Terms and conditions
Combined Website Terms and Conditions for Retail-Week.com and Retail Week Prospect
These are the terms and conditions (‘Terms and Conditions’) that govern your use of the domains associated with the URLs www.Retail-Week.com and www.RetailWeekProspect.com (each the ‘Website’).
1. Introduction
a. The Website is operated by Ascential Information Services Limited, company number 7880716 (England) whose registered office is at c/o Ascential Group Limited, The Prow, 1 Wilder Walk, London W1B 5AP (‘Ascential’).
b. Please read these Terms and Conditions carefully before using the Website. By accessing any part of the Website, you will be deemed to have accepted these Terms and Conditions in full regardless of whether or not you choose to register on the Website. If you do not accept these Terms and Conditions, you must leave the Website immediately.
c. Ascential may revise these Terms and Conditions at any time by posting an update on the Website. Your continued use of the Website after any such change constitutes your acceptance of the new Terms and Conditions and they will be binding on you. You should therefore check the Website from time to time to review the current Terms and Conditions.
2. Disclaimer
a. Whilst Ascential endeavours to ensure that the Website is normally available 24 hours a day, it will not be liable for any reason if the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair for any reason or for any other reasonable cause.
b. You acknowledge that whilst Ascential endeavours to ensure that information on the Website and any related material provided to you by Ascential, whether by email or otherwise (‘Ascential Materials’) is accurate and complete, it is provided only for general information, is not intended to address your particular requirements and does not constitute any form of advice or recommendation by Ascential. You acknowledge that the Ascential Materials should not be relied upon by you in making (or refraining from making) any specific investment or other business or personal decision and acknowledge that professional advice should be obtained before making any such decision. You acknowledge that some of the Website content may be supplied by third parties and so its accuracy and completeness will not have been checked by Ascential.
c. Ascential will use reasonable endeavours to ensure that the Website and the Ascential Materials do not contain or promulgate any viruses or other malicious code. However, we recommend that you virus check all such materials and regularly check for the presence of viruses and other malicious code.
d. Ascential is not responsible for the material provided by advertisers and sponsors on the Website and provides no assurances that it will not take advertisements or sponsorships from competitors of its clients or its Website users. Your correspondence and any business dealings with, participation in promotions offered by, and your access to, purchase or utilisation of products or services offered by any such advertisers or sponsors are solely between you and such third party.
e. Ascential is not responsible for any defamatory, offensive or illegal content of any Website user or third party.
3. Use of Website and Website Content
a. All intellectual property and other proprietary rights in and to the Website and the Ascential Materials are owned by and reserved to Ascential or its licensors or users (as applicable).
b. The Ascential Materials include all of Ascential’s and its group companies’ trademarks (whether registered or unregistered), graphics, logos, designs, page headers and button icons used and displayed on the Website. You are not permitted to use any of the foregoing nor any similar or confusing versions in any way without Ascentials’ prior written consent, other than for the purposes of referring to Ascential and its brands lawfully and in good faith.
c. You agree not to scrape, extract, download, upload, sell or offer for sale any of the Ascential Materials and you agree not to use, or cause to be used, any computerised or other manual or automated program or mechanism, tool, or process, including any scraper or spider robot, to access, extract, download, scrape, data mine, display, transmit, or publish, any of the Ascential Materials. You must not bypass robot exclusion headers or other similar measures that Ascential may use to restrict access to, or caching of, the Website.
d. You will not:
i. attempt to interfere with the proper working of the Website or to monitor use of the Website without Ascential’s prior written permission;
ii. take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure;
iii. decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas, algorithms, file formats or programming or interoperability interfaces within the Website (except that these restrictions only apply to the extent permitted by law);
iv. use any network monitoring or discovery software to determine the Website architecture or extract information about usage, individual identities or users;
v. circumvent, disable or otherwise interfere with security-related features of the Website, including any features designed to prevent, limit or restrict use or copying of any Ascential Materials.
e. You agree that you will use the Ascential Materials only in accordance with the following permitted uses (except where otherwise agreed in writing with Ascential):
i. Viewing them on a computer screen or other electronic device and printing a reasonable number of copies of them, in accordance with fair practice and only to the extent reasonably required in the circumstances (and not further copying them);
ii. Where (and only to the extent that) permission to download and store them is specifically granted in the relevant Ascential Materials, downloading and storing the content on the hard disk of your computer or portable media but not making any further transfer or copy of it;
iii. Making only such other use of them as may be specified in the Ascential Materials.
