TERMS AND CONDITIONS OF USE OF thejc.com
1. WHO WE ARE
thejc.com (the “website”) is operated by and on behalf of The Jewish Chronicle Limited, a company incorporated in England under registered number 95587 whose registered office is at 28 St. Albans Lane, London NW11 7QE. Our VAT number is GB 245 5419 55 All references to “we”, “our” and “us” are references to The Jewish Chronicle Limited.
2. ACCESS TO THE WEB SITE AND ACCEPTING THESE TERMS AND CONDITIONS
2.1 It is a condition of your access and use of any part of the website that you agree and adhere to the following terms and conditions of use in full. You are authorised to use the website in accordance with these terms and conditions only. Please read them carefully.
2.2 By using the website and/or by registering with us and/or applying for our subscription services you will be indicating that you agree to abide by these terms and conditions. If you do not agree to these terms and conditions please do not access or use the website or register to use any of the services available through the website.
2.3 Please note that certain parts of the website and some of the services provided by us (e.g. the ability to comment on news stories) will only be available to registered users (“Registered Users”). In addition the ability to view certain areas of the website (including the JC Archives) will only be available to those who have registered for a subscription or have a current subscription to the Jewish Chronicle (“Subscribers”) or to those who have paid the relevant fees for access.
2.4 Please note that, excluding paragraphs 6 to 8, the terms and conditions apply to all users of the website. If you are a Registered User you will also be subject to the additional terms at paragraph 6. If you are a Subscriber you will also be subject to the additional terms at paragraphs 7 and 8.
2.5 The website is intended solely for users aged [16] years or over. Any registration, use or access of the website by anyone under [16] years of age without their parent or guardian’s prior consent shall be unauthorised. By using the website, you warrant that you are 16 years of age or older (or have the consent of your parent of guardian to use the website).
2.6 You are responsible for making all arrangements necessary for you to access the website.
2.7 Access to our website is provided on a temporary basis and we reserve the right to change, suspend or discontinue any part of the website at any time at our absolute discretion without notice.
2.8 We reserve the right to immediately restrict your access or use of the website (or any part of it or the services offered via the website) at our sole discretion, including if we consider that you do not comply with these terms and conditions.
3. CHANGES TO THE WEB SITE AND THESE TERMS
3.1 We aim to update our website regularly and may change the content at any time. Please be aware that we may alter the information on any part of the website, including these terms and conditions, from time to time. You are advised to review these terms and conditions regularly to ensure you are aware of any changes. Your continued use of the website after such changes are posted will be deemed agreement on your part to the new revised terms and conditions.
3.2 Any of the material on our website may be out of date at any given time and we are under no obligation to update such material.
4. USE OF THE WEBSITE
4.1 You may only use our website for lawful purposes. You may not use our website:
4.1.1 in any way that breaches any applicable law or regulation;
4.1.2 in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
4.1.3 for the purpose of harming or attempting to harm minors in any way;
4.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out in paragraph 9.4;
4.1.5 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
4.1.6 to knowingly or negligently transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
5. INTELLECTUAL PROPERTY RIGHTS AND REPRODUCTION OF MATERIALS
5.1 We and/or our licensors own the copyright, trademarks, database rights and other intellectual property in the website and all of the material published on it. You may only use the material on the website for your own personal non-commercial purposes. Save as permitted in this paragraph 5.1, you may not copy, reproduce, distribute, upload, post or transmit in any form, any of the content of the website without our express prior written permission nor may you modify, licence, create derivative works from, transfer or sell any content, software or information obtained from the website without our express prior written permission.
5.2 The software on the website is protected by copyright and is made available strictly on the terms of licence of such software and may not be used for any purpose other than the proper use of the website in accordance with these terms and conditions.
6. REGISTRATION
6.1 There are certain services available on the website which you will not be able to access unless you are a Registered User. These include posting comments on news stories, uploading your own content etc. Registration is free. Please note that registration is separate to subscription (see paragraphs 7 and 8). Subscribers will be issued with their own separate and unique subscription log in.
6.2 In order to register as a user of the website you must be at least [16] years of age. You agree to provide true and accurate information about yourself when filling in any registration form and to maintain and promptly update such data. You can update your details by the method outlined on our Registration Page. We are entitled to rely on any information you provide to us.
6.3 During the registration process you will be asked to select a user name and password. You must not disclose your user name and password to any other person. You are responsible for protecting and securing your user name and password from unauthorised use as you will be responsible for all actions that occur using such details whether by you or by someone else. If you believe that there has been a breach of security you must notify us immediately via email on subscriptions@thejc.com. You must not select or use a user name of another person with the intent to masquerade as that person or use another person’s log in details. We recommend that you do not select an obvious user password and that you change it regularly.
6.4 You may fill in a profile once you have registered. You must provide your real name when registering and completing this profile.
