Last updated 21 April 2022.
1. Introduction
1.1. THESE TERMS OF USE APPLY TO ALL USE OF THE WEBSITE. BY CONTINUING TO USE THE WEBSITE YOU ARE INDICATING YOUR ACCEPTANCE OF THEM.
1.2. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
1.3. These terms and conditions of use (together with the various documents referred to in them) set out the terms of use on which you may make use of our website https://www.the-fence.com/ (the “Website”) and order an annual subscription to receive the magazine, which shall be delivered once every second calendar month (the “Subscription Services”). Use of the Website includes accessing it, perusing it, linking to it, copying any of the content on it or using any of the functionality offered via it.
1.4. Please read these terms and conditions of use carefully before you start to use the Website as they represent a binding legal agreement and you will be bound by them.
1.5. By using the Website, you confirm that you accept these terms and conditions of use and that you agree to comply with them.
1.6. If you do not agree to these terms and conditions of use, you must not use the Website.
1.7. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
2. Other Applicable Terms & Policies
2.1. The following additional terms also apply to your use of the Website:
2.1.1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us.
2.1.2. Our Cookie Policy, which sets out information about the cookies on the Website.
3. Information about the owner of the Website
3.1. The Website is operated by Railing Media Limited. (“We”, “Our”, “Us” “The Fence”). We are registered in England and Wales under company number 12083516 and have our registered office at 27 Canning Cross Canning Cross, London, England, SE5 8BH.
4. Changes to these Terms & Conditions
4.1. Please note that we reserve the right to revise or amend these terms at any time to reflect changes to our business or changes in the law. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time. We may transfer our rights and obligations under these terms to another organisation.
5. We May Suspend Or Withdraw Our Website
5.1. Our Website is made available free of charge.
5.2. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
6. Your Responsibilities
6.1. You may only use our Website for lawful purposes. You may not use our Website:
6.1.1. in any way that breaches any applicable local, national or international law or regulation;
6.1.2. in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
6.1.3. for the purpose of harming or attempting to harm minors in any way;
6.1.4. to bully, insult, intimidate or humiliate any person;
6.1.5. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
6.1.6. to knowingly transmit to this Website files that contain viruses or Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information in the possession of any third party, and you will be solely responsible for any damages from any claims that may arise because you posted files that caused damage to the operation of another person’s software, hardware or telecommunications equipment.
6.2. When using this Website and our online communications infrastructure including email and any enquiry forms that we may offer users or add in the future on this Website you agree that any information you submit is accurate and truthful and any opinions are genuinely held and you will keep this information accurate and up to date.
7. Subscription Terms
7.1. The following additional terms apply to any contract between you and us for the Subscription Services. The fee for the Subscription Services will be as advertised on our Website when you Subscribe (the “Subscription Fee”).
7.2. To gain access to the Subscription Services you must follow the on-screen instructions to input your details and provide us with a current valid payment method for the Subscription Fee which will be made by direct debit (“Subscribe”). The following payment methods are accepted: Visa, MasterCard, Debit Card, Amex Card and Laser through stripe and PayPal and any other payment method as set out on the Website when you Subscribe.
7.3. After you Subscribe, we will provide you with written confirmation that we agree to provide you with the Subscription Services. At this point, a contract for the Subscription Services will come into existence.
7.4. The Subscription Services will be provided for an initial 12-month period starting on the date when you Subscribed (the “Initial Period”) and will automatically renew at the end of the Initial Period for a further 12 months and for each year after that (each a “Renewal Period”) unless you cancel the Subscription Services or your direct debit (as applicable) or we terminate the Subscription Services.
7.5. The Subscription Services are personal to you and may not be transferred or assigned.
7.6. You may only Subscribe if you are 18 years old or over and are capable of entering into legal contracts.
7.7. We reserve the right to decline to supply the Subscription Services to any individual or company.
7.8. We reserve the right update the Subscription Services and provide you with a digital magazine rather than a printed magazine. Where we do so, clause 7.14 will apply and we will reduce the Subscription Fee accordingly.
7.9. For the purpose of this clause 7 a business day means Monday to Friday 10.30 am to 5.30 pm and any day which is not a public or bank holiday in London.
