Terms and Conditions
Updated: 07 April 2025
-
Our Terms
- These terms and conditions apply to your purchase of voucher, subscription card and home delivery of print subscriptions of the Observer (each a "Subscription") from Tortoise Media Ltd ("Tortoise", "we", "us", "our") (the "Terms"). For the purposes of these Terms, when we refer to Tortoise, we, us or our this includes Tortoise and any third parties that we engage to host or manage a subscription on our behalf (a "Third Party Service Provider").
- By purchasing a Subscription to the Observer, you acknowledge that you have read, understood and agree to comply with these Terms. Please read the Terms carefully.
- As at the date of these Terms (see the date above), Guardian News and Media Limited ("the Guardian") is managing the sales process and Subscriptions on our behalf and as such, the Guardian is acting as our Third Party Service Provider for the purposes of these Terms. Therefore, whilst you may purchase the relevant Subscription via the Guardian either online or using their customer service desk, the Observer is owned by Tortoise and your Subscription contract is with us.
- These Terms apply to the Subscription only. For the terms and conditions that apply to other services offered by the Guardian, please refer to Help Centre | The Guardian, or, for terms and conditions that apply to other services offered by Tortoise please refer to the Observer website.
- If you have any questions about your contract, which terms apply or a Third Party Service Provider's (including the Guardian's) role please contact us using the contact details set out in these Terms.
- We recommend that you save a copy of these Terms for your records. If you have any questions about our Terms, or would like us to email you a copy, please do not hesitate to get in touch using the contact details set out in these Terms.
-
Subscriptions
-
Becoming a subscriber
- You may place an order for a Subscription to the Observer, online on the Observer website or by telephone using the contact details provided below.
- Once you have chosen your Subscription, you will need to provide us with some personal information, such as contact details and payment information, so that we can set up your Subscription.
- When you submit your order, this is an offer from you to purchase a Subscription from us. We will confirm acceptance of your order (and therefore when your Subscription is confirmed) via email, or, in instances where no email address is provided, by post.
- To process your Subscription, 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 our confirmation email because you made a mistake in the email address you provided to us.
- If, either when you first place an order or at any time during your Subscription, you notice that the information you have given to us is wrong, you can update it by contacting customer services using the contact details set out at section 16 or, where you have the ability to do so via your self-service portal on your account.
- We reserve the right to reject any order for any reason.
-
Becoming a subscriber
-
Subscriber requirements
- All subscribers must be aged 18 years or older, have the power to enter into a contract with us and not be prevented from doing so under any applicable laws.
- Subscribers must be UK residents. Non-UK residents are able to purchase a Subscription for UK based residents as gifts.
- Home delivery is only available if we can provide delivery services to the address.
-
What does your Subscription include?
Certain entitlements depend on your specific Subscription as set out below:
-
Home Delivery
- A home delivery Subscription entitles you to receive one printed copy of the Observer every Sunday, for the duration of your Subscription, delivered to your chosen address (either residential or work address).
- For home delivery Subscriptions, you will select the date you wish the Subscription to start as part of your purchase. We aim to complete any home delivery as early as possible on the day of publication to whichever postal address you’ve given. We cannot guarantee delivery on this date. Please contact us by 5:00pm on the day of delivery if you have not received your delivery and we will credit your account.
-
Vouchers
- A voucher Subscription entitles you to receive vouchers to be redeemed against a copy of the Observer in participating retail outlets on a Sunday (see here (Store Finder) for information on participating retail outlets).
- Voucher books will be sent every 13 weeks for the duration of your Subscription. We will send the voucher book to the address that you provide for delivery.
- Each voucher will have a date printed on it showing the publication date that it may be used against. If you fail to redeem the voucher by the date printed on the voucher, the voucher will no longer be valid.
-
Subscription Card
- A subscription card can be redeemed for a copy of the Observer in participating retail outlets on a Sunday (see here (Store Finder) for information on participating retail outlets). In addition, you will also receive a home delivery letter which can be used for the purposes of home delivery in accordance with section 4.8 below.
- The subscription card is valid for the duration of the Subscription purchased. We will contact you after your purchase to provide you with the digital barcode to redeem your subscription card.
