SUBSCRIPTION TERMS AND CONDITIONS

At Crystal Perk, we’re committed to being transparent with our subscribers and users of our website (www.msamag.com) about what it means to be a subscriber, how we’ll be contacting you and what we do with your information.

This statement is our subscription terms and conditions for Crystal Perk Mombasa. Please read it carefully before subscribing. If for any reason, you do not agree with these terms and conditions please do not subscribe to our magazine or website. In using our website, please note that you are agreeing to abide by our website terms of use.

For further information, or any questions regarding this statement should be directed to:  publishing(at)Crystal Perk(dot)com by writing to us Compliance Officer, Crystal Perk Ltd,

WHO ARE WE AND WHO IS MY CONTRACT WITH?

We’re Crystal Perk the company behind Crystal Perk Mombasa , the multichannel platform for high-growth SMEs. We provide content via our quarterly publication (online and offline), on our website (www.msamag.com) and via direct e-Communications to our subscribers. We also offer advertising opportunities to brands looking to connect with small business owners.

Your contract for Crystal Perk Mombasa is held with Crystal Perk Ltd.

SUBSCRIBING AND CONTRACT FORMED

There are multiple ways to subscriber to CrystalPerk, including:

1) Emailing us: publishing(at)Crystal Perk(dot)com

2) Calling us: 0734 410 460.

When you confirm your subscription (online, by email, phone or post) in each case you are acknowledging your agreement to these terms and conditions which enters you into a legal binding contract resulting in your contract being formed.

If you are a paying subscriber receiving the issue of Crystal Perk Mombasa Magazine you are confirming your subscription once your payment has been processed and enters you into a legal binding contract resulting in your contract being formed.

You will receive confirmation of your subscription and/or payment via email within 14 days of agreeing to subscribe.

We reserve the right to not accept or process or fulfil the order, and a validation check will be carried out by us to check your identity and the bona fides of the order. If, for any reason, we are unable to process payment authorisation by your card issuer, or if we are unable to accept the order, we will notify you. If payment has already been processed, we will refund it to your payment card in full.

DELIVERY OF THE MAGAZINE

If you are subscribing to receive a hard copy of Crystal Perk Mombasa Magazine, we will deliver the magazine(s) to the address given when you place the order. Any order placed will commence for the next available issue, so please allow up to 28 days to receive your first issue.

You agree that we are not responsible if you have given us the incorrect or incomplete address for delivery. You also agree that we will not refund the cost of any distributed magazine(s) that are delivered to the incorrect address given.

We ask that you notify us immediately if you move address so we can update your subscription delivery details.

You may not sell or authorise for sale or authorise others to sell the Magazine(s) delivered to you, in whole or in part. You acknowledge that as between us and you, all intellectual property rights in the Magazine and/or any part of it, are owned exclusively by us throughout the world for the full period of copyright.

DELAYED DELIVERY/NON-DELIVERY

We will not be held liable for any delay of delivery or non-delivery of the Magazine as a result of the following circumstances.

(i) Where payment has been refused via your card issuer and/or we are unable to process payment.

(ii) Where a delay or failure or failure to publish is due to unforeseen circumstances out of our control, or the control of our agents. This includes, but is not restricted to: postal strikes, labour disputes or malicious damage involving employees, strikes, legislative constraints, failure of transport infrastructure, failure of telecommunication links, utilities failure, fire, flood, government act, act of God.

CANCELLATIONS AND REFUNDS

Where a minimum term of 12-month subscription is ordered, cancellations are not permitted until the end of such period, nor is part cancellation or reimbursement of cost of issues not yet sent to you. However, we allow an initial cancellation period of subscription within 14 days of formation of this contract.

To cancel your subscription, please:

1) Emailing us: publishing(at)Crystal Perk(dot)com

2) Calling us: 0734 410 460.

And provide the reason for cancellation. You will receive a full refund. Your card provider may charge a fee to convert this back to your local currency.

PRICE GUIDELINES

Prices include delivery charge and VAT (where applicable). You will make a one-off payment for a 12-month term within 7 (seven) days of formation of your contract. We reserve the right to increase or decrease our pricing at any time, and will occasionally run reader offers and events promotions at a reduced price to attract new subscriptions (“Reduced Price Sales”).

The price which you agreed to for the 12-month subscription at that particular time is the price you are contracted at, and will not be increased or decreased for you during that 12-month period. You agree that you are not entitled to any refund of the subscription cost initially agreed in relation to Reduced Price Sales.

This subscription will automatically renew on a yearly basis, unless you notify us not less than 30 (thirty) days in advance of the annual renewal date that you no longer wish to subscribe. We will also notify you at this time of any changes in price for the next annual subscription period.

If, for any reason, an error has occurred in terms of pricing you are offered for your order, we will notify you immediately. You will need to contact us to reconfirm the order, and if we are unable to contact you, it will be cancelled. If payment is taken incorrectly and processed twice, we will refund you the additional payment made.

AUTHORISATION OF PAYMENT

If you are not over 16 years of age or not using your own payment card, you must ask permission of the credit/debit card holder. By submitting payment, you are representing that you have obtained the express prior permission of the credit/debit card holder.

