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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. |