Subscription Terms & Conditions

I. INTRODUCTION

ExaroNews^TM Ltd ("Exaro") provides online investigative journalism into matters of public, economic and commercial importance, and which Exaro believes are being inadequately investigated or covered by the mainstream media.
Exaro offers various types of Subscription (as defined below) to its website, exaronews.com, and the content on it. Further details of the different types of Subscription that can be purchased can be found here; unless you purchase one of these Subscriptions you will have limited or no access to the articles on exaronews.com.
By purchasing a Subscription you agree to these Terms (as defined below); therefore, please read these Terms carefully as they set out the contractual terms governing the legal relationship between you and Exaro relating to your Subscription and your use of exaronews.com.

II. DEFINITIONS AND INTERPRETATION

The definitions and rules of interpretation in this clause apply in these Terms:

Exaro, ExaroNews	means ExaroNews Limited a company registered in England and Wales with company number 07524889 and whose registered office is at The St Botolph Building 138, Houndsditch, London EC3A 7AR.
exaronews.com	means www.exaronews.com and all its subdomains, as well as exaronews.co.uk, earonews.eu, exaronews.info, exaronews.org, exaronews.net, exaronews.tv, exaronews.mobi and all its subdomains, and/or such other website(s) on which the Subscription Content may be accessed from time to time.
Pay-as-you-go Wallet	means the facility to buy access to individual items of content according to their published price from a prepaid 'wallet' balance, topped up in such increments as may be made available for purchase from time to time.
Premium Subscription	means an annual subscription that gives full access to Exaro content and premium features as defined by Exaro.
Standard Subscription	means an annual subscription that gives limited access to Exaro content and non-premium features as defined by Exaro.
Subscription	means one of the following subscription services which may be purchased (subject to these Terms) on exaronews.com: the Pay-as-you-go Wallet; the Standard Subscription; and the Premium Subscription.
Subscription Content	means the articles, material and content on exaronews.com which can only be accessed by users who have purchased a Subscription.
Subscription Fee	means the fees payable by you (whether monthly, annually or otherwise) for the Subscription you have purchased.
Terms	means these terms and conditions (together with any documents referred to on this page) as amended from time to time in accordance with clause IX.

Clause, schedule and paragraph headings shall not affect the interpretation of these Terms.
Words in the singular shall include the plural and vice versa.
A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
A reference to writing or written includes faxes and e-mails.
Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

III. BASIS OF CONTRACT

You can purchase a Subscription by registering with the Website and then following the appropriate purchase link from our Website and completing the checkout process. Our secure checkout is currently handled by PayPal. Any such purchase by you shall be deemed an offer by you to purchase the Subscription (which you selected in your application), subject to these Terms. Please note that, although Exaro will endeavour to process your purchase promptly, Exaro provides no guarantee that your purchase will be processed within a specific timeframe AND Exaro reserves the right to reject an application to purchase in its sole discretion for any or no reason. Under normal circumstances, your Subscription will begin immediately your purchase is complete.
These Terms set out the entire agreement between Exaro and you, and you acknowledge and agree that you have not relied on any statement, promise or representation made or given by or on behalf of Exaro.
Any samples, descriptive matter or advertising issued or published by Exaro (whether on exaronews.com or otherwise) are issued or published for the sole purpose of giving an approximate idea of the Subscription and the content available on exaronews.com. They shall not form part of these Terms or have any contractual effect.

IV. SUBSCRIBER OBLIGATIONS

You represent and warrant that:

