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SUBSCRIBER
AGREEMENT
This Subscriber Agreement ("Agreement") governs use via
this website of the archive comprised of articles taken
from the newspapers The Times, The Sunday Times, The Sun
and The News of the World ("Archive").
This Agreement is comprised of:
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this document; |
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the website's privacy policy
at www.nidp.com
("Privacy Policy"); and |
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the general terms and conditions
at www.thetimes.co.uk
("General Terms and Conditions"). |
In the event of any inconsistency between the terms
of this document and the General Terms and Conditions,
this document shall prevail.
Please read all parts of this Agreement carefully before
using this website. By accessing this website, you agree
and acknowledge that you have read all parts of this
Agreement.
1.GENERAL RULES AND DEFINITIONS
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1.
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This website is operated by
Times Newspapers Limited ("TNL"), which is owned
by News International Limited. The registered address
of TNL is 1 Virginia Street, London E98 1XY, United
Kingdom. |
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2.
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Access to and use of the
Archive is provided by TNL subject to this
Agreement. |
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3.
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By using the username and
password included on the registration form to access
the Archive, you accept in full the terms of this
Agreement and agree to comply with them in your use
of the Archive. |
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4.
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This Agreement may need to be
varied by TNL from time to time for security, legal
or regulatory reasons. TNL will take reasonable
steps to notify you of any such variations but the
best means of finding out about these is to review
regularly this page to obtain timely notice of such
variations. |
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5.
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TNL will only use any
personal data collected during your use of this
website in accordance with current UK data
protection legislation and any other applicable data
protection legislation. Please go to the Privacy
Policy for further information about TNL's use of
personal data. |
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6.
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If any variation to this
Agreement under paragraph 4 above is unacceptable to
you, you may cancel your subscription under
paragraph 1 of Section 4 below. Where you cancel and
the variation is material, you will, on written
request to TNL, be refunded any unused credits for
which you have paid. |
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7.
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TNL will do what it reasonably can to maintain
availability of the website but the website may
not be available for access and use at all times
due to unavoidable operational or maintenance
reasons or reasons beyond the reasonable control
of TNL. TNL does not accept legal responsibility
for the accuracy, completeness or suitability for
any purpose of any of the content on the website,
including, without limitation, the Archive except
to the extent that TNL’s negligence has given rise
to a problem.
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8.
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TNL’s aggregate liability for
any breach or breaches of this Agreement is limited
to £25 or the value of credits purchased by you in
the 12 months previous to such breach or the last of
such breaches, whichever is higher. Any liability of
TNL over and above this amount is expressly excluded
to the fullest extent permitted by any applicable
law. |
2. REGISTRATION AND SECURITY
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1.
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As part of the registration
process, you will select a username and password.
You shall (a) be responsible for providing accurate
and up-to-date registration information; and (b)
take all reasonable measures to protect and secure
your username and password from unauthorised use. If
you believe that there has been a breach of
username/password security, you should notify TNL. |
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2.
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You may not (a) select or use
a username of another person with the intent to
masquerade as that person; or (b) use a username in
which another person has rights without such
person's authorisation. |
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3.
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Failure to comply with
paragraphs 1 and 2 of this Section 2 shall
constitute a breach of this Agreement, which may
result in the immediate termination of your account. |
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4.
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You are
responsible for all use made of the Archive using
your username and password, whether or not the use
is made by you or someone else using your username
and password, unless such use is due to the
negligent act or omission of TNL.
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5.
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TNL may, on reasonable
grounds, have to change, suspend or discontinue any
aspect of the Archive at any particular time,
including the availability of any feature of, or
database or other content contained in, the Archive.
In such circumstances, you may cancel your
subscription under paragraph 1 of Section 4 below
and, where you cancel and the change or
discontinuance is material in the context of the
Archive as a whole, or the suspension exceeds 30
days, you will, on written request to TNL, be
refunded any unused credits for which you have paid. |
3. PAYMENT
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1.
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You agree to pay all fees and
charges incurred in connection with your username
and password for access to the Archive (which are
set out under “Pricing information” on the website
and include applicable taxes) at the rates in effect
when the charges were incurred. |
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2.
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All fees and charges are
non-refundable except where: (i) paragraph 6 of
Section 1 above, (ii) paragraph 5 of Section 2
above, (iii) paragraph 3 of this Section 3 or (iv)
the second sentence of paragraph 1 of Section 4
applies, or where there has been a breach of this
Agreement by TNL . If you have queries in relation
to the refund of fees and charges, please contact
archive-enquiries@newsint.co.uk |
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3.
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TNL may change the fees and
charges, or add new fees or charges, by giving you
notice in advance in appropriate locations on this
website. In such circumstances, you may cancel your
subscription under paragraph 1 of Section 4 below
and, where you cancel, you will, on written request
to TNL, be refunded any unused credits for which you
have paid. |
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4.
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All fees and
charges incurred in connection with your username
and password will be billed to the credit card or
debit card designated during the registration
process for access to the Archive or subsequently
designated by you to TNL.
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5.
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If you want to designate a
different credit card or there is a change in credit
card validity or expiration date, or if you believe
someone has accessed the Archive using your username
and password without your authorisation, you must
send an email to
archive-enquiries@newsint.co.uk
YOU, AND NOT TNL, ARE RESPONSIBLE FOR PAYING ANY
AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY,
EVEN IF NOT AUTHORISED BY YOU.
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4. TERMINATION
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1.
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You may terminate your
account at any time (i) by sending an email to
archive-enquiries@newsint.co.uk, (ii) by sending
a fax to Times Archive at 020 7790 2171 or (iii) by
writing to Times Archive c/o Times Online, 1
Virginia Street, London E98 1NN. If you terminate
your account at any time prior to accessing the
Archive, you will be entitled to a refund of any
unused credits for which you have paid. Upon
termination, your access to the Archive will be
suspended within 72 hours (excluding weekends) and
you will be sent an email confirming your request.
You are responsible for all charges incurred up to
the time the subscription is de-activated. |
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2.
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TNL may in its reasonable
discretion terminate or suspend your ability to
access all or part of the Archive in the event of
material breach of this Agreement by you.
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5. CHOICE OF LAW AND JURISDICTION
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You agree that this
Agreement, for all purposes, shall be governed by
and construed in accordance with, English law. TNL
and you agree to submit to the non-exclusive
jurisdiction of the English courts as regards any
claim or matter arising under this Agreement.
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6. GENERAL
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1.
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You may not assign,
sub-licence or otherwise transfer any of your rights
under this Agreement. If any part of this Agreement
is found to be invalid by any court having competent
jurisdiction, the validity of the remaining terms
will be unaffected. If either party does not
exercise any right or remedy under this Agreement,
this will not be taken to mean that such right or
remedy has been waived.
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2.
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If this Agreement is not
accepted in full, you do not have permission to
access the Archive and therefore should stop using
the Archive immediately. |
7. CONTACT
IF YOU DO NOT AGREE WITH THE TERMS CONTAINED IN
THIS AGREEMENT, PLEASE EXIT THE WEBSITE NOW.
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