Terms and Conditions

Tweak Ltd Subscription Terms and Conditions

 

Location - https://www.thedeveloper.live/terms-and-conditions

Version – December 2024

 

Subscriptions Terms and Conditions

December 2024

Thank you for choosing Tweak Ltd to service to support you and your business. Please note your order will be subject to the terms and conditions below. These terms and conditions supersede all previous versions and apply to all existing subscriptions.

 

1. CONTRACTING PARTY

Your subscription contract will be fulfilled by Tweak Ltd.

 

2. SUBSCRIPTION CONTRACT

2.1 When you are buying a subscription, you are making an offer to take out a subscription which, if accepted by us, will result in a binding contract.

 

2.2 If placing your order online you must provide your credit card or debit card details and authorisation to deduct payment, at the time you submit your order. Your credit/debit card will be debited when you place your order. Although you will see an online confirmation page and receive an email acknowledging that your order has been received successfully and is being processed, the contract between us is not formed at this point.

 

2.3 If placing your order for a multi-user corporate subscription via telephone, email, or post you must provide purchase order details and authorisation to invoice you, at the time you submit your order.

2.4 A legally binding contract is formed on the date we send you written confirmation of your initial order - either via email or post (the “Order Confirmation”). We will not be responsible if you fail to receive the written confirmation because you have supplied us with an incorrect email or postal address or if your payment cannot be processed.

2.5 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. Where we do not accept or process your order in accordance with this clause 2.5 we will notify you in writing and where your credit card or debit card has already been debited, we will refund your payment within 30 days of such notification.

 

2.6 We occasionally include new and renewing customers in our marketing communications. You acknowledge and accept that we have the right to use your company name as part of ongoing marketing and public relations. Such announcements shall not be disparaging or otherwise adverse to your business.

2.7 If we agree to invoice you rather than request payment on the placement of your order, the invoice will become due for payment 30 days from the date on the invoice. If no payment has been made after 30 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 on 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.

2.8 If there are any changes to the amount, date or frequency of your payment Tweak Ltd will notify you 10 working days in advance of your account being debited or as otherwise agreed. If you request Tweak Ltd to collect a payment, confirmation of the amount and date will be given to you at the time of the request. 

2.9 All payments by Credit Card are covered by Section 75 of the Consumer Credit Act.

When purchasing a subscription for yourself, you are protected by Section 75 of the Consumer Credit Act. Your credit card company is jointly and severally liable for any breach of contract or misrepresentation by OMG.

3. RIGHT TO REFUSE ORDERS

We reserve the right not to fulfill, and to cancel, orders if we are unable to obtain payment authorisation from the issuer of your payment card or cheque, or in the event of obvious inaccuracies in prices.

4. CANCELLATION

4.1 Once an order has been accepted, you are unable to cancel or amend it without the express written consent from Tweak Ltd. Recipients within a corporate subscription may be transferred during the subscription period, however personal subscriptions are not transferrable. 

5. CONTRACT TERM & REFUND POLICY

5.1 All our subscription contracts are on an auto-renew basis and payment will be taken every 6 months. Subscriptions are for a minimum 12 month period, including subscriptions which begin with introductory rates. 

 

5.2 We may terminate your subscription immediately without a refund if you breach any of the terms in these terms and conditions.

 

6. DELIVERY OF ONLINE CONTENT AND PRINTED MAGAZINES

6.1 If applicable, we will deliver any printed magazines in your subscription to the address you supply to us when you place your order. Please change your address on Shopify if you change your address. We will not be liable to you for any non-delivery to you if you fail to notify us of a change of address. If applicable, we will provide full daily access to website and or tablet content using the email address you provide at the time of registration. We will not be liable to you for any interruption to access if you fail to notify us of a change of email address.

 

6.2 You agree that we will not be responsible for failure to deliver the magazines if you have supplied us with an incorrect address. We reserve the right to dispose of incorrectly addressed magazines and their contents without an obligation to refund you or any other person if they are returned to us and, despite reasonable efforts to contact you, we do not receive correct address details within 14 days of their return to us.

 

6.3 In the case of a multi-user organisation membership subscription, it is the responsibility of the main contact at the end user company to notify Tweak Ltd of any changes to contact details or subscribers across the entire account. These details will then be updated accordingly. You agree that your subscription covers named users within your organisation and user login details will not be shared with other individuals. You are able to purchase and add additional named users to your subscription at any time.

 

6.4 You have the right to transfer a user of a multi-user organisation subscription as necessary, however partial cancellations or refunds are not applicable in accordance with clause 5.1.

