1.1 The terms and conditions (the "Terms") set out below will govern your use of any website owned by the Max Group of Companies - website (the "Sites"). Our head office details are: Max Group of Companies, United House, North Road, London, N7 9DP. You may call us on +44 (0)207 700 6740. Max Group of Companies specifically reserves all rights to limit provision of our products and services to select persons, countries or geographic regions.
1.2 Please read these Terms carefully. By continuing to access and use the Sites you are deemed to have understood and agreed to them. If you do not agree to them you must refrain from using the Sites and any services available through them.
Disclaimer
2.1 The Sites contains information, text, data, graphics, photographs, illustrations, artwork, names, logos, trade marks and information about Max Group of Companies and its partners and on the products and services it and they provide (the "Information").
2.2 The Sites, Information and Content (as described below) is provided "as is" and on an "as available" basis only and Max Group of Companies does not give any representation, warranty, condition or other term as to its accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Sites or any of the content or information. Max Group of Companies has tried to ensure that all the Information provided on the Sites is correct at the time of publication. However no responsibility is accepted by or on behalf of Max Group of Companies for any errors, omissions, or inaccurate Information or Content on the Sites. Further, Max Group of Companies does not warrant that the Sites will be uninterrupted or error free or that any defects will be corrected.
2.3 Max Group of Companies accepts no liability for the results of any action taken on the basis of the Information or Content and all implied warranties, conditions and other terms including but not limited to the implied warranties, conditions or terms of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Terms to the extent that they may be excluded as a matter of law. We do not attempt to exclude any rights you may otherwise have as a consumer that We cannot exclude as a matter of law.
2.4 When you purchase a Product or Subscription (as described below), Max Group of Companies liability in contract, tort (including negligence) or otherwise arising out of or in connection with the performance or observance of its obligations to supply any Product or Subscription under these Terms shall be limited to the amount of the price paid by you to Us in respect of the Product or Subscription in question.
2.5 Without prejudice to clause 2.4, save in respect of death or personal injury resulting from our negligence or fraud, neither Max Group of Companies nor any of its directors, employees or other representatives will be liable for any loss you suffer including, without limitation, indirect or consequential loss, or any damages arising from loss of use, data or profits, whether in contract, tort or otherwise, arising out of or in connection with the use of the Sites.
2.6 You accept that after you leave the Sites (whether knowingly or not) Max Group of Companies can no longer be responsible in any way for any material that you encounter and We exclude to the fullest extent permitted by law all liability that may arise with respect to or as a result of such material causing any damage, costs, injury or financial loss of any kind.
2.7 You indemnify and hold Max Group of Companies and any of its officers, employees or agents harmless from and against all and any expenses, losses, liabilities, damages, costs or expenses incurred or suffered and any claims or legal proceedings which are brought or threatened, in each case arising from your use of, or conduct on, the Sites, any provision or use of your Content and/or any breach of these Terms.
Registration
3.1 To order Products or Subscriptions, contribute Content or use any services we provide through the Sites, you must register your details with Us (including your name and e-mail address) to become a registered user ("User"), and you agree to Our processing your personal details in accordance with Our Privacy & Cookies Policy available via the Home page. If you do not agree to Our Privacy & Cookies Policy you should not become a User of this service.
3.2 You are solely responsible for all use of and for protecting the confidentiality of your email verification and password. You must not share this information with any third parties. You must notify Us immediately of any unauthorised use of them or any other breach of security regarding Our Sites that comes to your attention. Additionally, you indemnify Us against any unauthorised use of your User details, including use by a third party where you have allowed or facilitated access.
3.3 You undertake to register as a User using accurate, complete and current information and to maintain and update any changes to that information.
3.4 You acknowledge that permission to become a User is granted at the sole discretion of Max Group of Companies and such permission may be withdrawn at any time without notice.
Linking
4.1 Websites or web pages to which this Sites are linked are for information purposes and have not been reviewed by Max Group of Companies To the extent that such websites or web pages do not contain information about Max Group of Companies our Products and services, we accept no responsibility for the content of such Sites or web pages, nor do we accept responsibility for any losses or penalties incurred as a result of your use of any links or reliance on the content of any website to which these Sites is linked.
4.2 When you access a website, through a link from the Sites, you accept that it is independent from the Sites and that Max Group of Companies has no control over the content of the linked third party website. Accordingly a link to a website does not mean that Max Group of Companies endorses or accepts any duty or responsibility for the content, accuracy or the use of the contents of such website. The content on third party websites may change without notice to Max Group of Companies You should take precautions to insure protection of your privacy as well as to insure against Destructive Features (as described below).
4.3 You may not frame, link or deep-link this Sites except for the home page to any other website without our prior written consent.
Computer Viruses, Worms and Trojan Horses
5.1 Whilst we use reasonable endeavours to protect the sites (including Information and downloads) from computer viruses, worms, Trojan Horses and other such destructive features (the "Destructive Features"), we do not warrant that the Sites are free from such Destructive Features and accept no liability for any damage that may result from the transmission of any Destructive Feature via the sites or via any files which are available for you to download from the Sites. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
5.2 You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Sites or any service made available through it and that it is compatible with the Sites. We give no warranty, condition or other term that the Information is compatible with all computer systems and browsers.
