These T&Cs sets out the terms of a legally binding agreement between you and Envsion Magazine here referred to as EN Magazine. Please read them carefully.
1. Introduction
This page sets out the terms and conditions on which you may use at envsionmag.com (which we call “EN Magazine Content”).
In these terms we use the term “envsionmag.com” to refer to our website at www.envsionmag.com which represents Envsion Digital Magazine.
Except where we state otherwise, references in these T&Cs to “EN Magazine” (or “we”, “us” or “our”) refer to the company operating envsionmag.com.
These terms apply in different ways depending on what type of user you are, as follows:
Individual subscribers: These terms apply to your use of envsionmag.com and all EN Magazine Content irrespective of the delivery platform or device you use to access it.
By accessing envsionmag.com you are agreeing to these terms and conditions. If you do not agree with the terms and conditions you should not use envsionmag.com or any of EN Magazine Content and should cancel any subscription in accordance with your cancellation rights.
We strongly recommend that you read these terms and conditions in their entirety. For further details of our registration and subscription options, please see our Registering and Subscribing Guide.
Corporate subscribers: Your continued access is primarily governed by the subscription agreement of the organisation through which you are able to use the envsionmag.com website. By accessing envsionmag.com you are agreeing to these terms and conditions. If you do not agree with these terms and conditions, then you should not use envsionmag.com or any EN Magazine Content.
All users: EN Magazine may update these terms and conditions for legal or regulatory reasons, or to reflect changes in our services or business practices without necessarily consulting you. Any changes to our terms and conditions will become effective from the date of your next subscription following the change unless we notify you otherwise. If you are not an envsionmag.com subscriber, any changes will become effective as soon as we post them.
2. Access and Use
Our ability to invest in high quality journalism depends on our users complying with this section. Please read our Copyright Policy that summarises how you are allowed to use EN Magazine Content and provides guidance on the types of use we do not permit without authorisation from EN Magazine. You agree that you will comply with our Copyright Policy.
Organisations that may be using EN Content without the appropriate permissions may approach us with a view to discussing the purchase of a license to legitimise that use.
The amount and types of EN Magazine Content that you can view, and the platforms on which you can view it, depend on what type of user you are and what type of subscription (if any) you have. We can vary the access rights of registered users who are not accessing through a paid subscription at any time at our discretion.
3. Privacy Policy and Registration
All information received by us from your use of envsionmag.com will be used by EN Magazine in accordance with our Privacy Policy.
On registration, you must provide EN Magazine with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable envsionmag.com registration or subscription pages. EN Magazine is entitled to rely on any information you provide to us.
Each registration is for a single user only. On registration, you will choose a user name and password (“ID”). The email address that you provide on registration must correspond to a named email account and not a generic or shared email account. You are not allowed to share your ID or give access to EN Magazine Content through your ID to anyone else. EN Magazine may cancel or suspend your access to envsionmag.com if you share your ID without further obligation to you.
You are responsible for all use of envsionmag.com. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify EN Magazine immediately via contact information on “Contact Us”.
If you provide EN Magazine with an email address that will result in any messages we may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or colleague) then you promise that you are entitled to receive those messages.
4. Personal Subscription Services and Temporary Access Passes
We offer subscription services through envsionmag.com and recommend that you read our Frequently Asked Questions for more details and before purchasing a subscription.
Types of subscription: Unless you purchase a subscription to use envsionmag.com then your usage rights will are limited.
EN Magazine reserves the right to vary the amount of content and types of service that it makes available to different categories of user.
Contract formation: By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription. EN Magazine reserves the right to reject any offer in its discretion, for any or no reason.
Payment details: when you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorisation or any authorisation is subsequently cancelled, we may immediately terminate or suspend your access to your subscription.
In suspicious circumstances we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you.
Pricing: The subscription price will be made clear to you on our sign-up pages or otherwise during the sign-up process and may vary from time to time. You agree to pay the fees at the rates notified to you at the time you purchase your subscription. For certain subscriptions you can take out either an annual or monthly (or other frequency we offer) subscription.
