Terms & Conditions

Website Use

This website is owned and operated by Headstock Books.  Our main trading address is Unit 4, Woodbury Business Park, Exeter EX5 1AY , United Kingdom. We can also be contacted by email at info@headstockbooks.com

By accessing or using this site, you agree to the terms set out in this Terms of Use agreement (Terms) and any other documents referred to in it. These terms may be changed at any time by us. If we make any changes to these we will include a notice on the Home Page and you should then check the changes. You accept that you will have no claim for breach of contract or otherwise in respect of any such alteration. Your continued access to and use of this website will mean that you agree to be bound by the most current version of the Terms. These Terms apply to all contracts between you and us. You agree that you have read and understood these Terms.  

Interpretation

"We", "us", "our", means Headstock Books. "You", "your" means the person using the Website under these Terms.

1. Changes to the website
You acknowledge and accept that we may from time to time alter any aspect of this website, or any of the services or products provided through the website, as we think fit and without notice to you. We do not guarantee the availability of the website at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

2. Linking to our site
2.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
2.2 You must not establish a link from any website that is not owned by you.
2.3 Our site must not be framed on any other site. We reserve the right to withdraw linking permission without notice.

3. Links from our site
3.1 The website may incorporate links to other websites of third parties. Such links are provided for your convenience only, and their provision does not constitute an authorisation by us to you to access such third party websites, nor an endorsement of the content of such third party sites by us.
3.2 You acknowledge and accept that we are not, and will not be held responsible for any damages, loss, costs or expenses arising from the use of such third party websites or products or services available through such third party websites.

4. Security
4.1 We take your online privacy seriously. However, although we use appropriate encrypted security software on our website, the security of information transmitted via the Internet cannot be guaranteed. Any losses incurred or sustained by you as a result of transmitting information by means of email or other internet link will be borne solely and exclusively by you.
4.4 Unless a member of our staff has been fraudulent or negligent, we will not be liable to you for any losses you may suffer as a result of unauthorised access by a third party to the information (including in particular credit/debit card details) you transmit when you place an order. It is your responsibility to ensure the security of your own credit/debit card details to avoid unauthorised use.

5. Your conduct
5.1 You must use the website for lawful purposes only and in accordance with the Prohibited Content Policy (clause 9).
5.2 You must not send for display on the website any material that is unlawful including but not limited to material which is defamatory, obscene, inflammatory, indecent, menacing, in breach of privacy or confidence, infringes copyright or trademark rights.
5.3 You must not send material containing software viruses or otherwise use the website in any way that interrupts access to it.
5.4 You agree not to delete, modify or alter any material posted by any other users or entity not related to them.
5.5 In respect to the security of the Site, you are prohibited from violating or attempting to violate the security of the Site, including without limitation:
5.5.1 Accessing or attempting to access data not intended for your use or logging or attempting to log on to a server or another User's account (which the Users are not authorised to access);
5.5.2 Attempting to probe, scan or test the vulnerability of a system or network or to breach the security or authentication measures of the Site without authorisation;
5.5.3 Attempting to interfere with the service of any other Users, hosts or networks, including without limitation, submitting a virus to the Site, overloading, flooding, spamming, mail bombing or crashing or such other acts, which are intended to disrupt the functionality of the Site. 

6. Privacy
We will use the details supplied by you only in accordance with our Privacy Policy. 

7. Intellectual property rights
7.1 This site contains material that is owned or licensed by Headstock Books. Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.  You may not copy, reproduce, upload, post, distribute, republish, retransmit, or modify in any way any of the material on this site, including computer code and software.
7.2 All brand names, product names and titles used in this website are trade names and in some instances trademarks of their respective owners. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the owners' rights. 
7.3 By posting messages, sending emails, inputting data answering questions uploading data or files or otherwise communicating with us through this website (a “Communication”), you are granting us a perpetual, non-exclusive, royalty free, unrestricted worldwide licence to use, display, sublicense, adapt, create derivative works from, transmit and copy such Communication and you waive your right to be identified as the author of such content and your right to object to derogatory treatment of it. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under trademark, copyright, service mark or patent laws in any relevant jurisdiction in any media.

8. Limitations of liability
8.1 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence or any other liability which cannot be excluded on a point of law.
8.2 Further to clause 2, we are providing this website on an “AS IS, AS AVAILABLE” basis to users. You use this website at your own risk.
8.3 Subject to 10.1 above, we will not be liable to you for any loss or damage in circumstances where or to the extent that: 
8.3.1 neither we nor our employees or agents are in breach of a legal duty owed to you; 
8.3.2 such loss or damage is not a reasonably foreseeable result of any such breach; or
8.3.3 any increase in loss or damage results from a breach by you of any term of this contract. 
8.4 Except as expressly provided in these Terms and save for fraudulent misrepresentation, all conditions, representations and warranties (express or implied, statutory or otherwise) are excluded to the extent permitted by law including without limitation any implied warranties or conditions as to quality, fitness for purpose and reasonable skill and care.
8.5 Under no circumstances, including negligence, shall we or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damage (including, without limitation whether for loss of profit, loss of business, lost data, viruses that may infect your computer, depletion of goodwill or otherwise), costs, expenses or other claims for economic loss (howsoever caused) which arise out of or in connection with the Contract or your use of this website generally.
8.6 We further do not warrant that the website or the products and materials contained on such site are error free, or that errors will be corrected, or that this site or the server from which it is run is free of viruses or other potentially harmful codes.
8.7 Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

9. Indemnity
You agree to defend, indemnify and hold us and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any violation of these Terms by you or your authorised users, or in connection with the use of the website or the Internet or the placement or transmission of any message or information on this website by you or your authorised users.

10. Termination
This agreement may be terminated by us at any time without notice. In this event of termination, you are no longer authorised to have access to the site. All limitations on our liability and on your use of our material shall survive.

11. General
11.1 Our failure to insist upon the strict performance of any of your obligations under the Terms will not be construed as a waiver and will not affect our rights to require strict performance of such obligations.
11.2 If any provision of the Terms or part thereof is found to be invalid or unenforceable, the invalidity or unenforceability of such provision or part will not affect any other provision or the remainder of the provision in which such invalid or unenforceable part is contained, which will remain in full force and effect.
11.3 All notices will be in writing and may be served by either party on the other by hand, by email or by first class pre-paid post. The address for service, in the case of a notice from you to us, is specified at the top of this contract and, in the case of a notice from us to you, will be the address stated on your order or any other such address that is made available to us, whether a physical or email address.
11.4 Nothing in these Terms which form the agreement between you and us will give nor is intended to give rights to any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11.5 These terms and conditions will be governed by and construed in accordance with English law and the parties will submit to exclusive jurisdiction of the English courts although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
11.6 Neither we nor our affiliates make any representation that materials on this website are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.
11.7 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce or rely upon any provision of them. 
11.8 These Terms, along with any additional rules or conditions referred to herein and the Privacy Policy constitute the entire agreements and understanding between you and us as to your use of this website superseding all prior or contemporaneous communications and/or proposals.