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Overview
These are the terms on which we supply our digital content and subscription services to you.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the agreement, what to do if there is a problem and other important information, such as how we will use your personal data and what cookies will be used.
If you think that there is a mistake in these terms, please contact us using the contact details provided below to discuss.
Summary of key rights for consumers
If you are a consumer, The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the CCR) and The Consumer Rights Act 2015 (the CRA) will apply to your purchase of digital content and subscription services from us. Rights under the CCR and the CRA do not apply to purchases made by non-consumers.
The CCR provides you with a 14 day right to change your mind and get a full refund on your digital content. You do not have this right to cancel once a download has started provided you have been told this and have acknowledged this.
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality;
if your digital content is faulty, you’re entitled to a repair or a replacement;
if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back;
if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation..
For detailed information from Citizens Advice, please visit their website ( www.citizensadvice.org.uk).
The information in this summary box summarises some of your key rights. It is not intended to replace the terms below which you should read carefully.
These terms set out:
your legal rights and responsibilities;
our legal rights and responsibilities; and
certain key information required by law.
In these terms:
‘We’, ‘us’, ‘our’ or ‘Find Out Now’ means Pick Media Ltd; and
‘You’ or ‘your’ means the person buying digital content from us.
If you don’t understand any aspects of these terms and want to talk to us about it, you can contact us via email at ask@findoutnow.co.uk;
Who are we?
We are registered in England and Wales under company number 06377138. Our registered office is at Floor 3, C/O Filmlondon The Arts Building, Morris Place, London, England, N4 3JG, United Kingdom.
Introduction
1.1 If you buy digital content or subscription services from us you agree to be legally bound by these terms.
1.2 You must be at least 18 years of age to use the website or purchase our digital content or subscription service; by using the website, making a purchase or agreeing to these terms, you warrant and represent to us that you are at least 18 years of age.
1.3 These terms are only available in English. No other languages will apply to these terms.
1.4 When buying any digital content or subscription services you also agree to be legally bound by:
1.4.1 our Terms of Website Use (available at https://findoutnow.co.uk/terms-and-conditions ) and any documents referred to in them; and
1.4.2 extra terms which may add to, or replace some of, these terms. This may happen as a result of changes to the laws or regulations that govern our industry or the supply of online goods and services. We will contact you to let you know if we intend to do this by giving you one (1) month’s notice.
All of the above documents form part of these terms as though set out in full here.
Information we give you
2.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding agreement between you and us is made.
2.2 The key information is set out on the sales page of our website ( https://labs.findoutnow.co.uk/ ) for the digital content you are purchasing as well as in these terms. The key information we give you by law forms part of these terms as though it is set out in full here.
2.3 If we have to change any key information once a legally binding agreement between you and us is made, we can only do this if you agree to it.
Your privacy and personal information
3.1 Our Privacy Policy is available at ( https://findoutnow.co.uk/privacy-policy ).
3.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
3.3 When purchasing digital content or subscription services from us, you will have the option to be added to our email list. This will allow us to email you with marketing information about Find Out Now, including details of our market research, our digital content and subscriptions subscription services. You will receive no more than one marketing email per week and you may unsubscribe from the email list at any time by following the links in the email or by emailing us at ask@findoutnow.co.uk.
3.4 We use cookies and other similar technologies:
(a) to remember what digital content or subscription services you have access to; and
(b) in accordance with our Cookies Policy available at ( https://findoutnow.co.uk/cookies-policy ).
Ordering digital content from us
4.1 Below, we set out how a legally binding agreement between you and us is made.
4.2 You place an order for digital content or a subscription by clicking on the button for the product you wish to purchase on our website.
4.3 You will then be asked to complete a form requesting your name, your company name, your company email address and be given the opportunity to join our email list.
4.3 Please read and check your information carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us or by emailing us. In any event, before you place your order you must check that the hardware and software requirements of your computer or device mean that you can access the digital content or subscription service.
4.3.1 When you place your order at the end of the online purchase process (i.e. when you click on the ‘Send me my link’), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.
4.3.2 We will email you a link to enable you to access the digital content or subscription service shortly after your order has been placed.
4.3.3 We will email you an invoice within 5 business days of your order. You will need to pay this invoice for your order to be accepted.
4.3.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:
(a) the digital content or subscription service is unavailable;
(b) your invoice has not been paid or your payment could not be authorised;
(c) you are not allowed to buy the digital content or subscription service from us;
(d) we are not allowed to sell the digital content or subscription service to you; or
(e) there has been a mistake on the pricing or description of the digital content or subscription service.
4.3.3 We will only accept your order when your invoice has been paid and we email you to confirm this. At this point a legally binding agreement will be in place between you and us.
4.4 The duration of any subscription services will be counted from the date your order was placed and end at 23:59 GMT on the last day of the subscription. For example, annual subscriptions will run from the date your order was placed until 23:59 GMT on the same date the following year.
4.5 Subscription services will not automatically renew.
Right to cancel this agreement
5.1 You have the right to cancel this agreement within 14 days without giving any reason.
5.2 The cancellation period will expire after 14 days from the day you purchase the digital content or the subscription service.
5.3 To exercise the right to cancel, you must inform us of your decision to cancel this agreement by a clear statement (for example a letter sent by post or email). You can use the model cancellation form set out in the box below, but it is not obligatory.