Intellectual Property Rights and Reproduction
6.1 Except as is otherwise indicated on the Sites, Max Group of Companies and/or its licensors own the copyright in all the Information featured on the Sites and all related intellectual property rights, including but not limited to all database rights, unregistered and registered trade marks, service marks and logos. You should not infer any affiliation, sponsorship or endorsement from the use of third party marks on the Sites, as such marks are used solely to designate certain products or services as belonging to their owners. Nothing in the Sites is intended to grant, by implication or otherwise, any licence or right under any patent, trade mark or other intellectual property owned by Max Group of Companies or any licensor or third party.
6.2 You are permitted to download, print, store temporarily, retrieve and display Information from the Sites on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to the network) for your personal use or for internal use within your organisation.
6.3 You are not permitted (except where we have given you express permission to do so or you are otherwise permitted to do so by law) to adapt, modify, copy, reproduce, distribute, republish, disassemble, decompile, reverse engineer, create derivative works from, download, post, broadcast, transmit or re-transmit in any other way any of the Information on the Sites.
Participating in online communities
7.1 If applicable, Users of the Sites may post CVs, job searches, comments and other content, questions, or other information ("Content") onto the Sites, as long as the Content is not illegal, obscene, pornographic, abusive, threatening, defamatory, false, unreliable, misleading, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to Us or to third parties, or objectionable, does not consist of or contain any Destructive Features, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" and does not bring the Sites or Max Group of Companies into disrepute. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Content. We reserve the right (but not the obligation) to remove or edit any Content.
7.2 If you do post Content on the Sites, you grant the following rights to the following persons unless and until you remove your Content from the Sites or notify Us of the revocation of this licence:
(a) to Max Group of Companies:
(i) a limited, non-exclusive, royalty-free and fully sub-licensable right to use, reproduce, modify, adapt, publish, create derivative works from, distribute, and display such Content throughout the world in connection with the Sites; and
(ii) the right to use the name that you submit in connection with such Content unless you notify Us otherwise;
(b) to each user of the Sites, a non-exclusive licence to access your Content through the Sites, and to use, reproduce, distribute and display such Content as permitted under these Terms.
7.3 After posting your Content to the Sites, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. The licence does not grant Us the right to sell your Content, nor does the licence grant Us the right to distribute your Content outside of the Sites (other than to users of the Sites).
7.4 You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that, as at the date that the Content is submitted to Max Group of Companies (i) the Content is accurate; (ii) use of the Content you supply does not breach any applicable Max Group of Companies policies or guidelines and will not cause injury to any person or entity (including that the Content is not defamatory). You agree to indemnify Max Group of Companies for all claims brought by a third party against Max Group of Companies arising out of or in connection with a breach of any of these warranties.
7.5 You are solely responsible for the Content that you post on or through the Sites. Max Group of Companies does not endorse and has no control over the Content. Content is not necessarily reviewed by Us prior to posting and does not necessarily reflect the opinions or policies of Max Group of Companies.
Your Further Use of The Sites
You further agree not to use any Information on the Sites except to the extent necessary to enable you to use the Sites and the services provided through it. You shall not use the Sites for any immoral or illegal purpose. In particular you agree that you will not:
upload any files that contain any Destructive Features; or
in any way damage, disable or impair the operation of the Sites, or attempt to gain unauthorised access to the Sites or to network connected to it, by hacking, spoofing or other such similar means.
Orders and subscriptions
9.1 If applicable, when you complete an order form on this Sites to order any product ("Product") or event tickets ("Tickets") or to subscribe to the Sites or a magazine or other regular publication ("Subscription") and submit the order to Us using the 'Submit' button We will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to Us to purchase the Product or the Tickets or to enter into the Subscription as the case may be which is accepted only when We send an e-mail confirming that the Product or Tickets have been dispatched to you or specifying the web site where the Product or Tickets are located ("Download Area") or that the Subscription has been accepted ("Order Acceptance"). There will be no contract for the supply of a Product or Tickets or Subscription unless and until Max Group of Companies has issued an Order Acceptance for such Product or Tickets or Subscription.
9.2 You must ensure that you have completed any order form correctly. Max Group of Companies does not accept any responsibility for the consequences of any errors in completion.
9.3 Each purchase of a Product or Tickets or Subscription will be a separate transaction even if there is more than one Product or Tickets or Subscription ordered at the same time.
9.4 Your credit or debit card ("Account") will be debited with the cost of your purchase when We send you the Order Acceptance unless We notify you otherwise.
9.5 If, for any reason, your order is not accepted, you will receive e-mail notification telling you of this and your order will be cancelled. In circumstances where your order is cancelled We will not debit any money from your Account. If you have already paid for your purchase, we will refund you the full amount as soon as possible.
9.6 At any time when a Product or Tickets referred to in the Order Acceptance is in the Download Area you may access such Product or Tickets in the Download Area.
