These terms and conditions are the contract between you and BM Payments Services Ltd (“us”, “we”, etc). By visiting or using Lesbian and Gay News at www.lesbianandgaynews.com you agree to be bound by them. They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.
We are: BM Payments Services Ltd, a company registered in the United Kingdom, company number 08406398. Our correspondence address is Lesbian and Gay News, 7 First Avenue, Havant, Hampshire, PO9 2QN. Our registered office is 164 Bridge Road, Sarisbury Green, Southampton SO31 7EH.
You are: Anyone who uses our website lesbianandgaynews.com.
Please read this agreement carefully and save it. If you do not agree with it, you should leave lesbianandgaynews.com immediately.
These are the agreed terms:
means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
means the textual, visual or aural content that is encountered as part of your experience on lesbianandgaynews.com. It may include, among other things: text, images, sounds, videos and animations. It includes content posted by you.
means any service we provide, whether through lesbianandgaynews.com or otherwise. It includes the membership service we provide as set out on lesbianandgaynews.com and in this contract.
means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on lesbianandgaynews.com, and the phrases “Posted” and “Posting” shall be interpreted accordingly.
means all of the services available from lesbianandgaynews.com, whether free or charged.
means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all web pages controlled by us.
2. Our contract
2.1. These terms and conditions regulate the business relationship between you and us. By buying lesbianandgaynews.com Membership or using Our Website free of charge, you agree to be bound by them. All lesbianandgaynews.com members must be 18 years old and over.
2.2. We do not offer the Services in all countries. We may refuse to provide the Services if you live in a country we do not serve.
2.3. In entering into this contract you have not relied on any representation or information from any source except the definition and explanation of the Services given on Our Website.
2.4. Subject to these terms and conditions, we agree to provide to you some or all of the Services described on Our Website at the prices we charge.
2.5. Our contract with you and licence to you last for three months or six months or one year from the date payment. Any continuation by us or by you after the expiry of three months or six months or one year is a new contract under the terms then posted on Our Website. Your continued use of our Services after that shall be deemed acceptance by you of the changed Service, system and/or terms.
2.6. The contract between us comes into existence when we receive payment from you for a Service.
2.7. We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Our Website at the time that the contract was made.
3. Your account and personal information
3.1. When you visit Our Website, you accept responsibility for any action done by any person in your name or under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
3.2. We are not responsible for any error made as a result of the information you provide being inaccurate.
4. Membership for lesbianandgaynews.com
4.1. Membership for lesbianandgaynews.com gives access to The Conversation, our social and debating area.
4.2. Details of the cost and benefits of lesbianandgaynews.com Membership are as set out on Our Website. You may subscribe to lesbianandgaynews.com Membership Services at any time.
4.3. If you subscribe to lesbianandgaynews.com Membership as a Consumer, the law provides that you can opt out of your right to the 14 day cancellation period. Of course, we will not accept your subscription request unless you agree to lose your cancellation right.
4.4. You do this by instructing us to allow subscription immediately, or as soon as we can. If you do that, we will give you lesbianandgaynews.com Membership immediately and you lose your right to cancel your order.
4.5. By accepting these terms, you now agree that you are instructing us to give you lesbianandgaynews.com Membership immediately and you understand that, in doing so, you lose your right to cancel your order within 14 days.
4.6. If you give up your right to cancel, that will apply to any renewal of your lesbianandgaynews.com Membership at any time from now.
4.7. Apart from your cancellation right, termination of lesbianandgaynews.com Membership will be regulated by this contract set out in paragraph 14 below.
4.8. You may not transfer your lesbianandgaynews.com Membership to any other person.
4.9. We reserve the right to modify the lesbianandgaynews.com Membership rules or system and to change the terms and conditions of this agreement at any time, without notice. Your continued use of the lesbianandgaynews.com Membership after such modifications shall be deemed an acceptance by you to be bound by the terms of the modified agreement. The terms that apply to you are those Posted here on Our Website on the day you join as a member.
5.1. The price payable for Services that you order is clearly set out on Our Website.
5.2. The price charged for any Service may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
5.3. Prices are inclusive of any applicable value added tax or other sales tax.
5.4. Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
5.5. Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
5.6. You will pay all sums due to us under this agreement by the means specified without any set-off, deduction or counterclaim.