Cancellation form
To:
Pick Media Ltd
Floor 3, C/O Filmlondon
The Arts Building
Morris Place
London
N4 3JG
United Kingdom
ask@findoutnow.co.uk
I/We hereby give notice that I/We cancel my/our agreement for the supply of the following service [insert digital content or subscription service purchased] ordered on [insert date].
[insert name of consumer(s)] [insert address of consumer(s)]
Signature of consumer(s) (only if this form is notified on paper), [insert date]
5.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
6.1 If you cancel this agreement, we will reimburse you the payments received from you for the digital content or subscription service being cancelled.
6.2 We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this agreement.
6.3 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
6.4 Cancellation immediately ends your permission to use the digital content and/or subscription service.
Permission to use the digital content
7.1 When you buy the digital content and download it, you will not own it. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this agreement.
7.2 You will be able to download the digital content for the duration of the subscription service purchase.
7.3 The digital content and subscription service:
7.3.1 is personal to you. You can use it wherever you want in the world but only if you comply with local laws;
7.3.2 is non-exclusive to you. We may supply the same or similar digital content or subscription service to other users;
7.3.3 can be used to generate data that may be incorporated into your products and services, including for commercial use, and in different formats, but the source of data must, at all times, be clearly attributed to us.
7.3.4 may not be:
(a) copied by you except for a reasonable number of necessary back-ups;
(b) changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
(c) combined or merged with, or used in, any other computer program;
(d) distributed or sold by you to any third party;
7.3.5 includes, for the duration of a subscription service:
(a) updates; and
(b) new releases
7.3.6 contains information which is owned by us or third parties or both. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
7.4 Except where you have permission to use the digital content and subscription service under this clause 7, you will not obtain any rights of ownership or other rights (of whatever nature) in the digital content or in any copies of it.
Download
8.1 Once you have ordered the digital content or subscription service
8.2 If something happens which:
8.2.1 is outside of our control; and
8.2.2 affects you being able to access the digital content or subscription service,
we will let you have a revised time for when you can expect to be able to access the digital content or subscription service. We will also extend any subscription or your right to cancel the agreement by the length of the delay.
8.3 Accessing our digital content and subscription services requires the transfer of data. Using too much data on a connection with data limits could lead to you paying more than you were expecting. We will not be responsible for any additional charges you incur as a result of accessing our digital content and subscription services.
Payment
9.1 You will be invoiced for the digital content and subscription services you purchase. For any enquiries please email ask@findoutnow.co.uk
9.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the digital content or subscription service is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this agreement or our Privacy Policy or breach by us of our duties under applicable laws we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
9.3 The price of the digital content and subscription services:
9.3.1 is in pounds sterling (£)(GBP); and
9.3.2 includes VAT at the applicable rate.
Nature of the digital content
10.1 The Consumer Rights Act 2015 gives consumers certain legal rights (also known as ‘statutory rights’), for example, that the digital content:
10.1.1 is of satisfactory quality;
10.1.2 is fit for purpose; and
10.1.3 matches its description.
10.2 We must provide you with digital content that complies with your legal rights.
10.3 When we supply the digital content:
10.3.1 we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content;
10.3.2 we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the guide to its use or on our website; and
10.3.3 you acknowledge that there may be minor errors or bugs in it.
10.4 These rights apply only to consumers, meaning an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.
Faulty digital content
11.1 If you are a consumer your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of these terms. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
11.1.1 contact us using the contact details at the top of this page; or
11.1.2 visit the Citizens Advice website ( www.citizensadvice.org.uk ).
11.2 Nothing in these terms affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
11.3 Please contact us using the contact details at the top of this page, if you want:
11.3.1 us to repair the digital content;
11.3.2 us to replace the digital content;
11.3.3 a price reduction; or
11.3.4 to reject the digital content and get a refund.
Avoiding faults
12.1 To avoid faults in the digital content happening, you must:
12.1.1 download updates and new releases as soon as reasonably possible after we tell you that they are available;
12.1.2 use it only on modern browsers that are kept up-to-date; and
12.1.3 notify us immediately of any faults you experience with the digital content or subscription service.
End of the agreement
13. If this agreement is ended it will not affect our right to receive any money which you owe to us under this agreement.
Limit on our responsibility to you
14.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for:
14.1.1 losses that:
(a) were not foreseeable to you and us when the agreement was formed; or (b) that were not caused by any breach on our part;
14.1.2 business losses; and
14.1.3 losses to non-consumers.
Other important terms
15.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the digital content, our subscription services, our service to you or any other matter, please contact us as soon as possible.
15.2 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
15.2.1 let you know that we cannot settle the dispute with you; and
15.2.2 give you certain information required by law about our alternative dispute resolution provider.
15.3 If you want to take court proceedings, the relevant courts of the part of the United Kingdom in which you live will have non-exclusive jurisdiction in relation to this agreement. The laws of England and Wales will apply to this agreement.
15.4 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the agreement within seven (7) days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
15.5 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.6 This agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the permission of any other person in order to end the agreement or make any changes to these terms.
15.7 This agreement shall constitute the entire agreement between you and us in relation to your use of our digital content and subscription services and shall supersede all previous agreements between you and us in relation to the same.
15.8 If a court finds part of these terms illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16 Terms last updated Friday 13th November, 2020.