Play Magnus Subscription Terms

These Subscription Terms set out the terms under which certain benefits and features ("Paid Features") accessible for a fee on a subscription basis (“Subscription”), is sold by us through playmagnus.com ("Play Magnus"). Some of the subscriptions are renewable; others are indefinite or time-limited. We will display the basis on which your subscription is offered before you purchase it.

Subscriptions, Paid Features, Pricing and Availability

  1. We may from time to time change our prices. Changes in price will not affect any Subscription that you have already purchased but will apply to any subsequent renewal or new Subscription. We will inform you of any change in price at least 14 days before the change is due to take effect. If you do not agree to such a change, you may cancel the Subscription.
  2. Minor changes may, from time to time, be made to certain paid features, for example, to reflect changes in relevant laws and regulatory requirements, or to address technical or security issues or rights restrictions. These changes will not alter the main characteristics of the Paid Features and should not normally affect your use of that Paid Feature. However, if any change is made that would affect your use of the paid features, suitable information will be provided to you.
  3. Where any updates are made to paid features, that Paid Feature will continue to match our description of it as provided to you before you purchased your Subscription to access the Paid Feature. Please note that this does not prevent us from enhancing the paid features, thereby going beyond the original description.
  4. We make all reasonable efforts to ensure that all prices shown on Play Magnus are correct at the time of going online.

Orders

  1. Play Magnus will guide you through the process of purchasing a Subscription. Before completing your purchase, you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
  2. If, during the order process, you provide us with incorrect or incomplete information, please contact us as soon as possible. If we are unable to process your order due to incorrect or incomplete information, we will contact you to ask you to correct it. If you do not give us the accurate or complete information within a reasonable time of our request, we will cancel your order. We will not be responsible for any delay in the availability of paid features that results from you providing incorrect or incomplete information.
  3. In the unlikely event that we do not accept or cannot fulfil your order for any reason, we will explain why by email. No payment will be taken under normal circumstances. If we have taken payment, any such sums will be refunded to you as soon as possible and in any event within 14 days.

Payment

  1. Payment for Subscriptions must always be made in advance. Your chosen payment method will be charged when we process your order and send you a Subscription Confirmation by email (this usually occurs immediately and you will be shown a message confirming your payment).
  2. We accept the following methods of payment on Play Magnus:
    1. Visa, Mastercard, American Express, Discover, Diner's Club and JCB via our payment partner Stripe.
  3. If you do not make any payment due to us on time, we will suspend your access to the paid features. If you do not make payment within 7 days of our reminder, we may cancel the Subscription. Any outstanding sums due to us will remain due and payable.
  4. If you believe that we have charged you an incorrect amount, please contact us at feedback@playmagnus.com as soon as reasonably possible to let us know. You will not be charged for paid featureswhile availability is suspended.

Provision of Paid Features

  1. Paid Features appropriate to your Subscription (if you are logged in, you can see the current list here) will be available to you immediately when we send you a Subscription Confirmation and will continue to be available for the duration of your Subscription (including any renewals).
  2. In some limited circumstances, we may need to suspend the provision of paid features (in full or in part) for one or more of the following reasons:
    1. To fix technical problems or to make necessary minor technical changes; or
    2. To update the paid features to comply with relevant changes in the law, the requirements of anyone holding rights to the paid features, or other regulatory requirements.
  3. If we need to suspend availability of the paid features for any of these reasons, we will inform you in advance of the suspension and explain why it is necessary. If the suspension lasts (or we tell you that it is going to last) for more than 7 days, you may end the Subscription.
  4. We may suspend provision of the paid features if we do not receive payment on time from you. We will inform you of the non-payment on the due date, however if you do not make payment within 7 days of our notice, we may suspend provision of the paid features until we have received all outstanding sums due from you. If we do suspend provision of the paid features, we will inform you of the suspension. You will not be charged for any paid features while provision is suspended.
  5. We may suspend or terminate your Subscription if you breach Play Magnus terms of use (including these Subscription Terms). We value our engagement with the chess community and will make every effort to be sensible and proportionate when considering any breaches.

Renewal of Your Subscription

If we have indicated to you at the time of purchase that your Subscription is one which is on an auto-renew basis, it will renew automatically until the end of the subscription period in which you notify us by email to feedback@playmagnus.com that you wish to cancel it (or unless terminated earlier in accordance with these terms), or arrange with your payment services provider to cease payments in respect of the Subscription.