6.5 We may immediately terminate or suspend your account and/or access to the website and remove any User Material (see paragraphs 9 and 11) from the website in the event that you breach these terms and conditions or we reasonably believe you have breached these terms and conditions.
6.6 You may terminate your account at any time and for any reason by emailing us at subscriptions@thejc.com . We will then seek verification before taking appropriate steps.
7. SUBSCRIBER SERVICE - PAYMENT
7.1 There are certain areas of the website which you must pay to access. These are access to the Jewish Chronicle online and the JC Archives (“Subscriber Service”)
7.2 In order to access the Subscriber Service you must be a current pre-paid subscriber to the Jewish Chronicle newspaper or you must take out a ‘JC subscription’ online by completing the necessary online forms at the subscriptions section of the website and/or pay the relevant fee for access to the relevant part of the Subscriber Service as detailed on the website from time to time.
7.3 On successfully completing the subscription process you will be issued a unique log-in. Note that this is different to any log-in which you may have as a Registered User (see paragraph 6).
7.4 By subscribing to receive the Subscriber Service you are agreeing to the following terms:
7.4.1 you agree to pay any subscription fees and charges at the rates in effect when the charges are incurred. We may change the fees by giving you notice in advance in appropriate sections of the website;
7.4.2 you must provide us with complete and accurate subscription and payment information. You can pay for your subscription by either credit or debit card. By submitting credit or debit card payment details to us you warrant that you are entitled to purchase the Subscriber Service using those payment details. In the case of unauthorised payments we reserve the right to immediately suspend or terminate your access to the Subscriber Service. If we do not receive payment authorisation or any authorisation is subsequently cancelled we may immediately terminate or suspend your access to any Subscriber Service;
7.4.3 we will endeavour to process your subscription promptly but we do not guarantee that the Subscriber Service will be available to you by any specified time. A contract with you for receipt of the Subscriber Service will come into effect when we send you an email confirming your subscription details;
7.4.4 once you have completed the subscription process and your card has been authorised for payment, you will be given appropriate access to the subscriber only areas and archives;
7.4.5 the subscription and additional download prices are set out on the pages that contain our subscription process. You can take out a 52 week subscription which will automatically renew unless you inform us that you do not wish to renew it. We may also offer, from time a time, a one off subscription for a lesser period as detailed on the subscription page. We will notify you in advance of any price increases as mentioned in 7.4.1 above;
7.4.6 10 days’ notice is required to implement a change to your delivery address;
7.4.7 a £10 admin fee will be charged for subscribers moving between regions (i.e. overseas to UK or vice versa) within the subscription period;
7.4.8 all fees and charges incurred in connection with your Subscriber user name and password will be billed to the credit card or debit card used during the subscription process for the Subscriber Service;
7.4.9 if you want to provide a different credit card or there is a change in credit card validity, you must immediately contact us via email on subscriptions@thejc.com or log in to your Worldpay account; and
7.4.10 if you purchase any electronic content from the website, you will not be entitled to cancel that purchase pursuant to the Consumer Protection (Distance Selling) Regulations 2000 as the content cannot be returned once sent.
7.5 Registration for a subscription is for a single user only, however the JC may, on payment of the applicable fees, grant multi-user licences (on the same terms as this licence) to a single company or institution.
8. CANCELLATION OF SUBSCRIPTION
8.1 You may cancel your subscription of the Jewish Chronicle at any time by sending an email to subscriptions@thejc.com indicating your intention to cancel our services and by placing the words “Cancel Subscription” in the email subject box. Upon receipt of your Cancel Subscription email by us your access will be deactivated as soon as reasonably practical.
8.2 You are responsible for all charges incurred up to the time the subscription is deactivated by us as referred to above. In the case of 52 week subscriptions, we will refund subscription fees on a pro-rata basis provided that more than 36 weeks of the subscription remain. After 16 weeks of a 52 week subscription have elapsed, no refunds will be paid. In the case of all other subscriptions, no refunds will be paid.
9. MATERIAL SUBMITTED TO THE WEB SITE BY YOU OR OTHER USERS
9.1 The website includes areas that allow you to provide feedback to us, interact with the website (i.e. post comments and upload material) and interact with other users. We want everyone to enjoy using our website so please respect other users when using these features and functionalities. You are solely responsible for the content of any information/materials posted, uploaded, published, linked to or sent by you on or via the website (“User Material”). You must only post User Material under your real name and must not select a false name or masquerade as a different person when posting User Material.
9.2 By posting/uploading User Material you warrant and agree that you are [18] years of age or older or that you are [16 or 17] and have received consent to post User Material from your parent or guardian. We advise parents who permit their children to use our services that it is important that they communicate with their children about their safety online. Minors who are using any service offered via the website should be made aware of the potential risks to them of using such service.
