These terms and conditions ("terms") set out the terms on which UBM (UK) Limited ("UBM", "we", "us" and "our") supplies products to you as part of your subscription an individual purchaser. We have a different set of terms for our corporate customers here http://ubm.subscribeonline.co.uk/terms-and-conditions
Please read these terms carefully before placing an order. You should understand that by placing an order with us, you agree to be bound by these terms. If you have any queries please contact us using the contact details listed at the end of these terms.
From time to time we may revise and amend these terms. Each set of amended terms will be posted on our website and we recommend that you check the website regularly for changes. A copy is also available on request at any time. Please review these terms each time you make a purchase and print a copy for future reference. By making a purchase following our update to the terms, you agree to be bound by the new terms.
We also have terms which govern use of our website here http://www.building.co.uk/ We also recommend that you read our Frequently Asked Questions before you purchase any products from us here https://ubm.subscribeonline.co.uk/faqs
In particular, we would like to draw your attention to section 3.3 (Account Security), section 8 (Your right to cancel or change your subscription), section 9 (Changes to your subscription) and section 11 (Our liability to you).
1. OUR PRODUCTS
1.1 Our current products are listed on our website. We reserve the right to amend the number, type or price of our products at any time, so please check back to our website immediately before placing an order.
1.2 Purchases of the iPhone app are available via the Apple store only and are not covered by these terms. Please review Apple's own terms of sale before purchasing.
2. ORDERING PROCESS
2.1 You may place an order via our website, by post, email or telephone.
2.2 Once you have placed an order we will send acknowledgement that we have received your order. This does not mean we have accepted your order. All orders are subject to acceptance by us and this acceptance will only take place when we confirm acceptance by post or email setting out the details of the subscription including the name of the products, the price and other commercial information (the "Confirmation"). The contract between you and us will only be formed when we send you the Confirmation.
2.3 We reserve the right in our sole discretion to not accept any order.
2.4 Once you have received the Confirmation, your subscription will continue for the specified length of the subscription unless and until it is ended by either of us in accordance with these terms.
3. REGISTRATION FOR OUR ONLINE SUBSCRIPTIONS
3.1 If you wish to use our online products, you will need to register for an account on our website and provide us with information about yourself. You agree to (i) provide true, accurate, correct and complete information and (ii) notify us promptly of any changes to this information.
3.2 You agree that you will not impersonate any other person or use a false name or a name that you are not authorised to use.
4. ACCOUNT SECURITY
4.1 You are responsible for all activity undertaken using your online username and password. You must keep your password and username in a safe place and do not allow your password or user name to be used by any other person to access our website. If you believe that your account or password is being or is about to be used by anyone else you should inform us immediately.
5.2 We will deliver print products to your nominated address. We will endeavour to deliver print products within 7 days of publication date of the applicable product.
5.3 We will not be liable to you for any delay or non-delivery of our products if you have supplied us with an incorrect or incomplete address. If you do not receive the relevant product within the expected time frame please contact us at the details set out at the end of these terms.
6.1 Each of our products has different subscription option, length of subscription and price. Please check the applicable price at the time of placing your order.
6.2 We try to ensure that all prices stated are accurate but pricing errors may occur. In the event of a pricing error we will not be obliged to sell the products to you at the price shown. In the event of an error, you may cancel your order or, if you agree to pay the correct price, we will proceed with your order.
6.3 Our products are available for payment in sterling only. We are not responsible for any charges your bank or your payment card issuer may apply so please check with your bank before placing your order.
6.4 Any price quoted will be inclusive of delivery charges and applicable taxes unless expressly otherwise stated as VAT is calculated on our online products only. Where a subscription includes both our online and print products, any VAT amount will apply to the online products only.
6.5 If ordering from outside the UK, you may be subject to import duties and taxes, which are applied once the product is delivered to you. We have no control over these charges and accept no liability for them. You will be solely responsible for any of these charges so please check before placing your order.
7.1 You can pay for our products by cheque, credit or debit card or by Direct Debit. You may also pay by BACS where we have issued an invoice.
7.2 Orders made by credit or debit card 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 refund the amount paid to your payment card. We reserve the right to suspend your subscription until payment is received by us in full.
7.3 By providing the details of a credit or debit card, you confirm that you are authorised to purchase the products and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorised to use such card.
7.4 If you select to pay by Direct Debit, this will be set up with your nominated bank. The Direct Debit Guarantee is offered by all banks that accept instructions to pay Direct Debits. Please ask your bank for further details.
8. TERM AND RENEWALS
8.1 Unless otherwise agreed, your subscription shall run for an initial term of twelve (12) months.
8.2 We will send you renewal reminders before your subscription is due to expire. If there has been a change in the price of the applicable product, we will inform you in the renewal reminder. If you wish to renew your subscription please contact us on the details at the end of these terms.
8.3 Please note that if you pay for your subscription by Direct Debit, your subscription will automatically renew for a further [annual] term unless and until cancelled in accordance with these terms.
9. YOUR RIGHT TO CANCEL OR CHANGE YOUR SUBSCRIPTION
9.1 You may cancel your subscription package at any time up to 14 days after you receive the first edition of your chosen product (the "Cooling Off Period") by notifying us at the contact details set out at the end of these terms. For our online products, once you verify your subscription number on our website to gain access you shall be deemed to have accepted these terms and the applicable product and you will no longer be able to cancel your order in accordance with this section.
9.2 Once we have received notice from you in accordance with this section, we will provide a refund to you of the price paid for the applicable product in the same payment method as you made payment to us.