5.7. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch it to you.
6. Cancel your membership
6.1. At least one week before expiry of the period, for which you have paid, we shall send you a message to your last known email address to tell you that your lesbianandgaynews.com Membership and licence to use the Services is shortly to expire and to invite you to renew.
6.2. At any time before expiry of your lesbianandgaynews.com Membership, you may use the “My Page” tab and “My Subscription” on Our Website to access your personal information to cancel your membership.
6.5. lesbianandgaynews.com Membership fees are non-refundable and non-transferable.
7. Security of your credit card
We take care to make Our Website safe for you to use.
7.1. Card payments are not processed on a page controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
7.2. If you have asked us to remember your credit card details for your next purchase or subscription, we will securely store your payment details. These details will be fully encrypted and only used to process transactions which you have initiated.
8. Restrictions on what you may Post to Our Website
8.1. We may, at our discretion, read, assess, review or moderate any Content Posted on Our Website. If we do, we need not to notify you or give you a reason.
8.2. You warrant and represent that your content will comply with these terms and conditions. Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). You agree that you will not use or allow anyone else to use Our Website to Post a Content which is or may:
8.2.1 be malicious or defamatory;
8.2.2 consist of copyrighted commercial audio, video or music files;
8.2.3 be obscene, offensive, threatening or violent;
8.2.4 be sexually explicit or pornographic;
8.2.5 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
8.2.6 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
8.2.7 solicit passwords or personal information from anyone;
8.2.8 be used to sell any goods or services or for any other commercial use;
8.2.9 infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;
8.2.10 link to any of the material specified above, in this paragraph.
8.2.11 Post excessive or repeated off-topic messages to any page or message forum;
8.2.12 sending age-inappropriate communications or Content to anyone under the age of 18;
8.2.13 be in contempt of any court, or in breach of any court order;
8.2.14 infringe any right of confidence, right of privacy or right under data protection legislation;
8.2.15 constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
8.2.16 be in breach of racial or religious hatred or sexual orientation or transgender discrimination legislation;
8.2.17 depict violence in an explicit, graphic or gratuitous manner;
8.2.18 consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
8.2.19 constitute spam;
8.2.20 be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory or cause annoyance, inconvenience or needless anxiety to any person;
8.2.20 Your content must be appropriate, civil and tasteful, and accord with generally accepted society standards of etiquette and behaviour;
8.2.21 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions;
8.2.22 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
9. Reporting of unlawful material
9.1. If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
9.2. You can let us know about any such material or activity by email at firstname.lastname@example.org or using our abuse reporting form on the site.
10. How we handle your Content
10.2. If you Post Content to any public area of Our Website it becomes available in the public domains. We have no control over who sees it or what anyone does with it.
10.3. Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
10.4. Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
10.5. You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
10.6. You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
10.7. Please notify us of any security breach or unauthorised use of your account.
11. Removal of offensive Content
11.1. For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
11.2. We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
11.3. If you are offended by any Content, the following procedure applies:
11.3.1 You may email us or use the ‘Report’ buttons placed throughout the site.
11.3.2 we shall remove the offending Content as soon as we are reasonably able;
11.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;
11.3.4 we may re-instate the Content about which you have complained or not.
11.4. In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
11.5. You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.
12. Security of Our Website
12.1. If you violate Our Website, we shall take legal action against you.
12.2. You now agree that you will not, and will not allow any other person to:
12.2.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it;
12.2.2 link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
12.2.3 download any part of Our Website, without our express written consent;
12.2.4 collect or use any product listings, descriptions, or prices;
12.2.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
12.2.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of the Services;
12.2.7 share with a third party any login credentials to Our Website.
12.3. Despite the above terms, we now grant a licence to you to:
12.3.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
12.3.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website or a Service we provide.
13. Disclaimers and limitation of liability
13.1. The law differs from one country to another.
13.2. All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this subparagraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
13.3. We make no representation or warranty that the Services will be:
13.3.1 useful to you;
13.3.2 of satisfactory quality;
13.3.3 fit for a particular purpose;
13.3.4 available or accessible, without interruption, or without error;
13.4. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
13.5. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Services concerned.
