Terms and Conditions
- 1.1. This website is operated by Allied Newspapers Limited, a company registered in Malta under company number C 308 with a registered office at 341, Strickland House, St. Paul Street, Valletta ("we", "us", "our").
- 1.2. Our terms are designed to provide our members and visitors with a guideline as to how all aspects of our services are accessed and how you can and should interact with our services. These range from user terms to subscription terms. The following terms and conditions apply for www.timesofmalta.com (the ‘website’), including our mobile applications, Times of Malta Premium and its premium subscription products (the ‘products’).
- 1.3. Please note that by using the website and our products, you accept these terms and conditions. If you do not accept these terms, do not use the website or our products.
- 2.1. Our content, trade-marks, copyright, patents, logos, domain names and other related intellectual property rights or other features of our brand belong to us or to our licensors. Your use of our services does not grant you any rights in our and/or our licensors intellectual property whether for commercial or non-commercial use. All rights are hereby clearly being reserved by us.
- 2.2. If you wish to make inquiries about a licence to reproduce material from timesofmalta.com or Times of Malta Premium Content, please contact the Webmaster.
User terms and conditions
- 3.1. Users, including both visitors and Premium Content subscribers, are permitted to access and use our services and intellectual property rights available on www.timesofmalta.com and the Times of Malta Premium Content on your device, as is the main function of the website, subject always that our services may only be used for personal, private and non-commercial use. You must therefore not in any way commercially exploit, or sell any content appearing on the website (excepting any content posted by you and in which you retain intellectual property rights).
- 3.2. As indicated above users may access content in timesofmalta.com solely for their own personal, private and non-commercial use. However, there are parts of our services that are only accessible to our subscribed and registered members. To register and subscribe and make full use of our service, follow the subscription terms hereunder.
- 3.3. Any third party content included as part of our services, is governed under these terms and conditions or through such third party terms and conditions that will be made known to you as and when they become relevant.
- 3.4. As a user of our services you accept that we provide you with advertising and other information, including through our third party affiliates.
- 3.5. We exclude any warranty, express or implied, as to the quality, accuracy, timeliness, completeness or fitness for a particular purpose of the website. We will not be liable for any claims, penalties, losses, damages, cost or expenses arising from the use of or inability to use timesofmalta.com and Times of Malta Premium Content or from any unauthorised access to or alteration of timesofmalta.com and Times of Malta Premium Content.
- 3.6. We do not warrant that the contents of timesofmalta.com and of the Times of Malta Premium Content are compatible with all computer systems and browsers.
The following accounts are our only official and authorised accounts:
- Times of Malta
- Pink Magazine
- Word For Word Malta
- Times of Malta Sport
- Times Escape
- Sunday Circle
- Times of Malta Motoring
- Eating and Drinking Magazine
- Times Picture Annual
- 3.8. You may not set up links to timesofmalta.com except to the index page at http://www.timesofmalta.com without the express written permission of the Webmaster. You may not download or print any content or extracts in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the content on the website. You may not eproduce, republish, modify, archive, distribute, store, archive or commercially exploit the content without our prior written consent. You may not modify or adapt or create derivative works of the content. You may not utilise links to the website received as part of a paid-for media monitoring service. You may not systematically forward links to this website within a business or outside a business for business purposes. You may not copy or extract data from the website by means of any automatic means or by any manual process that may be used to systematically extract or copy web content.
- 3.9. We reserve the right to amend these terms and conditions for any reason, and to ensure that we remain compliant with any applicable laws and regulations and with any ongoing development to our services. You are therefore advised to check our terms frequently as continued use of the website and our services is acceptance of our terms and conditions as amended and updated.
- 3.10. You hereby confirm to us that, with respect to any of your submissions on the website, posts or uploaded content, you own, or have the consent of the owner, to submit, post or upload such content and that such content does not violate any intellectual property rights or any other rights whatsoever of any person. Whilst we do not claim any ownership rights in the content generated by you and consequently you retain all ownership rights to such content, upon submission, posting or uploading of any content on or in connection with our services you grant us a non-exclusive, transferable, sub-licensable, perpetual, royalty free worldwide licence to use any such content. Any submissions, posts or uploaded content are to conform with applicable comments policy, as updated by us from time to time.