f. You agree not to distribute, reproduce, modify, store, transfer or in any other way, use any of the Ascential Materials (including as part of any database, library, news, information, archive, website or similar service) other than as set out above.
g. You will not:
i. create a database (electronic or otherwise) that includes any Ascential Materials;
ii. disseminate advertisements on the Website or use the Ascential Materials for any commercial purposes (including using any Ascential Materials to promote or encourage the sale of your goods or services);
iii. transmit or recirculate any Ascential Materials to any third party unless specifically authorised to do so by Ascential;
iv. remove any copyright or trademark notices from any of the Ascential Materials.
h. You will not use the Website to publish or disseminate any:
i. unsolicited or unauthorised advertising, or promotional materials (including junk mail, spam, chain letters, pyramid schemes);
ii. material that does or may infringe the rights (including intellectual property rights) of any third party or that is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, that may cause annoyance or inconvenience or may restrict or inhibit the use of the Website by any person or that constitutes or encourages conduct that may be considered a criminal offence or give rise to any civil liability in any jurisdiction;
iii. material that brings or may bring Ascential or any of its brands or companies within its corporate group into dispute or disrepute or in any way damages the standing or reputation of any of the foregoing;
iv. material that may interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.
i. You will not post to the Website any link that takes a user to material that contravenes any of the restrictions set out above.
j. Additional terms may apply to:
i. any purchases you make via the Website;
ii. registration on the Website including for any email alert or other related services;
iii. any promotion, competition or draw appearing on the Website.
4. Use of Software
a. Copyright in any software that is made available for download on the Website or the Ascential Materials belongs to Ascential or its suppliers (as applicable).
b. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with it. It is your responsibility to check the terms of the licence agreement applicable to any such software and you must not install or use any software unless you agree to the terms of the relevant licence agreement.
5. Links To and From Other Websites
a. Links on the Website to third party websites are provided solely for your convenience. If you use these links, you leave the Website. Ascential has not reviewed any such third party websites and does not control or take any responsibility for their content or availability.
b. Ascential does not endorse or make any representations about any such third party websites or any material found thereon or any results that may be obtained from your use of the same. If you decide to access any such third party website, you do so entirely at your own risk.
c. You may link to the homepage of the Website only, on condition that you do not replicate the home page of the Website. In linking to the Website you must not:
i. create a frame or any other browser or border environment around the Website;
ii. imply any endorsement by Ascential other than its written consent or misrepresent your relationship with Ascential;
iii. use any logos or trademarks displayed on the Website without the express written permission of Ascential;
iv. link from a website that is not owned by you;
v. link from a website that contains content in contravention of paragraph 3(h) above or that infringes the intellectual property rights of any person or does not comply with all applicable laws and regulations.
d. You may link to other pages of the Website only with the prior written consent of Ascential and subject always to the same conditions as set out in paragraph 5(c) above. If you wish to do this, please contact by emailing the Content Editor listed on the Contact us page on this Website. Where we provide a facility to link to or share pages of the Website, you are permitted to do so on the terms of this clause 5(d).
6. Suspension of Access to Website and User Indemnities
a. If Ascential believes that you have not complied with any of these Terms and Conditions, it may in its sole discretion suspend or cancel your access to the Website or any part thereof without notice.
b. Without prejudice to the provisions of paragraph 6(a) above, you agree to compensate Ascential in respect of any claims, losses, expenses and liabilities (including legal fees) that arise from or in relation to your use of the Website or the Ascential Materials (or any use of the same by any third party using your username or password) including in relation to any material posted on the Website or any breach of paragraph 3.
7. Limitation of Ascential’s Liability
a. Ascential will not be liable to you for any loss or damage caused by Ascential or its employees or subcontractors in circumstances where:
i. there is no breach of a legal duty of care owed to you by Ascential or its employees or subcontractors;
ii. you can show that there has been a breach of a legal duty of care owed to you by Ascential or its employees or subcontractors, such loss or damage does not flow naturally as a consequence of that breach;
iii. in respect of any increase to your loss or damage arising from or relating to your actions.
b. Without prejudice to paragraph 7(a) above but subject to paragraph 7(c) below, any liability of Ascential arising from or in relation to your use of the Website or the Ascential Materials (whether in tort, contract or otherwise) will be limited to five hundred pounds sterling (£500) unless otherwise agreed in writing between us.
c. Nothing in these Terms and Conditions will operate to exclude or limit Ascential’s liability for death or personal injury caused by the negligence of Ascential or its employees or subcontractors, for any fraudulent misrepresentation by any of the foregoing or for any other liability which cannot be excluded or restricted by law.
