- THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we licence digital content to you for payment. By purchasing a licence for the digital content you agree to be bound by these terms and conditions.
- 1.2 Why you should read them. Please read these terms carefully before you submit your order to us or sign up for an ongoing subscription. These terms tell you who we are, how we will license digital content to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
- 1.3 Age Restriction. You must be over 18 to purchase a licence for the digital content.
- you are an individual; or
- 1.6 If you are a business customer this is our entire agreement with you. If you are a business customer these terms constitute the entire agreement between us. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
- INFORMATION ABOUT US AND HOW TO CONTACT US
- 2.1 Who we are. We are Hodder & Stoughton Limited, a company registered in England and Wales. Our company registration number is 00651692 and our registered office is at Carmelite House, 50 Victoria Embankment, London, EC4Y 0DZ. Our registered VAT number is 205505305.
The “TfL Bookclub” name is used under licence from Transport Trading Limited, a company registered in England under company number 03914810.
The TfL Bookclub website and the accompanying app have been developed and are maintained for us by Trellisys.net Pvt. Ltd, the owners of the Papertrell platform, whose registered office is at 572, 3rd Main, 2nd Block, R.T. Nagar, Bangalore, 560032, India.
- 2.2 How to contact us. If you have any queries about the website, the app, or the digital content that you have licensed, you can email us at firstname.lastname@example.org. It will help if you can label your email ‘TfL Book Club’ and tell us the name and email address that you used to register and (if relevant) your order number.
- 2.3 How we may contact you. If we have to contact you, we will do so by writing to you at the email address or postal address you provided to us in your order.
- 2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- OUR CONTRACT WITH YOU
- 3.1 How we will accept your order. Our acceptance of your order will take place when we make the digital content available for you to access or, in the case of a subscription, provide you with credits that can be used to access digital content. At this point a contract will come into existence between you and us. In some cases, you will need to have purchased a subscription before you can access or order other digital content via our website or app. Where this is the case, it will be stated on the website or app.
- 3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the digital content (or will refund you for any sums paid). This might be because the digital content is unavailable, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the digital content or because of technical problems.
- 3.3 Receipt of your order. We will send you an email to confirm receipt of your order.
- 3.4 Territories. Our digital content is only available to UK residents. If we are unable to accept your order for any reason we will tell you and will not charge you for the digital content (or will refund you for any sums paid).
- 3.5 Licensing of Digital Content. If you place an order for digital content or purchase a subscription and we accept that order we will license to you the non-exclusive right to access the specified digital content via our website and app. If you are a consumer, the digital content is for your personal, non-commercial use only. Any other use of digital content is strictly prohibited. You may not download (other than to our app), modify, transmit, publish, participate in the transfer or sale of, sub-license, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the digital content, in whole or in part. All intellectual property rights in the digital content and our website and app belong to us or our licensors. You have no intellectual property rights in or to the digital content other than the right to use it in accordance with these terms. When using our app you must comply with any applicable third party terms (including any terms provided by the third party store from which you downloaded the app).
- 3.6 Subscription credits. If you purchase an ongoing subscription, throughout the duration of your subscription you will be provided with a specified number of credits each month that can be used to purchase certain digital content (“Credits”). The number of Credits you will receive each month for your subscription and how you can use them will be stated on the website or app. We will select certain digital content each month that can be purchased using the Credits. All Credits must be used within 12 months of being issued. We may cancel any Credits not used within this time.
- 3.7 Additional Terms Applicable to the Apple App Store. The following terms and conditions apply to you only if you are using our mobile apps through the Apple App Store. You acknowledge and agree that these terms and conditions are between you and us, not Apple, and that Apple has no responsibility for our apps or the content in them. Your use of our apps must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation to provide any maintenance and support services with respect to our apps. In the event of any failure of our apps to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the app to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these terms and conditions. You acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to our apps or your possession and/or use of our apps, including, but not limited to: (i) product liability claims; (ii) any claim that an app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third-party claim that one of our apps or your possession and use of that app infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these terms and conditions. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms and conditions as they relate to your license of our apps, and that, upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third party beneficiary thereof.
- OUR DIGITAL CONTENT
- 4.1 Digital content may vary slightly from their pictures. The images of the digital content on our website and app (including cover images) are for illustrative purposes only. Your digital content may vary slightly from those images.
- OUR RIGHTS TO MAKE CHANGES
- 5.1 Changes to the digital content. We may change the digital content, for example:(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement technical adjustments and improvements, for example to improve performance, enhance functionality or content or address a security threat. These changes will not affect your use of the digital content.
5.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you paid for it.
PROVIDING THE DIGITAL CONTENT
6.1 Delivery costs. The costs of delivery, if any, will be as displayed to you before you pay for the digital content.
- 6.2 When we will provide the digital content. We will make the digital content available to you as soon as we accept your order or, in the case of digital content purchased using Credits, as soon as you apply the applicable Credit(s). If you have pre-ordered digital content, the date it is available will be displayed before you pay and the digital content will be available after that date.
- 6.3 We are not responsible for delays outside our control. If our supply of the digital content is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any digital content you have paid for but not received.
- 6.4 Reasons we may suspend the supply of digital content to you. We may have to suspend the supply of the digital content to you:(a) to deal with technical problems or make technical changes;(b) to update the digital content to reflect changes in relevant laws and regulatory requirements; or(c) to make changes to the digital content.
6.5 Your rights if we suspend the supply of digital content. We will contact you in advance to tell you we will be suspending supply of the digital content, unless the problem is urgent or an emergency.