9.3 For our print products, please return the applicable products to us at the address at the end of these terms.
9.4 If you selected a print product as part of your subscription and it is damaged during delivery or you receive a product that you did not order, please return it to us at the address provided at the end of these terms. We will provide a replacement product or a refund of the amount paid for the applicable returned product.
9.5 You can cancel your subscription at any time by contacting us at the address set out at the end of these terms. Please note that after the Cooling Off Period (defined above) has ended, you shall not be entitled to any refund in whole or part for any un-delivered part of the subscription. If you pay by Direct Debit you must also cancel the Direct Debit with the bank otherwise your bank may continue to make payments.
9.6 If you want to change your subscription package (for example to one of our other products) you can do this at any point during your subscription by contacting us at the address set out at the end of these terms. We will provide you with the applicable updated price and product information.
10. CHANGES TO YOUR SUBSCRIPTION
10.1 From time to time we may decide to change the content, topic or format of our products (eg we may decide to change our print products to make them online-only products or combine certain products, or discontinue a product altogether). As a result this may mean that we no longer supply the exact product you originally selected for your subscription.
10.2 If we decide to change a product in accordance with clause 10.1 or discontinue one of our products during the course of your subscription, we will notify you in writing and:
10.2.1 provide an alternative product if, in our reasonable opinion, the alternative product includes substantially the same material and content as the original product in the subscription; or
10.2.2 if the product (or any part of it) cannot be replaced with an alternative product, provide you with a refund of any part of the subscription that relates to the undelivered product including, for example, a refund for the print element of a print and online product where the product has been changed to an online-only product.
10.3 If you decide that you no longer want to continue with your subscription for the alternative product provided under clause 10.2.1 you may cancel your subscription by contacting us within one month of receiving the alternative product. The request to cancel the subscription must be made in accordance with clause 15. If you decide to cancel we will provide you with a refund of any un-delivered part of your subscription.
10.4 We reserve the right to change the title of any of our products without giving notice to you provided that in our reasonably opinion the content of the publication remains substantially similar to the existing product.
10.5 We reserve the right to cancel your subscription and/or terminate your online account (if applicable) if, in our reasonable opinion, you are in breach of any of these terms. If your account is terminated in accordance with this section 10, we shall be under no obligation to provide a refund to you of any un-delivered part of the subscription.
11. OUR LIABILITY TO YOU
11.1 We do not accept responsibility for any loss or damage which occurs once our products have been left at the delivery address or accessed via our website.
11.2 We reserve the full editorial control over our products (both online and print). We reserve the right to make changes to our products at any time including, but not limited to, our editorial approach; the right to remove certain content which may be or become contentious, complained about, unlawful, or which has not been complied in accordance with our requirements; and the look, feel and functionality of our products.
11.3 Except as expressly stated in these terms, we do not give any representation, warranties or undertakings in relation to our products. Any representation, condition or warranty which might be implied or incorporated into these terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that our products are suitable for your purposes.
11.4 Our liability for losses you suffer as a result of us breaching these terms is strictly limited to the payments made by you to us for the applicable product.
11.5 This section 11 does not exclude or limit in any way our liability for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for any deliberate breaches of these terms by us that would entitle you to terminate the contract between us; or for any matter for which we cannot exclude, or limit our liability under applicable law.
12. SUBSCRIPTION GIFTS
12.1 If your ordered product includes a free gift, please allow up to 28 days for delivery. Gifts are sent out separately following payment of your subscription. Only one gift is allowed per order and all gifts are subject to availability. In certain circumstances, we may need to substitute the gift advertised with one of our other gifts. Please check for any additional terms and conditions of the specific offer at the time of ordering. We reserve the right to withdraw a promotion at any time.
12.2 Free gifts and/or our trial subscription periods may only be available if you subscribe for a certain minimum period. Please see the product description at the time of placing your order.
14. WRITTEN COMMUNICATIONS
14.1 When using our website, you accept that communication with us will be mainly electronic and you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
15.1 All notices given by you to UBM (UK) Limited must be given to us at email@example.com. We may give notice to you by posting the notice on the website or at the e-mail or postal address you provide to us when registering for an account/placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations (including, but not limited to, delivery of our products) where such failure or delay is caused by any act, event, circumstances, omission or accident beyond our reasonable control.
17. OTHER TERMS
17.1 We may transfer our rights and obligations to another organisation, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
17.2 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
17.3 Each of the sections of these terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.4 If we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18. LAW AND JURISDICTION
18.1 These terms are governed by English law. Any dispute arising from, or related to, these terms (including contractual and non-contractual claims) shall be subject to the exclusive jurisdiction of the courts of England.
19. CUSTOMER SERVICES AND ACCESS TO YOUR ACCOUNT
19.1 Our customer services team can be contacted between Monday-Friday 8am-8pm and Saturday 9am-1pm (closed Sunday).
BD Online: +44 (0)8442 456 956
Building Online: +44 (0)8443 221 218
BD: +44 (0)8448 150 051
Building: +44 (0)8442 490 280
Address: UBM (UK) Limited Subscriptions Department, Building 800, Guillat Avenue, Kent Science Park, Sittingbourne, ME9 8GU, general enquiries +44 (0)8448 150 850 - +44 (0)8448 150 851
19.2 Please help us to ensure that the details you provide us with are kept up to date. You can access and update your information by contacting us at firstname.lastname@example.org to provide updated information.
19.3 You can access your subscription details online to renew, update details, request replacement issues and see delivery dates via your account at: https://ubm.subscribeonline.co.uk/the-ubm/login