Terms and Conditions
Our termsWhen you become a member of Tortoise, Tortoise Media Ltd (“Tortoise”, “we”, “us”, “our”) makes certain Digital Content, ThinkIns and other products available to you under these terms and conditions (our “Terms”). These terms are explained below. By taking out a membership with us, you acknowledge that you have read, understood and agree to comply with these Terms. Please read the Terms carefully before you register for your membership. There are various different types of membership options, and these are listed in Appendix 1 (Membership Options ). Unless otherwise stated, when we say:
- ‘App’ we mean the Tortoise digital application;
- ‘Digital Content’ we mean the daily published articles and daily ThinkIns which will be uploaded onto the App and Website;
- ‘Founding Member’ we’re referring to individuals who benefit from founding member status which includes additional benefits such as, the option to bring non-member guests to ThinkIns;
- ‘Kickstarter Founding Member’ we’re referring to individuals that pledged money in our crowdfunding campaign that was launched in October 2018 on Kickstarter;
- ‘Kickstarter’ we mean Kickstarter PBC (www.kickstarter.com);
- ‘member’ we’re referring to all of our members; and
- ‘Website’ we’re referring to www.tortoisemedia.com.
Becoming a member
- To become a Tortoise member, please visit www.tortoisemedia.com and choose whichever membership option you’d like to sign up to (each a “membership”).
- Once you have chosen your membership package, you will need to provide us with some personal information, such as contact details and payment information, so that we can set up your membership. If you are subscribing through the App, we will ask you for this information after you have paid for your membership through the App. If we do not receive this information where you have subscribed through the App, we will not be able to provide you with all of your membership benefits.
- When you submit your registration details, this constitutes an offer to join Tortoise which, if we accept it, constitutes a binding contract. We will send you a confirmation email if we accept your offer (“Confirmation Email”).
- The term of your membership will start on the date that we send you your Confirmation Email (the “Commencement Date”). You will be able to access Digital Content straight away.
- To process your registration, we depend on the accuracy of all of the information you provide when you sign up. Unfortunately we can’t be responsible if, for example, you do not receive the Confirmation Email because you made a mistake in the email address you provided to us (or any other reason).
- If, either when you first join or at any time during your membership, you notice that the information you have given to us is wrong, you can update it via your membership account or by contacting member services at firstname.lastname@example.org.
- We reserve the right to reject your registration for membership without giving you a reason.
Member requirementsAll Tortoise members must be aged 16 years or older, have the power to enter into a contract with us and not be prevented from doing so under any applicable laws.
What does your membership include?All memberships will give you access to our Digital Content. You can find out more details about your membership by signing in to your account on the Website or App and visiting ‘My Tortoise’ and then ‘My Membership’ section.
- A ‘Live and Digital’ membership will give you access to our Digital Content and tickets to 10 ThinkIns per year.
- A ‘Live, Digital and Print’ membership will give you access to our Digital Content, tickets to 10 ThinkIns per year and a copy the Tortoise Quarterly four times per year..
- To access our Digital Content, you can either:
- download the App from the Apple app store (providing you have an Apple iOS smartphone or tablet); or
- log in to the Website;
- Members can download Digital Content onto the App so that articles can be accessed on the go without requiring mobile data or a wifi connection.
- You will be able to access your membership on up to 5 devices.
- Your membership is personal to you and must not be used by anyone else to access the Website or App, nor should you use anyone else’s account at any time.
- To access our Digital Content, you can either:
Can I change my membership?It may be possible to change your membership package (e.g. if you wish to upgrade to a Live, Digital and Print membership) in certain circumstances. Please contact our membership services team to discuss what the options are and they will do their best to help (email@example.com) Can Tortoise change what is included in my membership?
- We reserve the right to withdraw or change membership options and/or pricing at any time. Rest assured, though, that this will not affect any membership that you have already paid for unless we are compelled to make the change by a third-party platform on whom we rely (e.g. Apple or Google) or we have to withdraw a membership option because, for whatever reason, we are unable to fulfil it. In such circumstances, our Refunds policies(Section 8), will apply.
- If we intend to change the price of your membership, we will of course let you know when we send you your Renewal Email, so that you can choose whether or not to cancel your membership when your current term ends.
- From time to time, we may make minor changes to our products and services in order to:
- reflect changes in applicable laws and regulatory requirements; or
- implement minor technical adjustments (e.g. to tackle a security threat); or
- make improvements that will make your experience better.
