– Use of this website
– Subscription to The Phoenix Weekly Story Comic (printed version)
– The Phoenix Weekly Story Comic App
2. The terms 'The Phoenix Comic,' 'David Fickling Comics Ltd' or 'us' or 'we' refer to the owner of the website whose registered office is 29 Beaumont St, Oxford. Our company registration number is 7481057 in UK. The term 'you' refers to the user or viewer of our website.
3. The use of this website is subject to the following terms:
a. The content of the pages of this website is for your general information and use only. It is subject to change without notice.
b. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
c. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
d. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
e. All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
f. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
g. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
h. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.
1. TRIAL AND SPECIAL OFFERS
We will often offer you a trial period at the start of your subscription or a longer term special offer subscription rate. The length and cost of any trial or offer will vary from time to time, but full details will always be made available at the time of your application. We will only offer you one trial or special offer subscription in any 12 month period. We have no obligation to keep any offer open for a certain length of time.
At the end of your trial or offer period, your subscription will continue automatically at the standard rate that we have advertised as part of that offer. You may cancel your subscription at any time during your trial or offer period.
If you are taking advantage of one of our trials or special offers, you will pay in full for the relevant trial or offer period in advance. Similarly, when your trial or offer period ends and your membership continues as a monthly or quarterly subscription, we will collect your payments each month or quarter in advance. Details of the cost and your payment dates will be provided to you when you subscribe.
Some of our offers are only available by direct debit through our website. Others may be paid for by credit or debit card through the website or over the telephone. We accept Visa, Mastercard and Amex. If you are paying by credit or debit card, you may opt for on ongoing subscription. The wording on the website is as follows: 'Please continue my subscription and take payment from the card below at the same amount at the end of each term.' If you tick this box your credit or debit card will be charged at the end of each term at the original rate until you cancel or the subscription price increases, in which case The Phoenix will write to the customer in advance of a new rate being charged.
All credit or debit card payments will be subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment to us, then we will not be able to confirm your order and no contract will exist between us.
You may cancel your subscription at any time by emailing email@example.com , by calling us on 01604 251490 or by writing to The Phoenix Comic, McGowan House, 10 Waterside Way, Northampton, NN4 7XD. If you are on a regular payment plan such as direct debit or continuous credit card payment, your cancellation will take effect from the day before your next payment would have been due, unless you request an earlier date. You should also cancel any instruction with your bank.
We will normally refund the unused portion of any subscription you have paid. For monthly subscriptions, however, we are unable to provide refunds in respect of periods of less than one month.
2. GENERAL RULES RELATING TO CONDUCT
The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the App you must comply with all applicable UK laws and with any applicable international laws, including the local laws in your country of residence (together referred to as "Applicable Laws").You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
Attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; or
Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.
3. You agree to indemnify David Fickling Comics Ltd and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.
The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material ("Material") is owned by or licensed to David Fickling Comics Ltd or its group companies or the respective copyright holders. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without the express permission of David Fickling Comics Ltd.The trademarks, service marks, and logos ("Trade Marks") contained on or in the App are owned by David Fickling Comics Ltd or the respective copyright holders. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of David Fickling Comics Ltd.
5.LINK TO THIRD PARTIES
The App may contain links to websites operated by third parties ("Third Party Websites"). David Fickling Comics Ltd may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, David Fickling Comics Ltd does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
7.DISCLAIMER / LIABILITY
USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN "AS IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) David Fickling Comics Ltd DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN David Fickling Comics Ltd AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.David Fickling Comics Ltd will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss. IF David Fickling Comics Ltd IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) FIFTY POUNDS STERLING (£50.00); OR (B) THE SUMS PAID BY YOU UPON PURCHASING THE APP, OR ANY IN-APP SPEND, INCLUDING SUBSCRIPTIONS, WHICHEVER IS GREATER. Nothing in these Terms shall be construed as excluding or limiting the liability of David Fickling Comics Ltd or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law.
8. SERVICE SUSPENSION
David Fickling Comics Ltd reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
9. ADVERTISERS IN THE APP
We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not David Fickling Comics Ltd, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
If you take part in any competition which is run in or through the App ("Competition"), you agree to be bound by the rules of that competition and any other rules specified by David Fickling Comics Ltd from time to time ("Competition Rules") and by the decisions of David Fickling Comics Ltd, which are final in all matters relating to the Competition. David Fickling Comics Ltd reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.
These Terms (as amended from time to time) constitute the entire agreement between you and David Fickling Comics Ltd concerning your use of the App.David Fickling Comics Ltd reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link on the App's listing on the App Store. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of David Fickling Comics Ltd. These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts. If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect. David Fickling Comics Ltd's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by David Fickling Comics Ltd in writing. Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, David Fickling Comics Ltd and its group of companies.
12. CONTACT US
You can contact David Fickling Comics Ltd at 29 Beaumont Street, Oxford, OX1 2NP United Kingdom.