Subscriptions and use of website terms and conditions
Last updated 06 December 2019
1. Contracting Party
Your contract is with Arts Intelligence Limited trading as ArtsProfessional (also known as “AP”, “we”, “our” or “us”). Arts Intelligence Limited is a company registered in England and Wales, number 03451166, with its registered office at Ground Floor 3 Wellbrook Court Girton Cambridge CB3 0NA. Our correspondence address is Arts Intelligence Limited, PO Box 1010, Cambridge CB24 9WH.
These terms and conditions (together with any documents referred to herein or required to be entered into pursuant to these terms and conditions) are governed by, and shall be interpreted in accordance with, the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
They contain the entire agreement and understanding between us and supersede all prior agreements, understandings or arrangements (both oral and written) relating to the subject matter of these terms and conditions and any such document.
We reserve the right to change these terms and conditions at any time by posting changes on this site (“the Website”). It is your responsibility to refer to these terms and conditions when accessing content.
You may not assign, sub-license, sub-contract or otherwise transfer to any third party (including any group company) your rights and/or obligations under these terms. We may assign, sub-license, sub-contract or transfer our rights to any third party at any time.
You accept that communication with us may be electronic. We may contact you by email or provide you with information by posting notices on the Website. You agree to this electronic means of communication and you acknowledge that all such communications that we provide to you electronically comply with any legal or contractual requirement that such communication be made in writing.
1.1 Limitation of liability
We are not liable, whether in contract, negligence or other tortious action or otherwise arising out of or in connection with these terms and conditions, your subscription and our publication of any digital content: (a) for any loss of profits, loss of data, loss of revenue or loss of goodwill; (b) for any indirect, special, economic and consequential damages, claims, losses, costs or expenses of any kind; or (c) in excess of the total subscription fee payable by you in respect of the 12 months preceding the relevant claim.
Our exclusions of liability shall not apply to (a) any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents; (b) fraud or fraudulent misrepresentation; and (c) any other liability which cannot be limited or excluded by applicable law.
2. The Website
The Website is operated by Arts Intelligence Limited.
2.1 Copyright notice
The Website is copyright Arts Intelligence Limited, or the copyright of third party contributors or licensors. All Rights Reserved. You may download and disclose extracts from the Website for your personal, non-commercial, use, and disclose extracts from the Website to others, provided that this is not for profit and ArtsProfessional is credited as the source of the content, including reference to this copyright notice and the disclaimer below.
Reproduction of part or all of the contents of the Website is prohibited unless for personal use. None of the content of the Website may be copied or otherwise incorporated into or stored in any other website, electronic retrieval system, publication or other work in any form (whether hard copy, electronic or other) without our express permission in writing.
For the avoidance of doubt, framing of this site or any part of it is not permitted without our express permission in writing. To seek permissions call +44 (0) 1223 200200 or email email@example.com.
We use reasonable endeavours to ensure that all content on the Website is accurate and up-to-date at the time of publication, but all warranties, conditions and terms implied by statute or common law are excluded to the fullest extent permitted by law.
We cannot accept liability for any particular material on the Website or as a result of any use of or reliance placed upon the information contained on the Website or any external links on the Website.
Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk, and you will be solely responsible for any damage to your own computer system or loss of data that results from the download of any such material.
2.3 Personal information
When you use the Website, you may provide us with personal information about yourself. We use such information to, amongst other things, improve the service we provide to you, provide you with information, products or services that you request from us or which we feel may interest you, for the purposes of record-keeping, and to notify you about changes to our services. Every care will be taken to ensure your information is protected.
We will not release, offer or sell any personal information you provide to other third parties, without first seeking your permission. We may disclose aggregated anonymous information regarding demographics and other similar information to third parties for reporting purposes only.
You are entitled to ask for a copy of the personal information we hold on you and to correct any inaccuracies. You may also update your personal information at any time by contacting us at Arts Intelligence Limited, PO Box 1010, Cambridge CB24 9WH.
Our Privacy Notice was most recently updated in May 2018 to become fully compliant with the General Data Protection Regulation (GDPR).
2.4 Email registration
If you are registered to receive any of our regular email bulletins, we may also send you ad hoc emails containing news and feature content; highlighting job and professional development opportunities; announcing research surveys and consultations; providing information about our own services; and disseminating information and marketing materials by third parties that relate to our editorial themes, and that we believe are relevant to those working in the cultural sector. Each email we send will have details of how you can deregister from future emails.
We may allow third parties, such as Google, to access anonymous data about you and your use of this Website in order to serve you remarketing adverts on websites across the internet.
The Website may use text files known as ‘cookies’ to gather information. Cookies can store information about your preferences on a particular site.