9.3 Any User Material you upload or post to our website will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such material as set out in paragraph 9.5.
9.4 We have set certain content standards for User Material. You must comply with the spirit of the standards set out in this paragraph 9.4 as well as the letter.
You must ensure that any User Material you submit:
9.4.1 is accurate (where it states facts);
9.4.2 is genuinely held (where it states opinions); and
9.4.3 complies with applicable law in the UK [and in any country from which the User Material is posted].
You must not:
9.4.4 copy, post, transmit, or share User Material on the website that you did not create or that you do not have permission to post/upload/transmit/stream;
9.4.5 post, link to or otherwise publish any User Material that infringes copyright or other rights of third parties;
9.4.6 post, link to or otherwise publish any User Material that gives the impression that it emanates from us, if this is not the case;
9.4.7 post, link to or otherwise publish any User Material that is unlawful, threatening, abusive, defamatory, inflammatory, harassing, indecent, vulgar, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or which contains, in our opinion, any other form of illegal, objectionable or harmful content or which restricts or inhibits another’s use or enjoyment of the website;
9.4.8 promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or any illegal activity;
9.4.9 [include any telephone numbers, email addresses, last names or other personally identifiable information in any User Material;]
9.4.10 make available via the website, upload or distribute any material or files that contain software viruses, files or codes designed to interrupt, destroy or limit the functionality of the website or any computer software or equipment;
9.4.11 [set up links to any site controlled by you or advertise or offer to sell goods or services without our express permission;]
9.4.12 download any files or materials posted by another user that you know, or reasonably should know cannot be copied or otherwise used legally; or
9.4.13 use the website in any manner not permitted by these terms and conditions.
9.5 By uploading, posting, e-mailing or otherwise transmitting any User Material to us and/or the website, you hereby grant us a perpetual and irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable right to use, reproduce, modify, adapt, prepare derivative works from, perform, display, publish, distribute, transmit, broadcast or otherwise exploit such User Material in any current or future form or manner on the website or in the Jewish Chronicle newspaper (both online and offline editions). You represent and warrant that you have the necessary rights, licences, consents and permissions to grant such licence to us. We will own all right, title and interest in all derivative works and compilations of User Material from users that are created by us, including all worldwide intellectual property rights. You agree to waive any relevant moral rights and provide any assistance or execute any documentation required and requested by us to give us the full benefit of the rights granted under this licence from you.
9.6 WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEB SITE. The website contains User Material submitted by users over whom we have no control. We do not pre-approve or monitor User Material but reserve the right (but not the obligation) to do so. We cannot guarantee the accuracy, integrity or quality of any User Material. Some users may breach these terms and conditions and post User Material that is misleading, untrue or offensive. You must bear all risk associated with your use of the User Material. We will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of our website.
10. REPORTING MISUSE OF THE WEB SITE OR CONTENT WHICH IS IN BREACH OF THESE TERMS
If you become aware of misuse of the website or any User Material that you consider to be in breach of these terms and conditions, please contact us at help@thejc.com It would be helpful for you to include as much detail as possible as to the misuse of the website or why you consider the User Material is in breach of these terms and conditions.
11. BREACH OF THESE TERMS AND CONDITIONS
11.1 We will determine, in our discretion, whether there has been a breach of these terms and conditions. When a breach has occurred, we may take such action as we deem appropriate. Failure to comply with the terms and conditions may result in our taking all or any of the following actions:
11.1.1 issue of a warning to you;
11.1.2 immediate, temporary or permanent withdrawal of your right to use our website (or any part of it);
11.1.3 immediate, temporary or permanent removal or modification of User Material uploaded by you to our website;
11.1.4 deletion of any and/or all of your registered account(s);
11.1.5 blocking specific email addresses and/or IP addresses from registering for and/or accessing the website;
11.1.6 legal action being taken against you;
11.1.7 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
11.2 We have the right to disclose your identity to any third party who is claiming that any User Material posted or uploaded by you to our website constitutes a violation of their rights (including intellectual property rights or right to privacy) and/or to any relevant law enforcement authority or agencies.
12. SECURITY POLICY
To protect the integrity of your credit or debit card details, we encrypt any transactions using industry standard, SSL technology. When the encryption system is activated, you will see a padlock system at the bottom of your screen.
13. VIRUSES AND HACKING
13.1 You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
13.2 By breaching paragraph 13.1, you may commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
13.3 We will not be liable for any loss or damage caused by a denial-of-service attack, distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any web site linked to it.
14. YOUR RESPONSIBILITY AND INDEMNITY
14.1 YOU AGREE ON DEMAND TO INDEMNIFY AND HOLD US AND ANY OF OUR OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, LIABILITIES, LOSSES OR EXPENSES WHICH WE REASONABLY AND PROPERLY SUFFER OR INCUR AS A RESULT OF ANY CLAIM, ACTION OR PROCEEDINGS BROUGHT OR THREATENED AGAINST US RELATING TO YOUR USE OF OR CONDUCT ON THE WEB SITE AND/OR YOUR BREACH OF THESE TERMS AND CONDITIONS.