- 3.11. Content in the section labelled “Trending Articles” is automatically served to the timesofmalta site via a third-party content recommendation platform. The promoted links in this section, some of which contain advertising material, lead to external websites. These sites are not under our control and we are not responsible in any way for any of their contents.
- 3.12. To the extent permitted at law, we do not accept responsibility for any statement in the content appearing on timesofmalta.com or Times of Malta Premium Content. Nothing in the content appearing on timesofmalta.com or Times of Malta Premium Content is provided for any specific purpose or at the request of any particular person. For the purpose of clarification, we will not be responsible or otherwise liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the content appearing on timesofmalta.com or Times of Malta premium Content. You can access other sites via links from the timesofmalta.com site, the Times of Malta Premium Content and the section labelled “Trending Articles”. These sites are not under our control and we are not responsible in any way for any of its contents.
- 3.13. We give no warranties of any kind concerning the timesofmalta.com site or the content appearing on timesofmalta.com or Times of Malta Premium Content. In particular, we do not warrant that the timesofmalta.com site or any of its contents or that of the Times of Malta Premium Content or that of the section labelled “Trending Articles” is virus free. You must take your precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.
- 3.14. Although we will do our best to provide constant, uninterrupted access to the timesofmalta.com site and Times of Malta Premium Content, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.
Standard subscription terms and conditions
The below are our standard subscription terms and conditions that govern your subscription to Times of Malta Premium.
- 4.1. As a subscriber to any of the Times of Malta Premium services, you hereby accept, in addition to our general terms and conditions, to be bound by these standard subscription terms and conditions of use that govern your Times of Malta Premium subscription.
- 4.2. On the registration page for the subscription you will need to indicate your acceptance to be bound by these standard subscription terms and conditions by checking the relative box. If you do not agree to be bound by the standard subscription terms and conditions you should not check the box but you will not be able to proceed with the registration process for the subscription and become a Times of Malta Premium subscriber. Moreover, upon agreeing to the standard subscription terms and conditions, you will also be confirming that your application for the Times of Malta Premium is for your own personal use and not for any commercial purposes.
- 4.3. Subscription to the Times of Malta Premium includes access to our premium content. It will also enable you to view all of the week’s e-paper editions, including The Times of Malta and The Sunday Times, and also to view exclusive content. Subscription also provides full access to our newspaper archive and the availability to download editions going back to 1930 until today. Access, in full, to the website while overseas will also be included in the subscription. Subscription also includes the accessibility of features that may be available from time to time on the Times of Malta app, available for tablets and smartphones.
4.4. Changes to the standard subscription terms and conditionsWe may change the terms of our standard subscription terms and conditions at any time to ensure our continued compliance with current applicable laws and regulations. Additionally, changes may also occur as we strive to improve our services and enhance your experience when using our services. You will be notified of the changes in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been "updated" or similar words). The changes also will be displayed in this document, which you can access at any time by going to the Terms and Conditions link. Using our services after the aforementioned changes are implemented signifies that you agree to be bound by such changes made to this agreement.
You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices that may be required in line with our standard subscription terms and conditions. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.
4.6. Registration and AcceptanceTo register and subscribe to Times of Malta Premium you must be 18 years or over.
All subscriptions are subject to acceptance by us. We will send you an e-mail that confirms acceptance of your subscription application (the ‘Subscription Confirmation’). The contractual relationship between us will only be formed when we send you the Subscription Confirmation but our obligation to provide the Subscription services will not come into effect until and unless the payment is validated.
This service is an instant access service, thus, upon validation of payment, your access to the Times of Malta Premium content will start immediately.
If you order subscription services from our site for use outside Malta, you must comply with all applicable laws and regulations of the country in which such services are used. Any breach on your behalf of any laws and regulations of the country where such services are used are your sole and exclusive responsibility and you are hereby expressly excluding us and indemnifying us from and against any liability whatsoever.
4.7. Fees and PaymentsWhen you register for the subscription, the price of your subscription will be as indicated on the website and will be for the period of time indicated in the respective subscription form. All fees are inclusive of 18% VAT. Your payment will then be processed through our payment gateway service administered by third parties with whom we have a contractual relationship, which serve to validate your payment.
Upon registration for subscription and upon payment, you are therefore giving your consent that your credit card details may be accessed by the payment gateway service provider for the purposes of the validation of payment.