2.6 Third party sites
A subscription to ArtsProfessional comprises password-based or IP-based access to digital content delivered through the Website.
We will use reasonable endeavours to provide you with reliable access to all digital content, but we do not undertake or warrant that access will be uninterrupted. From time to time, we may temporarily suspend all or part of the digital content for (a) emergency repair, maintenance or improvement without notice; and (b) scheduled support and maintenance upon notice to you.
You shall keep secure your password to access our digital content. You shall immediately notify us of any known or suspected unauthorised access to our digital content of which you are aware, including if you have shared your user email address and password with anyone. We reserve the right to immediately suspend access to digital content if we suspect access details have been shared with a third party, pending investigation.
We neither have access to, nor hold any debit or credit card or bank details. These are passed securely directly to our payment processors.
3.1 Subscription types
3.1.1 Organisation Subscriptions
An organisation subscription is available to business entities, both incorporated and unincorporated. It is not available to organisations’ members, clients or associates, or to universities and colleges or their students.
This subscription type permits all current employees with an email address corresponding to your organisation’s web domain to register for access to all AP content. Registration gives you access to subscriber-only content and automatically includes all ArtsProfessional email bulletins. Each bulletin includes details of how to deregister.
This permission terminates when an employee leaves your organisation. It is the responsibility of your organisation to notify us of any changes to contact details of users across the entire account. To notify us about changes, including a change in organisation web and email domain, call +44 (0) 1223 200200 or email firstname.lastname@example.org.
At the point when an organisation subscription expires, whether due to cancellation, failed payments or any other reason, access to some or all paywalled content and some or all email bulletins will cease for all users registered with that organisation domain.
The organisation subscription fee scale relates to the number of full-time-equivalent employees working for your organisation. Organisations found to be under-claiming the number of employees working for their organisation will be asked to update their subscription to pay the appropriate fee. Failure to do so will result in their subscription being cancelled.
When purchasing an organisation subscription you must provide a main contact name, organisation name, telephone number and postal address, and a live email address that incorporates the organisation web domain, together with payment. If we are unable to communicate with the main contact at any time we will attempt to contact other employees eligible to access the Website through the organisation subscription. On request, or in the event of an organisation subscription lapsing or payment failing, the name and email address of the main contact and his or her email address may be disclosed to those other employees.
3.1.2 Individual subscriptions – personal and student
An individual subscription permits you to register for access to all AP content. Registration gives you access to subscriber-only content and automatically includes all ArtsProfessional email bulletins. Each bulletin includes details of how to deregister.
At the point when your subscription expires, whether due to cancellation, failed payments or any other reason, access to paywalled content and some or all email bulletins will cease.
You must provide a name, email address, telephone number and postal address, and authorisation for payments. As a student subscriber, you must also upload a copy of your current valid student photo ID card in your own name, detailing the institution name and valid dates of the card.
To notify us about a changes of address for an individual subscription, call +44 (0) 1223 200200 or email email@example.com.
3.1.3 University / college library subscriptions
A university/college library subscription grants access to all content on the Website for users entering from a specific IP address or IP address range. Subscriber email bulletins are excluded from this package.
At the point when your university/college library subscription expires, whether due to cancellation, failed payments or any other reason, access to paywalled content will cease.
As a university/college library subscriber, you must provide a main contact name, university/college name, telephone number, postal address, work email address, contact details for invoicing, and the IP address or IP address range which will be registered as the authorised subscriber IP address.
Should the main contact be unavailable for any reason when a need arises to communicate with them about the university/college library subscription, we reserve the right to contact other employees to resolve any issue, and the name and email address of the main contact may be disclosed to them.
To notify us about a change of address for a university / college subscription, including a change in organisation IP address or IP address range, call +44 (0) 1223 200200 or email firstname.lastname@example.org.
If you have purchased your subscription through a third party agency, please contact the third party to update your details, and instruct them to contact us accordingly.
You acknowledge that in placing a subscription order you have not relied on, and shall have no remedy in respect of, any statement, representation, warranty, understanding, promise or assurance (whether negligently or innocently made) of any person other than as expressly set out in these terms and conditions.
On receiving a prepaid subscription order from you (or in limited cases, a request for an invoice), we will confirm this by email, in the form of an invoice or receipt, to the email address you specify. A legally binding contract is formed on the date we send this. We are not responsible if you do not receive this email. This includes if you have supplied an incorrect email address or our email is identified as junk mail.
Orders for an annual subscription are accepted in advance for a 12-month period, which may be renewed automatically each year. Unless due to an error on our part, a payment card issuer or a bank (see section 3.6) no refunds will be made if you wish to cancel before the end of that 12-month period.
