CONTINUUM ECONOMICS TERMS OF SALE
1 WHO ARE WE
(a) Continuum Economics is a trading name of 4Cast Limited, a company incorporated in England and Wales with company number 02711701.
(b) Our registered office is at 1 Harrington Gardens, London, England, SW7 4JJ
(c) Our registered VAT number is 997 3368 53
(d) This website (www.continuumeconomics.com) is owned and operated by us.
2 APPLICATION OF THESE TERMS & CONDITIONS
(b) Please read these terms and conditions carefully before placing your order (you may wish to print a copy for your records). By accessing our website you are agreeing to these terms and conditions. If you do not agree with the terms and conditions you should not use our website or any of our content and should cancel any subscription in accordance with your cancellation rights (see clause 15 below).
(c) If you think there is a mistake in these terms and conditions or you have any questions, then please contact us to discuss.
(d) We may occasionally amend these terms and conditions and you should check them each time you place an order.
(e) You are only permitted to purchase our services via this website if you are aged 18 or older. By submitting an order you are promising to us that you are at least 18 years old.
(f) Only consumers may purchase services from us on this website. If you are a business wishing to purchase our services, please go to www.continuumeconomics.com/products .
3 ACCESS AND USE
(a) The amount and types of content available via our website that you can view, and the platforms on which you can view it, depends on what type of user you are and what type of subscription (if any) you have. We offer various types and levels of subscriptions on our website. If you already have a subscription, details of your access rights can be found at Your Account and can be updated by logging in to your account or contacting us by email at email@example.com.
4 INTELLECTUAL PROPERTY RIGHTS
(a) We, our affiliated companies, business partners, licensors or other respective owners own the copyright in our Content and you must not use copy or in any way deal with it except as provided for in these terms and conditions.
(b) Except as stated in these terms and conditions, all trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with our Content and service are the property of us or our affiliates and licensors. You may not copy, display or use any of these indicia of origin without prior written permission of the mark owner.
(c) We grant you a royalty-free, personal and non-exclusive licence for the duration of the contract (i.e. your subscription) but not thereafter to use our Content on your compatible computer or device solely for your own non-commercial use and as authorised by us in accordance with these terms and conditions only. All licences granted to you will terminate on termination of your contract with us.
(d) You agree that, except as set out in clause 4(b), you will not acquire any rights or ownership in or to our Content. All rights not granted to you are reserved to us.
(e) You agree not to:
• to use, download, reproduce , create derivative works from, summarise, display, perform, publish, distribute, disseminate, transmit, broadcast or circulate all or part of our Content on any media or to any third party without our prior written consent; • alter, modify or interfere with our services; or
• remove change or obscure any identifications, copyright notices or notices of intellectual property rights on our Content.
(f) You acknowledge that our Content represents the opinion and views of our writers at the time of transmission which is subject to change without notice.
5 OUR LIMITATIONS – DISCLAIMER -PLEASE READ
(a) Whilst we use our reasonable efforts to ensure our Content is accurate and informative we cannot guarantee the accuracy, relevance and/or completeness of it.
(b) Our Content is only for your general information and is not intended or designed to address your particular requirements. Please note that our Content (and any other content provided by third parties and distributed by us) does not constitute any form of advice, recommendation, representation, endorsement or arrangement by us.
(c) We are not a registered or certified investment adviser and no part of our services or our Content constitutes investment advice or a recommendation to buy or sell securities or any asset, currency or other financial instruments.
(d) You should not rely on our Content in making (or refraining from making) any specific investment, purchase, sale or other decisions. You should obtain appropriate independent advice before making any such decision, such as from a qualified financial adviser.
6 OUR RIGHT TO MAKE CHANGES
(a) We may change our services:
• to reflect changes in relevant laws and regulatory requirements ; and
• to implement minor technical adjustments and improvements, for example to address a security threat or to improve reliability or performance. These changes will not affect your use of our services.
(b) In addition, as we informed you in the description of our services on our website, we may make the following changes to our services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received:
• The Content may change as we may remove certain research products available within your subscription and replace these with other research products.