- If you wish to arrange home delivery for copies of the Observer purchased using vouchers or subscription cards, you will need to arrange this with your local participating retail outlets. The retailer may charge you for this service. We do not provide this service, nor are we responsible for this service.
- You may request a holiday from your Subscription of up to a total of 5 weeks in each calendar year. For subscription card and vouchers Subscriptions, a holiday provides a credit on future billing to the value of the newspapers that were redeemable during the holiday period. For home delivery subscriptions, we will adjust your next payment after you notify the holiday to us to reflect the break in your Subscription.
- If you would like to request a holiday, you can do this by providing at least 2 days' notice through your account or by contacting us using the contact details at section 17.
- Any Subscription purchased is personal to you and must not be resold or transferred to anyone else (except where you purchase a Subscription as a gift for someone else).
-
Additional free benefits that may be available to Subscribers from time to time
- At our sole discretion from time to time, subscribers may also receive free access to the Observer website, podcasts and Observer newsletters. Such access may vary (and cease) depending on your specific Subscription, including that your access may not be advertising free. Please note that this is a value add and does not form part of your Subscription. Please check the Observer website for further information.
-
Home Delivery
-
Can I change my Subscription?
You may request changes to your Subscription by contacting us using the details at section 17.
-
Term and auto-renewal
- The duration of your Subscription and the frequency of your payments will vary depending on which Subscription option you have chosen (i.e. monthly, quarterly or yearly). We will let you know if a minimum term applies and what the minimum term is before you agree to purchase your Subscription and when we accept your order.
-
Auto-renewal
- Your Subscription will automatically renew for the same period (i.e. monthly, quarterly or yearly), unless and until it is ended either by you or us (see Section 11). We will continue to take payment using your agreed Subscription payment method at the agreed frequency.
- We will send you an email before your Subscription is due to automatically renew, explaining how you can cancel the auto-renewal or change your Subscription option.
-
Price and payment
-
Price
- The price of your Subscription is the price stated as part of your order confirmation and/or any subsequent renewal confirmation email. This price will set out any promotional discounts that we have applied. For the avoidance of doubt, only Tortoise discounts and promotional offers are valid – these may not be the same as discounts offered by a Third Party Service Provider. Only one discount or promotional offer can be used on a Subscription.
- If we discover any error in the price of your order, we will inform you as soon as possible and correct the price of your order. We will provide you with a credit or a refund for any amount overpaid. If you do not wish to continue your Subscription at the correct price, you may cancel your order.
-
Payment
- Payment will be taken monthly, quarterly or annually (depending on which option selected when you subscribed), unless or until your membership is cancelled in accordance with Section 11.
- We do need you to provide us with complete and accurate payment information at the time you subscribe. When you submit credit or debit card details to us, you confirm that you have the express prior permission of the credit/debit card holder.
- Payments can be made by direct debit, credit or debit card or via PayPal.
- Your Subscription fee will be processed by Tortoise Media.
- If you have any queries about your Subscription price, payment options or payment intervals, then please get in touch with us using the details provided in the "contact us" section below.
-
Price
-
Changes to the price/Subscription
- We reserve the right to change the price of the Subscription at any time. Such increase will apply from the earlier of: your next renewal; or the billing date. Prior to any change in price, we will notify you of such change at least 30 days in advance so that you can decide whether you want to renew your Subscription or not. If you do not want to renew your Subscription, you should also cancel your payment and exercise your right to cancel.
-
Default payments
We may end or suspend your Subscription 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.
-
Refunds and cancellation of Subscription
-
Cooling off period
- You have a legal right to change your mind during the 'cooling off period'. The cooling off period is 14 days from the date of the first delivery of your Subscription.
- If you change your mind:
- You can contact us using the contact details in these Terms or send to us the model cancellation form, which is available at the end of these Terms ("Cooling-off Cancellation Notice");
- Return any unused vouchers and subscription cards that you have received as a part of your Subscription to us at your own cost ("Return of Goods"). To find out how to do this, please contact us using the contact details in these Terms;
- for home delivery only Subscriptions, we will refund you in accordance with section 10.4 below within 14 days of receipt of your Cooling-off Cancellation Notice to us; and
- for all other Subscriptions, we will refund you in accordance with section 10.4 below within 14 days of receipt of your Return of Goods to us.