Delivery
7.10. If we are providing a printed magazine, we will deliver the magazine to the address you provide when you Subscribe until either you cancel, or we terminate, your Subscription Services.
7.11. If we are providing you with a digital magazine, we will either (at our discretion):
7.11.1. make the magazine available for download by sending a link to the email address you provide when you Subscribe; or
7.11.2. provide access to the Magazine via our Website and/or on a smartphone app which will be accessible using the email address you provide when you Subscribe,
until either you cancel, or we terminate, your Subscription Services.
7.12. You are responsible for ensuring the email and/or postal address you provide us with is correct and up to date at all times. If you need to update your email and/or postal address, please email us at [email protected].
Payment
7.13. By ordering the Subscription Services you agree to pay all fees and charges, including applicable taxes.
7.14. We reserve the right to amend the Subscription Fee for the Subscription Services at any time at our absolute discretion. We will notify you at least 30 days in advance where we intend to do so (or other such length of notice as is required by the Direct Debit guarantee from time to time), and the new Subscription Fee will apply from the next Renewal Period.
7.15. By providing us with a valid payment method when you Subscribe, you authorise us to deduct the Subscription Fee and any other applicable fees, charges or taxes via direct debit on the date you Subscribe (or the first business day after you Subscribe) and on the first business day of each Renewal Period (each, the “Due Date”) until you cancel the Subscription Services or your direct debit (as applicable) or we terminate the Subscription Services.
7.16. You will be billed in Sterling. Any relevant exchange settlements will be determined by agreements between you and your credit card/debit card issuer.
7.17. If you do not make any payment to us by the Due Date we reserve the right to:
7.17.1. charge interest to you on the overdue amount at the rate of 8% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount; and/or
7.17.2. suspend the provision of the Subscription Services to you until you have paid the outstanding Subscription Fee and any applicable interest which has accrued.
Your right to Cancel
7.18. You have the right to cancel the Subscription Services within 14 days without giving any reason and receive a full refund of the Subscription Fee. The cancellation period will expire 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform us of your decision to cancel this contract by an unequivocal statement (e.g., a letter sent by post to our registered office address or by emailing [email protected]). To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel the Subscription Services within 14 days, we will reimburse all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. You will not incur any fees as a result of such a reimbursement.You can cancel the Subscription Services at any time. To cancel, you must send an email to [email protected] at least 10 business days in advance of your Due Date or you will be automatically subscribed for the next Renewal Period.
7.19. We will carry out any reimbursements using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise.
Our right to terminate
7.20. We reserve the right to terminate your subscription immediately if:
7.20.1. the Subscription Fee is not paid on the Due Date as set out in clause 7.12 above;
7.20.2. you do not provide us with sufficient information for us to deliver the magazine to you;
7.20.3. you breach any of these terms applicable to the Subscription Services;
7.20.4. you breach any other terms for use of the Website or services; or
7.20.5. for any other reason.
7.21. If we have terminated your access to the Subscription Services and you would like to re-subscribe, without prejudice to any other rights or remedies we may have, we have the right to require payment in full of any outstanding amount owed to us.
8. Intellectual Property
8.1. We are the owner and/or the licensee of all intellectual property rights inherent in the Website, and in the material published on it or by it including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software. Unless specifically stated otherwise, nothing in these terms or on the Website shall give effect to any transfer of such intellectual property rights from us to you.
8.2. Your sole right to use the intellectual property inherent in the Website is a non-exclusive licence to make use of such content only as is strictly necessary to enable you to access the Website and to peruse its contents.
8.3. You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.
8.4. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
8.5. Our status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged.
8.6. You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
8.7. If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
9. Do Not Rely On Information On This Website
9.1. The content on our Website is provided for general information only and, with the exception of the Subscription Services, is not an offer to provide goods or services. The content is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.
9.2. Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date.
9.3. We are not responsible for websites we link to or who link to us. Where our Website contains links to other Website and resources provided by third parties, these links are not endorsed or approved by us, unless we expressly say so.