(c) We may update our Content at any time, provided that the updated Content shall always match the description of our Content that was provided to you before you bought it.
7 TRIAL SUBSCRIPTIONS
(a) Your subscription to our services starts with a free 14-day trial which is intended to allow new subscribers and certain former subscribers to try our services.
(b) Only new subscribers are eligible for a free 14-day trial. No more than one trial subscription per subscriber is allowed in any twelve month period. We reserve the right to cancel any trial subscription immediately if we become aware that the subscriber has already had another trial subscription in the previous twelve months.
(c) We will inform you of the full subscription price that is payable after the trial period. After the trial period, your subscription will renew automatically at the frequency you have selected in the order process, at the full subscription price for each renewal period, unless you cancel your subscription before the end of the trial. To cancel your subscription during the trial please go to Manage Your Account and follow the simple cancellation instructions.
8 SUBSCRIPTION PRICES
(a) The subscription price for our services will be will be as shown on our website or made clear during the subscription process and will include VAT. If the rate of VAT changes between your order date and the date we supply our services, we will adjust the rate of VAT that you pay, unless you have already paid for our services in full before the change in the rate of VAT takes effect.
(b) You agree to pay the subscription price which is notified to you at the time you purchase your subscription. Most subscriptions are payable monthly but for some subscriptions we may offer an annual (or other frequency) subscription and some subscription services may only require a one-off payment.
(c) Our prices may change from time to time but this will not affect any order you have already placed and which we have accepted for the relevant subscription period.
(d) We will notify you at least 14 days in advance of your next renewal period (monthly where you have chosen to pay monthly or annually where you have chosen to pay annually) any changes to your subscription price that will apply upon next renewal. Please see clause 15 (“How to cancel”) below for details of how to cancel your subscription.
(e) We will charge the subscription prices due from you using the same card or other payment method that you previously used.
(f) The currency in which your subscription price is payable will be specified during the order process, depending on the service and your country of residence.
(g) If we increase the price of your subscription we will tell you in advance and offer you an opportunity to cancel your subscription if you do not wish to pay the new price.
(h) We make every effort to ensure that the correct prices are displayed on our website. However, if we realise services have been given the wrong price, we will correct this without delay.
(i) If we discover an error in the price of the services you have ordered before they are provided to you, we will contact you to inform you of this error and we will give you the option of continuing to purchase our services at the correct price or cancelling your order. If we are unable to contact you, we will treat the order as cancelled and notify you.
(j) Please note that if a pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide our services to you at the incorrect (lower) price.
9 DISCOUNT AND PROMOTION CODES
(a) Occasionally, we may offer special promotions (such as discounts or offers) on certain services. We have the right to withdraw such promotions at any time and they may also be subject to time restrictions, availability and other terms and conditions.
(b) To avoid disappointment, please ensure you check the terms and conditions for a promotional offer before trying to redeem it.
(c) We may occasionally offer promotional discounts, with or without a promotion code. Promotions with codes are usually only valid for one transaction and once the code is used it will be deactivated and will no longer be valid.
(d) Promotions cannot be added to an order after the order is confirmed, therefore you must ensure that the voucher is registered before you confirm and pay for our services.
(e) We are not responsible for promotions related to our services where such promotions are published on external websites or other media.
(f) We reserve the right to withdraw a promotion or promotional code at any time.
10 PAYMENTS METHODS WE ACCEPT
(a) You can pay for services on our website using a debit or credit card, or by Automated Clearing House (ACH) payment or such other payment method as we may notify are acceptable on our website from time to time
(b) If you are paying by debit or credit card, we accept all major credit or debit cards.
(c) During the checkout process you will be asked for your payment details. By completing these you are confirming that the bank account information / debit or credit card is yours. All card payments are subject to authorisation by your card issuer.
(d) Where we offer you a 14-day free subscription trial period we will not charge you for this month. At the end of the trial period, if you have not cancelled your subscription to our services, your subscription will renew automatically on a rolling monthly basis and we will charge you using the payment method and at the full subscription price notified to you at the date of your subscription or during the trial period if our prices have changed in the meantime.