- We will refund you for any Subscription not received/dispatched prior to receiving your Cooling Off Cancellation Notice, or a pro-rata refund where applicable.
-
Your right to cancel
- Subject to the below, you have the right to cancel your Subscription at any time without giving us any reason by contacting us using the contact details in Section 17. This right applies in addition to any rights to cancel during the cooling off period as specified in sections 10.1-10.3 above.
- Any cancellation under section 10.4, will be effective from the next billing date (provided the cancellation has been provided at least 5 working days prior to the next payment date) ("Cancellation Effective Date").
- We will stop debiting any payments from your account or debit or credit card (as appropriate) and you will not receive any further issues of the Observer from the Cancellation Effective Date. If you pay for your Subscription on a rolling basis (either monthly, quarterly or annually) we will reimburse you without undue delay, for any issues of the Observer not issued to you during the remainder of your current billing period as a result of the cancellation.
- We will use the same payment method that you used to purchase your Subscription for any reimbursements or refunds, unless you tell us otherwise. We will not charge any fee in respect of the reimbursement or refund.
- Any vouchers should not be redeemed after your Subscription has been cancelled or ended. Any vouchers used after this date may still be charged to you.
-
Our right to cancel / suspend Subscriptions
- We may cancel or suspend your Subscription as a result of any breach by you of the Terms, including, if you do not make payment to us even after we have reminded you, or you fail to update us of a change of address and we are unable to deliver to you, or if we are required to do so for a legal or regulatory requirement. Where possible, we will notify you using your contact details provided in advance of any cancellation or suspension.
- We may stop providing any Subscription option at any time. We will provide at least 30 days prior notice of this and refund any sums paid in advance for a Subscription which we will not provide.
Other than as set out above, we do not provide refunds on any Subscriptions unless:
- it is our fault that we have not been able to provide the Subscription, or we are unable to fulfil the Subscription. We will provide a pro-rata refund for the remaining part of your Subscription;
- where you are entitled to a refund under consumer law;
- where you are entitled to a refund as part of a holiday from your Subscription;
- there are exceptional circumstances that we will consider on a case by case basis.
-
Cooling off period
-
Personal information
- We will only use your personal information as set out in our privacy policy observer.co.uk/policy/privacy
-
Our responsibility to you
- We are not responsible for any losses you suffer that are unforeseeable, that are caused by circumstances outside our control or are losses that you could have avoided by taking reasonable action.
- Our responsibility to you for losses suffered in connection with your Subscription will not exceed the total subscription fees paid by you (which in all cases, including rolling Subscriptions, will be a maximum of the preceding 12 months).
- Nothing in these Terms excludes or limits our 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.
- These Terms do not impact any rights you are entitled to under applicable law. For more information on these please see the Citizens Advice website www.citizensadvice.org.uk. If you think there is something wrong with your Subscription, please contact us using the details at Section 16 below.
-
General
- 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 for any failure to fulfil any aspect of your Subscription 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.
- These Terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
-
Changes
- We may update the Subscription or these Terms from time to time to ensure for legal or regulatory obligations/reasons, to make minor technical adjustments and improvements to make sure these Terms are sufficient to operate the Subscription service.
- If we make any significant amendments or changes that could affect the Subscription, we will let you know in advance so that you can decide whether you wish to cancel your Subscription by contacting us using the contact details below, or proceed with your next renewal. The amended Terms will apply to your Subscription from your next renewal date after we notify you of such changes.
- For the avoidance of doubt, changes to a Third Party Service Provider (as set out in Section 1) is not considered a significant change.
-
Corporate Information
- Your Subscription is provided by Tortoise Media Ltd (company number 11100473). Registered address: The Harley Building, 77-79 New Cavendish Street, London, W1W 6XB. VAT number: 285864058
-
Contact Us
- You may refer to the Guardian’s FAQ page at https://theguardian.com/observer-faqs, for answers to commonly asked questions relating to your Subscription.
If you have any questions or wish to make a complaint about your Subscription, you can get in contact via our help desk at Help Centre | The Guardian.