8. How We May Use Your Personal Information
a. We will only use your pesonal information as set out in our Privacy Policy .
9. Registration
a. To access certain parts of the Website, Ascential may require you to register and provide certain information about yourself. When you register, you agree to:
i. provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (‘Registration Data’);
ii. contact Ascential by emailing enquiries@retailweekprospect.com in the event that your Registration Data changes.
b. Where you register on the Website, you will be allocated a username and password. These details must be used solely by you. Sharing your username or password with any other person or making it available to multiple users on a network is strictly prohibited. Accordingly, you agree to:
i. maintain the security of your username and password and be fully responsible for all use of the Website made using the same;
ii. immediately notify Ascential if you become aware of any unauthorised use of your username or password or any other breach of Website security by sending us details of the unauthorised use or other breach via the form at https://live.ascential.com/security
c. Ascential accepts no liability for any losses, damages or costs arising from or in relation to your failure to comply with these requirements.
10. User Generated Content
a. The pages of the Website where you are permitted to post content are provided for your private, non-commercial exchange of lawful, relevant, fair and appropriate information, opinions and comment. You must not use any such page of the Website in a manner inconsistent with the foregoing.
b. By submitting any content to the Website, you:
i. grant Ascential the right to use such content and all material embodied therein for any purposes including editing, copying, reproducing, translating, disclosing, posting to or removing from the Website;
ii. waive all of the moral rights that you have under Chapter IV of the Copyright, Designs and Patents Act 1988 in any material posted to the Website;
iii. warrant that all such content complies with the provisions of paragraph 3(h) above;
iv. acknowledge that Ascential may require you to confirm your rights in the content and the waivers and warranties above and agree to do so within seven days of Ascential’s request.
c. Ascential reserves the right at its sole discretion to refuse or remove any content that is posted to or otherwise made available on the Website without the need to give reasons.
d. Ascential will not review the materials posted to or made available on the Website by you or any other user. Unless Ascential is specifically notified of the nature of any item of content, Ascential has no awareness of materials posted to or made available on the Website. If you object to the publication of any material posted to or made available on the Website please contact Ascential by emailing the Content Editor listed on the Contact us page on this Website.
e. Ascential accepts no responsibility for any statements, material or other submissions placed on the Website by users.
11. Promotion Rules
a. The rules in this paragraph 11 together with any specific rules (‘Additional Rules’) provided by Ascential (together ‘Rules’) apply to all prize promotions operated by Ascential on this Website, including free draws and prize competitions (‘Promotions’). Where you provide Ascential with any personal data in connection with a promotion, Ascentail will treat your personal information in accordance with Ascential’s Privacy and Cookies Policy .
b. All entrants to a Promotion must be at least 16 years of age at the date of entry and must comply with any further age or eligibility requirements set out in the Rules (for example in relation to residency, holding a passport, visa or other permission). Proof of meeting eligibility requirements may be required before a prize winner can claim a prize. The eligibility of any entrant is at the sole discretion of Ascential.
c. Employees and agents of Ascential and its group companies (including the families of any such employees and agents) are not eligible to enter Promotions.
d. Only one entry per person and per household is permitted.
e. All Promotion entries must be made in accordance with the Rules and must be received by Ascential prior to the Promotion closing date. Entries made otherwise will be invalid. Ascential accepts no responsibility or liability for any lost, damaged or incomplete entries and any such entries will be invalid.
f. Proof of despatch will not be proof of Ascential’s receipt.
g. Unless otherwise stated in the Additional Rules, all Promotions can be entered by sending an appropriately worded email to the email address specified in the Promotion. Any such email must include your contact details and comply with any instructions set out in the Additional Rules (for example, to identify which Promotion is being entered). Each Promotion must be entered by a separate email. Alternative means of entering a Promotion (if any) will be set out in the Additional Rules and where there are alternative means of entering a Promotion no distinction will be made between entries made via the alternative entry routes.
h. Unless the Additional Rules specify otherwise, entries will not be returned to entrants.
