage.
18. Data Protection
19. Governing Law
These terms are to be interpreted in accordance with and governed by English Law and shall be subject to the non-exclusive jurisdiction of the English courts.
If you are consumer, you may choose for the English, Welsh, Northern Irish or Scottish courts to have jurisdiction.
If you have any queries or comments about your subscription please contact our customer services team:
Phone: +1 212 430 6861