TERMS AND CONDITIONS

 

Please read these terms and conditions before ordering any products from our site

 

Thank you very much for considering downloading one of our Head to Foot audio walks.

This page tells of the terms and conditions under which Head to Foot licences the products on our website www.headtofoot.eu (this site) to you, the user.

Please understand that by ordering any of our products you agree to be bound by these terms and conditions. It is a contract between you, the user and us Head To Foot.

We hope you find these terms and conditions acceptable. If not you will not be able to download any of our products.

 

1. INFORMATION ABOUT US

www.headtofoot.eu is operated and controlled by Head to Foot Limited, a limited company registered in England under company number 6574419 with our registered office as Sycamore House, Endmoor, Cumbria LA80ET.

 

 

2. INFORMATION IN THE PRODUCTS

While all reasonable efforts are taken to ensure that the information is accurate and complete at all times we make no warranties or representations as to the accuracy or completeness of the walk and we are not responsible for any errors or omissions or for the results obtained from the use of such information. The information does not constitute any form of advice or recommendation.

 

3. USE OF PRODUCTS

3.1 In consideration of your payment to us of the relevant fee for the product, we grant you a non-exclusive licence to download one audio tour and one copy of the audio tour for your own back-up purposes. These are strictly for you personal non –commercial use.

 

3.2 You agree for yourself or through any third party not to distribute, sell, lend or commercially exploit all or any part of the product or the website except as permitted by this agreement, disassemble, decompile, adapt, modify or merge all or any part of the product.

 

3.3 Undertaking a Head to Foot audio tour is undertaken at your own risk. In no circumstances will Head to Foot or any of its officers, directors or employees be responsible any direct, indirect or consequential loss or damage incurred by any user of any audio tour. This includes without limitation, loss of income, data losses, accidents while listening to the content, damages to your audio/computer devices or data stored on them arising from downloads or for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. You agree to indemnify from all claims, liability , damages and /or costs (including without limitation legal fees) arising from your use of a head To Foot audio tour or if you do not comply with the terms of this agreement.

 

Head to Foot strongly advises that you, the user takes all necessary precautions whilst undertaking the walk, remaining alert, and vigilant of your surroundings at all times.

 

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Exclusively we own the copyright and all other intellectual property rights in the product and in our site.

 

4.2 These include but are not limited to any adaptation, upgrade or update of an audio tour. 

The name Head To Foot, trademarks, trade names and domain names, rights to goodwill, rights in designs, rights in computer software, database rights, rights in any confidential information, in each case whether registered or unregistered, such rights subsist in any part of the world.

 

4.3 You will not obtain any right, title or interest in these intellectual property rights by purchasing the licence to use the products or by using or exploiting the products on our site.

 

5. DOWNLOADING HEAD TO FOOT AUDIO TOURS

5.1 Once your payment has been processed the audio tour can be downloaded for a period of 24 hours. After this period has elapsed we regret that you will be unable to download the audio tour unless we agree in writing.

 

5.2 We do not warrant that our website or the servers that make it available will be uninterrupted or error free or that you will be able to access your account to download the audio tour at all times.

 

5.3 We shall not be liable for any failure of the audio tour to perform if you do not comply with the minimum technical requirements set out on our website.

 

5.4 If you are unable to download thee audio tour please contact our customer support by e-mail on info@headtofoot.eu. Be sure to identify yourself and provide details of the problem encountered.

 

5.5 Head to Foot will not be liable for any loss or damage caused by distributed denial-of – service attack, viruses or other technologically harmful material that may infect your computer equipment, programs, data, or other proprietary material due to your use of our site or to your downloading of any material posted on it, or any website linked to it.

 

5.6 Head to Foot reserves the right at its sole discretion to refuse to authorize any download; in that event any payment received will be repaid.

 

6. MISUSE OF THE HEAD TO FOOT SITE

6.1 You must not misuse our by site knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any other server, computer or database connected to our site. You must not attack our site via a denial-of – service attack or a distributed denial- of- service attack.

 

6.2 In the event of such a breach, your right to use our site will cease immediately.

 

7. HEAD TO FOOTS LIABILITY

7.1 Head to Foots liability under this agreement shall not exceed the purchase price of the product you purchase.

 

7.2 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that are caused by events outside our reasonable control.

 

7.3 In no circumstances will Head to Foot or any of its officers, investors, directors, or employees, be responsible for any amount or kind of loss or damage that might result to you or a third party including without limitation direct, indirect, or consequential loss or damage incurred by any user in connection with the site or in connection with the use, inability to use, or results in the use of the site and any websites linked to it and any materials posted on it. This includes without limitation, loss of income, data, profits, goodwill, contracts, use of money or loss or damages arising from or connected in any way to business interruption, accidents while listening to the content, damages to your audio/computer devices or data stored on them arising from downloads or due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the site or your downloading of any material from the site or any website linked to the site or for any other loss or damage of any kind, however arising and whether caused by tort(including negligence), breach of contract or otherwise, even if foreseeable.

 

7.4 Where the product contains links or references to other sites and resources provided by third parties, these links or references are provided for your information only. Any dealings you have with such third parties shall be on their terms and conditions (if any). Please do not direct to us any concerns regarding the material provided by them.

 

8. TERMS AND TERMINATION OF LICENCE

8.1 This agreement will continue indefinitely but will cease immediately and automatically if you fail to comply with any of the terms and conditions set out in this agreement. In that case you will have to destroy all material copied or downloaded from our site and confirm to us in writing that you have done so.

 

8.2 If we fail at any time during the term of a contract to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

 

8.3 We may transfer, assign, charge, sub-contract or otherwise dispose of this contract, or any of our rights or obligations arising under it, at any time during the term of the contract.

 

8.4 You may not transfer, assign, charge or otherwise dispose of this contract, or any of your rights or obligations arising under it, without our prior written consent.

 

9. PRICE AND PAYMENTS

Our products are priced in Euros inclusive of all taxes and are subject to variation at any time. We do not provide price protection or refunds in the event of a price drop or promotion.

 

All payments are made by credit or debit card. Your card will only be debited when the audio files are made available to you to download.

 

If the issuer of your card refuses to authorise payment we will not accept your order and will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for your card issuer or bank charging you as a result of our processing of your credit/debit card payment in accordance with your order.

 

All payments made on www.headtofoot.eu are not refundable.

 

10. GENERAL

10.1 Head to Foot may revise these Terms and Conditions at any time without prior notice by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions by which you are bound.

 

10.2 When using our site, you accept that all communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website.

 

10.3 All other questions, comments or enquires should be directed by e-mail to info@headtofoot.eu

 

11. GOVERNING LAW

English law will govern contracts for the purchase and sale of the products through the Head to Foot site. Any dispute arising from, or related to, such contracts shall be subjected to the exclusive jurisdiction of the courts of England and Wales.

   

Last modified December 2008

Head to Foot all rights reserved

Do not duplicate or redistribute in any form