i. Ascential reserves the right at its sole discretion and without prior notice to cancel a Promotion or to substitute a Promotion prize for another prize of equal value.
j. Prize winners will (unless specified otherwise in the Additional Rules) be chosen at random by an independent judge or judges from all qualifying entries. In all matters, the decision of the judge(s) will be final and no correspondence or discussion will be entered into. Prizes are non-transferrable and non-negotiable and no cash alternatives will be offered.
k. Prize winners will be notified in writing within six weeks of the applicable closing date. If a prize winner fails to respond to claim the relevant prize within 14 days of receipt of notification, Ascential will be entitled to select an alternative prize winner. In those circumstances, Ascential will use reasonable endeavours to notify the alternative prize winner within nine weeks of the closing date.
l. Prize winners will receive the relevant prize within six weeks of notification, unless specified in the Additional Rules. If a supplier’s terms and conditions apply, these must be accepted and complied with by a prize winner in order to claim the relevant prize. Ascential will not be liable if a prize does not reach a prize winner for any reason outside Ascential’s control or if a prize is damaged in transit.
m. Details of the names of prize winners can be requested by writing to Ascential’s Company Secretary at Ascential’s registered address and specifying the relevant Promotion. Any such request must be received by Ascential within ten weeks of the Promotion closing date.
n. By entering into any Promotion, the prize winner agrees to take part in any promotional activity requested by Ascential and to his or her name, location and photograph being published for the purposes of the Promotion and for promoting the Website and Ascential’s business.
o. Where relevant and unless otherwise specified in the Additional Rules, all taxes, insurances, transfers, spending money and other expenses (including meals, personal expenses and upgrades) are the responsibility of the prize winner.
p. Other than for death or personal injury arising from the negligence of Ascential, its employees or subcontractors, Ascential excludes to the fullest extent permitted by law all liability for any losses, damages, costs and expenses, whether direct or indirect, howsoever caused in connection with the Promotion or the relevant prize.
12. General
a. In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable, the remainder of these Terms and Conditions will remain valid and enforceable.
b. In performing its obligations under this Agreement, each party will comply with all applicable laws, statutes and regulations from time to time in force.
c. These Terms and Conditions are governed by English law and the courts of England will have exclusive jurisdiction to settle any disputes arising out of or in connection with these Terms and Conditions.
Combined Subscription Terms and Conditions for Retail-Week.com and Retail Week Prospect
Thank you for choosing Ascential Information Services Limited to support you and your business.
When you buy digital subscription content and any ancillary products or services from Ascential Information Services Limited (in whatever form and however provided), your purchase will be subject to the terms and conditions below (‘Terms and Conditions’).
1. Contracting Party
a. These Terms and Conditions form a contract between the client organisation or individual identified as such in the order form for the relevant services (‘Order Form’) and Ascential Information Services Limited, company number 7880716 (England) whose registered office is at c/o Ascential Group Limited, The Prow, 1 Wilder Walk, London W1B 5AP (‘Ascential’).
b. These Terms and Conditions govern:
i. Ascential’s provision of digital subscription content via the agreed channels;
ii. your use of Ascential’s online services; and
iii. your procurement and Ascential’s provision of any bespoke services,
in each case as specified on the relevant Order Form.
c. Ascential may provide news email services or other prompts to new content. Your use of the content received through the email news service will also be subject to these Terms and Conditions.
2. Contract Formation
a. If you are buying online, your credit or debit card will be debited when you click Submit Order . Although you will see an online confirmation page and receive an email acknowledging that your order has been received and is being processed, the contract between you and Ascential is not formed at this point. A legally binding contract is formed on the date Ascential first notifies you via email or post that it has accepted and will fulfil your order (‘Order Confirmation’). Ascential will not be responsible if you do not receive such Order Confirmation because you have supplied us with an incorrect email or postal address.
b. In respect of digital subscription content, these Terms and Conditions should be read and will apply in conjunction with the terms and conditions applicable to your use of the website via which the digital subscription content is accessed. To the extent that there is any conflict between these Terms and Conditions and the terms and conditions of use of the relevant website, these Terms and Conditions will prevail.