11 HOW TO PURCHASE
(a) To subscribe and place an order for our services on our website, you should:
• Step 1 – Select the subscription plan you wish to purchase and click on Start 14-Day Free Trial
• Step 2 – Read the pop of these terms and conditions and select Continue
• Step 3 – Returning customers: Log in to your online account
New customers: Provide your billing and address details
• Step 4 – Place your order
(b) Up until the point at which you place your order, you can review it and make changes to it. Please take the time to check your order before submitting it. If you submit an order in error you will have the opportunity to cancel this as detailed in clause 15 below.
(c) If you place your order on a Saturday, Sunday or bank holiday, the order will be processed and confirmed usually by the following business day in the UK.
(d) When placing an order you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to place the order and purchase a subscription from us for our Content using those payment details. If we do not receive payment authorisation or any payment authorisation is subsequently cancelled, we may immediately terminate or suspend your access to your subscription. In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.
(e) 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 the payment for your order, unless it has expired in which case we will contact you.
12 WHEN THE CONTRACT IS FORMED BETWEEN YOU AND US
(a) By placing an order and submitting your payment and other subscription details, you are making an offer to us to buy a subscription service. Once you have placed an order, you will receive an email from us acknowledging receipt of your order. However, this does not mean your order is accepted by us. Your offer and order will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription. It is at this point that the contract between you and us for the sale and purchase of the services ordered by you will be formed and become binding. The contract that is formed shall be in English and will include these terms and conditions.
(b) We are not obliged to accept your offer and order and can refuse to do so for any reason. We may also be unable to accept your order because:
• we have identified an error in the price or description of our services;
• we are unable to obtain authorisation for your payment;
• you do not meet the eligibility to order criteria as set out in these terms and conditions.
We will let you know if this is the case and will not charge you for the services you have attempted to order.
13 YOUR SUBSCRIPTION AND PASSWORD
(a) Please note that as part of the subscription and order process you will be asked to register a user account with us and registration is for a single user only. On registration, you will be asked to choose a user name and password (this will be your “ID”) this is personal to you. The email address that you provide must correspond to a named email account and not a generic or shared email account.
(b) You must not share your ID or give access to our Content through your ID to anyone else. We may suspend or cancel your subscription and terminate the contract if you share your ID without our consent.
(c) You are responsible for all use of our subscription service and our Content whether by you or anyone else who is using your ID and you must prevent unauthorised use of your ID.
(d) If you believe there has been any theft or unauthorised use of your ID or any payment information, you must notify us immediately at firstname.lastname@example.org and immediately change your password by using the ‘Forgot your password?’ function on our website.
(e) We recommend that you change your user password regularly. Changes to you ID can be made by logging in to your “Manage My Account” section of your login account.
(f) If you are a registered subscriber to our subscription service then you may choose to use our “Remember me” log in feature. This enables you to be logged in automatically to our website without having to manually log in each time. However, we do not recommend that you enable this feature on any computer that is or may be used by anyone other than you in order to prevent unauthorised access by third parties to your subscription details.
14 PROVISION OF SUBSCRIPTION SERVICES
(a) Once your order is accepted, you have registered with us and your subscription is activated we will continue to provide this subscription service to you until either you or we end the contract in accordance with these terms and conditions in which case you will stop being charged the subscription price.
(b) Where you have chosen to pay monthly then your subscription service is automatically renewed at the end of each month, where you have chosen to pay annually then the subscription service is renewed automatically at the end of that year unless you cancel (see clause 15 or we terminate the contract between us and you).
(c) Once you have received an email from us informing you that your subscription is active, you will receive emails with our Content and you can log in to your account on our website and access our Content for your level of subscription.
(d) If we receive an email delivery failure notification after emailing you our Content, we will attempt to deliver to any alternative email address supplied if you have supplied more than one or reach you by other means if you have provided other contact details.
(e) To access and use our services and receive our Content, you need internet access and compatible hardware and software. This is your responsibility and cost.