LIABILITY

Our liability to you in the event of any edition of the magazine being lost in dispatch by us shall, at our discretion, be limited to replacement of the missing issue.

We confirm that the magazine shall match the description of the product you purchased and that we will deliver the magazine to you using reasonable care and skill and within a reasonable period of the publication of each issue of the magazine.

To the extent permitted by law, we exclude all other liability to you. Our exclusions of liability shall not apply to any damages arising from death or personal injury cause by our negligence or that of any of our employees or agents.

WHAT TYPE OF INFORMATION IS COLLECTED FROM YOU?

The personal data we collect from you may include: your name, address, email address, contact number(s) and IP address. We also may collect information from you surrounding your ‘area of interest(s)’ this includes what content/services that are of interest to you, as well as pages you have visited on our website. If you pay to subscribe to Crystal Perk Mombasa, your payment details are not held by us, it is collected by a third party payment secure payment provider, Paypal., [or any other third party].

HOW IS YOUR INFORMATION USED?

We may use your information to:

• Complete any subscription requests to Crystal Perk Mombasa
• Complete any advertising requests on Crystal Perk Mombasa
• Complete any press release requests on Crystal Perk Mombasa
• Send you relevant content updates that you have requested, and may be of interest to you
• Send you relevant products/services that you have requested, and may be of interest to you
• Invite you to an event that you have requested, and may be of interest to you
• Seek your views/comments on the services that we provide
• Request that you update your preferences
• Notify you of changes to our services
• Process a job application
• Process a comment on our content

WHO HAS ACCESS TO YOUR INFORMATION AND CAN THIRD PARTIES ACCESS YOUR INFORMATION?

We will not sell or rent your information to third parties, nor will we share your information with third parties for marketing purposes.

Where you have consented to us doing so, we may occasionally send e-Communications to you, or advertise third parties services via our own website, e-Communications or magazines however your details are not then shared.

Third party service providers working on our behalf: Occasionally, service providers, agents or subcontractors may be given your information for the purpose of completing tasks and providing our services to you on our behalf (for example, requesting that you update your preferences). When we use third party service providers, we will only disclose information that is relevant and vital to completing the requested task in order to deliver the agreed service. To ensure that your data is protected when working with third party service providers we have a contract in place that requires them to securely handle your data and doesn’t allow them to use your information for theirs or any other company or individual’s marketing purposes.

When you subscribe to Crystal Perk Mombasa, providing you are requiring a paid subscription, your payment is processed by a secure payment provider. If you have any questions regarding our provider, PayPal, please contact us.

CONSENT AND UPDATING YOUR PREFERENCES

When you provide us with your personal information to subscribe to Crystal Perk Mombasa or download any material from our website we require your acceptance of the content of this privacy policy, that you consent to our collecting it and using it for that specific reason only.

With your consent, we may send you emails about our content, products, or services that could be of interest to you.

We will only hold your data for as long as is necessary for us to fulfil your subscription and/or for so long as we have your permission to keep it. In any event, we will conduct an [annual] review to ascertain whether we need to keep your personal data. We offer withdrawal of consent and deletion of your data at any time upon your request.

USE OF ‘COOKIES’

Like many other websites, we use cookies. ‘Cookies’ are small pieces of information that are placed on to your computer and stored in your hard-drive – the use of cookies allows you as a site user to have a better experience when visiting our website.

We only use anonymous cookies, which means that our cookies are not collecting any information that would allow you to be identified personally. We collect data about your browsing behaviour/patterns to enable us to improve our website and provide you with more content that could be of interest to you.

If you’d rather that our site and others didn’t enable cookies, you can disable them. There are a number of ways that you can do this, however we’d suggest consulting the Help section of your browser or taking a look at the About Cookies website which offers guidance on most browsers.

LINKS TO OTHER WEBSITES AND THEIR PRIVACY STATEMENTS

Our payment provider along with other third party partners that we use will have their own privacy policies. Once you are redirected to a third party website, you are no longer governed by this privacy policy even if you access them using links from our website.

When you click on links from our website they may redirect you away from www.msamag.com. We are not responsible for the privacy practices of other sites and would encourage you to read their privacy statements.

16 OR UNDER AND PARENTAL GUIDANCE

We would recommend that any user of our website and/or subscriber is of a minimum age of 16 in order to find the content and services of interest.

If you are aged 16 or under, please get your parent/guardian’s permission before sharing any personal data or information with Crystal Perk Ltd.

YOUR RIGHTS

You can ask us not to use your data for marketing. You can do this by indicating your preferences on our forms, or by contacting us at any time at our emails above.

You have the right to:

• request access to, deletion of or correction of, your personal data held by us at no cost to you;
• request that your personal data be transferred to another person (data portability);
• be informed of what data processing is taking place;
• restrict processing;
• to object to processing of your personal data; and
• complain to a supervisory authority.

You also have rights with respect to automated decision-making and profiling as set out below.

To enforce any of the foregoing rights or if you have any other questions about our site or this Privacy Policy, please contact us.