3. Multi-User Subscriptions
a. Where you are an individual agreeing to these Terms and Conditions on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation. Any person who accesses the subscription services by virtue of being designated an authorised user on behalf of that organisation also agrees to be bound by these Terms and Conditions.
b. If you are agreeing to these Terms and Conditions on behalf of an institution, your authorised users are strictly limited to employees and contractors of that institution, faculty and staff.
c. When you order a multi-user subscription, you must provide a contact name, business name, telephone number and email address for each user for digital subscriptions and postal addresses for print subscriptions.
d. During your subscription term you may add new users to your multi-user subscription for an additional fee by telephoning Ascential’s Customer Relationship Team on +44 (0)20 3033 2842. New users will have access to our content for the remainder of your subscription term.
e. You will notify Ascential forthwith in the event of any changes to the details of your authorised users. In the event that, during your subscription term, a user leaves your organisation or for any other reason is no longer authorised to use Ascential’s services under your multi-user subscription, you must notify Ascential in writing forthwith. In that situation, you are entitled to nominate another authorised user to replace the user who has been removed from your subscription.
4. Multi-User Subscriptions: Marketing
a. Ascential includes all multi-user organisational customers in its customer success programme. You acknowledge and accept that Ascential has the right to use your company name as part of its ongoing marketing and public relations efforts. Any such use of your company name will not be disparaging or otherwise adverse to your business.
5. Multi-User Subscriptions: User Details
a. In respect of digital subscription content, you will ensure that your authorised users keep secure their usernames and passwords used to access Ascential’s digital subscription content. You will immediately notify Ascential of any unauthorised access to such content of which you become aware or have reasonable grounds to suspect (via the form at https://live.ascential.com/security ). Ascential reserves the right to suspend access to digital subscription content by you or any of your authorised users if it suspects that any access details have been shared with a third party, pending Ascential’s investigation.
b. You will indemnify and hold harmless Ascential and its employees, agents, officers, directors and other representatives from and against all costs, losses, liabilities and expenses (including legal fees) which Ascential may suffer or incur arising out of or in connection with your or any of your authorised users breach of these Terms and Conditions.
c. Ascential will use any personal information provided by you in relation to your authorised users in accordance with Ascential’s Privacy and Cookies Policy .
6. Individual User Subscriptions
a. When you order an individual subscription, you must provide your name, email address, telephone number and postal address, together with credit or debit card details and authorisation to deduct payment.
7. Individual User Subscriptions: User Details
a. In respect of digital subscription content, you will keep secure your username and password used to access Ascential’s digital subscription content. You will immediately notify Ascential of any unauthorised access to such content of which you become aware or have reasonable grounds to suspect. Ascential reserves the right to suspend your access to digital subscription content if it suspects that your access details have been shared with any third party, pending Ascential’s investigation.
b. Ascential will use any personal information provided by you in accordance with Ascential’s Privacy and Cookies Policy .
8. Electronic Signature on Ascential Contracts
a. Ascential uses an electronic signature solution to effect the execution of certain customer contracts. The solution, provided by Adobe EchoSign, allows Ascential to collect a signature from you through your PC, tablet or iPhone device.
b. EchoSign has more than 35,000 customers using its technology to manage, send and complete their contract process. These include organisations such as American Express, Jaguar Land Rover, Google, Time Warner and Oracle.
c. If you have any questions about the e-signature process, please contact your account manager. There are also help guides and FAQs from Echosign below explaining how the technology works.
d. The Adobe EchoSign e-signature method is legal and draws from the UK’s Electronic Identification and Trust Services for Electronic Transactions Regulations 2016. More information .
e. Adobe has a FAQ document regarding this service here .
f. You can find a short video from Adobe explaining the EchoSign process here .
9. Processing Orders and Payment
a. Unless otherwise agreed in writing, the amount charged by Ascential in consideration of its provision of the relevant services will be Ascential’s undiscounted list price in force at the relevant time. If Ascential agrees to permit you to pay the amount due by monthly or quarterly instalments, Ascential will be entitled to apply an uplift to such list price and will notify you of the amount due on the relevant order form.
b. Ascential normally takes payment on submission of an order. If Ascential agrees to invoice instead, you will pay within thirty (30) days of receipt (which will be deemed to be immediate if an invoice is sent electronically or two (2) business days if sent by post). If no payment is made after thirty (30) days Ascential reserves the right to suspend the subscription services until it is in receipt of cleared funds. You will remain liable for the full amount on the invoice.
c. You acknowledge that Ascential may delay granting you access to digital subscription content until it is in receipt of cleared funds.