ThinkInsIf you register to attend a ThinkIn (as part of your membership package) and are consequently unable to attend, please let us know in writing (Section 18) at least 48 hours before the relevant ThinkIn (“ThinkIn Cancellation Notice”) so that we can reallocate your ticket to somebody else. If we do not receive a ThinkIn Cancellation Notice from you, we will assume that you have attended the ThinkIn and your ticket will be deducted from your annual entitlement of ThinkIn tickets.
Tortoise QuarterlyIf your membership includes the Tortoise Quarterly, we will post this to whichever mailing address you’ve given. Please do keep your delivery information up to date. If you don’t receive your copy of Tortoise Quarterly because we sent it to an old or incorrect address that you’ve provided, we can’t take responsibility for that, nor can we guarantee we’ll be able to re-deliver it.
Term and auto-renewal
- Your membership will start on the Commencement Date.
- The duration of your membership will vary depending on which membership option you have chosen. We will let you know what the minimum term is before you agree to purchase your membership and again in your Confirmation Email.
- Your membership will automatically renew unless and until it is ended either by you or us (see Sections 7 and 9). We will send you an email 30 days before your membership is due to automatically renew, explaining how you can cancel the auto-renewal or change your membership option (a “Renewal Email”).
- You are not entitled to a refund if you decide you want to cancel the auto-renewal or change your membership option after your membership has automatically renewed, unless Section 8.2 (Refunds) applies.
Price and payment
PriceThe price of your membership package (which includes VAT) is the price stated on the Website or App registration pages when you join.
- Payment will be taken monthly or annually (depending on which option is available when you registered) starting from the Commencement Date, unless or until your membership is cancelled in accordance with Section 7 (Cancellation of membership) or Section 9 (Our rights to cancel or suspend your membership).
- We do need you to provide us with complete and accurate payment information at the time you join or alternatively pay through the App.
- Payments can be made by direct debit, credit or debit card.
- If you have any queries about your membership price, payment options or payment intervals, then please get in touch with our member services team at firstname.lastname@example.org.
Changes to the price
- We reserve the right to change the price and/or the benefits of our membership packages. You acknowledge we also have the right to change the price when you are no longer eligible for a membership package. For example, where you have subscribed for an under 30s membership package and you subsequently turn 30 years old. If we do so, we will let you know in your Renewal Email so that you can decide whether you want to renew your membership or not.
- If you do not want to continue your membership on the new terms, you can cancel your auto-renewal in accordance with Section 7.3 (Cancellation).
Default paymentsWe may end or suspend your membership if we do not receive your payment when it is due, and if we haven’t received your payment within 7 days of us reminding you that it is due.
- We may offer new members a ‘guest membership’ or free trial which will include, for the length of time indicated in the offer, a trial of Tortoise’s Digital Content and one ThinkIn ticket, or such other benefits as may be advertised to you at the time of the offer (“Trial Membership Period”).
- The Trial Membership Period will begin as soon as you enter your registration details into www.tortoisemedia.com and receive the Confirmation Email from Tortoise, irrespective of whether you have accessed any content or logged on to the App following such registration.
- If you are subscribing to a free trial:
- You will also be asked to provide your payment details during registration; and
- such payment method will be automatically charged for the term of your subscription (as selected by you during registration) if you do not cancel your membership prior to the expiry of the Trial Membership Period.
- We offer ‘guest memberships’ or ‘free trials’ on a discretionary basis to members and you may not be eligible to such offers if you have previously had a guest membership, free trial, or if you have previously been a paying member. This includes any membership which you chose to cancel.
Cancellation of membersip1
Trial Membership PeriodIn addition to your legal right to cancel (see Section 7.2 below), if you are accessing Tortoise content via a guest membership or free trial, you have a right to cancel at any time during the Trial Membership Period. If you cancel your free trial prior to the expiry of the Trial Membership Period, your payment method will not be charged. However, no refunds are available within the active subscription period.
Legal right to cancel within 14 days
- Subject to the below, you have a legal right to cancel your contract for a membership (including any guest membership or free trial) within 14 calendar days of receiving your Confirmation Email (the “Cancellation Period”) without giving us any reason.
- You expressly agree that we may supply Digital Content to you, as part of your membership, before the end of the Cancellation Period.