10. Consequences of breaching terms
10.1. Failure to comply with these terms constitutes a breach of the terms upon which you are permitted to use our Website, and may result in our taking all or any of the following actions:
10.1.1. immediate, temporary or permanent withdrawal of your right to use our Website;
10.1.2. immediate, temporary or permanent removal of any user-generated content uploaded by you to our Website;
10.1.3. issue of a warning to you;
10.1.4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
10.1.5. further legal action against you; and/or
10.1.6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
11. Indemnity
11.1. You acknowledge that you are responsible for any material that you post on this Website and that if you breach any of these terms and conditions you may be personally liable to us or any third party that suffers harm as a result.
11.2. You agree to indemnify and keep indemnified us, our successors and assigns, our directors, trustees, offices, employees and agents from and against all liabilities, claims, losses, costs, damages and expenses including legal fees which are reasonably incurred by us should you breach any of these terms and conditions.
11.3. This indemnity includes your use of the information you read on this Website, together with any introduction or collaboration that you enter into as a result of viewing this Website.
12. Limitation of our liability
12.1. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
12.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
12.3. We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable.
12.4. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
12.4.1. use of, or inability to use, the Website; or
12.4.2. use of or reliance on any content displayed on the Website;
12.4.3. loss of profits, sales, business, or revenue;
12.4.4. business interruption;
12.4.5. loss of anticipated savings;
12.4.6. loss of business opportunity, goodwill or reputation; or
12.4.7. any indirect or consequential loss or damage.
12.5. Further, you acknowledge that the author of each posting on this Website is responsible for his or her comments. Insofar as the law permits, we shall not be liable for any loss, damage or distress incurred as a result of material posted on this Website. We reserve our rights under the Defamation (Operators of Websites) Regulations 2013/3028 to remove user-generated content and/or share personal data of users in accordance with the statutory regime relating to allegations of defamation.
12.6. We are not responsible for the accuracy, veracity or reliability of any opinion, advice or statement made on this Website and such communications shall not be considered to be reviewed, screened, monitored, edited or approved by us.
12.7. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content from it, or from any website linked to it.
13. Events Outside our Control
13.1. We will not be liable or responsible for any failure to perform, or delay in performance or, any of our obligations under these terms of use that is cause by an Event Outside Our Control (as defined in the paragraph below).
13.2. An Event Outside Our Control means any act or event beyond our reasonable control. An event shall be an Event Outside Our Control where it would be either commercially, technologically or organisationally unreasonable to mitigate the risk of the event as well as extraneous events such as (and without limitation) strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence or other natural disaster, pandemic, epidemic, , or failure of public or private telecommunication.
13.3. If an Event Out Our Control takes place that affects the performance of our obligations under these terms of use our obligations under these terms of use will be suspended and the time for performance of our obligations will be extended for the duration of the Even Outside Our Control.
14. Viruses
14.1. We do not guarantee that the Website will be secure or free from bugs or viruses.
14.2. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
15. Linking to the Website
15.1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
15.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
15.3. You must not establish a link to the Website in any website that is not owned by you.
15.4. The Website must not be framed on any other Website, nor may you create a link to any part of the Website other than the home page.
15.5. We reserve the right to withdraw linking permission without notice.
16. Third party website links & resources in the Website
16.1. Where the Website contains links to other Websites and resources provided by third parties, these links are provided for your information only.
16.2. We have no control over the contents of those Websites or resources.
16.3. We assume no responsibility for the content of websites linked to from the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
16.4. If you do link from the Website to other websites, your use thereof will also be subject to those websites’ terms and conditions.
17. Advertising/Sponsorship
17.1. Inclusion of any material in advertisements or sponsors’ materials on this Website does not constitute any guarantee or endorsement as to the quality or value of any of the products or services advertised or any claims made for the products or services by the manufacturer. Any correspondence or dealings which you may have with advertisers or sponsors promoting themselves on this Website are solely between you and that party. We shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealing or as a result of the presence of such advertisers on the Website.
18. Applicable law
18.1. Please note that these terms and conditions of use, and their subject matter are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over any disputes. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
18.2. If you are a business, these terms and conditions of use and their subject matter (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
19. Contact Us
19.1. You can write to us at our registered office at 27 Canning Cross Canning Cross, London, England, SE5 8BH.
19.2. Alternatively, please email us at [email protected].