To enable your subscription, you should provide valid credit card details, and to enable us to ascertain card verification, an amount of €0.01 will be preauthorized by yourself. The accepted payment method is through MasterCard and Visa credit cards or Bank of Valletta plc debit cards. Additional charges may apply to credit card payments but we are not responsible for these additional charges that your bank may apply. Subscription fees will be billed in advance at the beginning of your subscription or on every automatic renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable.
We may change the fees and charges then in effect, or add new fees or charges, or vary the term of the subscription by giving you thirty days (30) notice in advance. You are entitled to terminate your Subscription in line with this Agreement within the duration of the notice period.
Once the subscription contract is concluded, you have fifteen (15) days to cancel the contract without incurring any charges. Upon the expiry of the fifteen (15) day trial period, the applicable subscription fees will be charged. We will continue to notify you of your payments and the subscription will continue indefinitely until such time as you cancel the subscription in terms of our standard subscription terms and conditions.
Cancellation and Automatic Renewal
- 5.1. Your subscription will continue indefinitely and renew automatically, unless it is cancelled in accordance with our standard subscription terms and conditions.
- 5.2. For all subscriptions, you must cancel your subscription before it renews and therefore before your next billing date in order to avoid billing of subscription fees for the following renewal term. The onus is upon you to cancel your subscription before the due date if you do not wish to renew. You may cancel your subscription by entering your account settings. We do not accept any other form of cancellations. If you choose to cancel your subscription, you will continue enjoying the subscription until the expiry date of that renewal.
Additional Terms and Conditions
6.1 Default in PaymentIf you default in one payment that has become due, we reserve the right to cancel your subscription immediately without notice and without prejudice to our right to recover from you any outstanding amount due by you to us.
6.2. Limitations on UseOnly one individual may access a subscribed service at the same time using the same user name or password, unless we agree otherwise.
6.3. Intellectual Property RightsThe text, graphics, images, video, and other data, design, organisation, compilation, look and feel, advertising and all other related protected intellectual property, available through the subscription are our property or the property of our advertisers and/or licensors, and are protected by the Laws of Malta. All rights are hereby reserved. Thus, unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the any of the content received through the subscription to anyone.
6.4. Advertising and SponsorshipYou accept to receive advertising material and acknowledge that advertisers are solely responsible for ensuring that material submitted on the website or on any of the services is in accordance with the applicable laws and regulations. We are not responsible for any such third party material and any issues which you may have in connection with any advertising material should be reported to the relevant advertiser.
6.5. Events beyond our reasonable controlWe will not be held liable for any issue and problems that give rise to temporary interruptions from the use of our services arising from factors beyond our control, such as, but not limited to, traffic congestion on the internet.
Additionally, we will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control including reasons of Force Majeure which shall include any default due to an act of God, war, or threatened war, act of terrorism or threatened act of terrorism, strike, lockout, industrial action, health epidemic or pandemic, fire, flood, drought, tempest or other event beyond the control of either party. Our performance under this Agreement is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
6.6. Disclaimers of Warranties and Limitation on LiabilityYou agree that your access to, and use of any of our services and the content and tools available through the subscription is on an as-is basis, and although we endeavor to provide the most optimal service, we hereby specifically disclaim any representation or warranties, express or implied that all information is completely accurate and complete, taking also into account that some of the information is provided by third parties. It is therefore your responsibility to verify that any information is accurate. We are moreover not responsible for any losses or damage, whether direct or indirect, resulting from use of our services or from any content posted on or through our services and even if such losses result from a deliberate breach of these terms by us that would entitle you to terminate your subscription agreement between us. In any event, any liability as a result of us breaking any of these terms is strictly limited to the charges you have paid (if any) for the subscription services.
6.7. No waiverIf you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
6.8. AssignmentYou may not transfer, assign, or otherwise dispose of any of your rights or obligations arising from your subscription with us for Times of Malta Premium, without our prior written consent. For the avoidance of doubt, you are not permitted to sell on or transfer the benefit of your subscription services to third parties. We may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under your subscription.
Governing Law and Jurisdiction
The terms and conditions and standard subscription terms and conditions are governed by the Laws
of Malta. The Maltese courts shall have exclusive jurisdiction over any dispute relating to
these terms and conditions.
If any part or provision is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.
- 7.1. The terms and conditions and standard subscription terms and conditions are governed by the Laws of Malta. The Maltese courts shall have exclusive jurisdiction over any dispute relating to these terms and conditions.
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