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Terms and Conditions

Please read through these Terms carefully. By accessing the firstmagazine.com website, www.firstmagazine.com ("the Site") or by otherwise accessing any content found on this web site, you are deemed to have entered into an agreement with FIRST Magazine Limited ‘FIRST Magazine’ and to have agreed to be bound by the terms set out below. The Site is owned and operated by FIRST Magazine.

FIRST, FIRST Magazine are trading names of:

FIRST Magazine Limited
Registered in England and Wales. No.2017939
VAT no: GB 446 1808 45
Registered office: 56 Haymarket, London SW1Y 4RN, UK

  1. Intellectual Property Protection
  2. Use of FIRST Magazine Content
  3. Licence Fee Payment and Transactions
  4. Term and Termination
  5. Changes to the Site
  6. Registration, Passwords and Responsibilities
  7. Privacy Policy
  8. No Warranty, Disclaimer of Liability and Indemnity
  9. Force Majeure
  10. Miscellaneous
  11. Governing Law and Jurisdiction
  12. Delivery
  13. Cancellation and Refund policy

These terms were last updated on 27 February 2013.

  1. Intellectual Property Protection
    The contents and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the “FIRST Magazine Content"), are copyright of FIRST Magazine Limited and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as “FIRST Magazine” name and logo or other trade names appearing on the Site) for any reason without written permission from FIRST Magazine Ltd. The software which operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
     
  2. Use of FIRST Magazine Content
    You may retrieve and display FIRST Magazine Content on a computer screen or (if expressly authorised) mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your mobile telephone for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from FIRST Magazine:
     
    1. reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of FIRST Magazine content, or
    2. modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of FIRST Magazine Content (including use as part of any library, archive or similar service) without the prior written consent of FIRST Magazine Ltd.,
    3. remove the copyright or trade mark notice from any copies of FIRST Magazine Content made under these Terms.
       
  3. Any use of FIRST Magazine Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to the Publisher, FIRST Magazine Ltd., 56 Haymarket, London SW1Y 4RN, and may be subject to a fee.
     
  4. Licence Fee, Payment, and Transactions
    Access to certain FIRST Magazine Content may be subject to a fee. All payments (including applicable taxes) must be made in advance in UK Pounds Sterling or other currency specified by FIRST Magazine Ltd. You are responsible for the payment of all charges associated with the use of the Site using your ID.
     
    You may use the Site to purchase products or services from FIRST Magazine’s third party partners. In that event, your contract for such products will be with the third party partner and not with FIRST Magazine.
     
    Refunds can only be made to the credit/debit/charge card that was used for the original purchase. All refunds are at the discretion of FIRST Magazine Ltd.
     
  5. Term and Termination
    FIRST Magazine may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use the FIRST Magazine Content) with or without cause by delivering notice to you.
     
    The rights of termination are in addition to all other rights or remedies of FIRST Magazine provided in these Terms or by law.
     
  6. Changes to the Site
    FIRST Magazine reserves the right, in its discretion, to suspend, change, modify, add or remove portions of FIRST Magazine Content available on the Site at any time and to restrict the use and accessibility of the Site.
     
  7. Registration, Passwords and Responsibilities
    Certain areas of the Site are only open to you if you register. You are solely responsible for the confidentiality and use of and access to FIRST Magazine Content and the Site using your user name, sign-on password, and/or I.D. You agree to immediately notify FIRST Magazine if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorised use of a sign-on password, I.D., user name, or of FIRST Magazine Content or the Site. You will provide FIRST Magazine with accurate, complete registration information (including in particular your e-mail address) and inform FIRST Magazine of any changes to such information. For the purpose of confirming your compliance with these Terms, FIRST Magazine reserves the right to monitor and record activity on the Site, including access to FIRST Magazine Content.
     
    Each registration is for a single user only. You may not share your user name and password with any other person, nor may you share or transfer your subscription. FIRST Magazine does not permit access through a single name and password being made available to multiple users on a network. FIRST Magazine may cancel or suspend your access to the Site if you do this without further obligation to you.
     
  8. Privacy Policy
    The information that you provide about yourself to FIRST Magazine will only be used in accordance with FIRST Magazine’s Privacy Policy Statement.
     
  9. No Warranty, Disclaimer of Liability and Indemnity
    Whilst every effort has been made to ensure the high quality and accuracy of the Site, FIRST Magazine makes no warranty, express or implied concerning FIRST Magazine Content, the Site, software or products or services available through the Site (the "Site Services"), which are provided "as is". FIRST Magazine expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will FIRST Magazine, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if FIRST Magazine has been advised of the possibility that such damages may arise. FIRST Magazine does not guarantee the accuracy, content, or timeliness of the Site Services, or that they are free from viruses or other contaminating or destructive properties.

    In no event will any liability of FIRST Magazine, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by FIRST Magazine exceed the amount, if any, paid by you to FIRST Magazine in respect of the particular Site Service to which the claim relates.
     
    Upon FIRST Magazine’s request, you agree to defend, indemnify and hold harmless FIRST Magazine from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.
     
  10. Force Majeure
    FIRST Magazine, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of FIRST Magazine Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
     
  11. Miscellaneous
     
    Changes to these Terms. FIRST Magazine may, in its discretion, change these Terms (including those relating to your use of the Site and/or FIRST Magazine Content). When Terms are changed, FIRST Magazine will notify you by publishing details of those changes by including them in these Terms. If you use the Site after FIRST Magazine has published the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain FIRST Magazine Content may be subject to additional terms and conditions.
     
    Third Party Content and other Web Sites.
    Parts of the Site may contain third party content. Other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. The Site may contain links to other web sites. FIRST Magazine is not responsible for the availability of these web sites or their contents.
     
    Assignment of Agreement.
    This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by FIRST Magazine.
     
    Non-Waiver.
    No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
     
    Notices.
    Notices to FIRST Magazine must be given in writing by letter and sent to FIRST Magazine’s last known place of business in London (for the attention of the Publisher).
     
    Severability/Survival/Statute of Limitations.
    If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in London, England, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
     
    Whole Agreement.
    Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
     
    Headings.
    Headings in these Terms are for convenience only and have no legal meaning or effect.
     
  12. Governing Law and Jurisdiction
    These Terms shall be governed by, and construed in accordance with, English law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.
     
    For the exclusive benefit of FIRST Magazine, FIRST Magazine shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.
     
  13. Delivery
    We aim to deliver all hard copy products via mail within 3 weeks to UK addresses and five weeks for rest of world if the goods are in stock. If the goods you order are “Out of Stock” we will contact you to inform you.
     
  14. Cancellation and Refund policy
    Once payment is made, orders are not cancellable.
     
    Please check the goods on delivery and ensure that they are supplied correctly. If any of the goods prove to be damaged or not supplied as ordered, please return them within 7 days in the original packaging and in an unused condition for a full refund less of any postage costs.
     
    If you do not receive the Products you have ordered within 30 days of payment you must notify us immediately. In the absence of such notice from you to us the Products shall be deemed to have been delivered and accepted by you complete and in a satisfactory condition.
     
Last amended: 27 February 2013