Question 1

Motor Sport Magazine Limited General Terms & Conditions

Accepted Answer

This is the Returns Policy of Motor Sport Magazine Limited (referred to in this Returns Policy as “MSM”, “we”, “us” or “our”).

This Returns Policy is subject to, and should be read alongside, our Customer Terms.

For cancellable items, you have 14 days from the day you receive the item to notify the Seller if you want to return or exchange the item. You will have a further 14 days to send the item back to the Seller. The return period will expire 28 days from the day on which you receive the goods you have ordered.

Below you will find a guide to help you see what items are cancellable and what items are not cancellable. We recommend however that you carefully check the description on the item page to confirm if any particular item is cancellable before placing your order.

How to cancel your order, or return or exchange an item

1. Contact the Seller to let them know that you wish to cancel your order, or return or exchange an item by either:

(a) outlining this to the Seller directly by signing in to your account, clicking ‘my account’ at the top of the page, clicking ‘my orders’ within this menu, picking the order you want to return and then clicking on ‘contact the Seller’ where you can upload this information and provide any further relevant details to the Seller; OR

(b) asking us to do this on your behalf. Please note that this will naturally add a delay to the process with the extra step involved.

2. If you have already received the item, please package the item up and send it back to the Seller within 14 days of letting [us, or] the Seller know, that you want to cancel your order and return the item.

3. As you remain responsible for the item until it arrives back to the Seller, we recommend you use a signed-for delivery service and retain the proof of postage. Please note that you will have to bear the direct cost of returning the item.

4. As the Seller’s payment agent, we will process the refund and return the cost of the item directly to the original payment method, within no more than:

(a) 14 days after the day the item is received by the Seller; or

(b) if earlier, 14 days after the date you provide evidence that you have returned the item to the Seller; or

(c) if there were no goods supplied, 14 days after the day on which you informed the Seller [or us] (via Step 1 above) about your decision to cancel your order.

5. If you wish to amend your order, please contact the Seller directly as soon as possible after your order has been made. Neither MSM or the Seller guarantees that an order can be amended once the order has been confirmed. The Seller will not be able to amend any orders which have already been processed and/or shipped to you.

6. Please do not alter, destroy or throw away any item included in your delivery or any external packaging, even if it is faulty, before you have spoken to the Seller and agreed that doing so will not affect any refund you may be entitled to.

7. Please note that you are liable for any diminished value of an item resulting from the handling of the item in any way other than what is necessary to establish the nature, characteristics and functioning of the item while you are responsible for it (this includes, in the context of a return, when the item is in transit back to the Seller and, if lost, its replacement value).

8. Please note that if you request us to begin the performance of a service during the above cancellation period, you will be liable to pay for the service you received prior to your communication to us or the Seller that you intend to cancel the contract. This may apply to you if you have purchased an experience with us.

9. To give you peace of mind when ordering, we endeavour to ensure that all Sellers comply with our returns policy^. If you have any further questions, please get in touch with our customer service team.

Gift Cards

10. Gift Cards cannot be returned or refunded, except in accordance with your legal rights. Gift Cards cannot be exchanged for cash or transferred for value. Please see our Customer Terms for more information on the use of Gift Cards.

Items that cannot be returned (non-cancellable and non-refundable)

11. There are some items which are non-cancellable and/or non-refundable and therefore cannot be returned once an order has been confirmed. These are:

Items that have been customised, personalised or made to your specific requirement which is outside of the standard options offered by the Seller, or items which otherwise cannot be resold due to a bespoke element;
Perishable items (e.g., food, confectionary, flowers, etc.);
Items that are specially commissioned by you when you place an order (e.g., art, sculptures ceramics, prints, etc.); and
Personal items such as earrings or items where a hygiene strip or seal has been removed (e.g., swimwear and underwear or cosmetic items).

We advise that you to check whether an item is cancellable or non-cancellable/non-refundable before placing your order.