d. Ascential will be entitled to charge interest on any outstanding balance owed accruing on a daily basis with effect from the invoice date.
e. Ascential reserves 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. Where Ascential does not accept or process your order Ascential will notify you in writing and where your credit card or debit card has already been debited it will refund your payment within thirty (30) days.
f. Ascential reserves the right not to fulfil and to cancel orders:
i. if it is unable to obtain payment authorisation from your bank or the issuer of your payment card or cheque;
ii. in the event of obvious inaccuracies in prices;
iii. you have not paid your invoice by the due date for payment;
iv. if sanctions are imposed on your country of residence or the country where you access or receive Ascential’s content; or
v. where Ascential is unable to fulfil an order due to circumstances beyond its or its subcontractors’ reasonable control.
g. All payments by direct debit are covered by the safeguards assured in the direct debit guarantee. If there are any changes to the amount, date or frequency of your payment, Ascential will notify you at least ten (10) working days in advance of your account being debited or as otherwise agreed. If you request Ascential to collect a payment, confirmation of the amount and date will be given to you at the time of the request. In the event of an error in the payment of your direct debit by Ascential or your bank or building society, you are entitled to a full and immediate refund of any amount of overpayment from your bank or building society. If you receive a refund to which you are not entitled, you must pay it back immediately on request. You can cancel a direct debit at any time by contacting your bank or building society. Written confirmation may be required. You must also notify Ascential of your cancellation. Except as set out in these Terms and Conditions, any cancellation will be without prejudice to your obligation to pay the agreed subscription fee.
10. Contract Term
a. All subscription contracts are for the initial minimum period specified on the Order Confirmation. The initial minimum period will be at least twelve (12) months. This includes subscriptions which begin with introductory rates.
b. Payments by monthly or quarterly subscriptions do not infer a monthly or quarterly (as applicable) rolling subscription.
c. Cancelling your direct debit instruction does not cancel your contract with Ascential.
d. If Ascential believes that you have not complied with any of these Terms and Conditions, it may in its sole discretion suspend or cancel your access to the subscription services or any part thereof without notice. In this situation, Ascential will not be liable to refund you any amounts previously paid and you will remain liable for any amounts owed to Ascential pursuant to the relevant Order Form.
11. Renewal
a. To ensure that you and your authorised users (as applicable) have uninterrupted access to Ascential’s content, your subscription contract will automatically renew for twelve (12) months on the day immediately following the end date specified on the Order Confirmation and on each subsequent anniversary of that date (each a ‘Renewal Date’), unless Ascential receives written notice of cancellation at least ninety (90) days in advance of the relevant Renewal Date. Where Ascential receives written notice of cancellation in accordance with this paragraph 11(a), your subscription contract will terminate on the last day of the current term.
b. Subject to paragraph 11(a) above and paragraph 11(c) below, Ascential is entitled to increase your subscription fee with effect from each Renewal Date by:
i. an amount equal to the greater of three percent (3%) or the percentage increase in the Retail Prices Index over the period of twelve (12) months preceding the relevant Renewal Date anniversary; or
ii. subject to paragraph 11(d) below, an alternative percentage by giving you at least one hundred and twenty (120) days’ notice in writing.
c. Where you have benefitted from an introductory rate, your ‘Subscription Fee’ for the purposes of paragraph 11(b) above will be Ascential’s undiscounted list price in effect on the date of your Order Confirmation.
d. If you do not agree to an increase pursuant to paragraph 11(b)(ii) above, you may terminate your subscription agreement by giving notice in writing to Ascential at least ninety (90) days prior to the relevant Renewal Date. Otherwise, your continued use of digital subscription content will constitute your acceptance of the increased subscription fee.
e. References to the subscription fee will be deemed to refer to any increased subscription fee and ‘Retail Prices Index’ means the retail prices index (All Items) as published by the Office for National Statistics from time to time (or, failing such publication, such other index as Ascential determines to most closely resemble the Retail Prices Index).
