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Terms & Conditions

General

These terms and conditions apply in respect of sales of business-to-business books, online services and any combinations of such formats and updating services and information packages ("Goods") as supplied by VisitBritain . "Customers" are defined as named subscribers to subscription Goods or purchasers of non-subscription Goods.

Goods supplied may differ from those advertised in VisitBritain's catalogue or other promotional material. Such differences will not materially alter the Goods.

Price

VisitBritain reserves the right to change the contents and/or price and/or delivery charges of any Goods at any time without prior notification.

The price payable shall be the total price specified in VisitBritain's current price list, less any discounts agreed in advance by VisitBritain and plus the applicable cost of packaging, postage and delivery.

The price payable for subscription Goods after the initial subscription period is VisitBritain's list renewal price at the anniversary of the commencement of the subscription or shall be the price advised by VisitBritain when notifying the Customer of the forthcoming renewal.

Any discounts agreed by VisitBritain at the date of these terms and conditions shall have effect only for the duration of the subscription period covered by the Customer invoice or sales confirmation letter/e-mail unless specified in advance in writing.

Prices are subject to VAT at the applicable rate.

Subscriptions

Subscriptions commence on the date of order ("Commencement Date") and continue until terminated by VisitBritain by no less than 30 days written notice to expire on an anniversary of the Commencement Date or by the Customer within 30 days of VisitBritain's notice of the renewal of the subscription as specified below.

VisitBritain will notify the Customer by letter or e-mail before each anniversary of the Commencement Date of the price payable for the next subscription period and, where the subscription relates to a CD or online Goods, of any change to the licence terms and conditions applicable to those Goods.

Licences and online content

VisitBritain authorises the Customer and authorised users within the Customer's organisation to use the online Goods for which the Customer agrees to pay the subscription fee. VisitBritain limits usage of the online Goods to the agreed number of users as specified in the Goods order. Unless otherwise stated, usage levels refer to the totality of different users who are authorised to access the online Goods in the Customer's organisation.

This authority and licence starts when the Customer accepts these terms and conditions by commencing use of the online Goods and ends:

  • if the subscription period expires without the Customer agreeing to renew this agreement on the terms and at the subscription fee then applying; or
  • if this agreement is terminated under the paragraph �Termination�.

The Customer may search, view, copy and print out material in the Goods for its own use. The Customer will take reasonable steps to ensure that authorised users comply with the terms of use of the online Goods in this agreement and do not:

  • copy, print out or otherwise reproduce any part of the Goods except as permitted under this agreement or authorised by VisitBritain in writing;
  • make any part of the online Goods available to anyone whose principal place of work is not one of the Customer's sites, except as permitted under this agreement or authorised by VisitBritain in writing;
  • alter any part of the online Goods; or
  • purport to assign or otherwise dispose of its rights under this agreement.

Customers will be provided with online access instructions as required to enable access and use through a computer or other electronic device as specified in the Goods offer.

Online Goods provided through any other electronic delivery mechanism are supplied subject to the licence terms and conditions supplied with the Goods. The Customer is required to review and accept these terms before first using the Goods. Use of the Goods is implied acceptance of the terms.

The Customer acknowledges and agrees that VisitBritain and its licensors own all intellectual property rights in the Goods. Except as expressly stated in this agreement, this agreement does not grant to the Customer any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered) or any other rights or licences in respect of the Goods or any related documentation.

Delivery of online Goods is made using the World Wide Web. All warranties, express or implied, regarding the availability of any online Goods at any particular time or times are excluded.

Firm sales

Goods accepted on a firm sale basis, which include Goods purchased online by credit or debit card, do not include a trial period and Customers are liable for immediate full payment of the subscription fee invoice. In the case of online Goods purchased by credit or debit card, Customers are required to pay for the Goods before access is granted.

Returning Goods

The Customer is also responsible for the costs of returning the Goods to VisitBritain. For protection, the Customer is advised to insure any returned items as VisitBritain will not be held responsible for the condition of the items being returned or for lost or misdirected items sent back to VisitBritain.

In the case of online Goods Customers wishing to return the Goods under the conditions listed above should return the invoice and/or sales confirmation letter/e-mail with relevant instructions within 7 days of receipt of the Goods.

Claims for damaged Goods or partial delivery or complete loss of consignment must be notified within 28 days of the date of invoice.

The Customer's refund will be processed and returned to the Customer using the same purchase method used to acquire the Goods. These conditions do not affect the Customer's statutory rights as a consumer.

Cancellation

No refund is available in the event of cancellation at any point during the subscription period in respect of any Goods.

Liability

VisitBritain warrants that the version of the Goods supplied will be free of defects that prevent access by the users and will meet the full required operating capability.

Although great care has been taken in the compilation and preparation of the Goods to ensure accuracy, VisitBritain will make every endeavour to remedy any errors or attributable omissions. VisitBritain's entire liability and the Customer's sole remedy, shall be the replacement of Goods which do not meet the warranty given above. In no event will VisitBritain be liable for damages of any kind, direct, indirect or consequential (including, but not limited to, loss of profits) however arising, even if VisitBritain has been advised of the possibility of such damage. VisitBritain does not guarantee the accuracy, content, or timeliness of online services nor guarantee that they or related systems are free from viruses or other contaminating or destructive properties. Time is not of the essence for delivery of Goods and VisitBritain's liability for incorrect delivery or failure to deliver is limited to the replacement of Goods.

Advertising

Terms and conditions relating to the sale and provision of display advertising in Goods are subject to separate terms and conditions supplied with the confirmation of advertising order bookings.

Payment

Payment for invoiced Goods is due within thirty days of invoice, in the currency of the invoice and drawn on a UK based bank or any other such method as agreed by VisitBritain. Failure to pay all outstanding amounts by the due date may result in the withholding of further supplies to the Customer.

Termination

This agreement will terminate if the Customer or VisitBritain are in material breach of any of its terms and if the breach (if capable of remedy) is not remedied within the period of twenty days after written notice of it has been given to the party in breach. If VisitBritain is in material breach as a result of circumstances within its control, the Customer will be entitled to a pro-rata return of the subscription fee.

On termination of this agreement for any reason:

  • all licences granted under this agreement shall immediately terminate;
  • the Customer will delete the Goods from its electronic media, including its intranet and electronic storage devices so that it no longer has an electronically functional copy of the Goods.
  • Termination shall not affect or prejudice the accrued rights of the parties as at termination or the continuation after termination of any provision implicitly surviving termination.

General

The Customer may not assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under this agreement.

This agreement is not intended to benefit anyone other than the parties to it and, in particular, no term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.

If any provision of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

This agreement and the subscription fee invoice constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this agreement. Each of the parties acknowledges and agrees that in entering into this agreement it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) of any person (whether party to this agreement or not) other than as expressly set out in this agreement. The only remedy available to it for breach of the agreement shall be for breach of contract under the terms of this agreement.

English law governs this agreement and the parties submit to the non-exclusive jurisdiction of the English courts.