Problems with the Paid Features

  1. By law, we must provide paid features that are of satisfactory quality, fit for purpose, and as described. If any Paid Feature available through your Subscription does not comply, please contact us as soon as reasonably possible to inform us of the problem. Your available remedies will be as follows:
    1. If the Paid Feature has faults, you will be entitled to a repair or a replacement.
    2. If we cannot fix the problem, or if it has not been (or cannot be) fixed within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund.
    3. If you can demonstrate that the fault has damaged your device or other digital content belonging to you because we have not used reasonable care and skill, you may be entitled to a repair or compensation.
  2. If there is a problem with any Paid Feature, please contact us at feedback@playmagnus.com or visit the Contact page on Play Magnus to inform us of the problem.
  3. Refunds (whether full or partial, including reductions in price) under this Section 6 will be issued within 14 calendar days of the day on which we agree that you are entitled to the refund.
  4. Refunds under this Section 6 will be made using the same payment method that you used when purchasing your Subscription.
  5. For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.

Cancelling Your Subscription

  1. Except for monthly Subscriptions (which may only be terminated under the “cooling-off” period by EU consumers as set out below), you may cancel your Subscription at any time from 30 days from the date of your Subscription Confirmation email from us.
  2. If you are a consumer in the European Union, by default you have a legal right to a “cooling-off” period within which you can cancel the Subscription for any reason, including if you have changed your mind, and receive a refund. The period begins once we have sent you your Subscription Confirmation and ends when you access the paid features, or 14 calendar days after the date of our Subscription Confirmation, whichever occurs first.
  3. After the cooling-off period, you may cancel your Subscription at any time, however subject to sections 7.4 and 8, we cannot offer any refunds and you will continue to have access to the paid features for the remainder of your current Subscription (up until the renewal or expiry date, as applicable), at which time the Subscription will end.
  4. If you allow a Subscription to auto-renew by mistake, please inform us as soon as possible. We will be able to cancel the Subscription and issue a full refund.
  5. If you wish to exercise your right to cancel under this Section 7, you may inform us of your cancellation in any way you wish, however for your convenience we offer a contact form on and will include a link to it with the Subscription Confirmation. Cancellation by email or by post is effective from the date on which you send us your message. If you would prefer to contact us directly to cancel, please use the following email: feedback@playmagnus.com. Be sure to provide us with your name, address, email address, and Subscription ID.
  6. We may ask you why you have chosen to cancel and may use any answers you provide to improve our content and services, however please note that you are under no obligation to provide any details if you do not wish to.
  7. Refunds under this Section 7 will be issued to you as soon as possible, and in any event within 14 calendar days of the day on which you inform us that you wish to cancel.
  8. Refunds under this Section 7 will be made using the same payment method that you used when purchasing your Subscription.

Your Other Rights to End the Subscription

  1. You may end the Subscription at any time if we have informed you of a forthcoming change to your Subscription or the paid features, or to these Subscription Terms that you do not agree to. If the change is set to take effect or apply to you before the end of your current Subscription, we will issue you with a prorated refund equal to the remaining time left in that Subscription. If the change will not take effect or apply to you until the expiry of your current Subscription, the Subscription will end at the end of that Subscription period and you will continue to have access to the paid features until that date.
  2. If we have suspended availability of the paid features for more than 7 days, or we have informed you that we are going to suspend availability for more than 7 days, you may end the Subscription immediately. If you end the Subscription for this reason, we will issue you with a pro-rated refund.
  3. You also have a legal right to end the Subscription at any time if we are in breach of it. You may also be entitled to a full or partial refund and compensation. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
  4. Refunds under this Section will be made within 14 calendar days of the date on which your cancellation becomes effective, using the same payment method that you used when purchasing your Subscription.

Our Liability to You

  1. We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Subscription Terms or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Subscription is created. We will not be responsible for any loss or damage that is not foreseeable.
  2. Our paid features are intended for non-commercial use only. We make no promise that the paid features are fit for commercial, business or industrial use of any kind. We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.
  3. If, as a result of our failure to exercise reasonable care and skill, any digital content (including but not limited to paid features) from Play Magnus damages your device or other digital content belonging to you, we will either repair the damage or pay you appropriate compensation. Please note that we will not be liable under this provision if:
    1. The damage has been caused by your own failure to follow our instructions; or
    2. Your device does not meet any relevant minimum system requirements that we have made you aware of before you purchased your Subscription.
  4. Nothing in these Subscription Terms seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.
  5. Nothing in these Subscription Terms seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

Contacting Us

If you wish to contact us with general questions or complaints or to cancel your Subscription, you may contact us by email at feedback@playmagnus.com.

Play Magnus Digital Content Purchase Terms

These terms set out the basis on which you obtain access to and pay for additional chess content on Play Magnus – chess books, graphic depictions of chess tips, and any accompanying video.

