Terms & Conditions.
TERMS AND CONDITIONS FOR USERS
Beam Magazine (interchangeably referred to as “Beam Magazine”, “We”, “Our”, or “Us”) provides the Beam Magazine platform that enables Users to read articles published by the Beam Magazine platform.
Beam Magazine is the creator of the mobile Application ‘Beam Magazine’ and the Website www.beammagazine.com. Installation and use of the App by an individual (interchangeably referred to as “you”, “your”, “User” or “Users”) is governed by these Terms and Conditions.
By using and subscribing to our Beam Magazine App (interchangeably referred to as “the App”, “The Application”, “the Beam Magazine Application” and “the Beam Magazine App”) you confirm that you accept the Terms and Conditions, and you agree to comply with them. If you do not agree with the Terms and Conditions of this agreement the User should not use the App.
Beam Magazine’s Application means the mobile application on which you can subscribe to access articles by Beam Magazine. References to our App is in reference to the Beam Magazine App downloadable in either the Google Play Store or Apple App Store, in it’s current or future form. References to our Website in this document refers to www.beammagazine.com in its current or future form.
We reserve the right to make changes to these Terms and Conditions at any time, in which case an updated version of the Terms and Conditions will be displayed on our App.
These Terms and Conditions supplement the relevant (a) the Apple Terms and Conditions; or (b) the Google Play Terms and Conditions in association with the relevant platform choice of the User for downloading, accessing and using the App.
User refers to a person that utilises the Beam Magazine Application to subscribe and view content within the app.
1.1 A User must sign up and register an account to use the full extent of the Beam Magazine App’s functionalities and to claim a Deal on the platform. Upon signing up, a verification email will be sent to your registered email address. In registering an account, you agree to not provide false information such as name, number, email or payment details.
INTERNET AND DATA USAGE
2.1 The App will require an active internet connection. Beam Magazine does not take responsibility for the App not working if you do not have access to Wi-Fi or an internet connection. Beam Magazine does not take any responsibility for associated data roaming charges or other third-party charges associated with the App’s use.
2.2 If the User is using the App outside of an area with Wi-Fi, you should remember that the terms of the User’s contract or agreement with their mobile network provider will still apply. As a result, a User may be charged by their mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the App, the User accepts responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If the User is not the bill payer for the internet connection of the device on which you’re using the App, Beam Magazine assume that the User has received permission from the bill payer for using the App.
THIRD PARTY LINKS
3.1 The Hyperlinks to websites and other platforms are operated by third parties. Beam Magazine does not control these Hyperlinks and are therefore not responsible for the websites or for any content contained on the websites or social media accounts.
3.2 In providing access to the Hyperlinks, Beam Magazine does not expressly or implicitly, endorse, sponsor or approve any of the linked websites or social media accounts or their goods or services offered. Beam Magazine does not provide any warranty or take any responsibility for any part of the Hyperlinks or their goods and services offered.
4.1 The User shall not modify the whole or any part of the App or combine or incorporate the whole or any part of the App in any other program or system. The User is not allowed to attempt to extract the source code of the App, translate the app into other language or attempt to make derivative versions.
4.2 The User shall not reverse assemble, reverse engineer or reverse compile the App or any part of the App.
4.3 The User shall not copy the App, in whole or in part.
4.4 The User shall not remove or alter any copyright notices on any or all copies of the App.
4.5 The User may not use the App for commercial purposes, such as renting or leasing the App.
4.6 The User must comply with all applicable laws regarding the use of the App.
5.1 All intellectual property rights in the App including text, graphics, video clips, logos, icons, images, music, audio clips, video clips, software, data compilations, and any other forms of content or information are retained by Beam Magazine (collectively referred to as “Beam Magazine Content”).
5.2 The App itself, the Beam Magazine Content, and any related trademarks, copyrights, patents and database rights are retained and owned by Beam Magazine.
6.1 Beam Magazine may terminate a User’s account if the User fails to comply with the terms and conditions of this agreement. In such an event, the User must uninstall and otherwise remove copies of the App in their possession.
6.2 The User may terminate their account at any time by unsubscribing and uninstalling the App.
7.1 All intellectual property rights in the App including text, graphics, video clips, logos, icons, images, music, audio clips, video clips, software, data compilations, and any other forms of content or information are retained by Beam Magazine.
7.2 Beam Magazine retains ownership of the App whether in its original form or as modified by you during the terms of the licence. All intellectual property rights are retained by Beam Magazine. Beam Magazine Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between the User and Beam Magazine. Beam Magazine owns and retains all rights in the Beam Magazine Content.
7.3 All rights not expressly granted are reserved by Beam Magazine.
7.4 The Beam Magazine App Content may not be duplicated, shared, transferred, copied, modified or adapted, in any way without written permission.
7.5 The Beam Magazine App Content is protected under the Copyright Act 1968 (Cth). The copying, redistribution, use or publication by you of any such content is strictly prohibited. Use of the App does not grant the User any ownership rights to the App content.
8.1 Beam Magazine expressly disclaims any condition(s) or warranty which would otherwise be implied in this Agreement. Where legislation implies in this agreement any condition or warrant, and that legislation avoids or prohibits provisions in a contract excluding or modifying application of or exercise of liability under such condition or warranty, the conditions or warranty will be deemed to be included in this agreement. Beam Magazine does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, or other items contained within the App. Beam Magazine makes no warranties respecting any harm that may be caused by the App.
INDEMNITY AND LIABILITY
9.1 The User agrees to indemnify Beam Magazine, their personnel and subcontractors from any loss (including reasonable legal costs, and expenses) or liability for any loss or damage arising out of your use of or inability to use the App or with respect to the material provided in the App or any part thereof, including but not limited to errors or omissions contained therein.
9.2 In any event, Beam Magazine shall not be liable for any special, incidental, or consequential damages, including, but not limited to, loss of profits, income, utility, interest, or loss of market. This includes but is not limited to any economic harm, lost profits, damages to business, data, phone systems, or any damages resulting from reliance on any content or resulting from any interruptions, work stoppages, phone or tablet failures, deletion of files, failure to maintain the App, errors, omissions, inaccuracies, delayed or failed delivery of content, defects, viruses, or mistakes of any kind.
10.1 If you breach these Terms and Conditions and Beam Magazine takes no action against you this does not mean that Beam Magazine has waived its rights and remedies with regard to your breach. Beam Magazine may still take action or exercise its rights and remedies for that action, or any other situation, where you breach your obligations under these Terms and Conditions.
10.2 If any provision of these Terms and Conditions should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms and Conditions are not affected. Such invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely achieves the effect contemplated by the invalid or unenforceable provision.