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Terms and Conditions Terms and Conditions

Magazine Services Inc. (“MSI”) is an online facility which enables individuals to source magazines from around the world, and ship them to North America.  MSI provides the information contained on this website and the pages comprising the website and advertises and sells the magazines to you, subject to the terms and conditions set out herein and as may be referenced herein and as may be referenced herein unless otherwise stated.  For the purposes of these terms, “products” means those items offered for sale by MSI or the services made available from time via the website.  If we don’t have an item on our site, simply request a quote, and we will give you the accurate pricing of delivering the requested product to North America.

1. Use of site

You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. Deep-linking, embedding or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

2. Acceptance

By accessing and/or using the website, you agree to be bound by the terms. MSI may at any time modify any of the terms and such modification will supersede and replace any previous terms. The amended terms will be made available on the website. Each time you access the website and/or use the services offered via the website, you agree to be bound by the terms, as may be modified from time to time.

3. Content of the Website

Every effort is made to update the information provided on this website on a regular basis, MSI makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time. MSI reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website.

4.  Verification

You agree that all instructions, consents, orders and other communications that purport to originate from you or a person who had authority to act on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively “the originator”) and, which are sent to MSI electronically and, which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by MSI and you will be bound by such instruction with no liability of whatever nature attaching to MSI in regard thereto.
You waive any rights that you may have or obtain against MSI arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that MSI acts on your instructions/orders or instructions/orders purported to emanate from you and you indemnify MSI against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that MSI has acted on your instructions/orders or instructions/orders which purported to emanate from you.

5. Privacy Policy

We are committed to protecting your privacy. All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone. The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.
We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone.
Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail. By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. The form of communication will include but will not be limited to electronic mail, mobile communications (SMS), telephone calls and direct mail.

6. Privacy:  Casual Surfing

You may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

7. Choice of Law

This Website is controlled, operated and administered by Provider from its offices in Green Brook, New Jersey, USA. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of the United States of America ("USA") export laws and regulations. If the User accesses this Website from locations outside of USA, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the USA, and the User consents to the jurisdiction of the USA courts in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

8. Cookie Tracking

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

9. Orders, confirmation & delivery

The advertising of products via the website merely constitutes an invitation by MSI for you to make an offer to purchase products and we remain entitled to reject any order without giving reasons therefore. As erroneous or outdated prices may be displayed on this website from time to time, you agree that we will not be obligated to sell a product at such erroneous price. Once you have selected the product you wish to purchase and submitted your order to MSI, you will be given the opportunity to review the entire transaction and correct any mistakes, before electing whether to withdraw from the transaction or proceed with the transaction.

By clicking on the “purchase” or similar “final submit” button you are deemed to have submitted an offer to purchase the product/s selected by you (“order”) and the order cannot be withdrawn by you unless expressly agreed to by MSI. MSI reserves the right to cancel the order for any reason on notice to you. Receipt of a confirmation of the order (which constitutes acceptance by MSI to process the order) will be sent to you once we receive your order. Although the website is set up to confirm receipt of orders, technical or other problems may delay or prevent such confirmations. DO NOT resend your instruction if you do not receive a confirmation from us as this may lead to a duplicate transaction for which you will be held liable. Please note that a transaction will only be deemed to have been concluded once the product/service in question has been delivered/collected in accordance with the selected delivery option or agreed process. Delivery times are estimates only and we are not liable for any late deliveries.

A pre-order is not a completed or confirmed order. Although every effort will be made to source the requested product, we cannot guarantee the availability of any product. We also reserve the right to decline any pre-order without reason. Once in receipt of a pre-order we will reserve the product for purchase by you subject to stock availability. Final pricing of pre-ordered products may vary from the price displayed at the time the pre-order was placed. All pre-orders will be confirmed with you telephonically or via email.

A product request is not an order. Although every effort will be made to source the requested product, we cannot guarantee the availability or existence of any product. We also reserve the right to decline any product request. Once in receipt of a product request we will contact the relevant supplier to establish stock availability and pricing. All product requests will be confirmed with you telephonically or via email.
Any applications which you submit to us via the website will be subject to our normal approval processes and procedures. We reserve the right to withhold approval at our sole discretion. We reserve the right to verify the identity of any purchaser or the payment method used. This may require you being required to, inter alia, send us a copy of your identity document, proof of residence, copy of front and back of your credit card. Failure to do so may result in us cancelling the order without reason. Once payment is made for the purchase it is deemed that you have read and understood the terms and conditions for such purchase. If you do not agree to these additional terms & conditions then your application will be cancelled and you will not be entitled to use or access the product or service you have subscribed to.

10. Performance

All orders shall be processed within 48 hours from time of order. MSI shall notify you should any issues be unavailable for any reason whatever. For information on guarantees applicable to products purchased by you, please see our warranties / guarantee policy. You accept that the display of products is not necessarily a guarantee that a product is available.

11. Payment Options

All transactions will be processed in US dollars. We accept credit card payments via the website and COD payments mailed to:

Magazine Services Inc
207C US Highway 22
Green Brook NJ 08812 USA

12. Electronic Communications

When you visit carmagazines.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

13. Third Party Links

In an attempt to provide increased value to our Users, we may provide links to other websites or resources.  Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to the external terms and conditions of use. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

14. Unlawful Use

You shall not use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify MSI against any loss, liability, damage or expense of whatever nature which MSI or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any message or material as aforesaid.

15. Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MSI or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of MSI and protected by international copyright laws. All software used on this site is the property of MSI or its software suppliers and protected international copyright laws.

Any unauthorized copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for the purposes of ordering products from MSI. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of their respective owners. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of MSI.

16. Disclaimer of Warranties and Limitation of Liability

This site is provided by MSI on an “as is” and “as available” basis. MSI makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site.  You expressly agree that your use os this site is at your sole risk.

Save as set out in the terms, MSI makes no warranties, representations, statements or guarantees (whether express, or implied in law or residual) regarding the website and the products and the website and products made available via the website are provided “as is”.

Neither MSI, nor its directors, employees, officers, suppliers, or service providers make any representations or warranties of any kind, express or implied, as to the operation of the MSI website or the information, content, materials, or products included on the information, content, materials, or products included on the website. You expressly agree that your use of the MSI website is at your sole risk.  Notwithstanding anything to the contrary contained herein, MSI shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance of any information offered on or via the website and/or your use of the products.

Without limiting the generality of the aforegoing, MSI shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order be stopped or cancelled.

By accessing the website, you warrant and represent to MSI that you are legally entitled to do so to purchase any of the products advertised for sale via the website. You further warrant that all the details you have given are true and complete and that you are legally capable of concluding this transaction. If you are younger than (18) eighteen years of age or the age of consent in your jurisdiction you warrant that you have the consent of your legal guardian to enter into this agreement with MSI or that you have obtained legal status in another manner.

We may in our sole discretion at any time suspend or terminate the operation of this website without prior notice to you and without the need to give you reasons for such termination.

17. General

Without detracting from the provisions of your account terms and conditions, the terms constitute the sole record of the agreement between you and MSI in relation to your use of this Website. No indulgence or extension of time which either you or MSI may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
MSI shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.
All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these terms and conditions shall remain in full force and effect.
Should MSI be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as MSI is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding event. In the event that force majeure continues for more than (14) fourteen days after it has first occurred then MSI shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An “event of force majeure” shall mean any event or circumstances whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuituis, any act of God , strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.
These terms shall be governed by and construed in accordance with the laws of the USA without giving effect to any principles of conflict of law.  You hereby consent to exclusive jurisdiction of the USA in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.

Our terms and conditions shall apply to all transactions you conclude via this website.

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