 

6.4 If you have purchased your subscription through a third party subscriptions agency, please contact the third party to update your details and they will contact us accordingly.

 

7. DELAY IN DELIVERY AND NON-DELIVERY

7.1 We will not be liable to you for any delay in delivery or non-delivery of any printed magazines in your subscription in the following circumstances;

 

(i) where the issuer of your payment card or cheque refuses to authorise payment to us; or you have not paid when you have been invoiced;

(ii) where such delay or failure is due to circumstances beyond our reasonable control (or the reasonable 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, postal strikes or malicious damage involving employees.

 

7.2 Our liability to you in the event of any printed magazines in your subscription being lost in despatch shall be limited to replacement of the missing issue(s).

 

8. SUBSCRIPTION OFFERS

 

8.1 From time to time we will run subscription offers and gifts. These offers may be available to new subscribers only and this will be stated on the offer.

 

8.2 If an offer is available, customers must clearly state/quote the relevant priority code at the time of ordering to be eligible for the offer. We accept no liability for your failure to state/quote the relevant priority code.

 

8.3 Offers and gifts are subject to availability.

 

8.4 Where the offer has a closing date, we will not accept orders for the relevant offer after the stated date.

 

9. CONTENT

9.1 All rights in the content of any Tweak Ltd websites and printed magazines are owned by us or our licensors. No part of any such content may be reproduced in any form without our prior written permission or as permitted by law. You may only use the content for your own requirements in the course of your business.

 

9.2 We use reasonable endeavours to ensure that all information contained in printed magazines and on websites 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.

 

10. LIABILITY

10.1 Subject to clause 10.2 we will not be liable (i) for any loss of profits, loss of revenue or loss of goodwill; nor (ii) for any indirect, special, economic and consequential damages, claims, losses, costs or expenses of any kind whether in contract, negligence or other tortious action arising out of or in connection with these terms and conditions, your subscription and our publication of any printed or online magazine; nor (iii) in excess of the total subscription fee payable by you in respect of the 12 months preceding the relevant claim.

 

10.2 Our exclusions of liability shall not apply to (i) any damages arising from death or personal injury caused by our negligence or that of any of our employees or agents; (ii) fraud or fraudulent misrepresentation; and (iii) any other liability which cannot be limited or excluded by applicable law.

 

11. GENERAL

 

11.1 We reserve the right to change these terms and conditions at any time by posting changes on the brand’s website or in the magazine. It is your responsibility to refer to these terms and conditions when accessing the brand’s website or the printed magazine.

 

11.2 These terms and conditions (together with any documents referred to herein or required to be entered into pursuant to these terms and conditions) contains the entire agreement and understanding between us and supersedes all prior agreements, understandings, or arrangements (both oral and written) relating to the subject matter of these terms and conditions and any such document.

 

11.3 You accept that communication with us may be electronic. We may contact you by e-mail or provide you with information by posting notices on the brand’s 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.

 

11.4 You acknowledge that in placing an 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.

 

11.5 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.

 

12. GOVERNING LAW AND JURISDICTION

 

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.

 

13. PRIVACY POLICY

13.1 We use any personal and transactional information (e.g. Name, address, e-mail address, debit or credit card details) you supply to us in order to fulfill your subscription, and to contact you to keep you up to date with important information about your subscription.

 

13.2 Please refer to our Privacy Policy.

 

Force Majeure

Tweak Ltd will not be held responsible for circumstances beyond its control. Tweak Ltd, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Inside Housing Print or Online Content that may result directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to national emergency, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, spread of communicable disease(s), insolvency, strikes or other labour problems, wars, or governmental restrictions. 

 

Important Note: Payment terms are 30 days from date of invoice, late payment will result in an automated removal of viewing access to on-line content which will take up 48 hours after verified notification of payment.

 

Copyright Notice

 

This website and its content is copyright of “Tweak Ltd” - © “[Tweak Ltd]” 2024. All rights reserved.

 

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

• You may print or download to a local hard disk extracts for your personal and non-commercial use only
• You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

 

Security

 

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We use secure server software (SSL) for encryption when collecting or transferring sensitive data such as credit card information. We do not store credit card details, nor do we share customer payment details with any 3rd parties.

 

Liability

 

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this website.

 

Technical Issues

 

Every effort is made to keep the website up and running smoothly. However, Tweak Ltd takes no responsibility for and will not be liable for the website being temporarily unavailable due to technical issues beyond our control.