Update on 28^th January 2020

Question 2

Customer T&Cs

Accepted Answer

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR OUR DIGITAL APPLICATIONS

These Terms & Conditions (Terms) tell you the rules for using our website www.motorsportmagazine.com (our Site) and for accessing and using any of our digital applications (Digital Applications), the contents of our Site and any digital application edition of MotorSport Magazine or other digital application content (together, Digital Application Content) published by us or any member of our group via the Site or any of our Digital Applications.

These Terms also set out terms for Subscriptions to MotorSport Magazine.

Who we are and how to contact us

Our Site is operated by Motor Sport Magazine Limited (MSM, we, our or us). We are a limited company registered in England and Wales under company number 05471049 and have our registered office at 16 Rosemont Road, London, England, NW3 6NE. Our main trading address is at 18-20 Rosemont Road, London, England, NW3 6NE. Our VAT number is 871 544 610.

To contact us, please email info@motorsportmgazine.com or telephone our customer service line on +44 207 739 8484 or USA toll free 1-866-808-5228.

By using our Site you accept these terms

By using our Site or Digital Application or by otherwise accessing any content found on our Site or Digital Application, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our Site and/or Digital Applications and/or Digital Application Content.

We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to our [Privacy Policy which also applies to your use of our Site and/or Digital Application and/or Digital Application Content and sets out information about how we use your personal data and about the cookies on our Site. By visiting our Site with cookies enabled and/or accepting cookies via our cookie consent tool you agree to the use of cookies as explained in our Privacy Policy.

If you purchase products from our Site or on a Digital Application, our Customer Terms will apply to the sales. If you subscribe to Motor Sport Magazine, our Subscription Terms will apply to the subscriptions. If you book to attend any of our or our partners’ events, our Events Terms will apply to your booking.

We may make changes to these terms

We amend these terms from time to time.

Whenever the Terms are changed, MSM will notify you by e-mail or by publishing the revised terms on the website. If you use the Site and/or a Digital Application after MSM has published or notified you of the changes, you are agreeing to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site or a Digital Application any further after they are published. Access to certain Motor Sport Content may be subject to additional terms and conditions.

These terms were most recently updated on 28^th January 2020.

We may make changes to our Site and Digital Applications

We may update and change our Site and Digital Applications from time to time to reflect changes to our products, our users’ needs and our business priorities. MSM reserves the right, in its discretion and at any time, to suspend, change, modify, add or remove portions of Motor Sport Content available on the Site and/or on a Digital Application at any time and to restrict the use and accessibility of the Site and its Digital Applications.

We may suspend or withdraw our Site and/or Digital Applications

Our Site is made available free of charge.

We do not guarantee that our Site and/or Digital Applications, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site and/or Digital Applications for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Site and/or Digital Applications through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Registration, Passwords and Responsibilities

You are responsible for keeping your information and passwords up to date and confidential.

Certain areas or features of our Site and/or Digital Applications may only be open to registered users or subscribers. By registering on the Site and not also becoming a subscriber of MSM, you will become a customer of MSM as a Registered User. MSM reserves the right to amend or vary the content that is made available to Registered Users from time to time.

If you have provided express consent when registering your details as a Registered User, we will contact you from time to time in accordance with your preferences and our Privacy Policy. You will be regularly required to review the Privacy Policy for any updates which may apply to you. You may modify your preferences within the settings page of your online account.

You are solely responsible for the confidentiality and use of and access to the Site and/or Digital Applications using your user name and/or password. You agree to immediately notify MSM using the contact details above if you become aware of the loss, theft or unauthorised use of any password, user ID or e-mail address or of any Digital Application. You will provide MSM with accurate, complete registration information and inform MSM of any changes to such information. For the purpose of confirming your compliance with these Terms, MSM reserves the right to monitor and record activity on the Site and Digital Applications, including access to our content.

Each registration and subscription is for the personal use of the Registered User or subscriber only. You may not share your log-in details or password with any other person. You may not share or transfer your subscription. MSM does not allow multiple users (networked or otherwise) to access the Site and/or any Digital Application through a single name and password and may cancel or suspend your access to the Site and/or a Digital Application if you do this, or breach any other of these Terms, without further obligation to you.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

How you may use material on our Site, our Digital application and our digital application content

The contents and design of the Site, any Digital Application and any material e-mailed to you or otherwise supplied to you in conjunction with the Site and/or a Digital Application (such contents, design and materials being collectively referred to as the Motor Sport Content), is copyright of MSM and its licensors. Motor Sport Content is protected by copyright laws and treaties around the world. All such rights are reserved.

