Subscription Terms and Conditions
Please read this carefully as it sets out the terms of a legally binding agreement between you and Syon Geographical Ltd.
1. Introduction
The following General Terms and Conditions of DIVE Subscription (“General Terms”) together with the applicable website registration pages, hard copy subscription offer pages (such as leaflets, brochures or advertising collateral) or otherwise suggested to you during the registration process (“Specific Terms” ) constitutes a legally binding agreement (“Agreement”) between you and DIVE. In the event of any inconsistency between the two, the specific terms take precedence over these general terms.
This Agreement sets forth the terms under which you may subscribe to DIVE Magazine (“Subscription”).
By agreeing to purchase a subscription, you agree to the terms and conditions of this agreement. If you do not agree to the terms and conditions of this Agreement, you should not subscribe.
References to “DIVE” (or “we”, “our” or “our”) in these terms and conditions refer to Syon Geographical Ltd, with whom you contract under this Agreement.
2. Subscribe
Placing an order: By submitting your payment and other subscription details, you are making an offer to us to purchase a subscription. A contract is formed when we accept your offer, at which point we will provide you with a subscription. General: If you purchase a subscription, the magazine will be delivered to the address of your choice. We cannot guarantee delivery to shared or public mailboxes, or where buildings do not have concierge facilities. Once your subscription request has been accepted, DIVE will begin sending you the next issue of the magazine. Any failure to commence delivery within the above time frame shall not constitute a breach of this Agreement. Once deliveries have begun, magazines will be delivered at the frequency and delivery address specified by you when confirming your order. If you live outside the UK, we will deliver your magazine by post to the address you nominate and such deliveries will be subject to normal postal delays. If you have not received the magazine, please contact us. If you notify us that you have not received your magazine within 30 days of the failed delivery date, we will send a replacement copy unless DIVE notifies you otherwise.
We may use third parties to assist us in providing subscription services to you.
Your subscription period will be for one year unless another subscription period becomes available to you (this will be stated in the specific terms or on our registration page, or otherwise expressly stated during the registration process). For example, we may offer monthly, quarterly, semi-annual or 24-month subscriptions.
Trial or Discount Offer: From time to time, at our sole discretion, we may offer new subscribers a subscription trial (which may be a free trial or a discounted trial (e.g. paying £1 for the first month of subscription), in which case we will only charge you The full subscription fee in effect from the end of the trial period. No more than one trial per subscriber or single household in any twelve-month period.
Pricing and Payment: Subscription fees will be clearly stated to you on our registration page or otherwise during the registration process. Subscription fees may vary by country or state, territory or region from time to time. You agree to pay at the rate and frequency notified to you when you subscribed. DIVE will bill you in GBP, USD, CAD, AUD, EUR or other currency specified during the registration process, depending on the Service and your country of residence. You may also be required to pay any applicable local taxes. Eligibility for any discount is determined when you subscribe and cannot be changed during the term of your subscription. We will always give you advance notice of any increase in the subscription price.
When you subscribe, you must provide us with complete and accurate payment information. Where applicable, you may pay online by credit card, Paypal, direct debit, or in some cases offline by credit card, check or bank transfer or other means we may provide. By submitting payment details, you undertake that you have the right to purchase subscriptions using these payment details. If we do not receive payment authorization or any authorization is subsequently canceled, we may immediately terminate or suspend your subscription and may contact the issuing bank/payment provider and/or law enforcement agencies/other appropriate third parties in suspicious circumstances. If you are entitled to a refund under this Agreement, we will credit the card, bank account or other payment method you used to submit the payment unless it has expired, in which case we will contact you. Under no circumstances will DIVE be liable for lost orders or payments. DIVE reserves the right to suspend or terminate your subscription in the event of unauthorized access. If DIVE suspects, in its sole discretion, that any payment is fraudulent or illegal, DIVE reserves the right to cooperate with the relevant authorities.
mispricing: If we mistakenly quote a price to you online or otherwise, we shall be under no obligation to offer you a subscription at that price, even if we mistakenly accept your offer to purchase a subscription at that price, and reserve the right to notify you thereafter any pricing errors by you. If we do this, you may cancel your subscription without any obligation to us and we will refund any monies you have paid us in full, or you may pay the correct price. If you decline to exercise any of these choices, then we may cancel your subscription and refund in full any monies you have paid us. We will always determine in good faith whether a genuine mispricing has occurred.
other fee: In addition to the subscription fee charged to you, some banks and credit card issuers charge a foreign transaction fee for transactions made abroad or in a foreign currency. Most of the subscription payments we take by credit card are processed in the UK, so please check with your bank or credit card issuer whether you will be charged any such charges; DIVE is not responsible for any such charges.