Other subscription services may only require a one-off payment. The currency in which your subscription is payable will be specified during the order process. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. We will always tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.
Trial subscriptions: where we provide a trial subscription, we will inform you of the full subscription price that is payable after the trial period. After the trial, your subscription will renew automatically at the full subscription price unless you cancel your subscription before the end of the trial.
Please note that no more than one trial subscription per subscriber is allowed in any twelve month period. We reserve the right to cancel any trial subscription immediately, without refund, if we become aware that the subscriber has already had another trial subscription in the previous twelve months.
Pricing errors: If we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and we reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription without any obligation to us and we will refund you any money you have paid us in full, or you may pay the correct price.
If you refuse to exercise either of these choices then we may cancel your subscription and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.
5. Renewal and Cancellation of Individual Subscriptions
Renewals: If you chose to pay monthly via credit or debit card, your subscription will continue until you tell us that you no longer wish to receive it, in which case you will stop paying the monthly fees. If you chose to pay annually, at least 14 days before each renewal you will be sent a reminder notice stating the rate that will apply for the renewal period.
Unless you notify us before the end of your annual subscription period that you no longer wish to receive it, your annual subscription will renew for another year. We will charge the subscription using the same card or other payment method that you previously used.
Cancellation: You may notify us of your wish to cancel your subscription by contacting us. Please then include: The subscribers full name (person on the billing information if different from the user), Email address and your contact telephone number.
Cancellations by us: EN Magazine reserves the right to suspend or terminate your subscription if you breach these terms and conditions, with or without notice and without further obligation to you. We may also suspend or terminate your subscription if we are prevented from providing services to you by circumstances beyond our control.
EN Magazine reserves the right to suspend or terminate your subscription without refund in the event of any verbal or written abuse of any kind (including abusive, offensive or aggressive language) directed towards our Customer Care team or other EN Magazine personnel.
6. User Generated Content (UGC)
Envsionmag.com includes comments sections, blogs and other interactive features that allow interaction between users and us. Information posted by users is what we refer to as “User Generated Content” or “UGC”.
You will retain ownership of the copyright in any of your UGC that you or we publish on envsionmag.com so you are free to re-use it as you wish.
You agree that if you submit UGC to our website then you are granting EN Magazine a right (but not an obligation) unlimited in time to publish, re-use, archive, modify, delete or commercially exploit that UGC in whole or in part as we see fit, whether on envsionmag.com or otherwise, without any requirement to pay you for this and with or without attribution to you.
This means that you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license to use any UGC you publish in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You also waive any moral rights that you may have in regard to the UGC.
You are responsible for all the content of any of your UGC that you or we publish. You are financially responsible to us for any claim against us by any third party that your UGC is not in accordance with the bullet points below or that otherwise relates to your UGC.
You agree that you will:
- Only publish UGC that is your original content and will not infringe the copyright or other rights of any third party when publishing UGC.
- Not post, link to or otherwise publish any UGC containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication.
- Not post, link to or otherwise publish any UGC with recommendations to buy or not buy a particular share or other investment or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any share or other investment.
- Not post, link to or otherwise publish any UGC that is threatening, offensive, libelous, indecent or otherwise unlawful.
- Not post comments that are discriminatory in nature, for example, comments which make attacks on the grounds of race, religion, sex, gender, sexual orientation, disability or age.
- Respectfully challenge different points of view but not personally attack other commentators.
- Not disguise the origin of any UGC and not impersonate any person or entity (including EN Magazine staff) or misrepresent any connection with any person or entity.
- Not post or transmit any UGC that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of envsionmag.com or any computer software or equipment.
- Not collect or store other users’ personal data.
UGC is submitted by users over whom EN Magazine has no control so we cannot therefore guarantee the accuracy, integrity or quality of any UGC. Some users may not behave properly and may post UGC that is misleading, untrue or offensive.