(f) If you are outside the UK and order our services from our website, your order may be subject to additional import duties and taxes which are applicable to download of digital content in the country which you are accessing our Content from. These must be confirmed by you as we have no control over these charges and cannot predict their amount. These charges (if applicable) are not included in the subscription price charged by us
(g) You will be responsible for payment of any applicable import duties and taxes and you should contact your local customs office for further information before placing your order.
(h) You must comply with all applicable laws and regulations of the country from which you are accessing our services and materials. We will not be liable or responsible if you break any such law.
(i) We may have to suspend the supply of services to:
• deal with technical problems or make minor technical changes;
• update our services to reflect changes in relevant law and regulatory requirements;
• make changes to our services which are either requested by you and accepted by us (e.g. change in your subscription level) or as notified by us to you.
(j) We will always try contact you in advance to tell you if we intend to suspend our subscription services unless the problem is urgent or an emergency and advance notice is impracticable.
(k) If we have to suspend all or a material part of your subscription service for 3 consecutive days or more or more than 7 days in any 30 day period which is our fault we will adjust the price so that you do not pay for your subscription services while they are suspended. You may contact us to end the contract between us if we suspend your subscription service, or we tell you we are going to suspend it for more than 14 days in which case and we will refund any sums you have paid in advance for under the contract in respect of the period following the date you end the contract.
15 YOUR RIGHT TO CANCEL
(a) You can cancel your subscription to our Content and service at any time. If you cancel your subscription during your free 14-day trial, you will not be charged and your access to our Content will cease immediately on us processing your cancellation request. If you cancel your subscription after your free 14-day trial, or were not eligible for a free 14-day trial you will continue to have access to our Content and services until the end of the billing period in which you sent your cancellation notice to us. We will not refund any partial-month subscription periods.
(b) If you were not eligible for a free 14-day trial then you have the right to cancel your subscription, without giving any reason, within a 14 day period after the day on which you were notified that your subscription order was accepted and your account ready for activation provided you have not accessed and/or downloaded any of our Content within this cancellation period. You expressly accept however that we may activate your subscription and provide you with access to our Content within the 14 day cancellation period and you agree that you will lose your right to cancel the contract if you access and/or download any of our Content during the 14 day cancellation period.
(c) If you exercise your right to cancel within the 14 day cancellation period and have not attempted to access and/or download any of our Content then we will reimburse all payments received from you. If you have lost your right to cancel during the cancellation period you are still entitled to cancel your subscription but are not entitled to any refund for the subscription price already paid for the billing period in which you exercised your right to cancel.
(d) To exercise your right to cancel you must inform us of your decision to cancel by:
• logging on to your online account with us and following the instructions under My Account;
• e-mailing us at email@example.com;
• writing to us at Continuum Economics, 35 Great St Helen's, 1st Floor
London, EC3A 6AP, United Kingdom; or
• using our cancellation form a copy of which can be downloaded at [insert link].
(e) We suggest you keep a copy of your cancellation notification for your own records.
16 OUR RIGHT TO TERMINATE
(a) We have the right to terminate the contract and your subscription with immediate effect on written notice to you where you breach the contract between us for example, if you fail to make payments when due (this includes cancelling any direct debit or standing order without exercising your right to cancel in accordance with these terms and conditions), you use our Content in a way which is not permitted under these terms and conditions.
(b) Where we terminate the contract in these circumstances you will not be entitled to a refund of any sums paid for the billing period in which we told you we were terminating and you may be liable to compensate us for any losses we have suffered as a result of your breach.
17 ISSUES WITH OUR SUBSCRIPTION SERVICE OR OUR CONTENT
(a) We promise to provide the subscription service with reasonable skill and care and to use reasonable efforts to promptly remedy any faults of which we become aware. However we do not provide any other promises or warranties about our website or that access to our subscription service will be uninterrupted or error free.
(b) If however our Content is mis-described, not of a satisfactory quality or not fit for any particular purpose of which you made us aware of before entering into the contract with us, then we will (at your choice) either replace or repair our Content free of charge or, if this is impossible or disproportionate, we will refund you the subscription price you have paid for our Content that was affected.