9.7 You will be responsible for the provision of the necessary software and equipment to enable you to access any Product or Tickets in the Download Area.
9.8 A Product or Tickets are only available to you in the Download Area for thirty (30) days after the issue of Our Order Acceptance. It is your responsibility to access the Product or Tickets in the Download Area within the time limit and if you fail to do so for any reason you will not be entitled to any refund of the payment you have made for the Product or Tickets.
9.9 Max Group of Companies warrants that any Product and any Subscription shall a) conform to the description advertised on the Sites; b) not infringe the intellectual property rights of any third party; and c) comply with all relevant legislation.
9.10 No representation or warranty, condition or term is given that any Product or Subscription purchased from Us is accurate, complete or current nor that it is of satisfactory quality or fit for purpose.
9.11 We shall not be responsible for your use of the Product or any Subscription. You shall be responsible for complying with any applicable data protection, copyright and other legislation and regulations.
9.12 Any Product or Tickets or Subscription supplied by Max Group of Companies is for your use only and may be used only for the personal or, as the case may be, internal operational purposes of the purchasing business. It may not be used for any other commercial purpose whatsoever, nor may it be modified, copied, distributed, transmitted, displayed, performed, reproduced, published, licensed or transferred. No derivative works may be created from it nor may any information obtained from it be sold.
9.13 You may cancel the purchase of a Product within seven working days of the day after the date the item is delivered to you. However, you accept that this right to cancel does not apply to digital items (e.g.: Reports) where the Product is sent to a Download Area or where you purchase a Subscription to access the Sites or other subscription only content that We provide since We will begin providing these services to you immediately. To cancel your purchase of a Product under this clause you should notify Us in writing within the seven working day period. You should then package the Product securely and send it to Us with a note confirming the contract cancellation. You are responsible for the costs of returning the Product to Us unless We delivered the item to you in error or the item is faulty. The return address is Order Cancellations, Max Group of Companies Directories at the address in Clause 1.1. Where you are cancelling the purchase of a Product We will refund the relevant part of the purchase price for that Product.
9.14 You may cancel the purchase of Tickets up to twenty (30) working days before the event. Cancellations must be confirmed in writing to the Max Group of Companies office issuing the ticket at the address in clause 1.1 and will be subject to a twenty per cent cancellation charge. Cancellations after that date will be subject to full payment. Non-attendance or non-payment does not constitute cancellation. Max Group of Companies reserves the right to alter the content and timing or location of the event for reasons beyond its control.
9.15 Refunds of Subscriptions to a publication or, if applicable, to the Sites are only available if a claim for a refund is made within four weeks of subscribing or renewing a Subscription. In any other circumstances refunds for a Subscription will be entirely at the discretion of Max Group of Companies Claims for refunds must be made in writing to the Subscription Department at Max Group of Companies, United House, North Road, London, N7 9DP.
9.16 Prices displayed on the subscriptions section of the Sites will prevail at all times in relation to orders placed on-line. Prices quoted on screen include delivery charges and taxes (where applicable) unless otherwise stated.
Data Protection and the Max Group of Companies Privacy & Cookies Policy
We may require basic information which identifies you as an individual, such as your name and email address, in order to enable you to take advantage of our services. We will only use such personal information for the purposes of providing information or services which you have requested or for other related purposes as set out in our Privacy & Cookies Policy. The Privacy & Cookies Policy forms part of these Terms.
Complaints or Queries
In the event that you have any complaints or queries concerning our services, Subscriptions, Products or Tickets or about the Sites generally, please contact us by email at hello@max-publishing.co.uk, or write to: The Directors, Max Group of Companies, United House, North Road, London, N7 9DP.
Changes to the Terms
Max Group of Companies reserves the right, at its discretion, to make changes to any part of the Sites, the Information or these Terms. Should these Terms be amended, we will publish details of the amendments on the Sites. It is your responsibility to refer to and comply with these Terms on accessing the Sites. Failure to comply may lead to action being taken against you. By continuing to use the Sites after we have published the notification you agree to be bound by these Terms as amended.
Severability and waiver
14.1 If these Terms or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any state or country in which these Terms are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these Terms and the remaining terms shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.
14.2 If you breach these Terms and We take no action against you, We will still be entitled to enforce Our rights against you in relation to that breach and to use Our rights and remedies in any other situation where you breach these Terms.
Events beyond our control
Max Group of Companies will not be responsible for any breach of these Terms (including in relation to supplying any Product or Subscription) caused by circumstances beyond its reasonable control, including without limitation acts of god, war, terrorism or technical difficulties.
File Download
Certain files of Information may be available for download from the Sites. These files of Information are subject to these Terms.
Third Party Rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to these Terms has no statutory or other right to enforce them, to the extent that any such right can be lawfully excluded.
Entire Agreement
Except for in the case of fraud, these Terms constitute the entire agreement between you and Max Group of Companies in relation to the subject matter.
Governing law
These Terms are subject to English law and to the exclusive jurisdiction of the English courts.