 

Other Websites

 

This website may contain links to enable you to visit other websites of interest. However, once you have used these links to leave our website you should note that we do not have any control over those external websites. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites and such websites are not governed by this Privacy Statement. You should exercise caution and read the Privacy Statement applicable to the website in question.

 

In addition, if you have linked to this website from a third party website, we cannot be responsible for the privacy policies and practices of the owners or operators of that third party website and recommend that you check the policy of that third party website and contact its owner or operator if you have any concerns or questions. In addition, if you have linked to this website from a third party website, we cannot be responsible for the privacy policies and practices of the owners or operators of that third party website and recommend that you check the policy of that third party website and contact its owner or operator if you have any concerns or questions.

 

Event Terms and Conditions

 

These Terms and Conditions are between Tweak Limited (“Tweak Ltd”) and the person who completes the relevant booking form (“You”) for the Tweak Ltd Event as described in the booking form (“Event”).

 

Registered Office: Tweak Ltd, 124 City Road, London, EC1V 2NX. Registered in England & Wales, Company No. 12331090

 

Confirmation of bookings

1. All bookings are subject to availability and acceptance by Tweak Ltd, which will be confirmed in writing (by e-mail) after Tweak Ltd has received the booking details via our online platform
2. Once Tweak Ltd have confirmed your booking in writing there shall be a legally binding contract between yourself and Tweak Ltd and You agree to be bound by these terms and conditions
3. At the time of booking You may be required to pay a fee and there may be additional information required by Tweak Ltd.
4. Tweak Ltd reserves the right to refuse to accept any booking in its absolute discretion.

Fees

5. Fees for the Event are correct at the time of publication and mean the fees payable to Tweak Ltd in connection with this contract.
6. Tweak Ltd reserves the right to change the Fees at any time, but changes will not affect registrations which have already been confirmed by Tweak Ltd and paid by You. If the fees have not been paid at time of the acceptance of the booking, then any increases in fees will apply to the booking.
7. The Fees are payable at the same time as You submit your booking form payable by BACS or debit/credit card. In the event that the fee is not paid you will still be bound by these terms and conditions.
8. You acknowledge that Tweak Ltd cannot guarantee places held on a provisional basis and that places may sell out.
9. The Fees include one place at the Event, and Event materials.
10. The Fees do not include travel to or from the Event or any accommodation costs incurred.
11. Delegate places cannot be shared.
12. Early bird discount rates for the Festival of Place expire on 31 August 2020 at 11:59 pm. Booking made after this date will be charged at the normal rate.
13. Please provide email details for each delegate so they can be directly informed of any conference programme changes, updates and news to help them plan their visit.
14. Under VAT Excise regulations delegates from all countries are required to pay VAT @ the current rate of 20% on all Events taking place in the United Kingdom. For Events in other countries, delegates are required to pay any VAT, excise duty or other sales tax which is applicable. In the event that the rate of VAT changes you will be liable to pay the current rate at the time of the change.

Changes, Cancellations and Postponements

15. Whilst our programmes are correct at the time of going to press, in certain circumstances it may be necessary for Tweak Ltd to alter the content, format, venue or timing of an Event. All delegates will be notified of such changes prior to the Event.
16. Cancellations have to be made in writing. If You cannot attend an Event for which You have registered, please contact Tweak Ltd as soon as possible (and in any event no later than 24 hours before the Event) at info@thedeveloper.live. Tweak Ltd may at its absolute discretion allow You to send a substitute in your place (provided Tweak Ltd has received the details of such substitute) or allow You to attend the next available Event.
17. If You notify us that You wish to cancel your attendance at an Event for which a Fee is payable, then cancellation charges shall apply as, which You agree represent a genuine pre-estimate of the costs Tweak Ltd will incur as a result of cancellation:

Written notice received by us	% of Fee to be charged
More than 28 days prior to -- but within 40 days of -- the first day of the Event	50%
Within 28 days to the first day of the Event	100%

 

18. The refund will be distributed in the same form as the original payment was received (e.g. credit card payment will refund to same credit card account number).
19. Registered delegates who do not attend the event will still be liable for the full amount and will not receive any refund if payment has already been made regardless of the time of booking.
20. To guarantee admission, payment must be received prior to the event.
21. Tweak Ltd may in exceptional circumstances need to postpone or cancel an Event, and we will notify You as soon as reasonably practicable of any such postponement or cancellation. If an Event is cancelled, or if an Event is postponed and You cannot attend the rearranged date, we will refund any Fees You have paid. You agree that Tweak Ltd’s liability to You will be limited to the amount of the Fees You have paid and Tweak Ltd will not be liable to You for any expenditure, damage or loss including accommodation or travel expenses but not limited to these and incurred by You as a result of the cancellation or postponement.
22. Tweak Ltd reserves the right to cancel your attendance at the Event and retain any Fees received in respect of your proposed Event attendance if You (or any of the shareholders or directors of the legal entity which You represent) become(s) subject to any Sanction, or continuation of these terms which would (in the reasonable opinion of Tweak Ltd) expose Tweak Ltd or any of its affiliated companies to any Sanction, where “Sanction” means any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom, Hong Kong or United States of America.