Permission to use the Digital Content

  1. When you are given access to Digital Content through Play Magnus you will have the right to use it for your own personal use, in accordance with these terms, for as long as you have an active Play Magnus account.
  2. We will send you a Purchase Confirmation to notify you that we have accepted your order for Digital Content. We are entitled to reject orders for access to Digital Content where we have reasonable grounds to do so, including if you have previously been in breach of our Terms of Service, or where we consider the cancellation right is being abused (see YOUR RIGHT TO CANCEL below). In the unlikely event that we do not accept or cannot fulfil your order for any reason, we will explain why by email. No payment will be taken under normal circumstances. If we have taken payment, any such sums will be refunded to you as soon as possible and in any event within 14 days.
  3. The Digital Content:
    1. is personal to you. You can use it wherever you want in the world but only if you comply with local laws;
    2. is non-exclusive to you. We may supply the same or similar Digital Content to other users;
    3. may be used only on Play Magnus (it is not a PGN file and you cannot export or download it);
    4. may not be:
      1. copied by you;
      2. changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
      3. combined or merged with, or used in, any computer program;
      4. distributed or sold by you to any third party;
      5. exported out of Play Magnus;
    5. includes a guide on how to use it. Please read this carefully. This guide is set out here;
    6. contains information which is owned by us or third parties or both. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.

Your Right to Cancel

  1. You may cancel your Digital Content order at any time from 30 days from the date of your Confirmation email from us. This does not affect your legal rights under the 14 days “cooling-off period” below if you are a consumer in the European Union. We cannot sustain relationships with customers who repeatedly cancel orders in such a way that a pattern becomes apparent that suggests that they are not making purchases in good faith. If we notice behaviour that we reasonably consider represents abuse of the cancellation right, we may refuse to accept further orders from you.
  2. If you are a consumer in the European Union, by default you have a legal right to a "cooling - off" period for certain purchases for any reason, including if you have changed your mind, and receive a refund. The period begins once we have sent you your Purchase Confirmation and ends 14 calendar days after the date of our Purchase Confirmation.

Availability of Content

  1. The Digital Content you can purchase through Play Magnus may change over time.
  2. We will do everything we reasonably can to give you access to your digital content for as long as you wish to remain a Play Magnus member, but we cannot guarantee that you will be able to view Digital Content that is in your Play Magnus account forever. To be clear, only in very exceptional circumstances will any of the Digital Content you purchase a right to use need to be removed, but where we no longer have the right to make it available, you will no longer be able to view that content from your Play Magnus account. We will try not to take down such content without first notifying you that it is due to be taken down, so that you have the opportunity to make use of the Digital Content.
  3. In addition, we may have to remove or stop you accessing some Digital Content, or replace some Digital Content in your Play Magnus account with an edited version, when there are legal or other issues, or if you breach these Digital Content Purchase Terms. If we need to permanently remove Digital Content for these reasons, it will be removed from your Play Magnus account and you may be entitled to a refund (except where we’ve removed your purchased Digital Content because you’ve breached these Digital Content Purchase Terms) and we will confirm your refund by email.

What happens when my account is closed?

  1. If you close your account or we terminate it in accordance with these terms of service, you will lose access to the Digital Content in your Play Magnus account.
  2. Please make sure you have used up all the credit in the balance in your Playmagnus account, as you cannot get a refund for unused credit.

Payment

  1. We accept the following credit cards and debit cards: Visa, Mastercard, American Express, Discover, Diner's Club and JCB.
  2. The price of the Digital Content:
    1. is in US Dollars; and
    2. includes VAT at the applicable rate when checking out in your local currency.
    3. We occasionally offer promotional discounts for Digital Content.

Nature of the Digital Content

  1. If you are a consumer in the United Kingdom, the Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, that the Digital Content:
    1. is of satisfactory quality;
    2. is fit for purpose; and
    3. matches its description.
  2. We must provide you with Digital Content that complies with your legal rights.
  3. When we supply the Digital Content:
    1. we will use all reasonable efforts to ensure that it is free from defects; viruses and other malicious content;
    2. we do not promise that it is compatible with any third-party software or equipment except where we have said that it is in the guide to its use or on our website; and
    3. you acknowledge that there may be minor errors or bugs in it.

Faulty Digital Content

  1. Please contact us by email at feedback@playmagnus.com, if you want:
    1. us to repair the Digital Content;
    2. us to replace the Digital Content;
    3. a price reduction; or
    4. to reject the Digital Content and get a refund.
  2. To avoid faults happening, you must use Digital Content by means of Playmagnus, only on the recommended third-party software and equipment specified on Playmagnus.

Playmagnus Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access our website www.playmagnus.com (“Play Magnus”). This acceptable use policy applies to all users of, and visitors to, Play Magnus.

Your use of Play Magnus means that you accept, and agree to abide by, all the policies in this acceptable use policy.

Prohibited uses

You may use Play Magnus only for lawful purposes. You may not use Play Magnus:

  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of Play Magnus.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of Play Magnus;
    • any equipment or network on which Play Magnus is stored;
    • any software used in the provision of Play Magnus; or
    • any equipment or network or software owned or used by any third party.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of Play Magnus. When a breach of this policy has occurred, we may take such action as we deem appropriate including suspension or termination of your Play Magnus account.