The JC Terms & Conditions
TERMS AND CONDITIONS OF USE OF www.thejc.com (including JC Archives)
1. WHO WE ARE
www.thejc.com (the “Web Site”) and its subscriber only access area are operated by and on behalf of J C TECH Limited, a company incorporated in England under registered number 03839371 and whose registered office address is at 25 Furnival Street, London EC4A 1JT. All references to “we”, “our” and “us” are references to J C TECH Limited.
2. AUTHORISED USE
It is a condition of your access and use of any part of the Web Site that you agree and adhere to the following terms and conditions of use in full. You are authorised to use the Web Site in accordance with these terms and conditions. We reserve the right to immediately restrict access or use by any person who we, at our sole discretion, consider does not comply with these terms and conditions. Please be aware that we may alter the information on any part of the Web Site, including these terms and conditions, from time to time. These terms and conditions were last adapted in February 2006 and replace all previous terms and conditions for the Web Site. Competitions, reader offers and/or other promotions on the Web Site are subject to additional terms and conditions which will be made clear in the promotion.
3. APPLICABLE LAW
3.1 It is your responsibility to ensure that your use of the Web Site is not contrary to the laws of your country of residence. No warranties and/or representations of any kind, express or implied, are given as to the compliance of the information shown on any part of the Web Site, the services offered by or on behalf of us, any information relating to such services and our business in any respect with any laws of any other country which do not, in any event, affect or apply to the same.
3.2 Use of the Web Site, our business and the services we offer are governed by and shall be construed in accordance with English law and, by your use of the Web Site, you agree that any dispute or matter which arises between you and use will be dealt with exclusively by the Courts of England and Wales. We reserve the right to bring proceedings as to the substance of the matter in any court or courts including, if appropriate, in the courts of your country of residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of your principal place of business.
4. REGISTRATION AND SECURITY OBLIGATIONS
4.1 In order to register as a user of the Web Site you must provide us with accurate and complete registration information and it is your responsibility to update and maintain changes to that information on our applicable registration pages. We are entitled to rely on any information you provide to us. Registration is for a single user only, however the JC will, on payment of the applicable fee, grant multi-user licences (on the same terms as this licence) to a single company or institution.
4.2 You shall select a user name and password. You may not disclose your user name and password to any other person. You will be responsible for protecting and securing your user name and password from unauthorised use. If you believe that there has been a breach of security you must notify us immediately via email on
webmaster@thejc.com.
4.3 You must not select or use a user name of another person with the intent to masquerade as that person. We recommend that you do not select an obvious user password and that you change it regularly.
4.4 You are responsible for all use made of the Web Site using your user name and password, whether directly by you or by someone else using your user name and password.
4.5 We may change, suspend or discontinue any part of the Web Site at any time at our absolute discretion
5. PUBLIC FORUMS
5.1 The Web Site includes bulletin boards, discussion groups and public areas that allow feedback to us and interaction between users (“Public Forums”).
5.2 You are solely responsible for the content of any information/materials posted by you on any Public Forum (“Messages”).
5.3 You must not:
5.3.1 post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libellous, indecent, infringe copyright or other rights of third parties or which contain, in the opinion of J C TECH Limited, any other form of illegal content;
5.3.2 make available (via a Message or otherwise), upload or distribute any material or files that contain software viruses, files or codes designed to interrupt, destroy or limit the functionality of the Web Site or any computer software or equipment;
5.3.3 set up links to any website controlled by you or advertise or offer to sell goods or services without our express permission;
5.3.4 download any files or materials posted by another user that you know, or reasonably should know cannot be copied or otherwise used legally;
5.4 The Public Forums contain Messages submitted by users over whom we have no control. We cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and conditions and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Public Forums.
6. SUBSCRIBER SERVICE - PAYMENT
6.1 In order to access the Subscriber Service (and JC Archives, if relevant) you must be a current pre-paid subscriber to the Jewish Chronicle Newspaper or you must take out a ‘JC subscription’ online by completing the necessary online forms at the subscriptions section of the Web Site.
6.2 By subscribing to receive the Subscriber Service and archive access, as well as the above terms and conditions, you are also agreeing to the following terms:
6.2.1 you agree to pay any subscription fees and charges at the rates in effect when the charges are incurred. We may change the fees by giving you notice in advance in appropriate sections of the Web Site;
6.2.2 you must provide us with complete and accurate payment information. You can pay for your subscription by either credit or debit card. By submitting credit or debit card payment details to us you warrant that you are entitled to purchase the Subscriber Service using those payment details. In the case of unauthorised payments we reserve the right to suspend or terminate your access to the Subscriber Service. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to any Subscriber Service;
6.2.3 we will endeavour to process your subscription promptly but we do not guarantee that the Subscriber Service will be available to you by any specified time. A contract with you for receipt of the Subscriber Service will come into effect when we send you an email confirming your subscription details;
6.2.4 once you have completed the subscription process and your card has been authorised for payment, you will be given appropriate access to the subscriber only areas and archives.