all information and personal details that you provide in your application and on the sign-up-pages (including your identity, e-mail address, postal address and payment details) are true, accurate and current and you agree to maintain the accuracy of such information and to promptly inform Exaro of any change in such information either on your own account and profile page, or in an e-mail should this be required by Exaro of you;
you are, as at the date of your registration, at least 18 years of age;
you shall not permit any access to, or use of, exaronews.com and/or any of the Subscription Content not specifically authorised by Exaro and you agree to notify Exaro promptly of any unauthorised access or use that you become aware of. You shall keep all passwords and user names secure and confidential and Exaro does not permit you to share your user name and/or password with any third party. In the event that you become aware that your user name or password has become compromised or disclosed to any third party, you shall inform Exaro immediately and change your password at the first possible opportunity;
you shall comply with all applicable laws and regulations with respect to your activities on exaronews.com and under these Terms;
the payment details provided by you in your application are correct and that you are entitled to purchase the Subscription using those payment details;
to access the Subscription Content, you will require a computer with an up to date browser, with other technical requirements (for example, Adobe Flash Player, Acrobat Reader, media player software, cookies enabled in your browser) required to access specific types of content. You may also be able to access the Subscription Content on other platforms such as smartphones but we do not guarantee that all such devices will be compatible. If the device(s) from which you access the Subscription Content does not meet these minimum technical requirements then you may not be able to access the Subscription Content or such access may be limited or restricted;
you shall be responsible and liable for any content, materials and data submitted, posted or otherwise uploaded onto exaronews.com (including without limitation, if applicable, in any chat room, discussion group, forum, commenting facility, bulletin board or blog) through your user name / account;
if you make use of the commenting facility on the site, you will agree to and abide by the commenting and moderation policy;
you shall not access all or any part of exaronews.com in order to build a product or provide services which compete with exaronews.com.

V. SUBSCRIPTION FEES

Exaro may from time to time offer various types and levels of Subscriptions. The Subscription Fee (whether it is payable on a monthly or annual basis or otherwise) will be made clear to you during the purchase process and will (if your application is accepted by Exaro) be confirmed by Exaro in an e-mail to you.
a change in your Subscription Fee may take effect from the date on which the next payment is due from you. If you do not agree to the change you may cancel your Subscription in accordance with your cancellation rights set out in clause VI.
The Subscription Fees published on exaronews.com are inclusive of VAT but are exclusive of any other relevant local sales or applicable taxes, for which you shall be responsible.
If you fail to make any payment in accordance with these Terms Exaro may, without prejudice to any other rights it may have, discontinue or suspend your Subscription and your access to exaronews.com, with or without notice to you.
For the avoidance of doubt, you agree that you shall be responsible for paying any internet connection or other telecommunication charges that you may incur by accessing exaronews.com or using the services available on it.
While Exaro tries to ensure that all Subscription Fees stated on exaronews.com are accurate and current, errors may occur. If Exaro discovers an error in the Subscription Fee that it has stated (whether on exaronews.com or otherwise) Exaro will not be obliged to provide you with a Subscription at that price, and Exaro will notify you of the pricing error. If you are notified of a pricing error then: (i) you may continue your Subscription at the correct price; or (ii) you may cancel your Subscription and Exaro will refund any Subscription Fee (to which the pricing error relates) paid by you less a reasonable amount for any access or use already made by you of the Subscription. If you do not exercise either of these options then Exaro shall cancel your Subscription and refund the Subscription Fee paid by you.

VI. CANCELLATIONS

You may notify Exaro if you wish to cancel your Subscription by contacting the Subscriptions team at subscriptions@exaronews.net, or alternatively please call +44 (0) 20 7183 9181 or write to Subscriptions, Exaro, 1 Fetter Lane, London EC4A 1BR, United Kingdom. You may notify us at any time that you wish to cancel your Subscription by giving 30 days' notice. You will be liable for paying for your subscription for that 30 day period; and in the case of an annual subscription, Exaro will refund the remainder of any subscription beyond that 30-day notice period on a pro-rata basis.
If you have available credit in your Pay-as-you-go Wallet and wish to cancel your Subscription and make no further use of the wallet, you may do so by contacting the Subscriptions team at the contact details given above. We will then refund the amount remaining in your wallet at the time of processing your cancellation, less an administration charge currently set at £2.50. It may take up to 30 days to process your Pay-as-you-go Wallet cancellation and refund.
Exaro reserves the right to suspend or terminate your Subscription if you breach any of these Terms with or without notice and without further obligation to you. You will not be entitled to any refund in these circumstances.
If, however, Exaro terminates or suspends your Subscription for any other reason and/or permanently ceases publishing exaronews.com or ceases to provide the Subscription services then, unless there are exceptional circumstances, Exaro will provide you with a pro rata refund to you, which means that Exaro will refund you with any amounts that you have paid in advance that relate to any remaining and unexpired period of your Subscription.

VII. LIABILITY

This clause sets out the entire financial liability of Exaro (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of:
- any breach of these Terms;
- your Subscription and any use made by you of exaronews.com and its content; and
- any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms.
Except as expressly and specifically provided in these Terms all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms.
Nothing in these Terms excludes the liability of Exaro:
- for death or personal injury caused by Exaro’s negligence; or
- for fraud or fraudulent misrepresentation.
Subject always to clause VII 2 and clause VII 3 above:
- Exaro shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these Terms; and
- Exaro's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms shall be limited to the Subscription Fees paid by you to Exaro during the 3 months immediately preceding the date on which the claim arose; and
- Exaro shall not be liable for any action you take or omit to take as a result of any information or content published on exaronews.com.
You acknowledge and agree that any breach of these Terms would cause irreparable injury to Exaro and damages alone may not be an adequate remedy. In the event of a breach or threatened breach by you:
- Exaro shall be entitled to injunctive relief in any court of competent jurisdiction and you shall not oppose any such application; and
- you shall indemnify Exaro against all costs, claims, demands, losses, expenses and liabilities arising directly or indirectly out of a breach of these Terms.

VIII. WEBSITE TERMS OF USE AND PRIVACY AND COOKIES POLICY

Please note that these Terms must be read in conjunction with: (i) Exaro's Website Terms & Conditions of Use which govern your access to and use of exaronews.com generally; and (ii) Exaro's Privacy and Cookies Policy which sets out the basis on which any personal data Exaro collects from you, or that you provide to Exaro, will be processed and used by Exaro, together with the usage of cookies on our Website. By registering on exaronews.com and agreeing to these Terms you agree to the Privacy and Cookies Policy and agree to abide by the Website Terms & Conditions of Use. To the extent that there is any inconsistency between these Terms and the Website Terms & Conditions of Use and/or the Privacy and Cookies Policy, then the provisions of these Terms shall prevail.

IX. CHANGES TO THESE TERMS AND SUBSCRIPTION CONTENT

Exaro reserves the right, from time to time, and with or without notice to you to revise these Terms and/or to vary the content and reduce or increase the content or the services made available to you under your Subscription. The Terms applicable to your use and/or purchase of the Subscription will be the version that is current and displayed on exaronews.com. You are expected to check this page from time to time to take note of any changes that Exaro may make as they are binding on you.

X. NO WAIVER OF REMEDIES

The failure to exercise or delay in exercising a right or remedy provided by these Terms or by law shall not constitute a waiver of the right or remedy or a waiver of other rights or remedies nor shall any single or partial exercise preclude any further exercise of any right, power or privilege under these Terms or otherwise.

XI. ASSIGNMENT

You may not assign, transfer, charge or otherwise dispose of any of your rights or obligations under these Terms. Exaro may assign, transfer, charge or otherwise dispose of any of your rights and obligations without your consent.

XII. FORCE MAJEURE

Exaro shall not be liable to you for any lack of performance, or the unavailability or failure of exaronews.com or the Subscription Content or for any failure or delay in complying with these Terms, where such lack, unavailability or failure arises from any cause beyond Exaro's reasonable control.

XIII. SEVERABILITY

Notwithstanding that the whole or any part of any provision of these Terms may prove to be illegal or unenforceable the other provisions of these Terms and the remainder of the provision in question shall remain in full force and effect.
If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

VIV. THIRD PARTIES

These terms shall not confer any rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms.

XV. LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms, or its subject matter or formation (including non-contractual disputes or claims AND Exaro shall be entitled to enforce any such judgement in any other jurisdiction as appropriate).

Last updated: 31 July 2012
(Added link to commenting and moderation policy under IV. Subscriber Obligations.)