Loadstar Premium: subscription terms and conditions
October 1, 2018
The interesting bit.
You can cancel your subscription at any time, but will not be refunded the remaining time – i.e. if you cancel a monthly subscription mid-month, you will not be refunded. The same rule applies to annual subscriptions. Both monthly and annual subscriptions will renew automatically. You may request an invoice for annual subscriptions only.
You may not share your Login with anyone else. Nor can you copy, reproduce or distribute the content in any way. The Loadstar is not liable for any errors or inaccuracies, and we suggest you don’t make financial decisions based on the information you read on The Loadstar.
The legal bit.
Loadstar Premium and any purchases made through The Loadstar are subject to the following terms and conditions.
When you purchase a product, the price will be made clear during the order process and you agree to pay the price that is stated at the time of your order. Prices are inclusive of taxes. On submitting credit card details or paying an invoice, you are entering into a binding contract with The Loadstar.
Definitions
1) “Client” means the person, firm or company or any other entity that orders the products from The Loadstar.
“Fees” means the money due and owing to The Loadstar for products supplied including any order processing charge. Fees are inclusive of taxes, which will be charged separately to the Client.
“Products” means any publication or information supplied to the Client in physical or electronic formats.
2) The Client will pay The Loadstar the fees as set forth within 30 days from the date of the subscription. The Client will pay any additional value-added, sales, use, import duties, customs or other taxes where applicable. Fees are non-refundable. The Loadstar reserves the right to modify the fees anytime by providing at least 45 days prior notice to the Client; provided such change will occur no more than once in any 12-month period.
3) The Loadstar grants to the Client a non-exclusive, non-transferable license to use the Products for its internal business use only and for the limited number of authorised users stated, if applicable. The Client may not copy, distribute, republish, transfer, sell, license, lease, give, disseminate in any form (including within its original cover), assign (whether directly or indirectly, by operation of law or otherwise), transmit, scan, publish on a network, or otherwise reproduce, disclose or make available to others, store in any retrieval system of any nature, create a database or create derivative works from the Product or any portion thereof, except as specifically authorised herein.
4) The initial term of any Product subscription commences once the credit card details are received or invoice is paid. The initial term will automatically renew for successive renewal terms of identical length unless noted otherwise, and next payment of fees will also be automatically collected, unless either party provides the other with written notice of its intent not to renew at least 24 hours prior to the end of the initial or any renewal term. Either party may terminate a Product subscription during the term, but the client will not be refunded for any remaining term, which can be monthly or annually.
5) The Client must not remove any proprietary legends or markings, including copyright notices, or any The Loadstar-specific markings on the Products. The Client acknowledges that all data, material and information contained in the Products are the copyright property and confidential information of The Loadstar or its third-party providers and are protected and that no rights in any of the data, material and information are transferred to the Client. The Client will take any and all actions that may reasonably be required by The Loadstar to protect such proprietary rights. No part of the publication may be reproduced or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, or be stored in any retrieval system of any nature, without prior written permission of The Loadstar. Any unauthorised use may give rise to The Loadstar bringing proceedings for copyright and/or database right infringement against the Client claiming an injunction, damages and costs.
6) Any dates specified for delivery of the Products are intended to be an estimated time for delivery only and shall not be of the essence. The Loadstar shall not be liable for any delay in the delivery of the Products.
7) License rights to the Products will not pass to Client until The Loadstar has received in full all sums due to it in respect of (i) Fees; and (ii) all other sums which are or which become due to The Loadstar from the Client on any account.
8) The Products supplied herein are provided “AS IS” and “AS AVAILABLE”. The Loadstar does not warrant the completeness or accuracy of the data, material, third party advertisements or information as contained in the Product or that it will satisfy the Client’s requirements. The Loadstar disclaims all other express or implied warranties, conditions and other terms, whether statutory, arising from course of dealing, or otherwise, including without limitation terms as to quality, merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, The Loadstar shall not be liable for any errors or omissions or any loss, damage or expense incurred by reliance on information, third party advertisements or any statement contained in the Products. Client assumes all risk in using the results of the Product(s). The Loadstar is not responsible for any error, omission or inaccuracy in any advertisement supplied with a Product. The Loadstar will not be liable for any damages arising from any use of products or services or any actions or omissions taken in reliance on information or any statement contained in advertising material. Inclusion of any advertisement is not intended to endorse any views expressed, nor products or services offered, nor the organisations sponsoring the advertisement.
9) In the event of a breach of any of the provisions of these terms and conditions by The Loadstar, its total aggregate liability for any damages/losses incurred by the Client arising out of such breach shall not exceed at any time the Fees paid for the Product which is the subject matter of the claim. In no event shall The Loadstar be liable for any indirect, special or consequential damages of any kind or nature whatsoever suffered by the Client including, without limitation, lost profits or any other economic loss arising out of or related to the subject matter of these terms and conditions. However, nothing in these terms and conditions shall limit or exclude The Loadstar’s liability for (i) death or personal injury caused by its negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any breach of compelling consumer protection or other laws.
10) The Client represents and warrants that it will not directly or indirectly engage in any acts that would constitute a violation of UK laws or regulations governing the export of UK products and technology.
11) The parties will comply with all applicable country laws relating to anti-corruption and anti-bribery. The parties represent and affirm that no bribes or corrupt actions have or will be offered, given, received or performed in relation to the procurement or performance of these terms and conditions. For the purposes of this clause, “bribes or corrupt actions” means any payment, gift, or gratuity, whether in cash or kind, intended to obtain or retain an advantage, or any other action deemed to be corrupt under the applicable country laws.
12) All Products supplied herein are subject to these terms and conditions only, to the exclusion of any other terms which would otherwise be implied by trade, custom, practice or course of dealing. Nothing contained in any Client-issued purchase order, acknowledgement, terms and conditions or invoice will in any way modify or add any additional terms to these terms and conditions. The Loadstar reserves the right to amend these terms and conditions from time to time.
13) These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the United Kingdom.
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