Axate terms and conditions

These are the terms and conditions for using the Axate service. They also set out the legal promises that we make to you, and what you can do if we break those promises.

These terms and conditions apply however you access Chargeable Articles – whether it’s via a computer or your phone or another device.

1. Who are “we” or “Axate”?

Your Axate account is provided by Agate Systems Limited (“Axate”). Our registered address is 42 Ellesmere, London E3 5QX. Our registered company number is 10169880. Our VAT number is 269 7473 46. You can contact us by email at support@axate.com. Our trading address is 2ndFloor, 18 Henrietta Street London WC2E 8QH.

2. Definitions

When we use these words in these terms and conditions, they mean:

Axate account” is an account with Axate that stores your Axate balance and allows you to pay for access to Chargeable Articles.

Axate balance” is the balance that you have in your Axate account at any one time.

Axate-enabled product” means a third party website, app, or other digital product which can be accessed through the Axate service.

Axate tab” is the green tab that appears on the side of any Axate-enabled page. It is marked with the Axate logo.

Axate service” is the service provided by Axate that allows you to pay to access Articles of a digital publication through your Axate account.

Axate wallet” is the panel that pops out when you click on the Axate tab.

Article” means a discrete item on a digital product – it might be a newspaper or magazine story, a music track, a video or podcast episode.

Chargeable Article” means an Article on an Axate-enabled product for which you have to pay to access. Not all Articles are chargeable – see clause 7 for an explanation.

Free Point” means the amount you need to spend on Chargeable Articles on a particular Axate-enabled product during the Free Period, in order that you can read Chargeable Articles for the rest of the Free Period at no further charge.

Free Period” means the period of time during which your expenditure is counted towards the same Free Point, and during which you may access the relevant Axate-enabled product for free after you have achieved the Free Point.

You” are the person who has registered an account with the Axate service.

3. What are you buying?

The Axate service is a service that allows you to pay to access Articles of a digital publication through your Axate account. By depositing funds into your Axate account through the Axate wallet, you will be able to access Articles, and a sum will be deducted from your Axate account for each Article that you read.

The service is provided to you immediately on the relevant amount being deducted from your Axate wallet.

4. Registering an Axate account

When you register your Axate account, you will be asked to provide your email address, and a password. You promise to us that all the details you provide us are true and accurate.

You must keep your password and other Axate account details private, and not give them to anyone else. Your account can’t be transferred to anyone else. You should not allow anyone else to use your Axate account. We will not be responsible for refunding you for any charges that you might incur as a result if you do give your account details to someone else. You must tell us as soon as possible if you think someone else has been accessing your account without your permission.

You can change your password and email address through your Account page.

To use the Axate service you will need to have access to the Internet and your device will need to be set to accept Axate’s cookies.

5. Paying into your Axate wallet

When you first register with Axate you will be asked to pay some money into your Axate account. If you have a valid subscription for the publication you are currently seeking to access, you may only be asked to pay some money some when you try to access another publication.

In order to contract with Axate you must be over 18 years of age and possess a valid credit or debit card or other payment method issued by a bank acceptable to us.

Your payment will be processed via PayPal, ApplePay or another payment service. Axate does not debit your account directly, and does not retain your card details.

The credit into your Axate balance will not be made until your payment has been approved and your account, credit or debit card has been debited. If the payment service does not receive payment authorisation, or the authorisation is subsequently cancelled, we will not credit your Axate balance. We reserve the right to suspend or terminate your Axate account in those circumstances.

When you pay money into your Axate account you promise that you are an authorised user of the PayPal account, credit or debit card or other payment account used to make the payment, and that there are sufficient funds to cover the amounts you pay into your Axate account.

6. Authorising Charges

The last step of the registration process allows you to choose how you want to authorise charges through your Axate wallet. You can either choose to authorise them each time (by switching off the “charge me automatically” button), or you can pre-authorise all charges (by leaving the “charge me automatically” button switched to “on”). If you leave the “charge me automatically” button switched to “on”, then the cost of each Chargeable Article will be deducted from your Axate balance without any further action on your part. The Axate tab will indicate that you have been charged each time.

Each time you access a new Axate-enabled product, you will be given the choice to be charged automatically or authorise each charge.

You can change your choices at any time via your Account page. You can access your Account page via the Axate wallet – just click on the Account icon on the flipside of the Axate wallet.

The price of a Chargeable Article will only be deducted from your Axate balance when want to access that particular Article – you will not be charged for Articles until you want to access them.

7. Bonus Amounts

From time to time you may receive bonus amounts paid into your Axate account – as a reward or as part of a promotion. The bonus amounts can only be spent on Chargeable Articles.

Bonus amounts are not refundable, and will not be paid out to you if you request a refund of your Axate balance. Nor will they be paid out to you if you cancel your Axate account.

Bonus amounts will be used to pay for Chargeable Articles in preference to other amounts you may have uploaded to your Axate account – i.e. we will debit bonus amounts from your Axate wallet before we debit amounts that you have uploaded.

Bonus amounts must be used within 12 months of being credited to your Axate account (unless otherwise indicated in the promotion or reward)

The terms and conditions of any reward or promotion will take precedence over these terms and conditions.