12. Delivery of Digital and Printed Subscription Content
a. Ascential provides access to digital subscription content through its websites using the email address(es) provided at the time of registration. Ascential will use reasonable endeavours to provide reliable access to its digital subscription content but it does not undertake or warrant that access will be uninterrupted. From time to time, Ascential may suspend all or part of the digital subscription content temporarily and without notice in the case of system failure, maintenance or repair for any reason or for any other reasonable cause.
b. Ascential delivers printed content to the address(es) provided at the time of registration. Ascential may change the frequency of printed content or deliver content in a digital format only, on a temporary or permanent basis.
c. If there is any change to the email or postal address(es) provided at the time of registration, it is your responsibility to advise Ascential as soon as possible after you become aware of that change, so that Ascential can update its systems accordingly.
d. If you have purchased your subscription through a third party agency, please contact the relevant third party to update your details where necessary and instruct them to advise Ascential accordingly.
13. Subscription Offers
a. From time to time Ascential may run subscription offers. These offers may be available to specific individuals or organisations only, in which case this will be stated on the offer. If responding to an offer, you must clearly quote the relevant offer code at the time of ordering.
b. Ascential accepts no liability and may not accept your order if you do not quote the relevant offer code.
c. Offers are subject to availability and orders must be placed before the offer closing date.
14. Ownership and Use of Digital Subscription Content
a. All intellectual property and other proprietary rights in and to the digital subscription content are owned by and reserved to Ascential or its licensors or users (as applicable).
b. Whilst Ascential endeavours to ensure that digital subscription content is normally available twenty four (24) hours a day, it will not be liable for any reason if the content is unavailable at any time or for any period. Access to digital subscription content may be suspended temporarily and without notice in the case of system failure, maintenance or repair for any reason or for any other reasonable cause.
c. You agree that you will use digital subscription content only in accordance with the following permitted uses (except where otherwise agreed in writing with Ascential):
i. viewing content on a computer screen or other electronic device;
ii. sharing extracts of digital subscription content with third parties outside of your organisation provided always that such extracts are clearly sourced to Retail-Week.com or Retail Week Prospect (as appropriate). For clarity, ‘extracts’ means insubstantial amounts of the content of the Retail-Week.com or Retail Week Prospect (as appropriate) website, in accordance with fair practice and only to the extent reasonably required in the circumstances.
iii. where (and only to the extent that) permission to download and store them is specifically granted in these Terms and Conditions or in the relevant subscription content, downloading and storing the content on the hard disk of your computer or portable media but not making any further transfer or copy of it;
iv. making only such other use of them as may be specified in the relevant subscription content.
d. You agree not to distribute, reproduce, modify, store, transfer or in any other way use any of the digital subscription content (including as part of any database, library, news, information, archive, website or similar service) other than as set out above.
e. You will not do any of the following:
i. create a database (electronic or otherwise) that includes any digital subscription content;
ii. resell any digital subscription content in its original condition or in any digitally manipulated form; or
iii. remove any copyright or trade mark notices from any of the digital subscription content.
f. Ascential uses reasonable endeavours to ensure that all digital subscription content is accurate and up-to-date at the time of publication but all warranties, conditions and terms implied by statute or common law are excluded to the fullest extent permitted by law. Specifically, Ascential disclaims any warranties of title, merchantability or fitness for any particular purpose.
g. Use of the digital subscription content is at a user’s own risk.
h. Upon any expiration or termination of the contract between you and Ascential, all rights and licences granted under these Terms and Conditions will terminate, except that you may continue to use content properly accessed by you prior to such expiration or termination provided that such use is in accordance with these Terms and Conditions.
15. Limitation of Ascential’s Liability
a. Subject to the remainder of this paragraph 15, Ascential’s aggregate liability to you in respect of all losses, liabilities or damage suffered by you arising out of or in connection with these Terms or Conditions, howsoever arising and whether in contract, negligence or other tortious action or otherwise, will not exceed the total subscription fee paid by you in respect of the twelve (12) months preceding the date of the relevant claim.
b. Ascential will not be liable to you for any loss of profits, loss of data, loss of revenue or loss of goodwill or for any indirect, special, economic or consequential damages, claims, losses or expenses of any kind.
c. Ascential’s liability to you in the event of any printed magazines in your subscription being lost in transit is limited to replacement of the missing issue(s). Ascential is not liable for the non-delivery of any printed content if you have supplied an incorrect address or have failed to notify Ascential of a change of address. Ascential may dispose of incorrectly addressed print content with no obligation to refund you if such content is returned to Ascential and, despite using reasonable efforts, Ascential is unable to obtain correct address details within fourteen (14) days of receipt.
d. Nothing in these Terms and Conditions will operate to exclude or limit Ascential’s liability for death or personal injury caused by the negligence of Ascential or its employees or subcontractors, for any fraudulent misprepresentation by any of the foregoing or for any other liability which cannot be excluded or restricted by law.