6.2.5 the subscription and additional download prices are set out on the pages that contain our subscription process. You can take out a 52 week subscription which will automatically renew unless you inform us that you do not wish to renew it or you wish to take up a one off subscription for a lesser period as detailed on the subscription page. We will notify you in advance of any price increases as mentioned in 6.2.1 above;
6.2.6 all fees and charges incurred in connection with your registered user name and password will be billed to the credit card or debit card used during the subscription process for the Subscriber Service;
6.2.7 if you want to provide a different credit card or there is a change in credit card validity, you must immediately contact us via email on
webmaster@thejc.com or log in to your Worldpay account; and
6.2.8 if you purchase any electronic content from the Web Site, you will not be entitled to cancel that purchase pursuant to the Consumer Protection Distance Selling Regulations 2000 as the content cannot be returned once sent.
You are solely responsible for paying any amounts billed to your credit card by a third party, even if not authorised by you.
7. CANCELLATION OF SUBSCRIPTION
7.1 You may cancel your subscription at any time by sending an email to
webmaster@thejc.com indicating your intention to cancel our services and by placing the words “Cancel Subscription” in the email subject box. Upon receipt of your Cancel Subscription email by us, your access will be deactivated as soon as reasonably practical.
7.2 You are responsible for all charges incurred up to the time the subscription is deactivated by us as referred to above. In the case of 52 week subscriptions, we will refund subscription fees on a pro-rata basis provided that more than 36 weeks of the subscription remain. After 16 weeks of a 52 week subscription have elapsed, no refunds will be paid. In the case of all other subscriptions, no refunds will be paid.
8. SECURITY POLICY
To protect the integrity of your credit or debit card details, we encrypt any transactions using, industry standard, SSL technology. When the encryption system is activated, you will see a padlock system at the bottom of your screen.
9. DISCLAIMER
Although we endeavour to ensure the technical and factual accuracy of all content of the Web Site, this cannot be guaranteed and some errors may occur on the Web Site. Our liabilities are excluded and/or limited as set out below:
9.1 we disclaim all warranties, express or implied by statute, custom or usage, relating to the information contained in or the services offered on the Web Site. We provide no warranty that the Web Site is free from infection by viruses or anything else that has contaminating or destructive properties. Further, no representations or warranties are given as to the accuracy, fitness for purpose, quality or condition of the Web Site or any items or information listed on the Web Site to the extent permitted by applicable law; and
9.2 we exclude liability for any indirect, economic or consequential loss or damage of whatever nature (including, without limitation, loss of profit, loss of revenue, loss of anticipated benefits, loss of any tangible or intangible asset (including data), business interruption, third party liability or otherwise) arising from or in relation to the use of the Web Site and/or any information available on the Web Site and/or in relation to any delay, interruption or inability to use the Web Site whether based on contract, tort, statutory duty, strict liability or otherwise; and
9.3 subject to clause 9.2 above, our liability in contract, tort or otherwise (including negligence) for losses only arising out of or in relation to the use of the Web Site and/or any information available on the Web Site and/or in relation to any delay, interruption or inability to use the Web Site, shall not, in respect of any one or more incidents, exceed the amount of subscription fees paid by you in the 12 month period immediately preceding the date on which the incident (or the last such incident) occurs.
10. COPYRIGHT AND REPRODUCTION
10.1 We and/or our licensors own the copyright, trademarks, database rights and other intellectual property in the content of the Web Site. Other than for your own personal and/or non-commercial purposes, you may not reproduce any of the content of the Web Site without our express written permission and/or making payment appropriate to your use in accordance with the pricelist set out
here.
10.2 Except as set out above, you may not modify, licence, create derivative works from or transfer or sell any content, software or information obtained from the Web Site. The software on the Web Site is protected by copyright and is made available strictly on the terms of licence of such software and may not be used for any purpose other than the proper use of the Web Site in accordance with these terms and conditions.
11. LINKS
To assist you in locating further information; we have included several links to other web sites (“Third Party Sites”). However, this does not imply that we approve or endorse the contents of, or the material available from, Third Party Sites and we are not liable for the availability or content of such sites. Our privacy policy, as set out in section 14 below, does not apply to Third Party Sites.
