Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply you access to our services. You should understand that by subscribing to our service, you agree to be bound by these terms and conditions.
1. Information about us
Our website is operated by THE DAY NEWS & MEDIA LTD ("We"). We are registered in England and Wales under company number 08489944 and have our registered office at Summers Morgan, Sheraton House, Lower Road, Chorleywood, Herts, WD3 5LH
2. Your status
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old.
3. How the contract is formed between you and us
3.1 After placing an order, you will receive a message from us confirming receipt of your order and introducing you to the main features of The Day. The contract between us is formed when we send you this message (the Order Confirmation).
3.2 Within two days of receiving your order you will receive an email from our membership team with your username and password.
3.3 If you are a school or college subscriber, these log-in details can be shared with your students and staff, but not with those outside the institution.
3.4 A family subscription is only available to those resident in the UK. It is designed for one person who can then share his/her daily email and The Day Explorer website resources with his/her family in one household only. Sharing your log-in details with others ouside the household is illegal.
3.5 Within seven days of receiving your order we will send you an invoice. Our terms of business are payment within 14 days.
3.6 After your initial subscription period ends, you will be invited to renew your subscription, typically for 1 year at a time.
3.7 Our membership team will be available at all times to make sure you are happy with the service you are receiving.
4. Consumer rights
4.1 You may cancel a contract at any time within 7 working days, beginning on the day after you received the Order Confirmation. In this case, you will receive a full refund of any money paid, in accordance with our refunds policy (set out in clause 7 below).
4.2 To cancel a contract, you must inform us in writing by email at email@example.com.
4.3 This provision does not affect your statutory rights.
5. Availability and delivery
Your order will be fulfilled within 7 days of us having received your payment during term time, and at the start of the next term if payment is received during the holidays.
6. Price and payment
6.1 The price of any subscription will be as quoted on our site from time to time, except in cases of obvious error.
6.2 These prices do not include VAT. All other prices do not include VAT. Standard rate VAT of 20% will be added to invoices payable.
6.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
6.4 If a subscription’s correct price is higher than the price stated on our site, we will contact you for instructions before sending your Order Confirmation.
6.5 All invoices are sent by email to the contact name specified in the online subscription form that you complete.
6.6 Payment of our invoices is due 14 days from receipt of our invoice via email. If we have not received payment within 14 days you may experience a disruption to your service of The Day Explorer.
6.7 Payment of our invoices must be by BACS. If paying by BACS the school name or the family surname must be used as a payment reference. If BACS is not possible cheque or PaypPal are also acceptable.
6.8 All Whole School Subscriptions are subject to a £499 minimum price.
6.9 If you are subscribing from outside the UK please be aware that our listed subscription prices exclude all bank and foreign exchange charges. School and family subscribers are responsible for paying any additional charges that their bank choose to impose on international payments.
7. Our refunds policy
7.1 When you cancel your subscription with us because you have cancelled the Contract between us within the 7-day cooling-off period (see clause 4.1 above) we will refund the price of the subscription in full.
7.2 In all other circumstances, you may cancel your subscription at any time by writing to us or by sending an email to firstname.lastname@example.org and we will refund the unexpired portion of your subscription less an administrative charge of £50.
7.3 In a case where you have placed an order for a subscription including a trial period at the beginning and a delayed start to your payment - if you cancel before the last day of the trial period, you will not be liable for any costs.
8. Our liability
8.1 We warrant to you that any subscription through our site is of satisfactory quality and reasonably fit for all the purposes for which subscriptions of the kind are commonly supplied.
8.2 Our liability for losses you suffer as a result of us breaking this warrant is strictly limited to the purchase price of the subscription you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
8.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
8.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause 8.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 8.1 or clause 8.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 8.4.
9. Import Duty
9.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
9.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
10. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, 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. This condition does not affect your statutory rights.
All notices given by you to us must be given to The Day News & Media Ltd, The Old Fire Station, 140 Tabernacle Street, London, EC2A 4SD. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 10 above. 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 email, that such email was sent to the specified email address of the addressee.
12. Transfer of rights and obligations
12.1 The contract between you and us is binding on you and us and on our respective successors and assignees.
12.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
13. Events outside our control
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14.1 If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
14.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 10 above.
If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. Entire agreement
16.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.
16.2 We each acknowledge that, in entering into a contract, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to that contract or not) other than as expressly set out in these terms and conditions.
16.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these terms and conditions.
16.4 Nothing in this clause shall limit or exclude any liability for fraud.
17. Our right to vary these terms and conditions
17.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
17.2 You will be subject to the policies and terms and conditions in force at the time that you send the order form to us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
18. Law and jurisdiction
Contracts for the Subscription through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.