FIRST GROUP ENTERPRISES LIMITED: DIGITAL EDITION
Terms and Conditions for our digital edition subscriptions
1.1. These terms and conditions (“Terms”) will apply to any agreement between you and First Group Enterprises Limited (Company number 5705759) whose registered office is at 58 Southwark Bridge Road, London, SE1 0AS (“First News”, “we” or “us”). These Terms govern your use of our service. As used in these Terms, “Service” means the digital edition provided by First News including all features and functionalities, the website, and user interfaces, as well as all content and software associated with our service.
1.2. Completion of your application form for a subscription constitutes an offer by you to subscribe to the Service, and/or App subject to these Terms, which will become a legally binding agreement when we confirm our acceptance. The terms of Terms supersede all previous communications, contracts, proposals or terms between us.
2.1. Your First News subscription to the Service (“Subscription”) will continue until terminated. To use the Service you must have Internet access and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your membership before your billing date, you authorise us to charge the Subscription fee for the next billing cycle to your Payment Method (see “Cancellation” below).
2.2. We may offer a number of subscription plans, including subscriptions offered by third parties in conjunction with the provision of their own products and services. Some subscriptions may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. We use Recurly, Inc, a safe and secure payments platform (a company incorporated in California, whose registered address is at 400 Alabama Street, Suite 202 San Francisco, CA 94110) (“Recurly”) to take and process payments for your Subscription and to provide you with account management services. You can find specific details regarding your First News Subscription by visiting Recurly and clicking on the “Account” link available at the top of the pages under your profile name.
3. Data Protection
4. Promotional Offers
4.1. We may from time to time offer special promotional offers, plans or subscriptions (“Offers”). Offer eligibility is determined by First News at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members of households with an existing or recent First News membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent First News membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
5. Billing and Cancellation
5.1. Billing Cycle. The Subscription fee for the Service will be charged to your Payment Method on the specific payment date indicated on the “Account” page. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the Service. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your paid membership began on a day not contained in a given month. Visit Recurly and click on the “Billing details” link on the “Account” page to see your next payment date. If you signed up for the Service using your account with a third party as a Payment Method, you can find the billing information about your Subscription by visiting your account with the applicable third party.
5.2. Payment Methods. To use the Service you must provide one or more Payment Methods. You authorise us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your Subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
5.3. Updating your Payment Methods. You can update your Payment Methods by going to the “Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorise us to continue to charge the applicable Payment Method(s).
5.4. Cancellation. You can cancel your Subscription at any time, and you will continue to have access to the Service through the end of your billing period. Payments are non-refundable and we do not provide refunds or credits for any partial Subscription periods. To cancel, go to the “Account” page and follow the instructions for cancellation. If you cancel your Subscription, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing details” on the “Account” page. If you signed up for the Service using your account with a third party as a Payment Method and wish to cancel your Subscription, you may need to do so through such third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Service through that third party.
5.5. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our Service from time to time; however, any price changes or changes to your Subscription plans will apply no earlier than 30 days following notice to you.
6.1. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these Terms) content and information contained on or obtained from or through your Subscription. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service; use any robot, spider, scraper or other automated means to access the Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the content of the Service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms or are engaged in illegal or fraudulent use of the Service.
6.2. The content provided to you as part of your Subscription (“Content”) is owned by us. Content is protected by the relevant intellectual property laws that may be in force from time to time.
6.3. We hereby grant you a limited, revocable, license (without the right to sub-licence) to access and display the Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the website and/or using the Subscription. The Subscription may also contain Content of users and other persons licensed to us. Except as provided in this Agreement or as explicitly allowed by the subscription, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the subscription.
7. Our responsibility to you
7.1. We will not be responsible for any failure to perform our obligations to you in connection with these Terms or in relation to your Subscription where this failure is caused wholly or mainly by circumstances beyond our control.
7.2. Our liability to you in connection with any breach of these Terms or otherwise (whether under contract, in negligence or other tort or under any other breach of duty) will not exceed the total Subscription fee charged in the twelve months preceding such breach. In no event shall we be liable for any loss of profits, loss of business opportunity, loss of data or loss of reputation or for any indirect, consequential or special loss, damage, liability, cost or expense.
7.3. Nothing in these Terms affects any of your statutory rights if you are a consumer, or any liability that may not be lawfully excluded or limited.
8. Passwords and Account Access
8.1. The member who created the First News account and whose Payment Method is charged (the “Account Owner”) is responsible for any activity that occurs through the Subscription account. To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the devices that are used to access the Service and not reveal the password or details of the Payment Method associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, First news or our partners from identity theft or other fraudulent activity.
9.1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of England and Wales.
9.2. Changes to Terms. First News may, from time to time, change these Terms. We will notify you at least 30 days before such changes apply to you.
9.3. Electronic Communications. We will send you information relating to your account (e.g. payment authorisations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
9.4. All notices must be in writing in the English language and sent by post or email.
9.5. No party who is not a party to these terms may enforce any term of these Terms.
Last Updated: 5th March, 2021