Orders for a monthly subscription are accepted in advance for a calendar-month, which may be renewed automatically each month. Unless due to an error on our part or by a payment card issuer or a bank (see section 3.6), no refunds will be made if you wish to cancel before the end of that 1-month period.
From time to time we may run subscription offers. These offers may be available to specific individuals or organisations only and this will be stated on the offer. If responding to an offer, the relevant offer code must be quoted at the time of ordering. We accept no liability and may not accept your order if you do not quote the relevant offer code. Offers are subject to availability and orders must be placed before the offer closing date.
We reserve the right to decline an order for any reason. All orders are subject to validation checks and authorisation by your payment card issuer or your bank in the case of Direct Debit payments. Should we decline or fail to process your order, we will notify you in writing. If your credit, debit card or bank account has already been debited, we will refund your payment within 28 days.
Prices will be subject to VAT (where applicable) or other taxes as indicated within the subscriber’s geographic jurisdiction.
With the exception of university/college library subscriptions, all payments must be made in advance either by credit/debit card, by continuous card authority or by Direct Debit.
Payment will be taken by credit or debit card when an order is received, unless payment is by bank Direct Debit, in which case it will be taken at a date to be confirmed by our Direct Debit payment processor.
Subscriptions paid for by continuous card authority or Direct Debit will automatically be charged and payment taken every month or year, depending on which payment period has been chosen. A minimum of 3 days’ advance notice will be given of any change in price for future subscription periods.
When a payment is made on behalf of an organisation, responsibility falls to the organisation to ensure that the person making the payment is authorised to do so. Payments are accepted in good faith and AP accepts no liability for payments made on behalf of the organisation by individuals who are not authorised to do so.
For a university/college library subscription we can issue an invoice as an alternative to online prepayment by card or Direct Debit. Invoices will become due for payment 28 days from the date on the invoice. If no payment has been made within 28 days, we reserve the right to suspend the subscription service until we are in receipt of cleared funds. You will remain liable for the full amount of the invoice. You acknowledge and accept that we shall be entitled to charge interest on any outstanding balance owed to us accruing on a daily basis from the date that the invoice became due for payment. We are not responsible if you do not receive the invoice. This includes if you have supplied an incorrect email address or our invoice is identified as junk mail.
If you request us to collect a payment by Direct Debit, confirmation of the amount and date for the collection will be given to you by our payment processor. All payments by Direct Debit are covered by the safeguards assured by the Direct Debit guarantee. If there are any changes to the amount, date or frequency of your payment AP will notify you at least 3 working days in advance of your account being debited or as otherwise agreed.
If an error by us results in an incorrect payment being received, we will refund you the value of any overpayment. If you receive a refund you are not entitled to, you must pay it back immediately on request when notified by us.
If the error results in you under-paying for your subscription, you will be asked to make good the shortfall. Failure to do so will mean that your subscription will be cancelled.
If you purchase a one-off annual organisation subscription we will contact you prior to the expiry of your subscription and invite you to renew it.
Cancellations can be made either by you as a subscriber or by us.
3.6.1 By ArtsProfessional
We reserve the right to cancel subscriptions that breach any of these terms and conditions, including but not limited to:
- if we are unable to obtain payment authorisation from the issuer of your payment card or your bank in the case of a Direct Debit.
- in the event of false claims relating to the status of the subscriber or subscribing organisation. For example, for underclaiming the size of an organisation or falsely claiming student status.
- if sanctions are imposed on your country of residence or the country where you access or receive our content.
Refunds for cancellation will only be given in the event of an error on our part, or by a payment card issuer or a bank, or in other circumstances at our sole discretion.
3.6.2 By the subscriber
As a subscriber you can cancel your subscription at any time by notifying us by phone +44 (0) 1223 200200 or email email@example.com.
You can also cancel a subscription by Direct Debit instruction at any time by contacting your bank or building society. You can cancel a subscription by continuous card authority by contacting us by phone +44 (0) 1223 200200 or email firstname.lastname@example.org. Except as set out in these terms and conditions, your cancellation shall be without prejudice to your obligation to pay the subscription fee. No refunds will be made for cancellations part way through an annual or monthly subscription (see section 3.2).
The cancellation of an organisation subscription must be initiated by the main contact. In the absence of the main contact, for example if they have left the organisation, we will accept a written cancellation initiated by a senior member of the organisation.
When an organisation subscription is cancelled or fails to renew, registered readers who were previously eligible for access to paywalled content and to receive some or all email bulletins may be informed by us, including disclosure of the name and email address of the organisation’s main contact. (See section 3.1.1)