1. Placing an order:
You can order any Product by email, telephone, fax, mail or online. The relevant contact details for PEI are available on our Sites, in our Products and on our marketing material. Our general office details are also included at the end of these terms and conditions. Orders placed by you for any of our Products and/or Services shall only be binding when accepted by us as acknowledged by an Order Confirmation. Please note that any person who places an Order on your behalf which is accepted by us can bind you legally. In the case of a Subscription Order, we reserve the right to have your Subscription go live once we have received credit card authorisation or cleared funds from you.
2. Pricing of Products and Services:
We provide the facility to order our Products and Services in a number of different currencies [see below] and are obliged to use exchange rates that will not always correlate with the most current. We will not provide refunds on perceived exchange rate differences nor accept payments made using exchange rates other than those used by us. While we try to ensure that all prices on our website and other marketing material are accurate and consistent, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
3. Payment and charges:
All payments made by you in relation to an Order must be made inclusive of VAT or other relevant purchase tax, if any, or similar tax, and shall be made in full at one time. PEI will try to process your Order promptly but does not guarantee that all the benefits of the Product ordered will be available to you by any specified time. We will charge you in British Pounds Sterling, United States Dollars, or Euros depending on the Product and your country of residence. You may also have to pay any applicable local taxes. PEI will notify you of any price increases prior to you renewing a Subscription. Eligibility for any discounts is ascertained at the time you order and cannot be applied retrospectively to an Order. In some cases when you pay for an Order by credit card your credit card company will apply extra charges to a transaction over and above the published fee. We do not receive any portion of such extra charges and the credit card holder is responsible for such charges.
4. Non-payment of fees to PEI
PEI expects to be paid for any Product ordered at the point of sale and no later than 30 days from the date of ordering unless agreed in advance between you and us. We reserve the right to pursue all necessary means, including the issuance of legal proceedings, to recover payment from you for Products and Services you have ordered from us if full payment has not been received within the agreed period. We also reserve the right to refuse subsequent orders for Products and Services from you or colleagues from the same institution as you until all outstanding payments owed to PEI relating to orders made by you and/or others in the same institution have been cleared.
5. Ownership and intellectual property rights:
The legal and beneficial interest in all copyrights, patents, trademarks, service marks, design rights (whether registered or unregistered), database rights, proprietary information rights and all other proprietary rights as may exist anywhere in the world together with applications associated with any such rights (collectively “Intellectual Property Rights” or IPR) relating to the Material belong to us or our licensors or owner as indicated in the Material, as the case may be, at all times. You obtain no Intellectual Property Rights in the Products pursuant to or arising out of this Agreement. You shall fully indemnify PEI in respect of any infringement of any IPR arising as a result of your use of the Product and any Material that is in breach of this Agreement. You shall allow us (or our licensors) to control any proceedings arising as a result of any infringement, threatened infringement or claim relating to the IPR. You shall make no admission as to liability nor agree any settlement or compromise of any action on our behalf. You shall, at our request and cost, offer such assistance as we may reasonably request in relation to any proceedings relating to our IPR. Any recovery obtained from such proceedings shall accrue solely for our benefit. If any infringement, threatened infringement or claim occurs in relation to any IPR, or if we consider that such a claim is likely to occur, we may in our absolute discretion:
(a) procure the right for you to use the Material free of the infringement claim; or
(b) replace or modify the Material to make it non-infringing; or
(c) terminate that part of the Material relating to the infringement (or potential infringement) and return any Charges paid by you in respect to that part of the Material in full and final settlement of any claims; or
(d) if none of these options is reasonably practicable, terminate the Agreement and return any charges paid by you to us on a pro-rated basis for the affected Material in full and final settlement.
All Clients acknowledge and agree that PEI may edit and amend parts of the Material. Any such adjustment will have no meaningful impact on the meaning and validity of the Material, but will serve as a means of uniquely identifying the Material as having been supplied by us to you and the Client accepts that this is a legitimate and lawful measure for PEI to undertake in order to protect our and/or our partners’ intellectual property and copyright. All Clients also agree that in the event that any third party has access to Material that can be identified as having a Client’s unique adjustments then a prima facie breach of these terms and conditions on the part of the Client may be assumed by PEI and the necessary remedies undertaken by us as set down in these terms and conditions.
6. License agreement:
All Subscriptions to a Product are purchased subject to the terms of a Single User or Multi-user License Agreement as outlined below.
PEI makes all reasonable efforts to ensure the Material is provided to Clients in accordance with any specifications set out in the Order Confirmation and accepted by us. We do not warrant that the Material will meet your requirements or that it will be complete, error free or delivered without interruption. Except as expressly set out in this Agreement, all undertakings are excluded to the maximum extent permissible by law. You assume sole responsibility for the selection, suitability and use of the Product or Service and acknowledge that except as stated above we do not provide any additional warranties or guarantees relating to the Material. By using the Product or Service, you agree that any Material provided is only for your general information and use and is not intended to address your particular requirements. In particular, the Material does not constitute any form of advice, recommendation, representation, endorsement or arrangement by us or any of our employees and is not intended to be relied upon by Users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) a Site are at your sole discretion and responsibility. Any information that you receive via the Site whether or not it is classified as “real time”, may have ceased to be current by the time it reaches you and any share price information may be rounded up/down and therefore not entirely accurate. PEI Media is not responsible for any use of the Material by you outside its scope as stated in these terms and conditions.