8. How much you have to pay

Axate charges you on a per-Article basis. We will tell you the price of each Article when you first access an Axate-enabled product, and you can also check the price at any time by opening the Axate wallet. Each time you access a Chargeable Article on an Axate-enabled product, the price of that Article will be deducted from your Axate balance (unless you have reached a Free Point or a valid subscription for that product) and the Axate tab will indicate that you have been charged. Your new Axate balance will show in your Axate wallet.

Paying for access to a Chargeable Article only gives you access to that Article. You will need to pay to access other Chargeable Articles. Not all Articles on Axate-enabled products are Chargeable Articles. You will only be charged for Chargeable Articles.

If you want to check what Articles you have been charged for, you can check by going to your Account page.

Your Axate balance will always be visible on the Axate wallet, which is available on all Axate-enabled pages. You can access it by clicking on the Axate tab on the side of the screen. The Axate wallet displays your Axate balance, your progress to the Free Point, and gives you access to your Account page.

9. Free Points and Free Periods

Each Axate-enabled product sets its own Free Point and Free Period. The Free Point is the amount you need to spend in order to access Chargeable Articles for free for the rest of the Free Period. Each Free Period starts when you purchase your first Chargeable Article. To qualify for free access, you must spend the amount of the Free Point before the end of the Free Period.

Once you reach the Free Point you will have free access to that Axate-enabled product for the rest of that Free Period. Then the clock resets and you will again be charged for Chargeable Articles until you reach the next Free Point. You must pay to access a Chargeable Article for it to count towards the Free Point. Any free Article that you read will not contribute towards the Free Point, and neither will re-reading a Chargeable Article that you have previously paid for.

By way of example, on a particular title, the Free Point might be £1.20, and the Free Period might be a week. In order to reach the Free Point, you must spend £1.20 on Chargeable Articles on that title within a week of making the first charge. You will then be entitled to read any articles for free on that title until the end of that week. A week is 168 hours from the time that you pay to access the first Chargeable Article. At the end of the Free Period, the Free Point and the Free Period reset and you will again be charged for Chargeable Articles until you reach the next Free Point. You must pay to access a Chargeable Article for it to count towards the Free Point. Any free Articles that you read will not count towards the Free Point.

Each Axate-enabled product has a different Free Point and Free Period. Unless otherwise specified, amounts that you spend on one Axate-enabled product do not count towards the Free Point on a different Axate-enabled product. If you are in a Free Period for one Axate-enabled product, you will have to pay to access Chargeable Articles on a different Axate-enabled product, unless you have also reached the Free Point on that second product.

Your access to each Axate-enabled product after reaching its Free Point is governed by the Fair Use Policy.

You can check your progress to the Free Point by opening the Axate wallet.

10. Fair Use Policy

Axate is entitled to monitor your use of Axate-enabled products. If Axate reasonably considers that you are abusing your free access to Chargeable Articles, for instance by using a bot or crawler some other software, or that you are otherwise trying to fraudulently access an Axate-enabled product, Axate may terminate your account or restrict your access.

Axate may also terminate your Axate account if it reasonably considers that you are trying to hack the Axate system, or otherwise fraudulently use Axate for any reason.

11. Who is responsible for content?

By using the Axate service, you are able to access third party content through the Axate-enabled products. This third party content is the property of the publishers of the Axate-enabled products (the “publishers”). The publishers grant you a licence to access and share this content by using the Axate service. The publishers may have their own terms and conditions of use and privacy policies and your use of their content through the Axate-enabled products will be governed by and subject to such terms and conditions and privacy policies.

You will be able to use the content for as long as the content remains accessible through the Axate-enabled products, unless otherwise specified in the publisher’s terms and conditions. Axate do not guarantee that any content provided through the Axate-enabled products will not be removed for any reason.

12. Cancellation rights within 14 days.

You can cancel your Axate account and ask for a refund of your unspent Axate balance within 14 days of registering your Axate wallet. You don’t need to give a reason. AFTER THIS TIME YOU WILL LOSE YOUR RIGHT TO REQUEST A REFUND. If you cancel your Axate account within 14 days, we will automatically refund your Axate balance for all unspent amounts that were uploaded to that account up to the cancellation date.

You can cancel your Axate account either by filling out and sending us the form at the end of these terms and conditions, or just by sending an email to support@axate.com, clearly stating that you want to cancel your account. You will need to tell us the email address that you used to register your Axate account. You don’t have to use the form. We will process your refund within 14 days. You will only be entitled to receive a refund of amounts that you paid into your Axate account and have not yet spent. You may only request a refund of the full amount in your wallet – we will not process partial refunds.

You will not be entitled to a refund of any amounts in your Axate balance that you received as a reward, bonus, or other incentive. You will not be entitled to a refund on any amounts that you have spent on accessing Chargeable Articles.

13. Terminating the Axate service after 14 days

You can terminate your Axate account at any time through your Account page, in the Account Settings. Once you have cancelled, we will send you a confirmation email to the email address you registered with your Axate account. After 14 days from the date of registering your Axate wallet /uploading an amount to your Axate wallet you will no longer have a right to request a refund of the unspent balance of your Axate wallet, except in the case of a defect or lack of conformity.