14.2 It is your responsibility to ensure that your use of the website is not contrary to the applicable laws of your country of residence.
15. DISCLAIMER
YOUR ATTENTION IS DRAWN TO THIS SECTION. PLEASE READ THIS CAREFULLY. PLEASE ENSURE THAT YOU UNDERSTAND AND AGREE TO THIS SECTION BEFORE USING THE WEB SITE.
15.1 Commentary and other material posted on our website is not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such materials by any user of our website or by anyone who may be informed of any of its content.
15.2 Although we endeavour to ensure the technical and factual accuracy of all content of the website, this cannot be guaranteed and some errors may occur. To the extent permitted by law, our liabilities are excluded and/or limited as set out below:
15.2.1 we disclaim all conditions, warranties and other terms, express or implied by statute, custom or usage, relating to the information contained in or the goods/services offered on or via the website. Further, no representations or warranties are given as to the accuracy, fitness for purpose, quality or condition of the website or any items or information listed on the website;
15.2.2 we provide no warranty that the website is free from infection by viruses or anything else that has contaminating or destructive properties;
15.2.3 we will not be liable for any delays or inability to use the website caused by circumstances beyond our reasonable control, including without limitation acts of God, acts of terrorism, the act of government or authority, fire, explosion, or accidental damage, failure of plant, machinery or computers (including virus contamination or damage by hackers or unauthorised users), power failure, failure of telecommunications or criminal damage; and
15.2.4 we exclude liability for any of the following losses or damage arising from or in relation to the use of the website and/or any information available on the website and/or in relation to any delay, interruption or inability to use the website whether based on contract, tort (including negligence), statutory duty, strict liability or otherwise (even if foreseeable):-
(a) loss of income or revenue;
(b) loss of business;
(c) loss of opportunity;
(d) loss of profit or contracts;
(e) loss of anticipated benefits or savings;
(f) loss of any tangible or intangible asset (including data);
(g) loss of goodwill;
(h) liability to third parties;
(i) indirect, economic or consequential loss
15.3 Subject to clauses 15.1 and 15.2 above, our aggregate liability in contract, tort or otherwise (including negligence) for losses arising out of or in relation to your use of the website and/or any information available on the website and/or in relation to any delay, interruption or inability to use the website, shall not, exceed the amount of subscription fees paid by you in the 12 month period immediately preceding the date on which the incident occurred or [£50] whichever is the higher.
15.4 Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
16. LINKS
16.1 To assist you in locating further information we have included several links to other web sites (“Third Party Sites”). However, this does not imply that we approve or endorse the contents of, or the material available from, Third Party Sites. We have no control over the content of Third Party Sites and accept no responsibility for them or for any loss or damage that may arise from use of such sites. Our privacy policy does not apply to Third Party Sites. We advise that you read the terms and conditions of use and the privacy policy of such Third Party Sites.
16.2 You may link to our website provided that you do so in a way that is fair and legal and does not damage the reputation of thejc.com or take advantage of it, but 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. We reserve the right to withdraw linking permission without notice.
16.3 If you wish to make any use of the material on the website other than as set out in these terms, please address your request to editorial@thejc.com and indicate in the subject field “web request”.
17. COMPETITIONS AND READER OFFERS
17.1 We may from time to time offer competitions, promotions and/or reader offers on our website. Each of these competitions, promotions and/or reader offers will be governed by specific rules that relate to that competition, promotion and/or reader offer. We will make sure any rules are available on the relevant part of the website where you can enter the competition or promotion or which feature the reader offer. Please read the rules to make sure you are happy to agree to them before entering the competition or promotion or applying for the reader offer.
18. GENERAL
18.1 The advertising and sponsorship on the website is the responsibility of the advertiser or sponsor. We exclude liability to the fullest extent permitted by law for any error or inaccuracy appearing in any advertising or sponsorship material.
18.2 If any part of these terms and conditions are found to be unenforceable, void, illegal or invalid they shall be severed from the terms and all the other provisions shall remain in full force and effect.
18.3 You may not assign, sub-licence or otherwise transfer any of your rights under these terms and conditions without our agreement in writing.
18.4 Use of the website, our business and the services we offer are governed by and shall be construed in accordance with English law and you agree that any dispute or matter which arises between you and us in relation to the website and/or services offered via the website will be subject to the [non] exclusive jurisdiction of the Courts of England.
19. CUSTOMER SERVICES
If you have any queries in relation to the website or your subscription to the Jewish Chronicle Newspaper please contact one of our customer service representatives on 0800 328 0536 or by email at subscriptions@thejc.com.
Thank you for visiting our website!