- If you want to cancel, please let us know clearly and in writing using the contact details in Section 18. You may use the model cancellation form (which is available in electronic form (here) or in printable format (here)), or you can write your own notice, so long as you include the following information (each constitutes a “Cancellation Notice”)
- your name and contact details;
- a clear statement that you would like to cancel your membership and confirmation that this constitutes your notice of cancellation;
- which membership package you joined; and
- the date you received your Confirmation Email.
- We will confirm we’ve received your Cancellation Notice in writing (normally by email), without delay.
- If you cancel your membership within the Cancellation Period, we will reimburse all payments received from you (unless you are a guest or free trial member in which case you will not yet have paid anything). We will reimburse without undue delay and, in any event not later than 14 days after the day on which we received notice of your Cancellation Notice. We will use the same payment method that you used to purchase your membership, unless you tell us otherwise. We will not charge any fee in respect of the reimbursement.
- If we don’t receive your Cancellation Notice because you make a mistake with our contact details (Section 18), you may not get your refund.
- You will not be entitled to a refund if you attempt to cancel your membership after the Cancellation Period.
Other rights to cancelIf you do not want your membership to auto-renew, you will need to cancel your membership at least 14 days before the final payment of your membership term is due. We will remind you of this 30 days in advance, so you have enough time to cancel. The Renewal Email will give you clear instructions of how you can cancel your membership if you want to.
How to cancel your membership through the AppWhere you have subscribed to a free trial or purchased a membership through the App, you will need to cancel your subscription by following the steps indicated by the relevant App store provider (for example, Apple or Google) whose terms of service shall also apply in addition to these Terms. If and to the extent that there is any conflict between our Terms and the terms of the relevant App store provider, the relevant App store provider’s terms shall prevail only in respect of your subscription to the App (and your related rights to cancel your subscription and/or obtain a refund).
- Other than in the circumstances described in Sections 7.1, 7.2 and 8.2, we are unable to refund you unless:
- we do not fulfil the terms of your membership ; or
- we remove (or add) more third-party platforms, apps and/or app stores from the membership and this results in you being unable to access our Digital Content.
- In exceptional circumstances we may, at our reasonable discretion, give you a proportionate refund. We will review this on a case by case basis. Please contact our member services term if you think you are entitled to a refund, setting out the reasons for your request.
- Other than in the circumstances described in Sections 7.1, 7.2 and 8.2, we are unable to refund you unless:
Our rights to cancel or suspend your membership
- We may cancel or suspend your membership immediately at our reasonable discretion or if you breach these Terms. This includes, if we do not receive payment from you when due (see Section 5).
- Sometimes, we may have to suspend the supply of your membership to you in order to:
- deal with technical problems or make minor technical changes;
- update our App, Website or other products to reflect changes in relevant laws and regulatory requirements; or
- update our App, Website or other products to reflect changes to third party platforms or their respective terms; and/or
- make other changes as requested by you or notified by us to you.
Use of content on the website and app
- You expressly agree that use of the Tortoise Website, App and all Digital Content is for your own personal, non-commercial use only.
- Tortoise is the sole owner of all content on its Website and App including, without limitation, all applicable trademarks, logos, copyrights, patents, trade secrets, trade names, audio, video and any other material appearing on our Website and App (collectively referred to as the “Tortoise Content”).
- You may retrieve, display and download Tortoise Content from the Website or App on your computer or mobile device, for your personal, non-commercial use and provided that you abide by the copyright or trademark notice or any other restriction contained in any material that you download.
- You may not use, reproduce or modify any Tortoise Content for any reason unless you have our prior written authorisation. In particular, but without limitation, this means that you may not do any of the following without prior written permission from Tortoise:
- Reproduce, provide or transmit to any other website, newsgroup, mailing list or other storage device connected to a network, all or any part of the Tortoise Content; or
- modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Tortoise Content (including as part of any library, archive or similar service); or
- remove the copyright or trade mark notice from any copies of Tortoise Content.
- If you would like to request use of any Tortoise Content, please contact email@example.com. We will consider your request, and we reserve the right to either accept or reject it for any reason.
You hold Tortoise harmlessBy agreeing to these Terms, you agree to indemnify and hold harmless Tortoise, its affiliates, employees and agents from any and all claims, suits, actions, liabilities, costs and expenses arising out of a breach by you or any user of your membership account of these Terms or arising out of a breach of your obligations under these Terms unless your breach is directly caused by Tortoise’s own non-compliance or breach of the Terms.
- Subject to Section 13.3, our liability to you in connection with your membership will not exceed the total price of your current membership (which in all cases will be a maximum of 12 months).