If you do not use your account for a period of 12 months it will become dormant, and Axate will be entitled to treat any amounts in your Axate balance as forfeit.

You will never be entitled to a refund of any amounts that you have received as a reward, bonus or other incentive. You will not be entitled to a refund on any amounts that you have spent on accessing Chargeable Articles.

14. Axate's right to terminate your Account

We reserve the right to terminate your account if we reasonably suspect that you are misusing the Axate service or using the Axate service for fraud or other illegal activities. We reserve the right to report any suspect activity to the relevant law enforcement agencies.

15. Errors

The Axate service may contain typographical errors or other errors or inaccuracies or may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

16. Our software and trade marks

The intellectual property rights in the software and websites that make up the Axate service belong to Axate or its licensors and are protected by copyright and trade mark laws and treaties around the world. All such rights are reserved by Axate and its licensors.

You are not allowed to copy, modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or functionality supplied by Axate or its licensors.

We own the trade mark “Axate”. If you want to use our trade mark for anything that might be considered trade or commercial purposes, you need to get our permission.

The intellectual property rights in any Axate-enabled product, including its trade marks belong to the providers of that product or its licensors. If you want to use the trade mark of any Axate-enabled product for anything that might be considered trade or commercial purposes, you need to get their permission.

17. Things you are not allowed to do

You may not register with multiple email addresses.

You must not misuse the Axate Service. You must not do anything that might cause cyber harm – for example transmit or distribute a virus, Trojan, worm, logic bomb or any other type of software or code that is malicious or technologically harmful. You must not hack into the Axate Service, corrupt data, or try to negatively affect the performance or functionality of the Axate System. You may not use the Axate System to post any material which is offensive, obscene, annoying to others, or infringes on the rights of others or send any unsolicited advertising or promotional material.

You may not scrape the Axate System, or use any automated software or bots or similar to extract data from the Axate System, its retailers’ or publishers’ services.

18. The limits of our control

Axate has no editorial control over the content accessed through any Axate-enabled product and you understand and agree that Axate does not endorse and is not responsible or liable for any such content. Axate only operates a system which facilitates making Axate-enabled products available in electronic form. We don’t make any promises that any of the content on any Axate-enabled product (or any advertisement in that product) is accurate, complete, up-to-date, non- defamatory, or even that you will like it.

The Axate service is provided over the internet and in conjunction with the Axate-enabled product. We will do our best to ensure that our service is running properly at all times, but we are not responsible for problems or temporary outages that have causes outside of our control. Sometimes we will need to take down the service for planned or emergency maintenance, and we reserve the right to do that.

19. Changes

We will update these terms and condition from time to time as necessary. We will notify you when we make changes. These Terms and Conditions were last updated on 11 July 2018.

20. Limits of liability

The Axate Service will be of satisfactory quality, fit for purpose and as described. We also promise that we have the right to provide the Axate Service. We do not exclude or restrict your right to claim for a repair or replacement, or a right to a price reduction or any of your other statutory rights.

However, since we can’t control the services provided by Axate-enabled products, we don’t make any promises about those services. We won’t be responsible to you if an Axate-enabled product (or any content contained within it) doesn’t meet the right standards or otherwise causes you harm. We are not liable to you for loss or harm that might arise out of your use of any the Axate-enabled products, or advertisements contained in an Axate-enabled product.

If you use the Axate service in a way that breaches these terms and conditions, then we shall not be responsible for any harm or loss that you might suffer as a result of that breach. Also, you will be responsible to us for any harm or loss that we might suffer as a result of your breach (to the extent that it’s foreseeable). We may however still be responsible for some of the loss or harm you suffer as a result is partially our fault (i.e. it doesn’t result from your breach).

We will not be responsible to you for

(a) losses that were not foreseeable to both you and Axate when you accepted these terms and conditions;

(b) losses that were not caused by any breach on our part;

(c) business losses, and/or losses to non-consumers (including lost data, lost profits or business interruption); and

(d) any increase in loss or damage resulting from breach by you of any of these terms and conditions.

Notwithstanding the above, we accept liability if you suffer death or a personal injury through our negligence or that is otherwise our fault.

21. Complaints and customer support

If you have a complaint or need customer support, please contact us on support@Axate.com. We will try and solve any disagreements quickly and efficiently.

22. Governing laws

Axate’s relationship with you is governed by the laws of England and Wales. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within the United Kingdom.

23. Cancellation Form

If you want to cancel your Axate account, you can fill out this form and post it to us at the address below. You don’t have to use the form. You can send an email to support@Axate.com, clearly stating that you want to cancel your account. You will need to tell us the email address that you used to register your Axate account.

To: Agate Systems Limited,

42 Ellesmere Road

London E3 5QX

I hereby give notice that I wish to cancel my contract for the supply of the Axate service. I registered for the Axate service on [please tell us the date you registered].

My name is :

The email I used to register is:

Today’s date is:

Your signature: