Disclaimer, terms and conditions: single issue purchase

The following are additional ("Additional Terms") to the standard disclaimer, terms and conditions ("Standard Terms") relating to the purchase of a single Premium issue of the Updates. The Standard Terms apply to all users of both Standard and Premium editions of the Updates . The Additional Terms apply specifically to those people or parties (such as institutions) who/which have purchased a single Premium issue ("Purchaser). (If you want to see the Standard Terms click on the link at the end below.)

By making such purchase and/or using a Premium Update issue you agree that you have understood and agree to be bound by the Additional and the Standard Terms.

Current as of 1st July 2009

NOTE: Our terms relating to refunds are stated in clause 4.

Terminology
These Additional Terms incorporate the terminology definitions set out in the Standard Terms . In addition, the following definitions and variations to definitions of terms apply to the Additional Terms:
• Premium Updates includes all archived issues of the Standard Updates of issue number greater than #86.
• Form is the valid form on our website at www.nutritionupdates.org to which the purchaser is directed after completing their purchase and on which they are asked to specify the single issue (number and/or subject matter) they are requesting to receive and their email address and name for delivery of the requested issue.
• Purchased issue: is the single Premium issue delivered to the purchaser based on information provided by the purchaser in the form.
• Third Party Provider includes any third party or parties used by Arbor to provide administrative or financial transaction services in connection with the payment and renewal of subscriptions and/or the issuing of passwords.

1. Delivery of the Premium Updates:
(a) Arbor will take reasonable care to email within a reasonable time frame the purchased issue as an Acrobat document attached to an email sent to the email address specified by the purchaser in the form.

(b Because many factors outside of Arbor's direct control can mean that an email sent by Arbor in this way does not reach its destination. Arbor will not be liable in any way for the failure of any Premium Update issue to reach a purchaser within any particular time frame, but will use its best reasoable efforts to ensure that the purchaser does receive the issue they requested.

(c) It is the purchaser's responsibility to ensure that the details they provide on the form are correct, incuding that the issue they specify is the issue they wish to receive and that the email address they provide is a valid one. It is the purchaser's responsibility o ensure that there are no obstacles to delivery to this email address, for example by removing any blocks and filtering that may apply to such an email, including any that may stem from the fact that the email contains an Acrobat attachment that may exceed 300 kbytes in size. It is the purchaser's responsibility to have the relevant software to read the purchased issue.

2. Fair use:
(a) Purchaser is entitled to use the purchased issue for their personal use only, including to print out the Updates and to make a single copy of the Updates (one each of the email and the Acrobat versions) for backup purposes. Commercial use of the Premium Updates is specifically prohibited.

(b) Unlike the Standard Update issues, Premium subscribers may not forward or share use of the purchased issue to or with any other person or party. Neither the purchaser nor any other party not expressly authorised in advance and in writing by Arbor may include extracts of the purchased issue or any other issue of the Premium Updates in any other publication or communication other than quotation of a small extract for the purpose and under normal conditions of fair academic use (for example in referring to an issue's content within an academic paper or discussion). Premium subscribers may not wilfully or recklessly misrepresent the contents of the Updates, Premium resources or the website, nor claim, sell, rent or otherwise assign ownership or rights including copyright of any content over which Arbor holds intellectual rights.

3. Financial arrangements:
(a) Arbor may use one or more Third Party Provider, for example in the financial transaction of purchasing the purchased issue. In such case subscribers are entirely responsible for their own relationships with any Third Party Provider, including notifying that provider of any financial queries regarding their purchase. Arbor is not responsible nor will it be liable for any aspect or consequences of the relationship between the Third Party Provider and the subscriber. Arbor is not in partnership of joint venture with any Third Party Provider.

(b) Regardless of whether an acknowledging email regarding a purchase has been sent by either Arbor or the Third Party Provider or whether they have been sent the purchased issue, the issue has been purchased only when payment in full has been received by Arbor, or it has been notified by the Third Party Provider that the subscriber's payment has been authorised and is complete.

4. Refunds, chargebacks, replacement issues:
(a) The subscriber agrees that the only basis for requesting a reversal (sometimes referred to as a "chargeback") or refund of a payment already made, or of other charges from Arbor or from a Third Party Provider in connection with a purchased issue, or of the sending by Arbor of another Premium issue instead of one that has already been sent, will be the failure of Arbor to send the purchased issue to the purchaser within a reasonable time frame and due to reasons that are within Arbor's reasonable control and which are not in any significant degree related to actions or omissions by the purchaser.

(b) This does not limit a reversal or refund being requested by someone because of fraud, insofar as a payment was taken from their accounts without their authority and despite the fact that they were not the person or party who attempted to purchase. In this case, for the purpose of the Additional Terms that person was not a purchaser to begin with.

(c) This is not a try and buy service. Hence, the purchaser agrees that the failure of the purchased issue to match any description of the issue on our website or elsewhere, or the title of the issue or any other expectation the purchaser may have, whether reasonable or not, is not grounds for refund, chargeback or the sending of another Premium issue.

(d) It is the purchaser's responsibility to correctly specify which issue they wish to receive. If they have specified an incorrect issue,for example by giving an issue number other than the one they intended, or have not given an issue number but a description of the issue topic and Arbor using that description has sent an issue different to the one that the purchaser intended, the purchaser agrees that these outcomes are not grounds for refund, chargeback, the sending of another Premium issue or any other liability of Arbor or any third party towards the purchaser.

(e) If any payment shall be refunded or reversed for any reason (whether this was initiated by the subscriber, by the Third Party Provider or by a credit card company, bank or other financial institution involved in the transaction), the purchaser agrees to immediately destroy and/or entirely delete from any electronic storage media the original and all copies of the purchased issue that they have received or copies that they have made or allowed to be made.

5. Change to these Additional Terms:
Arbor may change these Additional Terms at any time without giving prior notice to the purchaser, but such change will only apply to single issue purchases made after the change is made.

Click here to see Standard terms