- For the avoidance of doubt:
- we will not be liable for any losses suffered as a result of your doing (or not doing) anything as a result of viewing or reading Digital Content;
- we are not responsible for any third party sites that you may access via our Website or App;
- we give no warranties that our Website, App or our Digital Content are virus free, although we will of course take all reasonable steps to ensure it is. You should take your own safety precautions in this respect and we accept no responsibility for any virus or other contamination; and
- we accept no responsibility or liability for any interruption or delay to access to the Website, App or Digital Content.
- We do not exclude liability for:
- death or personal injury caused by our negligence or the negligence of any of our employees or agents;
- fraud or fraudulent misrepresentation; or
- any other liability that cannot be excluded or limited by applicable law.
- You may have statutory rights that apply to your membership. Nothing in these Terms limits, excludes or modifies any of your consumer rights.
Kickstarter Founding Members
- If you are a Kickstarter Founding Member, all of the obligations and benefits of these Terms apply to you except those that relate to your membership term, price, payment, renewal and cancellation rights (i.e. Sections 3.1, 3.2, 4.1, 4.2, 7.2.1 and 7.2.7) which are instead replaced by the terms set out in this Section 14. Section 6 (Trial members) shall not apply to you as you will not qualify as a “new member”.If you have any questions about your membership package or the terms of your membership, please do not hesitate to contact member services at firstname.lastname@example.org.
MembershipThe benefits that you will receive as a Kickstarter Founding Member will vary depending on which membership option you selected on Kickstarter and the amount that you pledged. You can find out more details about your membership by signing in to your account on the Website or App and visiting ‘My Tortoise’ and then ‘My Membership’ section.
TermThe term of your membership will commence on 8th January 2019 (“Start Date”) provided you have registered on the Website before the Start Date. Please note, we may offer you access to Digital Content and the chance to come along to our ThinkIns before the Start Date (“Initial Period”). Any Digital Content that is available on the App or Website in the Initial Period will be provided free of charge. During the Initial Period we will not be under any contractual obligations to you in relation to your membership.
PriceThe price of your membership will be the sum that you pledged on Kickstarter.
PaymentPayment for your membership will be processed by Kickstarter in accordance with Kickstarter’s terms and conditions. Tortoise will not receive your payment details.
RenewalWe will notify you 30 days before your membership is due to expire and provide you with information about the membership packages that you can buy going forward. If you do not want to buy a new membership, your membership will automatically terminate at the end of your current term.
Cancellation RightsYou have a legal right to cancel your contract for membership within 14 calendar days of the Start Date without giving us any reason. To exercise your right to cancel, follow the notice procedures set out in Section 7.2.3. For the avoidance of doubt, Sections 7.2.2-7.2.6 also apply. You will not be entitled to a refund if you attempt to cancel after 14 days of the Start Date.
- We may transfer our rights and obligations under these Terms to another organisation. In such circumstances, we will let you know in advance so that you can decide whether you wish to proceed with your next renewal.
- We shall not be responsible for any failure to perform our obligations to you if such failure is caused by circumstances beyond our control.
- We shall not be responsible if you are unable to access our Website, App or any Digital Content because of issues with your mobile network operator and/or data connection on your device.
- We shall not be responsible for any failure to fulfil any aspect of your membership if this is due to the supply of incorrect details by you.
- If any Section of these Terms is held to be unenforceable, invalid or illegal, it shall not affect or impair the enforceability, legality or validity of the rest of the Terms.
- As we have said in these Terms, Tortoise may communicate with you by email or other means in order to, for example, fulfil your membership or respond to your queries. By agreeing to these Terms, you agree to the use of these communications.
- This contract may be completed in English only.
- These Terms are governed by English law and will be subject to the jurisdiction of the English courts.
Changes to these T&Cs
- We may update these Terms from time to time to ensure we are complying with our legal or regulatory obligations and to make sure we are offering you the very best products and services we can.
- If we make any significant amends, we will let you know in advance so that you can decide whether you wish to proceed with your next renewal.
Corporate informationYour membership is provided by Tortoise Media Ltd (company number 11100473). Registered address: 5 Elstree Gate, Elstree Way, Borehamwood, Hertfordshire, United Kingdom, WD6 1JD2 VAT number: 11100473
Contact usIf you have any questions or wish to make a complaint, you can get in contact via: Email: email@example.com Online: tortoisemedia.com/contact us