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