12. GENERAL
12.1 We may, at our sole discretion, terminate or suspend your ability to access all or any part of the Web Site, and/or delete, move, or edit any of your Messages without notice, for any reason. Unless you indicate to the contrary, we may publish any Messages that you post and emails that you sent to us free of charge. If we decide to publish any of your Messages or e-mails on the Web Site or in The Jewish Chronicle we will incur no liability to you by doing so.
12.2 We will not be liable for any delays or inability to use the Web Site caused by circumstances beyond our reasonable control, including without limitation acts of God, acts of terrorism, the act of government or authority, fire, explosion, or accidental damage, failure of plant, machinery or computers (including virus contamination or damage by hackers or unauthorised users), power failure, failure of telecommunications or criminal damage. If any part of these terms and conditions are found to be unenforceable, void, illegal or invalid they shall be severed from this agreement and all the other provisions shall remain in force in full both as to force and effect.
12.3 The advertising and sponsorship on the Web Site is the responsibility of the advertiser or sponsor. We exclude liability to the fullest extent permitted by law for any error or inaccuracy appearing in any advertising or sponsorship material.
12.4 You may not assign, sub-licence or otherwise transfer any of your rights under these terms and conditions without our agreement in writing.
12.5 YOU AGREE ON DEMAND TO INDEMNIFY AND HOLD US AND ANY OF OUR OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ALL AND ANY DAMAGES, COSTS, LIABILITIES, LOSSES OR EXPENSES WHICH WE REASONABLY AND PROPERLY SUFFER OR INCUR AS A RESULT OF ANY CLAIM, ACTION OR PROCEEDINGS BROUGHT OR THREATENED AGAINST US RELATING TO YOUR USE OF OR CONDUCT ON THE WEB SITE AND/OR YOUR BREACH OF THESE TERMS AND CONDITIONS.
13. CUSTOMER SERVICES
If you have any queries in relation to the Web Site or your subscription to the Jewish Chronicle Newspaper please contact one of our customer service representatives on +44 (0) 20 7415 1570 or by email at
subscriptions@thejc.com.
14. PRIVACY POLICY
In addition to our obligations under the Data Protection Act 1998, we operate by the following principles with regard to personal information which you supply to us.
14.1 What information do we collect?
We ask you to provide certain personal details about yourself when registering on this site, for example, your name, email address, postal address and age. We may also collect billing information such as your credit card details and billing address, where appropriate. We use this information to verify your name, address and other information. When you visit the Web Site we issue a “cookie” or unique code that allows us to identify your computer. The cookie contains no personally identifying information and is used to identify user’s browsing preferences in order to help us to improve our site. When you register the “cookie” for your machine will be combined with the personal information you give at registration and with any additional information you give to interact with our services subsequently. This information is collected for internal use within the JC group only so that we can carry out research on our users’ demographics, behaviour and interests. By using the Web Site you consent to our collecting data about you and disclosing to other companies within our group and using it in the manner set out in this privacy policy.
14.2 How are your personal details used?
Your personal details will be used by us to process your registration. We will also use this information to improve our marketing and promotional efforts and to assist us with improving our content and services offered on the Web Site. We may use your personal details for our own direct marketing purposes within J C TECH Limited and from time to time you may receive directly marketing from us. If at any time you decide you do not want to receive marketing, please notify
unsubscribe@thejc.com and your personal details will be removed from our database as soon as reasonably practical. As stated above, we also collect statistical data so that we can analyse site usage and customer needs. If you join our email subscription service (and do not opt out of the direct mailing option), then we will send you promotional emails about our latest offers or new services. Every time we send you an update, you will also be given information on how to unsubscribe if you are not happy with the way in which your personal details are used. You have a right to ask for a copy of your personal information (for a small fee) and to ask us to correct any inaccuracies in your personal information.
14.3 Do we disclose your details to third parties?
Except as set out below, we will not pass your personal details to any third party except to other members of the JC group, to our Web Site contractors, partners, affiliates and professional advisers. You can rest assured that we will not sell or rent your personal details to any other organisation. If, however, in the future, we sell our business to a third party, then we will pass your personal details to the business purchaser but only if it has a privacy policy similar to or identical to ours. In addition to using your personal details for our own direct marketing purposes, as set out in the section above, we would, however, like to pass your personal details to other members of the same group of companies as J C TECH Limited for direct marketing purposes. Please would you indicate by ticking the appropriate box (either during the subscription process or in the section of the website marked “Your Details”) whether you consent to such use of your personal details. Please help us in keeping your personal details up to date. If at any time your personal details are out of date or incorrect, please email us with the correct information, and we will change our records as soon as reasonably practicable.