3. Cancel or suspend your subscription
Initial Cancellation Period: You have the right to cancel your subscription at any time during the subscription period without giving any reason. If you exercise your right to cancel during this period, we will refund all payments received from you, less a prorated amount for each magazine you received prior to cancellation. You do not need to return any magazines to us.
How to cancel or suspend your subscription: Email subscriptions@divemagazine.com
Communicate your cancellation, including the following information:
• Subscriber’s full name
• Account email address
• Billing or shipping address
Cancellations and suspensions will only be effective after notification has been received by DIVE.
renew: If you choose to pay by credit card/Paypal recurring transactions or a continuous billing method such as direct debit, your subscription will renew for another period unless you notify us before the end of the subscription period that you no longer wish to receive it. We will charge the subscription to the same card or other payment method you used previously. We will notify you in advance of any changes to the subscription price and such changes will apply upon renewal.
For all other subscriptions, we will send you an email or a notification letting you know when your annual subscription is coming to an end (unless you have told us you wish to cancel). We will also ask you if you would like to renew your subscription. If you fail to respond to these notices or fail to pay your renewal invoice, your subscription will expire on its end date.
move place: If you are moving, we can ship your magazines or vouchers to your new address, provided you notify us of your address change. However, if you are moving, depending on the country you are moving to, we may have to cancel your subscription, provide you with a prorated subscription refund, and set up a new subscription at the new address to pay separately. If we are unable to provide you with delivery of the magazine to your new address, we may contact you with an alternative product or service, or issue a prorated refund for your subscription.
we cancel: DIVE reserves the right to suspend or terminate your subscription without notice or further obligation to you if you breach this Agreement. In these circumstances, you will not be entitled to any refund. However, if we terminate or suspend your subscription and/or permanently cease publication of the magazine or subscription service for any other reason, we will issue a prorated refund to your credit card or bank account, unless exceptional circumstances apply, This means that we will refund any monies you have prepaid to us in connection with any remaining and unexpired term of your subscription, and this will be our sole liability to you in respect of such termination. This includes suspending or terminating your subscription if we are unable to provide the service to you due to circumstances beyond our control.
4. Privacy Policy and Registration
All information you provide to purchase a subscription will be used by DIVE in accordance with our Privacy Policy. Please read this for details of how we process your personal data.
You must provide DIVE with accurate and complete registration information (including but not limited to name, shipping and billing addresses and direct debit/bank account or credit card details) and email address. It is your responsibility to update and notify us of all changes to this information. DIVE reserves the right to rely on all information you provide to us.
5. Who is your contract with?
You are contracting with Syon Geographical Ltd, whose registered office is Unit 3, Boleyn Business Park, Hever Castle Golf Club, Hever Road, Hever, Kent, TN8 7NP, United Kingdom.
6. Choice of law and jurisdiction
This agreement will be governed by English law. In such event, to the extent possible within the applicable jurisdiction, you and we both agree that the English courts will (subject to the last paragraph of this Clause 5) have non-exclusive jurisdiction to resolve any dispute which may arise out of : Under or in connection with this Agreement.
7. Contact us
You can chat with us using the “Need Help” button or contact us by email: subscriptions@divemagazine.com
8. Content Ownership
All content published in the Magazine belongs to DIVE or its licensors, who own all intellectual property rights (including copyright and database rights) in and to the content and any selections or arrangements thereof. No intellectual property rights in the content are transferred to you. “DIVE” is a registered trademark and may not be used without the written permission of DIVE. You may not copy, publish, republish, archive, store, create derivative works of, redistribute or communicate to third parties any content of the Magazine. Any third-party advertising or sponsorship in the magazine is the responsibility of the relevant third party and DIVE is not responsible for it.
You may not license or transfer any of your rights under this Agreement.
9. Changes to this Agreement
These terms and conditions were published on 15 June 2023.
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