(c) If we provide you with information before entering into the contract which we are required to provide by law and which by law becomes a term of the contract (for example, total subscription costs) which we later breach, you have the right to recover from us the amount of any costs incurred by you as a result of the breach.
(d) All refunds to you will be made by the same payment method you used when paying for the order being refunded.
(e) We will process any refund due to you as soon as possible and, in any case, no later than 14 days after the day we agree you are entitled to the refund.
18 YOUR OTHER RIGHTS TO CANCEL
(a) You also have the right to terminate the contract where:
• we have told you about an error in the price or description of our services you have ordered and you do not wish to proceed;
• there is a risk that supply of our services may be significantly delayed because of events outside our control;
• we have suspended or have notified you that we are going to suspend supply of our services for technical reasons for a period of more than 14 consecutive days; or
• where we have done something wrong or failed to do something in breach of the contract between you and us.
(b) In any of the circumstances detailed above please notify us by e-mailing us at firstname.lastname@example.org detailing the cause for concern. The contract will end as soon as we receive your notification and we will refund you in full for the price of any services you have paid for and which have not yet been provided. You may also be entitled to compensation.
19 LEGAL RIGHTS
(a) As a consumer, you have legal rights in relation to services that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau. Nothing in these terms and conditions will affect these legal rights.
(b) If you have any questions or complaints about the services, please contact us using the details set out at clause 25 below.
20 OUR LIABILITY
(a) Subject to the other provisions in this clause 20, neither we nor any of our affiliates, shareholders, directors, officers, and employees shall have any liability for any claims or damages arising in connection with your use of our services and our Content and/or any errors, omissions or inaccuracies in our Content.
(b) We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we accept your order.
(c) We only supply the services for domestic and private use. You agree not to use our services for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
(d) We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by law including your right to receive digital content as described and matching information we provided to you; of satisfactory quality; and fit for any particular purpose made known to us.
(e) If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.
21 EVENTS OUTSIDE OUR CONTROL
(a) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by an event outside our control (including but not limited to strikes, fire, storm, flood or other natural disaster, or failure of telecommunications networks or impossibility of the use of transport).
(b) If we are unable to perform our obligations to you as a result of any event outside our control we will contact you as soon as reasonably possible and we will take steps to minimise the effect of any delay. Provided we do this, our obligations to you shall be suspended for the duration of the event outside our control and we will not be liable for any delay caused by the event. If this affects our provision of services to you, we will arrange a new date to provide our services with you as soon as we are able to confirm this but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not yet received.
22 HOW WE USE YOUR PERSONAL INFORMATION
We will only use your personal information in accordance with our Privacy Notice which can be viewed at [insert link]. Please take the time to read this.
23 OTHER IMPORTANT TERMS
(a) This contract is between you and us. No other person shall have any rights to enforce any of its terms.
(b) We may transfer our rights and obligations under any contract with you to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within a month of us telling you about it and we will refund you any payments you have made in advance for services not provided.
(c) You must not transfer any of your rights and obligations under any contract unless we agree.
(d) Each clause of these terms and conditions are separate and if any court or relevant authority decides that any of them are unlawful or unenforceable, the other clauses will remain in full force and effect.
(e) If we do not insist that you perform any of your obligations under these terms and conditions, or where we do not enforce or delay enforcing our rights, that will not mean that we have waived our rights nor that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
(f) These terms and conditions are governed by English law and the English courts shall have non-exclusive jurisdiction to hear any dispute or claim arising out of or in connection with these terms and conditions. This means you may bring a claim to enforce your consumer protection rights in connection with these terms and conditions in England or in the EU country in which you live.
24 ALTERNATIVE DISPLUTE RESOLUTION
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to use alternative dispute resolution but this does not prevent you going to court if you are still not satisfied with the outcome. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform available at www.ec.europa.eu/consumers/odr which is designed to assist consumers to resolve dispute online without having to go to court.
25 CONTACT US
If you have any questions about us, these terms and conditions, our website or our services, please do not hesitate to contact us at:
Telephone: +44 (0) 207 881 8800
Last updated: 19 October 2017