- YOUR RIGHTS TO END THE CONTRACT
- 7.1 Ending your contract with us. Your rights when you end the contract will depend on what you have licensed, whether there is anything wrong with it, how we are performing, when you decide to end the contract and whether you are a consumer or a business customer:(a) If what you have licensed is faulty or misdescribed you may have a legal right to end the contract (or to get the digital content repaired or replaced or to get some or all of your money back), see Clause 10;
(b) If you are a consumer and have just changed your mind about the digital content, see Clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods; or
(c) If you want to end the contract because of something we have done or have told you we are going to do, see Clause 7.2.
7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (c) below the contract will end immediately and we will refund you in full for any digital content which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an error in the price or description of the digital content you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the digital content may be significantly delayed because of events outside our control; or
(c) you have a legal right to end the contract because of something we have done wrong.
7.3 If you are a consumer and have just changed your mind. You may be able to get a refund if you are within the cooling-off period but this may be subject to deductions.
7.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of digital content after you have started to download or stream it.
7.5 How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
7.6 . You can cancel your subscription at any time. If you cancel within 3 days of the monthly renewal of your subscription, your subscription may continue for a further month and you may be charged a further month’s subscription fee.
- HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER AND HAVE CHANGED YOUR MIND)
- OUR RIGHTS TO END THE CONTRACT8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) email. email email@example.com. Please provide your name, the name and email address that you registered with and details of the order.
(b) By post. Print off the form below and post it to us at the address on the form. Or simply write to us at that address, including your order number, details of what you licensed, when you ordered or received it and your name and address.
8.2 How we will refund you. If you are due a refund, we will refund you using the same method you used for payment.
8.3 When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
- OUR RIGHTS TO END THE CONTRACT
- OUR RIGHTS TO END THE CONTRACT8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
- 9.1 We may end the contract if you break it. We may end the contract for digital content or an ongoing subscription at any time by writing to you if you are in breach of it (for example, if you don’t make any payment to us when it’s due).
9.2 We may end a subscription by giving you reasonable notice. We may end an ongoing subscription at any time by giving you at least 30 days’ notice. Except in the circumstances described in Clause 9.3 below, if we end your subscription you will continue to have access to any digital content purchased during the subscription term (including any digital content purchased using Credits).
9.3 We may withdraw the digital content. We may write to you to let you know that we are going to stop providing the digital content. We will let you know at least 14 days in advance of our stopping the supply of the digital content. If we withdraw the digital content within 12 months of you first purchasing access to the digital content we will, at our option, provide the applicable digital content to you on an alternative format or refund you the price that you paid. If we withdraw the website and app and you have valid, unused Credits at that time, we will either offer you access to digital content of equivalent value to the unused Credits on an alternative format or refund you the value of the subscription for the months to which the unused Credits relate.
- IF THERE IS A PROBLEM WITH THE DIGITAL CONTENT
- 10.1 How to tell us about problems. If you have any questions or complaints about the digital content, you can contact us by email at firstname.lastname@example.org. Alternatively, you can write to us at FAO Marketing Director, Hodder & Stoughton, Carmelite House, 50 Victoria Embankment, London, EC4Y 0DZ
- 10.2 Your legal rights. We are under a legal duty to supply digital content that is in conformity with this contract. Nothing in these terms will affect your legal rights.
- PRICE AND PAYMENT
- 11.1 Where to find the price for the digital content. The price of the digital content or of a subscription (which includes VAT, if applicable) will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure that the price of the digital content advised to you is correct. However please see Clause 11.2 for what happens if we discover an error in the price of the digital content you order.
- 11.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the digital content we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the digital content’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the digital content’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could have been reasonably recognised by you as mispricing, we may end the contract and refund you any sums you have paid.
- 11.3 When and how you must pay. We accept payment by the means specified on our website. Payment must be made at the time of ordering. We use a third party payment provider, Stripe, Inc. to process payments. Please visit https://stripe.com/gb/privacy for further information.11.4 Taxes and fees. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- 12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- 12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the digital content.
- 12.3 Defective digital content. If defective digital content which 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 which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- 12.4 We are not liable for business losses. If you are a consumer, we only license digital content for domestic and private use. If you use the digital content for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU IF YOU ARE A BUSINESS
- 13.1 Nothing in these terms shall limit or exclude our liability for:
- HOW WE MAY USE YOUR PERSONAL INFORMATION(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
13.2 All terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
13.3 Subject to Clause 13.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of £100 and one hundred per cent (100%) of the total sums paid by you for the digital content.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
- 14.1 How we may use your personal information. We will only use your personal information as set out in our Privacy Notices www.hodder.co.uk/imprint/hodder/page/privacy-notice-general-hs/
OTHER IMPORTANT TERMS
15.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
15.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.3 Other people’s rights under this contract. This contract is between you and us. Subject to Clause 3.7 above, no other person shall have any rights to enforce any of its terms.
15.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
15.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
15.6 Which laws apply to this contract and where you may bring legal proceedings. Unless prohibited by applicable laws, these terms are governed by English law and you can bring legal proceedings in respect of the digital content in the English courts.
Last Updated: 25 July 2022
- THE SCHEDULE MODEL CANCELLATION FORM FOR CONSUMERS
(Complete and return this form only if you wish to withdraw from the contract)
To Hodder & Stoughton Limited, Carmelite House, 50 Victoria Embankment, London, EC4Y 0DZ.
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the supply of the following digital content [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate