General terms for subscriptions - private

POLITIKEN AND JP/POLITIKENS HUS TERMS AND CONDITIONS FOR SUBSCRIPTIONS

GENERAL SUBSCRIPTION TERMS AND CONDITIONS

 

1. GENERAL

1.1 These general subscription terms and conditions (“General Subscription Terms”) apply to all agreements (collectively referred to as a “Subscription Agreement”) entered between a private individual (“Customer”) and JP/Politikens Hus A/S (“JP/POL”) regarding subscription to one or more products and/or services (“Subscription Products/Services”). As a condition for entering into a Subscription Agreement, the Customer must be 18 years of age. Unless otherwise agreed, when ordering the Customer must provide a valid email address, and the Customer must notify JP/POL if this email address changes.

1.2 In addition to the General Subscription Terms, the individual subscription terms and conditions (“Individual Subscription Terms”) apply, which the Customer has received either physically or electronically in connection with the conclusion of the Subscription Agreement in the form of an order confirmation. The General Subscription Terms together with the Individual Subscription Terms constitute the Subscription Agreement that applies between the Customer and JP/POL. The Individual Subscription Terms take precedence over the General Subscription Terms.

1.3 The Subscription Products/Services covered by the Customer's Subscription Agreement appear in the Individual Subscription Terms.

1.4 If the Customer's Subscription Agreement provides access to services delivered by JP/POL's partners, delivery—depending on the services in question and as further specified in the Individual Subscription Terms—takes place on the basis of the relevant partners' contractual terms. Regardless of whether payment is made to JP/POL, JP/POL is not responsible for the use of such services or for the relevant platforms.

1.5 Communication between the Customer and JP/POL is generally via email, and it is therefore a requirement, unless otherwise agreed, that the Customer has an active email address.

1.6 If the Subscription Agreement includes digital Subscription Products/Services, the Customer must create a login. The login is a prerequisite for accessing digital Subscription Products/Services. It is a personal login that can be used on JP/POL's websites and in apps. The login also makes it possible to use digital self-service solutions such as pausing, holiday changes and complaints, as well as access to information about subscriptions.

2. CONCLUSION OF AGREEMENT AND DURATION

2.1 The Subscription Agreement is concluded upon the Customer's receipt of a physical or electronic order confirmation from JP/POL.

2.2 The term of the Subscription Agreement and any binding period appear in the Individual Subscription Terms.

2.3 The Subscription Agreement is an agreement for an ongoing service that continues until terminated by either the Customer or JP/POL. The Customer may terminate the Subscription Agreement with one month's notice to the end of a calendar month or, if the Customer is in a binding period, with one month's notice to the expiry of the Subscription Agreement's binding period. Any shorter notice period appears in the Individual Subscription Terms. The Customer's termination must be by phone or in writing, either electronically or by letter. In certain cases, termination can take place directly via the Customer's digital self-service solution.

2.4 The Customer may at any time order additional Subscription Products/Services from JP/POL, provided that the Customer accepts the terms that may apply thereto.

3. SUBSCRIPTION PRODUCTS/SERVICES

3.1 The Subscription Products/Services covered by the Customer's Subscription Agreement appear in the Individual Subscription Terms.

3.2 Digital Subscription Products/Services are delivered over the internet. It is the Customer's responsibility that the internet connection is stable and usable, and that the Customer's device or web browser supports the use of digital Subscription Products/Services. JP/POL assumes no responsibility for this and cannot be held liable for the Customer's data usage.

3.3 Digital Subscription Products/Services are accessed via the Customer's login. The Customer's login is personal and exclusively for the Customer's use. The number of devices that the login may be associated with appears in the Individual Subscription Terms, and any limitations on simultaneous use of associated devices likewise follow from the Individual Subscription Terms.

3.4 The Customer is not entitled to share, lend, or otherwise transfer their login to any third party. Nor is the Customer, beyond what follows from the Customer's Individual Subscription Terms, entitled to share or redistribute the content of the Customer's Subscription Products/Services, nor is the Customer entitled to use the content for business or commercial purposes. Failure to comply herewith is regarded as a material breach, cf. clause 11.1.

3.5 If the Customer's Subscription Agreement allows the addition of extra users, this will appear in the Individual Subscription Terms.

3.6 It is a prerequisite for correct delivery of the Customer's printed Subscription Products/Services that the Customer has a mailbox or letter slot. Delivery is generally by courier or other distributor. In certain cases, depending on the distributor, delivery may take place to a box placed at the property's natural boundary or by a public road. The options for moving, holiday changes etc. follow from the Customer's Individual Subscription Terms and are carried out via JP/POL's digital self-service solutions or by contacting customer service.

4. PAYMENT

4.1 The Customer pays for delivery of the Subscription Products/Services in accordance with what appears in the Individual Subscription Terms. The subscription price follows from the Individual Subscription Terms.

4.2 Payments for one-off paid services and any fees are not refunded in the event of termination of the Subscription Agreement.

4.3 JP/POL invoices the Customer in advance as stated in the Individual Subscription Terms or in accordance with the Customer's choice of invoicing method via the digital self-service solution. The Customer may choose to pay by automatic transfer via payment card or another payment solution supported by JP/POL. The Customer may also choose to pay via Betalingsservice. For payment via Betalingsservice, JP/POL charges a payment fee in accordance with the fee schedule applicable at any given time, which is available via JP/POL's website jppol.dk. If the Customer does not wish to pay by payment card or another payment solution or via Betalingsservice, JP/POL sends an invoice to the Customer, and JP/POL charges an invoicing fee in accordance with the fee schedule applicable at any given time, available via jppol.dk.

4.4 JP/POL is entitled to charge interest and reminder fees in accordance with the rules of the Danish Interest Act if the Customer does not pay on time.

4.5 The Customer's failure to pay constitutes a material breach of the Subscription Agreement, and JP/POL is therefore entitled to terminate the Subscription Agreement and claim damages etc., cf. clause 11.1. In the event of the Customer's failure to pay, JP/POL is, in addition to termination and at JP/POL's own discretion, entitled to temporarily deactivate or stop delivery of the Subscription Products/Services until such time as the Customer resumes payment. JP/POL's deactivation or stoppage of delivery does not mean that the Customer's payment obligation ceases. The Customer remains obliged to make payment in accordance with the Subscription Agreement, also for the period during which the Customer's subscription is deactivated or stopped.

5. PROCESSING OF PERSONAL INFORMATION

5.1 For the purpose of administering the Subscription Agreement and the ongoing account between JP/POL and the Customer, including administration of ongoing offers, services and/or facilities in which the Customer participates or registers, for statistics and sending of material and newsletters etc., JP/POL processes various personal information about the Customer such as name, address, telephone number, email address, payment information, associated devices, IP address, consumption, etc. The Customer's information is processed internally within the JP/POL group and may, among other things, be disclosed to units and companies belonging to JP/POL, including subsidiaries and associated companies, and to data processors who process the information on behalf of and subject to the instructions of JP/POL, as well as to JP/POL's partners, public authorities, etc. For further information on the processing of personal information etc., please refer to JP/POL's privacy policy (https://jppol.dk/en/privacy-policy/).

6. CHANGES

6.1 JP/POL may continuously make changes to the composition, structure and content of Subscription Products/Services, cf. clause 6.4 regarding notice and the right to terminate. This may, for example, be a consequence of editorial changes or decisions, entering into new collaborations or termination of existing ones, development of new products, services or new content, as well as the phasing out of products, services or content.

6.2 JP/POL may continuously change the subscription price, cf. clause 6.3 regarding notice and the right to terminate. JP/POL may, among other things, change the subscription price as a result of increases in the net price index or to accommodate inflation calculated from 1 January of the preceding calendar year (index 100) as well as to cover external costs associated with JP/POL's delivery of the Subscription Products/Services under the Subscription Agreement, such as price increases from suppliers of products/services covered by the Subscription Agreement, costs for suppliers, banks, distribution, printing, and the like. Furthermore, JP/POL may change the subscription price if JP/POL's increased expenses are a result of new or amended legislation, regulation or practice or product changes.

6.3 JP/POL may continuously change the content of these General Subscription Terms. The changes will be shown in good time on JP/POL's website jppol.dk, cf. clause 6.4 regarding notice and the right to terminate.

6.4 If JP/POL changes the Subscription Products/Services, cf. clause 6.1, the subscription price, cf. clause 6.2, or makes material changes to the content of the General Subscription Terms to the detriment of the Customer, cf. clause 6.3, JP/POL notifies the Customer of the change with a notice period of at least the current month plus one month before the change takes effect. The Customer then has the opportunity to terminate the Subscription Agreement effective as of the change taking effect with the usual notice period of the current month plus one month, alternatively with a shorter notice period as stated in the Individual Subscription Terms. Customers covered by any binding period have, if the change takes effect before the expiry of the binding period, the opportunity to terminate the Subscription Agreement with 14 days' written notice effective as of the change taking effect. In the event of termination, the Customer is entitled to have any subscription payment that covers a period after the Subscription Agreement ends refunded.

6.5 JP/POL may continuously introduce new fees or change fees covered by these General Subscription Terms. Such fees may, for example, be introduced or changed as a result of increased costs for JP/POL for postage, handling customer inquiries and handling customer payments, including as a result of restructuring or modernization of JP/POL's business processes. The changes will appear in good time in the fee schedule applicable at any given time as well as on JP/POL's website. The Customer also has the opportunity to obtain information about current fees by contacting customer service. If JP/POL introduces new fees, or if there is an increase of more than 10% in an existing fee, JP/POL notifies the Customer thereof with a notice period of at least the current month plus one month before the introduction or increase takes effect.

6.6 JP/POL may change the intervals at which the Customer is invoiced. JP/POL notifies the Customer of the change with a notice period of at least the current month plus one month before the change takes effect.

7. OPERATIONAL DISRUPTIONS, DELIVERY, ETC.

7.1 If the Customer experiences obstacles or operational disruptions associated with receiving digital Subscription Products/Services that are not due to the Customer's own circumstances, the Customer must contact JP/POL's customer service. JP/POL remedies operational disruptions in its own network and on its own equipment as quickly as possible.

7.2 The Customer is entitled to a proportional refund of or reduction in the subscription price in the event of obstacles or material operational disruptions associated with the Customer's receipt of digital Subscription Products/Services covered by the Subscription Agreement, provided that the obstacle or operational disruption has occurred in a continuous period of at least 48 hours, and provided that the obstacle or operational disruption can be verified by JP/POL's network operator at any given time. Any claims for proportional refund of or reduction in the subscription price must be submitted no later than 10 days after the obstacle or operational disruption has been established by contacting JP/POL's customer service. The Customer is not entitled to a refund of or reduction in the subscription price if the problem is due to the Customer's own circumstances, e.g. the Customer's internet connection, device or web browser.

7.3 Printed Subscription Products/Services are published as stated in the Individual Subscription Terms. Missing issues are reported via JP/POL's digital self-service solutions, and the Customer is reimbursed an amount corresponding to the average unit price covered by the Subscription Agreement. If the Customer does not have a mailbox or letter slot, or a receiving box at the property's natural boundary or public road, missing issues are not reimbursed. Delays and lost individual sections are not reimbursed.

7.4 JP/POL is not responsible for operational disruptions etc. on any partners' platforms.

8. CHANGE OF ADDRESS

8.1 If the Customer moves, the Customer must immediately notify JP/POL of their new address by phone to JP/POL's customer service or in writing, either electronically or by letter, or via JP/POL's digital self-service solution. If the Customer fails to notify JP/POL of a change of address, the Customer bears full responsibility for non-delivery, any reminder fees incurred etc. as a result of the failure to change address.

9. LIABILITY

9.1 JP/POL is not liable to the Customer for direct or indirect loss that the Customer may suffer as a result of the Customer's use of the Subscription Products/Services covered by the Subscription Agreement or for obstacles or operational disruptions associated with the Customer's receipt of the Subscription Products/Services beyond what follows from these General Subscription Terms.

9.2 The Danish Sale of Goods Act's rules on defects apply to the Subscription Agreement.

10. TEXT AND DATA MINING

10.1 Text, graphics, images, sound and other content contained in Subscription Products/Services are protected under the Copyright Act. JP/POL reserves all rights to text and data mining. The Customer is therefore not entitled to extract and make copies of Subscription Products/Services for the purpose of text and data mining.

11. BREACH OF THE AGREEMENT

11.1 If a party materially breaches the Subscription Agreement, the other party is entitled to terminate the Subscription Agreement in writing with immediate effect for the future. Material breach on the part of the Customer includes, among other things, any violations of JP/POL's copyrights, text and data mining in breach of clause 10, the Customer sharing, lending or otherwise transferring their login to a third party, the Customer sharing and redistributing the content or making business or commercial use of the Subscription Products/Services, as well as the Customer's failure to pay more than 10 days after the due date according to reminder notice(s).

12. ASSIGNMENT OF THE AGREEMENT

12.1 JP/POL is entitled to assign all rights and obligations under the Subscription Agreement to a third party. The Customer's assignment of rights and obligations under the Subscription Agreement to a third party requires written approval from JP/POL.

13. RIGHT OF WITHDRAWAL

13.1 The Customer has a 14-day right of withdrawal in accordance with the rules of the Danish Consumer Contracts Act. For digital services and digital online content, the right of withdrawal ceases if the services have been fully delivered before the expiry of the withdrawal period, provided that the Customer has consented to and acknowledged that JP/POL initiates delivery. The Customer is charged payment for delivered Subscription Products/Services or access thereto in the period up to the Customer's exercise of their right of withdrawal, provided that the Customer has expressly requested that JP/POL initiates delivery. Read more about the right of withdrawal in JP/POL's standard guidance for withdrawal available at jppol.dk as well as in the Individual Subscription Terms.

14. SPECIAL TERMS FOR PURCHASES IN IOS AND ANDROID APPS

14.1 Purchase of access to digital services or digital online content for 30 days or single purchases is binding for the entire period paid for. Purchased services/content are only available via the Customer's iOS/Android device (smartphone or tablet). No physical delivery is made. Payment and payment information etc. follow the terms and conditions for purchases via the App Store/Google Play. 30-day subscriptions are linked to the buyer's Apple ID/Google Play account and are available where one is logged in. 30-day subscriptions cannot be put on hold for holidays etc., and they are automatically renewed. Termination takes place via the buyer's Apple account/Google account. Single purchases are only available on the device on which the purchase was made. Options for withdrawal follow Apple's/Google's terms.

15. LEGAL VENUE etc.

15.1 This agreement is governed by Danish law. Any disputes must be brought before the Danish courts.

15.2 A complaint may also be submitted to Nævnenes Hus, the Mediation Team for Consumer Complaints, Toldboden 2, 8800 Viborg via https://naevneneshus.dk/. The Mediation Team will attempt to resolve the dispute through mediation, and if it is not possible to find a solution, the complaint may be brought before the Consumer Complaints Board. The EU Commission's online complaint portal may also be used when submitting a complaint: http://ec.europa.eu/odr. When submitting a complaint, JP/POL's email address abonnement@pol.dk must be stated. This is particularly relevant for Customers residing in another EU country.

16. ENTRY INTO FORCE

16.1 The General Subscription Terms enter into force on 20 June 2023. (Last updated 15 September 2023)

JP/Politikens Hus A/S, Mediebyen 3, 8000 Aarhus, tel. +45 7015 0101, e-mail abonnement@pol.dk, CVR no. 26933676