You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as the “Motor Sport” name and logo or other trade names appearing on the Site and/or any Digital Application) for any reason without our prior written consent. The software comprised within and/or which operates the Site and our Digital Applications is our or our licensors’ proprietary software and you may not use it except as expressly permitted under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.

All Motor Sport Content is strictly for personal, non-commercial, use only.

You may retrieve and display Motor Sport Content from our Site on a personal computer screen or mobile device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer or mobile device for your personal, non-commercial, use. You may use Digital Applications only on devices for which they were intended, for your personal, non-commercial, use and on no more than five separate devices. Except as expressly permitted above, you may not reproduce, modify or in any way commercially exploit or distribute any Motor Sport Content. In particular, and without prejudice to the preceding restrictions, you may not do any of the following without prior written permission from MSM:

reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Motor Sport Content; or

modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Motor Sport Content (including as part of any library, archive or similar service) without our prior written consent and in so doing you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; or
remove the copyright or trade mark notice from any copies of Motor Sport Content made under these Terms or otherwise.

Any use of Motor Sport Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be granted in our sole discretion and may be made using our contact details above. Such usage may be subject to a fee.

If you use Motor Sport Content or download any part of our Site or use any part of any Digital Application in breach of these terms of use, your right to use our Site and our Digital Applications will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

The content on our Site and Digital Applications is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site and/or Digital Applications.

Although we make reasonable efforts to update the information on our Site and/or Digital Applications, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site and/or Digital Applications is accurate, complete or up to date.

We are not responsible for websites we link to

Where our Site and/or Digital Applications contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

User-generated content

You are responsible for all content you post.

The Site and any Digital Applications may include the capability for users to comment, bulletin boards, discussion groups and other public areas or features that allow feedback to MSM and interaction between users and MSM representatives (Forums). While MSM does not control the information/materials posted to Forums by users (Messages), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit Messages and to terminate your access to and use of the Forums.

You are solely responsible for the content of your Messages. You must comply with any rules posted by MSM on a Forum. You may not:

Post, link to or otherwise publish any Messages containing material that is obscene, racist, homophobic or sexist or that contains any form of hate speech;
Post, link to or otherwise publish any Messages that infringe copyright;
Post, link to or otherwise publish any Messages that are illegal, libellous, defamatory or may prejudice ongoing legal proceedings or breach a court injunction or other order;
Post, link to or otherwise publish any Messages that are abusive, threatening or make any form of personal attack on another user or an employee of MSM;
Post Messages in any language other than English;
Post the same Message, or a very similar Message, repeatedly;
Post or otherwise publish any Messages unrelated to the Forum or the Forum’s topic;
Post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or “spam”;
Post, link to or otherwise publish any Messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
Disguise the origin of any Messages;
Impersonate any person or entity (including MSM employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
Post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment, or any other harmful component;
Collect or store other users’ personal data; and/or
Restrict or inhibit any other user from using the Forums.

By submitting Messages to any Forum you agree to indemnify and hold harmless MSM from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this section.

MSM has no control over individuals posting Messages on any Forum. MSM cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages when you make (or refrain from making) any specific investment or other decision.

MSM does not verify or approve any Messages, content, information or materials posted on any Forum. The views expressed by other users on our Site and/or Digital Applications do not represent our views or values.

By submitting a Message to a Forum you are granting MSM a perpetual, irrevocable, royalty free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part, and in any form. This may include personal information such as your username or pen name and your expressions of opinion. MSM reserves the right to contact you by e-mail about your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit.

It is not possible for MSM to fully and effectively monitor Messages infringement of third-party rights. If you believe that any content infringes your legal rights, you should notify MSM immediately by contacting our customer service centre for your region or by using the “Report Abuse” function on reader comments. Repeated misuse of the “Report Abuse” function will result in your access to the Forums being terminated.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us using the contact details above.

Liability and Indemnity

MSM does not guarantee the accuracy, content, or timeliness of our Site, any Digital Applications and/or the Digital Application Content, or that they are free from viruses or other contaminating or destructive properties.

If you are a consumer user:

Please note that we only provide our Site and/or Digital Applications and/or Digital Application Content for domestic and private use. You agree not to use our Site and/or Digital Applications and/or Digital Application Content for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective Digital Application Content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

If you are a business user:

Neither we or our affiliates, agents, suppliers or licensors shall be liable to you, your employees, agents or subcontractors for any use or misuse of our Site and/or Digital Applications and/or Digital Application Content. Such limitation:

(i) includes liabilities, costs, expenses, penalties, damages and losses, whether such claim is based on warranty, contract, tort or otherwise (including but not limited to any direct, indirect, incidental, consequential, special, exemplary and punitive losses or damages, loss of profit, loss of reputation, business interruption, loss of business information and all interest, and legal costs and all other professional costs and expenses), arising from the use (or misuse) or reliance on our Site and/or Digital Applications and/or Digital Application Content;

(ii) applies whether damages arise from use or misuse of and reliance on our Site and/or Digital Applications and/or Digital Application Content, from inability to use our Site and/or Digital Applications, or from the interruption, suspension or termination of our Site and/or Digital Applications (including any damages incurred by third parties).

You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential, special, exemplary and punitive losses and/or damages, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising or in connection with:

(i) Your breach of these Terms;

(ii) The enforcement of these Terms;

(iii) Any claim made against us for actual or alleged infringement of any third party’s intellectual property rights arising out of or in connection with your use or misuse of our Site and/or Digital Applications and/or Digital Application Content; or

(iv) Any claim made against us by a third party arising out of or in connection with our Site and/or Digital Applications, to the extent that such claim arises out of the breach of these Terms by you, your employees, agents or subcontractors;

This indemnity shall not cover us to the extent that a claim under it results from our negligence or wilful misconduct.

For all users

In no event will any liability of MSM or its affiliates, agents, suppliers and licensors to you (and/or any third party) that may arise out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with our Site and/or Digital Applications and/or Digital Application Content or in breach of these Terms by MSM exceed the amount, if any, paid by you to MSM for the particular Service to which the claim relates.

This Liability and Indemnity clause shall survive any termination or expiration of these Terms for any reason.

How we may use your personal information

We will only use your personal information as set out in our Privacy Policy.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our Site and/or Digital Applications and/or Digital Application Content will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our Site and/or Digital Applications and/or Digital Application Content. You should use your own virus protection software.

You must not misuse our Site and/or Digital Applications and/or Digital Application Content by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site and/or Digital Applications, the server on which our Site or Digital Applications are stored or any server, computer or database connected to our Site. You must not attack our Site and/or Digital Applications and/or Digital Application Content via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would 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 Site and Digital Applications will cease immediately.

Rules about linking to our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

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 not establish a link to our Site and/or Digital Application in any website that is not owned by you.

Our Site and/or Digital Applications must not be framed on any other site, nor may you create a link to any part of our Site and/or Digital Applications other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in these terms.

If you wish to link to or make any use of content on our Site and/or Digital Applications other than that set out above, please get in touch with us using our contact details above.

Subscription and Cancellation

Subscriptions

MSM offers different types of subscriptions (Subscriptions) including, for example, subscriptions to print issues of Motor Sport Magazine, as well as digital editions and full online access. Motor Sport Magazine is published monthly. You may purchase a Subscription to print & digital bundle or digital access (direct through us), or digital editions via third-party partners such as Apple and Google Play. You may choose your period of subscription from the options that are available on the Subscription order page. (Subscription Period). MSM reserves the right to vary the amount of content and types of service that it makes available to different categories of users at any time including without limitation to Registered Users. MSM will try to process your Subscription promptly but does not guarantee that your Subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a Subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment and contact details, at which point we will provide you (or, in the case of a gift Subscription, the recipient of the gift) with access to the Subscription and any subscription gifts included in the offer you opted-for. You will receive written confirmation when your Subscription offer has been accepted, by email (or by post if we do not hold an email address for you). Beginning the fulfilment of a Subscription does not signify acceptance).

Delivery

If your Subscription includes print issues, then we aim to dispatch your issue within the first week of each ‘on sale’ date. If your Subscription includes a digital element/issue, then you will have access to the issue once it has been published. Subscription to the print and digital bundle will be delivered to you according to the respective delivery methods of each Subscription type. We will supply the issues to you in the format(s) to which you have subscribed, until either the subscription expires (and is not renewed) or you end the contract.

Renewal

Unless specifically stated in any Subscription offer or promotion when you place your Subscription order with us, if you choose an auto-renew payment option, including direct debit or continuous card payments, you agree that at the end of the initial Subscription Period (and each renewal period thereafter), your Subscription will automatically renew for the same Subscription Period at the then prevailing renewal rate, which may be changed from time to time. If you do not choose an auto-renew payment option, we will contact you at the end of the initial Subscription period with an offer to renew your subscription at the then prevailing renewal rate, which may be changed from time to time. You may cancel your Subscription at any time as set out below.

Cancellation

Your rights on cancellation of the contract will depend on the type of Subscription you have purchased, your Subscription Period and your chosen method of payment in accordance with the following table.

For Subscriptions paid in full upfront
Subscription Type and Subscription Period	Cooling Off Period	After Cooling Off Period	Refund
Print issues for six (6) months or less.	14 days after the day on which your first issue is delivered to you.	You may not cancel your Subscription.	You will not be entitled to a refund after the Cooling Off Period.
Subscriptions including a digital element for six (6) months or less.	14 days after your purchase.	You may not cancel your Subscription and you will not be entitled to a refund.	You will not be entitled to a refund after the Cooling Off Period.
Print issues for more than six (6) months.	14 days after the day on which your first issue is delivered to you.	You may not cancel your Subscription in the first three months following the Cooling Off Period, or the last three months of your Subscription Period.	If you cancel your Subscription within the first of your Subscription Period, you shall be issued a refund for forthcoming issues, subject to whether the forthcoming issue has already been delivered to you.
Subscriptions including a digital element for more than six (6) months or less.	14 days after your purchase.	You may not cancel your Subscription in the first three months following the Cooling Off Period, or the last three months of your Subscription Period.	If you cancel your Subscription within the first and last three months of your Subscription Period, you shall be issued a refund for forthcoming issues, subject to whether the forthcoming issue has already been published and made available to you.
For Subscriptions paid for by Direct Debit and Continuous Credit Card Payments
Subscription Type	Cooling Off Period	After Cooling Off Period	Direct Debit cut-off
Print issues	14 days after the day on which your first issue is delivered to you.	You may cancel your Subscription at any time.	Your direct debit should be cancelled no more than 14 days prior to the [next ‘Onsale’ date] to avoid risk of being charged for the forthcoming issue.
Subscriptions including a digital element	14 days after your purchase.	You may cancel your Subscription at any time.	Your direct debit should be cancelled no more than 14 days prior to the [next ‘Onsale’ date] to avoid risk of being charged for the forthcoming issue.

Cancellation of your Subscription will take effect from the subsequent issue (subject to the cut off period in respect of Direct Debit and continuous credit card Subscriptions) and you will be charged for the issue that has been published (and delivered).

In this section references to “published” includes publication on the Site, any Digital Application and/or otherwise made available digitally to customers.

Any applicable reimbursement will be settled as described in the “Fees and Payments” section below.

How to cancel

You may notify us of your wish to cancel your subscription by contacting us using our contact details above.

Fees and Payments

You are responsible for any fees that are payable including any processing or other fees charged by the issuing bank/payment provider. You agree to instruct your bank or building society to pay the Subscription Fee by Direct Debit for the entire Subscription Period.

The price to be paid for your Subscription will be made clear to you on the Subscription order pages or otherwise during the order process and may vary from time to time. You agree to pay the fees at the rates notified to you at the time you purchase your Subscription together with any processing or other associated fees charged by the issuing bank/payment provider. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your Subscription. We will always inform you in advance of any increase in the price of your Subscription and offer you an opportunity to cancel your Subscription if you do not wish to pay the new price.

