Get Free Downloads
Start your GDPR today in just a few clicks
      
Get Free Downloads
Start your GDPR today in just a few clicks
Subscription Terms and Conditions for subscribers to New Marketing Systems Ltd [NMS] Products This legally binding agreement (“Agreement”) is made between NMS and the individual (“you”) identified in the order confirmation on the NMS’s website (“Website”) or, if you ordered offline, in the order confirmation sent to you. This Agreement includes the terms and conditions set out below together with our stand terms and conditions [Standard Terms and Conditions for Users] any disclaimers, guidelines or other terms that may be sent to you by NMS or agreed to by you, posted on the relevant web page(s) of the Website or included in printed publications that form part of your subscription. 1. Introduction 1.1 These are the terms and conditions on which NMS agrees to provide you with online access to the NMS product(s) and/or any print versions of NMS product(s) to which you have subscribed (together “NMS Materials”). By subscribing to and accessing NMS Materials, you agree to these terms and conditions. For the purposes of this document, a subscription includes a purchase by you of any GDPR related material, tools, information or other materials by NMS. If you do not agree with these terms and conditions you should not subscribe to receive NMS Materials. 1.2 References in these terms and conditions to "NMS" (or "we", "us" or "our") are to New Marketing Systems Limited. If you need to contact us, please email support@optindigo.com. 1.3 When subscribing to our product(s) you must provide us with accurate and complete information (including payment details, contact and other information) and it is your responsibility to update and maintain changes to that information through your user account. We are entitled to rely on any information you provide to us. All information received by us about you as a result of your subscription or your access to and use of NMS Materials will be used by NMS in accordance with our privacy policy. 2. Your Subscription 2.1 Contract with NMS. By submitting your payment and other subscription details you are making an offer to NMS to buy a subscription to the relevant NMS Materials. Your offer will be accepted by us and a contract formed only when we have verified your payment details at which point we will confirm your subscription and provide you with access to (and if applicable, deliver to you) the relevant NMS Materials for a subscription period of 12 months. If we are unable to accept your order, we will inform you of this and will not charge you for the subscription. 2.2 Payment details. You must provide us with complete and accurate payment information and contact details. By doing this, you are representing to us that: you are entitled to purchase the subscription and that we may use such payment information and details in order to pay for the subscription (and for us to process such payment) throughout the period of your subscription. You repeat this representation to us when, during the period of your subscription, you need to update your payment details where, for example, your card or other payment method expires or when you change your contact details. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment (unless it has expired, in which case we will contact you). If at any time we do not receive payment or your payment authorisation subsequently expires or is cancelled, we may immediately cancel your access to NMS Materials in accordance with the details below. 2.3 Price. The price you pay for your annual subscription (and the currency in which you pay) will be stated on the relevant web page of the Website from which you began the subscription ordering process. Such price will be re-confirmed to you as part of the ordering process. It is your responsibility to pay any charges that might be applied by your bank or payment provider in paying for your subscription. Subject to these terms and conditions, in return for us making the relevant NMS Materials available to you, you agree to make the payments notified to you at the time of your purchase. 2.4 Incorrectly stated prices. While we try to ensure that all prices we display and quote are correct and accurate, errors may occur and, if they do, we will notify you of the mistake. If we incorrectly state a price, we are not obliged to provide you with a subscription at that price. If we do notify you of such a mistake, even after having accepted your offer to buy the subscription at the incorrect price, you may either pay the correct price or you can cancel the subscription in which case we will then refund any money you have paid us that relates to the unexpired portion of your subscription. 2.5 If you do neither of these things then we shall be entitled to cancel or suspend your subscription. 2.6 Taxes and Customs. Unless otherwise indicated, the prices we state for our subscriptions are exclusive of VAT (or other similar sales tax) which, if applicable, must be paid in addition. 2.7 Renewals. At the end of the 12 month period your subscription will convert automatically to a monthly subscription agreement until you decide to cancel. We will not contact you at the end of the 12 months period. If you decide not continue with your subscription you can cancel at anytime after the end of the initial12 months period. 