13.6. We shall not be liable to you for any loss or expense which is:
13.6.1 indirect or consequential loss; or
13.6.2 economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it.
13.7. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to us.
13.8. If you become aware of any breach of any term of this agreement by any person, please inform us by email. We welcome your input but do not guarantee to agree with your judgement.
14. Duration and termination
14.1. This agreement shall operate for the period for which you have subscribed to lesbianandgaynews.com Membership Service.
14.2. You may terminate this agreement at any time, for any reason, with immediate effect. You may terminate the agreement either by sending notice to us by post or email, or by completing the form on the Our Website and submitting it. We reserve the right to check the validity of any request to terminate membership.
14.3. We may terminate this agreement at any time, for any reason, with immediate effect by sending you notice to that effect by email.
14.4. Termination by either party shall have the following effects:
14.4.1 your right to use the Services immediately ceases;
14.4.2 we are under no obligation to forward any unread or unsent messages to you or any third party.
14.5. In the event of such termination by us, we will within seven days refund to you the balance of your subscription outstanding for any Service, pro rata with time not elapsed.
14.6. There shall be no re-imbursement or credit if the Service is terminated due to your breach of the terms of this agreement.
14.7. We retain the right, at our sole discretion, to terminate any and all parts of the Services provided to you, without refunding to you any fees paid if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement.
15. Storage of data
15.1. We assume no responsibility for the deletion or failure to store or deliver email or other messages.
15.2. We may, from time to time, set a limit on the number of messages you may send, store, or receive through the Service. We may delete messages in excess of that limit. We shall give you notice of any change to your limit, except in an emergency.
15.3. You accept that we cannot be liable to you for any such deletion or failure to deliver to you.
16. Interruption to Services
16.1. If it is necessary for us to interrupt the Services, we will give you reasonable notice where this is possible and when we think the downtime is such as to justify telling you.
16.2. You acknowledge that the Services may also be interrupted for many reasons beyond our control.
16.3. You agree that we are not liable to you for any loss, foreseeable or not, arising from any interruption to the Services.
You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:
17.1. any act, neglect or default of yours in connection with this agreement or your use of the Services;
17.2. your breach of this agreement;
17.3. your failure to comply with any law;
17.4. a contractual claim arising from your use of the Services.
18. Dispute resolution
In this paragraph the term “ADR Provider” means an approved body under the Alternative Dispute Resolution for Consumer Dispute Regulations 2015.
The following terms apply in the event of a dispute between the parties:
18.1. If you are not happy with our services or have any complaint then you must tell us by email message to email@example.com or by post to Lesbian and Gay News, 7 First Avenue, Havant, Hampshire PO9 2QN.
18.3. If a dispute is not settled, we hope you will agree to attempt to resolve it by engaging in good faith with the other in a process of mediation or arbitration.
18.4. We can propose an ADR Provider or will listen to your proposal. If you are in any way concerned, you should read the regulations at: http://ec.europa.eu/consumers/odr/.
19. Miscellaneous matters
19.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
19.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
19.3. If you are in breach of any term of this agreement, we may:
19.3.1 terminate your account and refuse access to Our Website;
19.3.2 remove or edit Content, or cancel any order at our discretion;
19.3.3 issue a claim in any court.
19.4. Any obligation in this agreement intended to continue to have effect after termination or completion shall so continue.
19.5. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
19.6. Any communication to be served on either of the parties by the other shall be delivered by hand or sent by first class post or recorded delivery.
It shall be deemed to have been delivered:
if delivered by hand: on the day of delivery;
if sent by post to the correct address: within 72 hours of posting;
19.7. This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise, except that any provision in this agreement which excludes or restricts the liability of our directors, officers, employees, subcontractors, agents and affiliated companies, may be enforced under that Act.
19.8. Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond its reasonable control. The validity, construction and performance of this agreement shall be governed by the laws of England and you agree that any dispute arising from it shall be litigated only in that country.
19.9. Subject to the express provisions of these terms and conditions: we, together with our licensors, own and control all the copyright and other intellectual property rights in our website lesbianandgaynews.com and the material on our website; and all the copyright and other intellectual property rights in our website lesbianandgaynews.com and the material on our website are reserved.
Terms and Conditions dated 10th February 2021.