8. Limitation of liability:
PEI shall not be liable to you for any direct, indirect or consequential loss, including loss of actual or anticipated profits, revenue, goodwill, anticipated savings or data, whether arising from negligence, breach of contract or otherwise. Our liability in contract, tort or otherwise arising out of or in connection with the Agreement shall in respect of any one or more incidents not exceed the total Payment received by us from you for the Product in the 12 months preceding the date the claim occurs. A Client also accepts that PEI has from time to time used sources in providing the Material whose legitimacy and accuracy we have used reasonable endeavours to confirm, and that if the Client believes that any of the information contained in the Material is inaccurate or misrepresented, you will bring this to the notice of PEI and provide information to assist us in correcting any such deficiencies, and that the Client will take no further action in law with respect to such alleged inaccurate or misrepresented information. The Client further agrees that PEI will endeavour to rectify such deficiencies in good faith, and that such action will be deemed to fulfil our obligations to the Client.
Neither party shall, except as strictly required to perform its rights and obligations, use, copy, adapt, alter, disclose, publicise or in any way part with possession of any information of the other which comes into its possession as a result of the Agreement, including the existence and terms of the Agreement. This obligation shall not apply to any information:
(a) which the receiving party can prove was in its possession at the date it was received or obtained; or
(b) which the receiving party obtains from another person with good legal title thereto; or
(c) which comes into the public domain otherwise than through the default or negligence of the receiving party; or
(d) which is independently developed by or for the receiving party.
Any notice, invoice or other Document shall be duly given by PEI if sent by email, post or facsimile to the individual contact using the details as supplied to us. You should direct all communication to your PEI contact person as well as to our customer services manager located at our London office [details given below].
11. Force Majeure:
PEI shall not be liable for any delay or failure to perform any obligation under this Agreement insofar as the performance of such obligation is prevented by an event beyond our reasonable control, including but not limited to, earthquake, fire, flood or any other natural disaster, labour dispute, riot, revolution, terrorism, acts of restraint of government or regulatory authorities, failure of computer equipment and failure or delay of sources from which data is obtained.
12. Online Access:
Where the Material is to be delivered through our Sites we will, in the absence of any breach of the Agreement by you or any modification to the term agreed in advance by both parties, provide online access to the Material for a standard period of 12 months from the date the Order is accepted by us and you have User access to the relevant Site. All of our Subscriptions have a standard minimum duration of 12 months. PEI will use all reasonable efforts to make online access continuously available throughout that period but cannot guarantee that the online access will operate continuously or without interruptions or that it will be error free and we do not accept any liability for its unavailability.
13. Viruses, hacking and other offences:
You must not misuse any of our Sites 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 any Site, the servers on which any Sites are stored or any server, computer or database connected to any Site. You must not attack any Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you might commit a criminal offence. 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 Site will cease immediately and any Subscriptions or other Orders related to you will be terminated without refund. We will not be liable for any loss or damage caused by a 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 Site or to your downloading of any material posted on it, or on any website linked to it.
14. Links from and to our Sites
Where a Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You may link to our home page, provided you do so in a way that is fair and legal and which in our reasonable opinion does not damage our reputation 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. You must only establish links from your own website. Our Site[s] must not be framed on any other website, nor may you create a link to any part of our Site[s] other than the home page without our written permission. We reserve the right to withdraw linking permission without notice.
15. Further Provisions:ho
The Agreement constitutes the entire understanding between the parties relating to the Material and supersedes any previous agreements and understandings whether oral or written relating to Orders, Products or Material. In the event of any inconsistency between these terms and conditions and the Order, the Order shall prevail. The Agreement may only be varied in writing signed by an authorised representative of each party. Failure at any time to enforce any of these terms and conditions or to require performance by the other party of any such term or condition shall not be construed as a waiver of such provision or affect the right of either party to enforce the same. If any provision is held to be invalid or unenforceable by any tribunal of competent jurisdiction, the remaining provisions shall not be affected and shall be carried out as closely as possible according to the original intent. The Agreement does not confer any rights to or on any third party.
17. Changes to these terms and conditions:
We may change these terms and conditions from time to time and will make all reasonable efforts to notify Users and Clients of such amendments. Users and Clients are also expected to check these terms and conditions regularly to ensure ongoing compliance with the current terms and conditions. If you do not agree to any changes to these terms and conditions, you should cease using the Site and contact us via email: firstname.lastname@example.org.
18. Governing law:
These terms and conditions shall be governed by, and construed in accordance with, English law. To the extent possible in the applicable jurisdiction, you and PEI irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions, and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in this Document are for convenience only and will have no legal meaning or effect.