As well as Subscriptions, access to some MSM Content may be subject to a fee. All payments (including any applicable taxes) must be made in advance in GBP or other currency specified by MSM. You are responsible for the payment of all charges associated with all use, of the Site and/or a Digital Application using your ID.

When you purchase a Subscription or access to any other Motor Sport Content, you must provide us with complete and accurate payment information. By submitting your payment details, you confirm that you are entitled to use those payment details for this purpose. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to your Subscription or Motor Sport Content and in suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties.

If your use of the Site, any Digital Application or any Subscription is terminated by MSM, you will be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms (which will be determined solely by MSM). You will continue to be responsible for any fees or other charges you have incurred prior to such termination.

You may be able to use the Site to purchase products or services from MSM's third party partners. In that event, your contract for such products will be with the third party partner and not with MSM.

If you are entitled to a refund under these Terms, refunds can only be made to the credit/debit/charge card that was used for the original purchase, unless it has expired in which case we will contact you to arrange for the refund to be made to an alternative credit/debit/charge card.

Gift Subscriptions

MSM allows Subscriptions to be purchased as gifts. The person responsible for payments and fees is the person who initially purchased the gift Subscription and only that person may receive any refunds or other payments that may be due in respect of the gift Subscription. Apart from that, these terms will apply to the beneficiary of any gift Subscription, who may therefore use the Site and access any Motor Sport Content only in accordance with these terms, and all references to “your” or “you” (other than in relation to renewal, payment, fees, refunds and cancellations) shall be read as references to the beneficiary of the gift Subscription.

Subscription Promotions MSM reserve the right to withdraw any offer at any point without notice. Any promotions which include gifts are subject to availability, cannot be swapped for others, and can be terminated at any time without prior warning. For certain gifts, a valid telephone number and email address is required for this, to ensure that any couriers can deliver your gift safely. If you haven't provided these, and we try to obtain this from you, but don't hear back from you within a one-month period, then the gift will no longer be available to claim. Communications MSM will communicate with you by email (where you have given us a valid email address) in order to update you faster and to keep costs and environmental impact to a minimum. If you would like to renew by post or telephone, or pay via a non-continuous payment method, we’ll now be charging a modest £3.99 ($4.48) a year surcharge to cover the increases in print, paper, postage and administration costs. You can avoid this surcharge by renewing online onto an auto-renew payment type.

Which country's laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

For EU users, should you have any issues with your Subscription or our our Site and/or Digital Applications, you are entitled to use the EU managed and operated Online Dispute Resolution Platform at http://ec.europa.eu/odr.

Our trade marks are registered

“Motor Sport” and “Motor Sport Hall of Fame” are UK registered trade marks of Motor Sport Magazine Limited. You are not permitted to use them without our prior written approval.

Force majeure

MSM, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Motor Sport Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

Whole Agreement

Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these terms shall not apply.

Headings

Headings in these terms are for convenience only and have no legal meaning or effect, nor shall they be taken into account in interpreting these terms.

Advertising, Third Party Content and other Web Sites

Parts of the Site and/or Digital Applications may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that such material complies with international and national law. MSM is not responsible for any third party content or error, or for any omission or inaccuracy in any advertising material. The Site and/or Digital Applications may also contain links to other web sites. MSM is not responsible for the availability of these websites or their content.

Assignment of Agreement

This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

Non-waiver

No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.

Notices

Notices to MSM must be given in writing, by letter, and sent to Motor Sport Magazine Limited (for the attention of the Company Secretary).

Severability/Survival/Statute of Limitations

If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid. Rather, the Terms will then be read and construed as if the invalid or unenforceable provision(s) are not contained therein.

If you are in the United States, any cause of action of yours with respect to these Terms must be filed in arbitration within one year after the cause of action has arisen, or such cause will be barred, invalid and void.

Updated on 20th December 2022

Question 3

Motor Sport Magazine Ltd Customer Terms & Conditions

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