Your attendance at the Event

23. Please advise us of any special access requirements at the time of making your booking.
24. Tweak Ltd reserves the right, without any liability, and without prior notice to refuse You admission or eject You from the Event for failure to comply with these Terms; or if in Tweak Ltd’s opinion You represent a security risk, nuisance, or annoyance to the running of the Event.
25. You are only permitted to take photographs at the Event, for your own personal use. You must not make video or audio recordings at the event or of any session within the Event, or use any recordings or photographs for commercial purposes, without prior written consent from Tweak Ltd. We reserve the right to withdraw consent at any time either before or during the event.
26. You acknowledge that the Event or part of it may be filmed by audio, visual, audio-visual or electronic means or photographed, including photographs of individuals or groups of delegates. You agree to permit Tweak Ltd, or any third party licensed by Tweak Ltd, to use and distribute such footage and photographs, which may feature images of You, in all or any media (including social media) whether now known or hereafter to be invented throughout the world in perpetuity for the purposes of advertising, publicity, reporting and otherwise in relation to the exploitation of such recordings and photographs. Please inform Tweak Ltd if You do not wish to be included in any individual or group photographs.
27. You are responsible for arranging your own appropriate insurance cover in connection with your attendance at the Event. To the maximum extent permitted by law, Tweak Ltd shall not be liable for any kind of loss or damage to You or your personal property, unless caused by Tweak Ltd’s negligence.
28. Materials distributed by or on behalf of Tweak Ltd at an Event may not be reproduced without Tweak Ltd’s written permission.

Tweak Ltd Liability

29. Views expressed by speakers are their own and Tweak Ltd disclaims all liability for advice given or views expressed during an Event. Materials distributed at an Event are intended for information only and should not be relied upon.
30. To the maximum extent permitted by law, Tweak Ltd shall not be liable to You for any direct, indirect, economic or consequential loss or any loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings arising in connection with this Agreement, even if You have been advised of the possibility of such loss or damage.

Your details

31. By submitting registration details, You agree to allow Tweak Ltd to contact You as required for the organisation and administration of the Event. Tweak Ltd will comply with its privacy policy in respect of your registration details and other information we hold about you.
32. Information about Tweak Ltd Group and our privacy policy is available at thedeveloper.live/privacy-policy If you have any queries or concerns about the policy, please get in touch with us using info@thedeveloper.live or write to us at Tweak Ltd, 124 City Road, London. EC1V 2N and we will do our best to answer your questions.
33. Tweak Ltd may provide a delegate list to all attendees and contracted sponsors at the event which will only include the first name, surname and company name provided when registering. If You do not wish to have your details published within the delegate list, please contact info@thedeveloper.live. Delegates who register for the online attendee directory acknowledge and agree that they shall not, under any circumstances, use the delegate list for their own promotional and marketing purposes.

Other

34. These terms and conditions contain the entire agreement between You and Tweak Ltd.
35. If any provision of these terms is held to be invalid, illegal or unenforceable for any reason, such provision shall be severed and the remainder of the provisions will continue in full force and effect as if the terms had been executed with the invalid, illegal, or unenforceable provision omitted.
36. Any express or implied waiver to perform any obligations under these terms will not prevent the subsequent enforcement of them by Tweak Ltd.
37. Except as set out in these Terms and Conditions no variation of the contract including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by us.
38. A person who is not a party to these terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these terms.
39. This contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the law of England and Wales. Nothing in this clause shall limit Tweak Ltd's right to take proceedings against You in any other court of competent jurisdiction.
40. Tweak Ltd will not be liable to You as a result of any delay or failure to perform its obligations under the Contract as a result of a Force Majeure event. Force Majeure means any event beyond our reasonable control.
41. If You have any questions about these Terms & Conditions, please contact info@thedeveloper.live
42. Any notice or communication to Tweak Ltd will be sent by prepaid first-class post to Tweak Ltd’s registered address.
43. These terms and conditions were published in January 2020 and apply to all bookings placed from that date until these terms and conditions are superseded by a new version.