2.8A Cancellation: by you. If you have subscribed then, by placing your order, you are requesting and agreeing that we may start your subscription, and provide you with access to the relevant NMS Materials as soon as possible following our acceptance of your order. Please note that you have 14 days after the day we email you to confirm we accept your order to change your mind and cancel your subscription, provided that you have not accessed the NMS Materials during that 14 day period. If you do access the NMS Materials within the 14-day period, you acknowledge that you are not entitled to a refund if you then change your mind and cancel your subscription. Ending your subscription early because of something we have done or are going to do: If you are ending your subscription for one of the following reasons, the Agreement will end immediately and we will refund you in full for any part of your subscription that has not been provided. The reasons are: (a) we have told you about an upcoming significant change to your subscription or these terms and conditions to which you do not agree; (b) we have told you about an error in the price or description of the subscription you have ordered and you do not wish to proceed; (c) there is a risk that supply of the subscription may be significantly delayed because of events outside our control; or (d) we have suspended the supply of the products for technical or other reasons, or we notify you that we are going to suspend them for such reasons, in each case for a period of more than 30 days. Except as specifically provided for in any other provision of these terms and conditions, your subscription may only be cancelled by you with effect from the expiry of your current subscription period. You may provide us with notice in advance of your current subscription expiring but the cancellation will not take effect until the end of your current subscription period. You can cancel your subscription by contacting us at support@optindigo.com stating that you wish to cancel your subscription and including in your email your name and account username. Alternatively, you can call our customer service helpdesk on +44 1772 217772. 2.8B Cancellation: by NMS. NMS reserves the right to cancel your subscription if you do not make payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due. Separately, we may cancel your subscription on giving you at least 30 days’ notice by email where we cease to provide (or to be able to provide) NMS Materials to which you have, or in the unlikely event that we cease to provide subscription services. If we cancel for any of these reasons then we will refund you any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription. 2.8C Suspension: by NMS. If you do not pay for the NMS Materials when you are required to and you still do not make payment to us within 7 days of us reminding you that payment is due, we may suspend your subscription until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the NMS Materials for this reason. We may also suspend the supply of products to you to deal with technical problems or make technical changes or to update the NMS Materials to reflect changes in relevant laws and regulatory requirements; or to make changes to the NMS Materials as notified by us to you. We will contact you in advance to tell you we will be suspending supply of the NMS Materials, unless the problem is urgent or an emergency or where we do not have a correct contact information for you. If we have to suspend the supply of the NMS Materials for longer than 30 days in any 12 month period we will either adjust the price so that you do not pay for your subscription during the period when provision of the NMS Materials is suspended or we will extend the period of your subscription to cover the period when the provision of the NMS Materials was suspended (at no additional cost). You may contact us to end your subscription if we suspend provision of the NMS Materials, or tell you we are going to suspend them, in each case for a period of more than 30 days and we will refund any sums you have paid in advance for the NMS Materials in respect of the period after you end your subscription. 2.9 Your subscription is personal. Your subscription is personal to you and you may not share with, give, licence or transfer to, any other person any of your rights or entitlements under this Agreement (including to access and/or use NMS Materials under your user account using your password and/or user code). You agree to take responsibility for all access to and use of all NMS Materials that occurs under your user account and to prevent unauthorised use of it. Without further obligation to you, we may cancel or suspend your access to NMS Materials if you share your user account details. If you believe that your user account is being used by anyone else, you should inform us immediately via support@optindigo.com. We reserve the right at any time to verify and/or validate that you are a personal subscriber to our products and that you are accessing and using NMS Materials for your own personal use. 3. Your use of NMS Materials 3.1 NMS hereby grants you a non-exclusive, non-transferable right to access and use the NMS Materials for your own personal, non-commercial purposes during the period of your subscription. You shall not without written permission: a) create derivative works of the NMS Materials (including any translation); b) remove, obscure, or change: an author’s name or affiliation; NMS’s or its licensor’s copyright notices, policies, disclaimers, terms or other means of identification; c) systematically download or print any part of the NMS Materials; d) knowingly permit any third party to access or use the NMS Materials; e) include, mount or distribute any of the NMS Materials in other works (other than legally permitted quotations with an appropriate citation); or f) use or distribute the NMS Materials for commercial use. 3.2 NMS also grants you a non-exclusive, royalty-free licence to use any blogs, news item, advice etc.. that formed part of the NMS Materials to which you subscribed and that were published during the period of your subscription following the termination or expiry of your subscription. Your use of any NMS Materials for which perpetual access is hereby granted, is subject to the provisions of this Agreement, which shall continue to apply to your use of any NMS Materials following termination or expiry of this Agreement. 3.3 We may make changes to NMS Materials and to the way these are made available to you to reflect changes in the law and regulatory requirements, to implement minor adjustments or improvements. These changes will not affect your use of the NMS Materials. 3.4 If we need to make more significant changes to the NMS Materials and/or these terms and conditions other than those set out above (for example, because we have decided to make changes to format and/or ‘look and feel’ and/or the functionality and type of our delivery platforms) we will notify you. If you do not agree to the changes we are proposing, you may then contact us to cancel your subscription before the changes take effect and receive a refund for any NMS Materials paid for but not received. 3.5 While NMS will (i) use reasonable skill and care in developing NMS Materials and in providing you with access to NMS Materials as part of your subscription and (ii) use reasonable efforts to remedy any faults or errors of which we become aware, NMS Materials are provided and made available to you via your subscription on an "as is" or "as available" basis. We make no promises in respect of the quality, completeness or accuracy of the information published. Unless we expressly state otherwise, all NMS Materials are provided as a resource for your general information and use and are not (nor are they intended) to address your or any particular requirements. It is your responsibility to make your own professional decisions and judgments and to independently verify any information that you may choose to rely upon in NMS Materials. 3.6 NMS relies various sources to confirm the accuracy of information contained in the NMS Materials and therefore NMS cannot and does not warrant the accuracy of the NMS Materials (or any part of them). Users should be aware that professionals in the field may have different opinions. Because of this fact NMS strongly recommends that all readers independently verify any information in the NMS Materials that they chose to rely upon. Ultimately it is the reader’s responsibility to make their own professional judgements. Opinions posted on any part of the Website are those of the individuals posting them and not the views of NMS. Differences may occur between the text of articles, documents, blogs, and advertisements. 3.7 All NMS Materials belong to NMS who own all intellectual property rights (including copyright) in NMS Materials. No intellectual property rights in any NMS Materials are transferred to you. 3.8 On cancellation or expiry of your subscription, your access to NMS Materials (and the right to receive copies, if applicable) shall cease. 3.9 If NMS terminates or cancels your subscription for breach of this Agreement by you, all rights to access NMS Materials including the perpetual access granted (and the right to receive copies, if applicable) shall cease. 4. Our liability to you Please read this section carefully - it makes clear to what extent, if any, NMS accepts responsibility (liability) to you for your use of NMS Materials. 4.1 NMS accepts no responsibility if you incur any loss or damage as a result of using NMS Materials outside the scope of these terms and conditions. Nor does NMS accept any responsibility in respect of any third party products or services referred to or linked to in any NMS Materials. 4.2 NMS will be responsible only for loss or damage that is reasonably foreseeable as a result of its breach of these terms and conditions or otherwise as a result of a breach of a legal duty of care owed to you, and NMS's total financial liability to you is limited to 115% of the price you have paid for your subscription. 4.3 NMS is not responsible for, and is not liable to you if you suffer or incur, any loss as a result of matters beyond its reasonable control such as, by way of example (and not limited to), the provision or performance of public or private communications networks, internet services and/or connections, acts of god, industrial action, terrorist attack or threat. If, due to an event beyond our reasonable control, we are unable to provide access to NMS Materials for a consecutive period of more than 28 days, you may cancel your subscription and we will refund any amounts that you have paid us in advance that relate to any remaining period of your subscription. 4.4 NMS's liability will not be limited or excluded in the case of death or personal injury directly caused by NMS's negligence; nor is NMS’s liability otherwise excluded or limited for loss or damage that cannot as a matter of law be excluded or limited. 5. General 5.1 Transferring NMS’s rights and obligations. NMS may transfer its rights and obligations under this Agreement to another organisation upon notice to you. 5.2 Severability. Each of the provisions set out in this Agreement operates separately. If any court of competent jurisdiction determines that any of them are invalid, the invalidity will not affect the other provisions which shall remain in full force and effect (and construed accordingly to the extent necessary). 5.3 No waiver. If either party fails to exercise any right or remedy under this Agreement then such failure does not amount to a waiver of that right or remedy. 5.4 Entire Agreement. This Agreement constitutes the complete agreement between you and NMS relating to your use of NMS Materials. 5.5 Alternative Dispute Resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without having to go to court. If you are not happy with how we have handled a complaint, disputes may be submitted for online resolution to the European Commission Online Dispute Resolution Procedure. 5.6 Law & Jurisdiction. This Agreement will be subject to English law and both you and NMS agree that the courts of England will have non- exclusive jurisdiction to settle any dispute which may arise out of, or under, or in connection with this Agreement. 5.7 Questions & complaints. If you have any questions about your subscription, please contact us on +44 (0) 1772 217772 or email to support@optindigo.com.