16. Your Obligations
a. It is your sole responsibility to ensure that all use of the digital subscription content by you and your authorised users is made in accordance with these Terms and Conditions.
b. You must ensure that your internal systems meet the technical specifications required properly to access the relevant website and to download and access the relevant digital subscription content. We will provide such technical specifications to you on request.
c. You agree that Ascential may take such steps as it reasonably considers appropriate to remotely monitor your and your authorised users’ compliance with these Terms and Conditions and you will fully cooperate with Ascential in relation to such remote monitoring.
17. Anti-Bribery and Sanctions
a. You warrant that you will:
i. comply with all applicable laws, statutes and regulations relating to anti-bribery and anti-corruption including but not limited to the Bribery Act 2010;
ii. comply with such of Ascential’s anti-bribery and anti-corruption policies as are notified to you from time to time; and
iii. promptly notify Ascential of any request or demand for any undue financial or other advantage of any kind received by or on behalf of you in connection with these Terms and Conditions.
b. Ascential is part of an enlarged corporate group that pledges to trade legally and respect all laws including the Trade Sanctions imposed by EU and US Governments. Ascential operates a Group Sanctions Policy which means that it cannot accept subscriptions from individuals or organisations based or residing in, or connected with, a country or organisation that is subject to EU or US Government sanctions. Ascential reserves the right to refuse to accept an order from any such person or organisation.
c. Notwithstanding anything else in these Terms and Conditions, breach by you of this paragraph 17 will be deemed a material breach of these Terms and Conditions.
18. How We May Use Your Personal Information
a. We will only use your personal information as set out in our Privacy Policy .
19. General
a. Ascential reserves the right to revise these Terms and Conditions at any time by posting an update on the relevant brand’s website or in the relevant printed magazine. It is your responsibility to refer to the current Terms and Conditions when accessing digital subscription content. For current subscribers, each change will be effective on the next Renewal Date, provided that the change was made at least ninety (90) days prior to that Renewal Date.
b. These Terms and Conditions (together with any documents referred to herein or required to be entered into pursuant to these Terms and Conditions) contain the entire agreement and understanding between you and Ascential and supersede all prior agreements, understandings or arrangements (both written and oral) relating to the subject matter of these Terms and Conditions and any such document.
c. Notices required under these Terms and Conditions will be sent by email to the relevant party’s address on the Order Form or as otherwise agreed in writing for such purpose. Notice by email is deemed effective three (3) hours from transmission. Ascential may also give notice to you via the relevant brand website and such notice is deemed effective at the time at which it appears on the relevant website.
d. You acknowledge and agree that communication with Ascential may be electronic. Ascential may contact you by email or provide you with information by posting on the relevant brand’s website. You agree to this electronic means of communication and you acknowledge that any communications that Ascential sends to you electronically comply with any legal or contractual requirement that such communication be made in writing.
e. You acknowledge that in contracting with Ascential you have not relied on, and will have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person other than as expressly set out in these Terms and Conditions.
f. You may not assign, sub-license, subcontract or otherwise transfer to any third party (including any company within your corporate group, if applicable) any of your rights or obligations under these Terms and Conditions. Ascential may assign, sub-license, subcontract or otherwise transfer to any third party (including any company within Ascential’s corporate group) any of its rights or obligations under these Terms and Conditions at any time and without notice.
g. In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable, the remainder of these Terms and Conditions will remain valid and enforceable.
h. Termination or expiration of the contract between Ascential and you will not affect the continuance in force of any provision of these Terms and Conditions that is expressly or by implication intended to survive termination.
i. Ascential will have no liability to you for any failure or delay in performing any obligation under these Terms and Conditions as a result of any event beyond its or its subcontractors’ reasonable control.
j. The words ‘include’ and ‘including’ are illustrative and not limiting.
k. These Terms and Conditions are governed by English law and the courts of England will have exclusive jurisdiction to settle any disputes arising out of or in connection with these Terms and Conditions.
l. If you have any questions about your subscription you can contact Ascential to discuss on +44 20 3033 2842.
m. In performing its obligations under this Agreement, each party will comply with all applicable laws, statutes and regulations from time to time in force.