It is not possible for EN Magazine to fully monitor all UGC published on envsionmag.com but where we have actually received notice of any UGC that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions, then we will review that UGC, decide whether to remove it from envsionmag.com and act accordingly.
7. Third Party Sites and Services
Envsionmag.com may contain links to other Internet websites or online and mobile services provided by independent third parties, including websites of our advertisers and sponsors, either directly or through frames. Third Party Sites may be co-branded with EN Magazine and so include our trademarks.
It is your decision whether you purchase or use any third party products or services made available on or via Third Party Sites. EN Magazine will not accept any obligations resulting from your purchase or use of product or service from the Third Party Sites. Our Privacy Policy does not apply to Third Party Sites.
Envsionmag.com contains advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on EN Magazine complies with international and national law. EN Magazine is not responsible for any error or inaccuracy in advertising or sponsorship material.
8. Our Responsibilities To You
Here we make it clear to what extent, if any, EN Magazine accepts responsibility (liability) to you for your use of envsionmag.com or its content or in respect of any third party products or services that we refer to or link to on envsionmag.com.
Unless you are a subscriber to envsionmag.com, we accept no financial responsibility to you arising from your use of envsionmag.com and its content. If you are a subscriber to envsionmag.com, we limit our financial responsibility to you arising from your use of envsionmag.com to the price you paid for your subscription.
In no circumstances do we accept responsibility for your use of Third Party Sites or in respect of any Third Party Products. By Third Party Sites we mean websites, online or mobile services provided by third parties, including websites of advertisers and sponsors that may appear on envsionmag.com. By Third Party Products we mean products or services provided by third parties.
NOTE: It is not commercially possible for us to accept more responsibility for your use of envsionmag.com taking into account that we permit you to use envsionmag.com for no or a relatively inexpensive cost.
9. Limitations of EN Magazine Content
The EN Magazine Content (including any information we publish regarding Third Party Products) is only for your general information and entertainment purposes and is not intended to address your particular requirements. In particular, the EN Magazine Content, including UGC and any other content provided by third parties and distributed by envsionmag.com, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by Envsion Magazine. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified adviser.
Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) envsionmag.com are at your own responsibility and entered into at your own risk. Any information that you receive via envsionmag.com, whether or not it is classified as “real time”, may have stopped being current by the time it reaches you.
Our promise
EN Magazine promises to develop and operate envsionmag.com with reasonable skill and care and will use reasonable efforts to promptly remedy any faults of which it is aware.
What we do not promise
EN Magazine does not provide any other promises or warranties about our content. Content is provided on an “as is” and “as available” basis. This means that EN Magazine does not make any promises in respect of envsionmag.com or the services and functions available on or through envsionmag.com or of the quality, completeness or accuracy of the information published on or linked to from envsionmag.com other than as expressly stated above.
Our financial responsibility to you
You agree that if we are in breach of these terms and conditions, we will only be responsible to you for any damages that you incur arising out of your use of envsionmag.com.
If you incur any loss as a result of using envsionmag.com outside the scope of these terms and conditions, EN Magazine accepts no responsibility (liability) to you for this.
You will be responsible for all claims, liabilities, damages, cost and expenses suffered or incurred as a result of your breach of these terms and conditions.
EN Magazine will not be responsible to you for any loss or damage suffered by your business, such as lost data, lost profits or any business interruption.
To the full extent permitted by law you acknowledge and agree that our third party content contributors have no liability whatsoever to you in respect of any of their information supplied to you as part of EN Magazine Content.
10. Choice of Law and Jurisdiction
If you are a user whose principal address or principal use of envsionmag.com occurs in any jurisdiction other than Kenya then these terms and conditions will be subject to Kenyan law. If you are a user whose principal use of envsionmag.com occurs in Kenya then these terms and conditions will be subject to the laws of Kenya.
11. Content ownership
EN Magazine or its licencors own all intellectual property rights (including copyright and database rights) in the EN Magazine content and any selection or arrangement of the Content. No intellectual property rights in any EN Magazine Content are transferred to you.
