Terms and Conditions

1.      Introduction

1.1   These terms and conditions shall govern your use of our website.

1.2   By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

2.      Credit

2.1   This document was created using a template from SEQ Legal https://seqlegal.com.

3.      Copyright notice

3.1   Copyright (c) 2018 Break the Habit Press

3.2   Subject to the express provisions of these terms and conditions:

(a)   we own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)   all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4.      Collecting personal information

4.1   We may collect, store and use the following kinds of personal information:

(a)   information about your computer and about your visits to and use of this website (potentially including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths);

(b)   information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (potentially including your name and email address);

(c)   information that you provide to us when using the services on our website, or that is generated in the course of the use of those services (potentially including the timing, frequency and pattern of service use);

(d)   information relating to any purchases you make of our goods or any other transactions that you enter into through our website;

(e)   information contained in or relating to any communication that you send to us or send through our website (including the communication content and metadata associated with the communication); and

 (f)   any other personal information that you choose to send to us.

4.2   Before you disclose to us the personal information of another person, you must obtain that person's consent to both the disclosure and the processing of that personal information in accordance with this policy.

5.      Using personal information

5.1   Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.

5.2   We may use your personal information to:

(a)   send you goods purchased through our website;

(b)   send statements, invoices and payment reminders to you, and collect payments from you;

(c)   send you non-marketing commercial communications;

(d)   send you email notifications that you have specifically requested;

(e)   send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter);

(f)    send you marketing communications relating to our business which we think may be of interest to you, by email or similar technology (you can inform us at any time if you no longer require marketing communications);

(g)   deal with enquiries and complaints made by or about you relating to our website;

(h)   keep our website secure and prevent fraud; and

(i)    verify compliance with the terms and conditions governing the use of our website.

5.3   If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.

5.4   Your privacy settings can be used to limit the publication of your information on our website, and can be adjusted using privacy controls on the website.

5.5   We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party's direct marketing.

5.6   All our website financial transactions are handled through our payment services provider, Paypal. You can review the provider's privacy policy at https://www.paypal.com/ie/webapps/mpp/ua/useragreement-full. We will share information with our payment services provider only to the extent necessary for the purposes of processing payments you make via our website, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

6.      Disclosing personal information

6.1   We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.

6.2   We may disclose your personal information to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes set out in this policy.

6.3   We may disclose your personal information:

(a)   to the extent that we are required to do so by law;

(b)   in connection with any ongoing or prospective legal proceedings;

(c)    in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);

(d)   to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and

(e)   to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

6.4   Except as provided in this policy, we will not provide your personal information to third parties.

7. Retaining personal information

7.1   This Section 7 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.

7.2   Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

7.3   Without prejudice to Section 7.2, we will usually delete personal data falling within the categories set out below at the date/time set out below:

(a)   Data used for the processing of orders will be deleted within 6 months of the completed transaction.

7.4   Notwithstanding the other provisions of this Section 7, we will retain documents (including electronic documents) containing personal data:

(a)   to the extent that we are required to do so by law;

(b)   if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and

(c)    in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

7.5  It is your responsibility to let us know if the personal information that we hold about you needs to be corrected or updated.

8.  Security of personal information

8.1   We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

8.2   We will store all the personal information you provide on our secure (password- and firewall-protected) servers.

8.3   All electronic financial transactions entered into through our website will be protected by encryption technology.

8.4   You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

9.      Licence to use website

9.1   You may:

(a)   view pages from our website in a web browser;

(b)   download pages from our website for caching in a web browser;

(c)    print pages from our website;

(d)   stream audio and video files from our website, subject to the other provisions of these terms and conditions.

9.2   You may use our website for your own personal use and business purposes, and you must not use our website for any other purposes.

9.3   Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

9.4   Unless you own or control the relevant rights in the material, you must not:

(a)   republish material from our website (including republication on another website), without prior permission from the publisher;

(b)   sell, rent or sub-license material from our website;

(c)    exploit material from our website for a commercial purpose; or

(d)   redistribute material from our website, without prior permission from the publisher

9.5   Notwithstanding Section 9.4, you may redistribute our newsletter in print and electronic form to any person.

9.6   We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

10.    Acceptable use

10.1 You must not:

(a)   use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)   use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

10.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

10.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

11.    Limited warranties

11.1 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

12.    Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

(a)   limit or exclude any liability for death or personal injury resulting from negligence;

(b)   limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)   exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a)   are subject to Section 12.1; and

(b)   govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

13.    Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may send you one or more formal warnings

14.    Amendments

14.1 We may revise these terms and conditions from time to time.

14.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

15.    Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16.    Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17.    Your rights

17.1 You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:

(a)   the payment of a fee (currently fixed at GBP 10); and        

(b)   the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).

17.2 We may withhold personal information that you request to the extent permitted by law.

17.3 You may instruct us at any time not to process your personal information for marketing purposes.

17.4 In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

18.    Third party rights

18.1 Our website includes hyperlinks to, and details of, third party websites.

18.2  We have no control over, and are not responsible for, the privacy policies and practices of third parties.

18.3  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

19.    Cookies

19.1 Our website uses cookies.

19.2 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

19.3 Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

19.4 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

19.5 We use both session and persistent cookies on our website.

19.6 The names of the cookies that we use on our website, and the purposes for which they are used, are set out below:

19.7 Most browsers allow you to refuse to accept cookies; for example:

(a)   in Internet Explorer (version 11) you can block cookies using the cookie handling override settings available by clicking "Tools", "Internet Options", "Privacy" and then "Advanced";

(b)   in Firefox (version 47) you can block all cookies by clicking "Tools", "Options", "Privacy", selecting "Use custom settings for history" from the drop-down menu, and unticking "Accept cookies from sites"; and

(c)    in Chrome (version 52), you can block all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Content settings", and then selecting "Block sites from setting any data" under the "Cookies" heading.

19.8 Blocking all cookies will have a negative impact upon the usability of many websites.

19.9 If you block cookies, you may not be able to use all the features on our website.

19.10 You can delete cookies already stored on your computer; for example:

(a)   in Internet Explorer (version 11), you must manually delete cookie files (you can find instructions for doing so at http://windows.microsoft.com/en-gb/internet-explorer/delete-manage-cookies#ie=ie-11);

(b)   in Firefox (version 47), you can delete cookies by clicking "Tools", "Options" and "Privacy", then selecting "Use custom settings for history" from the drop-down menu, clicking "Show Cookies", and then clicking "Remove All Cookies"; and

(c)    in Chrome (version 52), you can delete all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Clear browsing data", and then selecting "Cookies and other site and plug-in data" before clicking "Clear browsing data".

19.11 Deleting cookies will have a negative impact on the usability of many websites

20.    Our details

20.1 This website is owned by Break the Habit Press and operated by Rebecca Souster.

20.2     We are registered in England and Wales under registration number 11174923.

20.3 Our principal place of business can be requested.

20.4 You can contact us:

(a)   using our website contact form;

(b)   by email, using thegirls@breakthehabitpress.com