Terms and Conditions

1. Copyright

© 2009 Afterall, University of the Arts, the author, artist (or estate) unless expressly stated otherwise in any of the Afterall publications. All rights reserved.

Afterall has obtained such permission from the rights holders, whenever possible. Whilst every reasonable effort was made by Afterall to obtain such permissions, some authors may have remained untraceable. Should you wish to be duly created as an author of a piece appearing in any of the Afterall publications of which you have asserted your moral rights (or any similar rights in any other applicable jurisidiction), please email us at contact[at]afterall[dot]org.

2. Data Protection and Use of personal information

Afterall collects data from users that register to use the services provided. This data can sometimes comprise personal data about individuals, to which UK data protection laws apply. We use the personal and transactional information (e.g. name, address, email address, credit card details) ('Personal Information') you supply to us in order to fulfil your subscription order.

3. Afterall Subscription and Sales Terms and Conditions

If you do not agree with any part of these terms and conditions do not place an order. If you have any questions please contact: contact[at]afterall[dot]org.

3.1 Contracting Party

Your subscription contract will be fulfilled by University of the Arts London, a higher education corporation with its principal place of business at 65 Davies Street, London W1K 5DA, together with its agents and sub-contractors.

3.2 When the Subscription Contract Is Formed

When you click 'Place Order' to submit your order on-line, or you fax, post or telephone us with details of your order, you are making an offer to take out a subscription which if accepted by us, will result in a binding contract.

If placing your order on-line, your credit/debit card will be debited when you click "Submit Order". Although you will either see a page or receive an email if you have supplied your email address acknowledging that your order has been received successfully and is being processed, the contract between us is not formed at this point. A legally binding contract is formed on the date we send you written confirmation of your order.

You will receive this written confirmation within fourteen (14) days of submitting your order. We will not be responsible if you fail to receive the written confirmation because you have supplied us with an incorrect postal address.

We reserve the right not to accept or process your order for any reason. All orders are subject to validation checks and authorisation by your payment card issuer. If we do not accept your order and your credit/debit card has already been debited, we will notify you and refund your card in full immediately.

3.3 Right to Refuse Orders

We reserve the right not to fulfil and to cancel orders:

(i) in the event of obvious inaccuracies in prices, except that we may fulfill your order at the correct price; and/or

(ii) if we are unable to obtain payment authorisation from the issuer of your payment card.

3.4 Delivery

We will deliver the journals to the address you notify to us when you place your order. Please allow up to eight (8) weeks following publication of your chosen issue for delivery. You agree that we will not be responsible for failure to deliver the journals if you have supplied us with an incorrect address. We reserve the right to dispose of incorrectly addressed envelopes and their contents without an obligation to refund you or any other person if they are returned to us and despite efforts to contact you we do not receive correct address details.

3.5 Delay in Delivery and Non-delivery

We will not be liable to you for any delay in delivery or non-delivery of journals in the following circumstances:

(i) where the issuer of your payment card refuses to authorise payment to us; and/or

(ii) where such delay or failure is due to circumstances beyond our control or the control of our sub-contractors and agents, including but not restricted to war, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees.

3.6 Cancellations and Refunds

Where a minimum term of twelve (12) months is advertised as part of the subscription offer, cancellations are not permitted until the end of this initial period and we will not issue you a refund. Should you wish to cancel after the minimum term, please contact contact[at]afterall[dot]org.

For all other subscriptions or after the minimum term of your subscription, you may cancel your subscription contract at any time by notifying contact[at]afterall[dot]org. We will refund you the cost of the issues not yet issued to you at the time you notify us of your wish to cancel.

3.7 Price Information

Prices displayed on the subscriptions section of the website will prevail at all times in relation to orders placed on-line. Prices quoted on screen include delivery charges and taxes (where applicable).

Although we try to ensure that all prices are accurate, errors may occur. If we discover an error in the price of your order, we will inform you as soon as possible. You will have the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. We will refund you in full if you cancel the order and have already paid.

4. Liability

We cannot guarantee that our website will always be available to you and we shall not be liable if for any reason our website is unavailable at any time or for any period. We also cannot guarantee that material which you downloaded, or have access to, from our website will be free of bugs, viruses or other harmful or disruptive elements, and we will not be liable for any loss or damage caused by any such material.

All subscribed and free information and materials (such as essays and articles) provided to you are made available on an "as is" and "as available" basis. Whilst we take all reasonable care when making our own information, and materials available to you, we can make no promises as to their accuracy, completeness or quality. You make use of them (and of the other information and materials available on our website) at your own risk and you should seek further guidance and make your own enquiries before relying on them.

In no circumstances shall we be liable to you, whether in contract or tort, negligence, breach of statutory duty or otherwise, for any direct, indirect, consequential or other types of loss or damage, arising out of or resulting from your use of (or inability to use) our website, goods and services. Nothing however in these terms and conditions shall exclude or limit our liability to you for death or personal injury resulting from our negligence, or for our fraud.

These Terms and Conditions do not and shall not affect your statutory rights as a consumer.

5. Third Party Rights

A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any provision of them.

6. Unauthorised Access to Personal Information

Unless a member of our staff has been fraudulent or negligent, we will not be liable to you for any losses you may suffer as a result of unauthorised access by a third party to the information (including in particular credit/debit card details) you transmit when you place an order. It is your responsibility to ensure the security of your own credit/debit card details to avoid unauthorised use.

7. Changes to these terms and conditions

We may change these terms and conditions from time to time. Any changes will be displayed on our website. You are deemed to have agreed to any changes when you next use our website following such changes.

8. Governing Law and Jurisdiction

These Terms and Conditions are governed by English law. You hereby irrevocably submit to the exclusive jurisdiction of the English courts notwithstanding the jurisdiction where you are based.

9. Entire Agreement

These Terms and Conditions override any contrary terms or conditions published by us in relation to any order placed by you with us.

10. Queries

If you have any queries or comments about your subscription please email contact[at]afterall[dot]org.