1. Intellectual Property
The contents and design of the Site, any Digital Application and any material e-mailed to you or otherwise supplied to you in conjunction with the Site and/or a Digital Application (such contents, design and materials being collectively referred to as “Cargo Media Content”), is copyright of Cargo Media and its licensors. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as the “HCB” name and logo or other trade names appearing on the Site or any Digital Application) for any reason without written permission from Cargo Media. The software that operates the Site and all Digital Applications 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 Cargo Media Content
All Cargo Media content is strictly for personal, non-commercial use only. You may retrieve and display Cargo Media Content from the Site on a computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial use. You may use Digital Applications only on devices for which they were intended, for your personal, non-commercial use and on no more than five separate devices. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit any Cargo Media Content. In particular, but without limiting the general application of the restrictions in the previous sentence, you may not do any of the following without prior written permission from Cargo Media:
- reproduce or store in or transmit to any other website, 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 the Cargo Media Content; or
- 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 the Cargo Media Content (including as part of any library, archive or similar service) without the prior written consent of Cargo Media; or
- remove the copyright or trade mark notice from any copies of Cargo Media Content made under these Terms.
Any use of Cargo Media Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to the Rights and Syndication department, Cargo Media, 298 Regents Park Road, London, N3 2SZ and may be subject to a fee.
3. Registration, Passwords and Responsibilities
You are responsible for keeping your information and passwords up to date and confidential. Certain areas or features of the Site and/or Digital Applications may only be open to registered users. You are solely responsible for the confidentiality and use of and access to Cargo Media Content and the Site and/or Digital Applications using your user name and/or password. You agree to immediately notify Cargo Media if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address or of any Cargo Media Content. You will provide Cargo Media with accurate, complete registration information and inform Cargo Media of any changes to such information. For the purpose of confirming your compliance with these Terms, Cargo Media reserves the right to monitor and record activity on the Site and Digital Applications, including access to Cargo Media Content.
Each registration and subscription is for the personal use of the registered user or subscriber only. You may not share your log-in details or password with any other person. You may not share or transfer your subscription. Cargo Media does not allow multiple users (networked or otherwise) to access the Site and/or any Digital Application through a single name and password and may cancel or suspend your access to the Site and/or a Digital Application if you do this, or breach any of these Terms without further obligation to you.
4. Subscription, Renewal and Cancellation
By confirming your purchase of a Subscription (“Subscription”) to HCB, you also confirm your acceptance of these Terms provided by Cargo Media for your Subscription.
Cargo Media offers different types of Subscriptions including, for example, Subscriptions to print issues of HCB (“Print Subscriptions”), access to Digital Applications and the Site (“Digital Subscriptions”) and print and digital bundles. Cargo Media reserves the right to vary the amount of content and types of service that it makes available to different categories of users at any time.
Cargo Media provides Subscriptions in accordance with these Terms (and the terms of any special offer or promotion that may apply). Subscribers have legal rights with regard to Subscriptions including the right to cancel.
As standard, Subscriptions are invoiced annually for Subscription periods of 12 months. In order to provide uninterrupted access to premium content and seamless renewal processes, Subscriptions are renewed automatically on the anniversary date of the Subscription. Subscription fees are payable within 30 days of invoicing or as automated recurring payments.
You may notify Cargo Media of an intention to cancel a Subscription at any point. Such notice will take effect on the last day of the active Subscription.
How to cancel:
You may notify us of your wish to cancel a Subscription by emailing firstname.lastname@example.org. Please use the message template below to ensure that we have your relevant details.
To: Cargo Media
Tel no: [insert tel. no if applicable]
I/we hereby give notice that I/we cancel my/our Subscription contract
Purchased on: [insert date of Subscription]
Customer Reference Number: [insert relevant Customer reference number]
Your name (or the customer’s name if different):
Your address (or the customer’s address if different):
It is the responsibility of the Subscriber to ensure that the HCB customer care team receives and processes a cancellation instruction. If we do not confirm receipt of your email within one full working day of you sending your cancellation instruction, please follow up with us by calling +44 (0) 20 8371 4035. Cancellation instructions are valid only if we confirm receipt; otherwise the Subscription remains active and you will remain liable for any associated payments. No correspondence will be entered into regarding a cancellation instruction that may have gone missing in an email system.
Unless you cancel a Subscription before Cargo Media starts to provide any part of that Subscription for the relevant 12 month period, you do not have any right to cancel that Subscription or any part of it until the end of the relevant 12 month period. You are not entitled to a refund for a Subscription once any part of that Subscription has been provided. In cases where you have been offered a free Subscription as a trial, unless you cancel before the end of the free Subscription, that Subscription will automatically convert to a paid-for Subscription when the free Subscription ends.
5. Fees and Payments
You are responsible for any fees that are payable.
The price to be paid for your Subscription will be made clear to you on the Subscription invoice or otherwise during the order process and may vary from time to time. Subscriptions run from January to December and will be payable at the beginning of each year, within 30 day of receiving your first copy.
You agree to pay the fees at the rates notified to you at the time you purchase your Subscription. Subscriptions will automatically renew on January 1steach year thereafter, or until you inform us in advance or within 30 days of your Subscription renewal (January 1st).
Any subscriptions purchased at any other point during the course of the year will be payable immediately and will automatically renew on January 1stthereafter.
As well as Subscriptions, access to some Cargo Media Content may be subject to a fee. All payments (including any applicable taxes) must be made in advance in GBP or other currency specified by Cargo Media. You are responsible for the payment of all charges associated with the use, by you or someone else, of the Site and/or a Digital Application using your ID.
When you purchase a Subscription or access to any other Cargo Media Content, you must provide us with complete and accurate payment information. By submitting payment details you confirm that you are entitled to use those payment details for this purpose. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to your Subscription or Cargo Media Content and in suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.
If your use of the Site or any Subscription is terminated by Cargo Media, you will not be entitled to receive a refund of any credits or pre-payments, which remain unused at the time of termination. You will continue to be responsible for any fees or other charges you have incurred prior to such termination.
You may be able to use the Site to purchase products or services from Cargo Media’s third party partners. In that event, your contract for such products will be with the third party partner and not with Cargo Media.
In the event of a change to the subscription price, the HCB team will notify the subscriber in advance in writing.
Cargo Media respects your privacy.
7. Changes to the Site and Digital Applications
Cargo Media reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of Cargo Media Content available on the Site and/or on a Digital Application at any time and to restrict the use and accessibility of the Site and its Digital Applications.
8. Liability and Indemnity
All Cargo Media Content and services are provided ‘as is’. You indemnify us for breaches of these Terms.
Although we endeavour to ensure the high quality and accuracy of the Site and Digital Applications, Cargo Media makes no warranty, express or implied concerning Cargo Media Content, any Digital Application, the Site or any software that are made available through the Site (the ” Services”), which are provided “as is”. Cargo Media expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Cargo Media, its affiliates, agents, suppliers or licensors be liable for indirect, special, incidental, and/or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) that may arise directly or indirectly from the use of (or failure to use) or reliance on the Services, even if Cargo Media has been advised of the possibility that such damages may arise. Cargo Media does not guarantee the accuracy, content, or timeliness of the Services or that they are free from viruses or other contaminating or destructive properties.
In no event will any liability of Cargo Media or its affiliates, agents, suppliers and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Services or in breach of these Terms by Cargo Media exceed the amount, if any, paid by you to Cargo Media for the particular Service to which the claim relates.
Upon Cargo Media’s request, you agree to defend, indemnify and hold harmless Cargo Media, its affiliates, agents, suppliers and licensors from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Services.
9. Force Majeure
Cargo Media will not be held responsible for circumstances beyond its control.
Cargo Media, 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 the Cargo Media Content that may result 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.
Additional Terms apply to your use of Cargo Media Content.
10.1) Changes to these Terms: Cargo Media may, in its discretion, change these Terms (including those that relate to your use of the Site, Digital Applications and/or Cargo Media Content). Whenever the Terms are changed, Cargo Media will notify you by e-mail or by publishing the revised terms on the website. If you use the Site and/or a Digital Application after Cargo Media has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site or a Digital Application any further after they are published. Access to certain the Cargo Media Content may be subject to additional terms and conditions.
10.2) Advertising, Third Party Content and other Web Sites: Parts of the Site and/or Digital Applications may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. Cargo Media is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site and/or Digital Applications may also contain links to other web sites. Cargo Media is not responsible for the availability of these websites or their content.
10.3) 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 Cargo Media.
10.4) 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.
10.5) Notices: Notices to Cargo Media must be given in writing, by letter, and sent to Cargo Media, 298 Regents Park Road, London, N3 2SZ (for the attention of the Directors)
10.6) 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. Rather, the Terms will then 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.
10.7) Whole Agreement: Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
10.8) Headings: Headings in these Terms are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these Terms.
11. Term and Termination
Cargo Media may terminate or suspend your access to Cargo Media Content at any time.
Cargo Media may, in its discretion, terminate or suspend your access to and/or use of all or part of the Site and/or a Digital Application (including any Cargo Media Content) with or without cause by delivering notice to you.
These rights of termination are in addition to all other rights and remedies available to Cargo Media under these Terms or by law.
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 Cargo Media, Cargo Media shall also 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.