1 GENERAL INFORMATION
This page contains the terms on which we supply content, products or services (each a ‘Product and/or Service’ as appropriate), listed on www.getsomeheadspace.com (‘Website’) to you. Please read these terms and conditions, carefully before ordering any Products or Services from our Website. The term ‘Headspace’ or ‘us’ or ‘we’ refers to the owner of the Website, Headspace Meditation Limited. The term ‘you’ refers to the user or viewer of our Products and Services or viewer of our Website. When you order any Products or Services from our Website, or otherwise use or access our Website, you agree to be bound by these terms and conditions (‘Terms’) and all applicable laws, rules and regulations. You will be asked to click "I accept" at the appropriate place prior to your purchase. If you do not click "I agree", you will not be able to complete your purchase. Products and Services include any Subscriptions or Event Tickets sold from the Website. By using our Website, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using our Website.
Headspace Inc's registered office is, ℅ The Corporation Trust Company, 1209 Orange Street, Wilmington, New Castle County, Delaware, USA, 19801. Headspace Inc's US trading office is Cross Campus, 820 Broadway, Suite #114, Santa Monica, 90401, Los Angeles, CA. Headspace Meditation Limited (UK) company registration number is 07094561. Our VAT number is 984592170. Our UK trading address is Central Working, 6-8 Bonhill Street, London, EC2A 4BX. Our contact email address is email@example.com. Our contact telephone number is 0203 011 1545. All correspondence to Headspace including any queries you may have regarding your use of the Website, your use and/or purchase of Headspace 's Products and Services or these Terms, should be sent to Headspace's trading offices.
1.1 Basis of sale
(a) We consider these Terms and the Order to set out the whole agreement between you and us for the supply of the Products and Services In order to participate in certain Website services or promotions; you may be notified by us that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to such services or promotions in which you choose to participate, those additional terms are hereby incorporated into these Terms.
(b) Please check that the details in these Terms and on the Order are complete and accurate before you click ‘I accept’ and commit yourself to the terms herein. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents.
1.2 Changes to Terms
We have the right to revise and amend these Terms from time to time without notice to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities. You will be subject to the policies and terms in force at the time that you order the Products or Services from us, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case it will apply to orders you have previously placed that we have not yet fulfilled. Your continued access of the Website after such changes are made conclusively demonstrates your acceptance of such changes. If your purchase of the Products or Services is on-going, we will give you prior notice of any changes to these Terms and you can choose to cancel the Order without penalty before the new Terms affect you.
2 MEMBERSHIP OF AND SUBSCRIPTION TO HEADSPACE
2.1 Becoming a Member
You may register as a Headspace registered user of the Website free of charge (a ‘Member’). To become a Member you need to go to the relevant section of this Website, then submit your email address to us, and create a username and password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, mobile telephone, smart phone, tablet, iPad, etc. (‘Device’).
Please note that some restrictions have been placed on the extent to which we accept orders from outside of England and Wales. We will contact you if these restrictions apply to you.
By placing an order through our Website, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old;
(c) all registration information you submit is truthful and accurate;
(d) you will maintain the accuracy of such information; and
(e) your use of the Website does not violate any applicable law or regulation.
2.2 Once a Member
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device and updating your information.
As a Headspace website Member you will receive access to certain sections, features and functions of the Website that are not available to non-members.
By agreeing to become a Member you opt in to receiving occasional special offers from Headspace. You can easily unsubscribe from these emails by un-ticking the email opt-in box on your account page or by unsubscribing using the highlighted link within all emails.
2.4 Memberships are non-transferable
Headspace memberships are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.
2.5 Products and Services
(a) You can become a ‘Subscriber’ by purchasing a ‘Subscription’ to the Website.
(b) Headspace offers four payment plans for subscription: Monthly, Yearly, Two Year and Forever. For the purposes of our monthly subscription, a month constitutes 30 calendar days. For the purposes of our Yearly subscription, a year constitutes 365 calendar days. For the purposes of our Two Year subscription, 2 years constitutes 730 calendar days. For the purposes of our Forever subscription, Forever constitutes 100 years.
(c) Our Monthly subscription is paid in monthly instalments. Our Yearly, Two Year and Forever subscriptions are paid up front in one lump sum.
(d) For each month that your monthly subscription is active, you acknowledge and agree that Headspace is authorised to charge the same payment card for the subscription fee. You agree to promptly notify Headspace of any changes to your payment card while any subscriptions remain outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions made by you. The monthly subscription charge will be continued to be billed to your credit or debit card provided, automatically until cancelled.
2.6 Changing fees and charges
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of Headspace Products and Services. We will notify you by email at least 30 calendar days in advance of any such change. If you do not agree to the change, you may cancel your membership or subscription in your account settings or by emailing firstname.lastname@example.org.
3 CANCELLATIONS OF PRODUCTS OR SERVICES
3.1 Cancellation by you
You may cancel your Membership or Subscription in line with our cancellation policy as outlined in this term 3.1. You can cancel a monthly subscription at any time. Cancellation is effective at the end of the applicable monthly period. Please do so in your Account Settings.
You can cancel our Yearly, Two Year and Forever plans within the 30 day money back guarantee offer, which entitles you to cancel your Subscription and have the full cost refunded to you up to 30 calendar days from your first date of payment. To request a refund, you must email us at email@example.com with the reason why you would like a refund and proof of purchase.
3.2 Right to cancel in certain circumstances (7 day cooling off period)
In accordance with the Distance Selling Regulations, if you are a UK-based, consumer, you may cancel your Subscription at any time within 7 calendar days of placing your Order. If you have placed an Order for a Subscription and have changed your mind, you may in certain circumstances have a legal right to cancel your Subscription before the Service starts, (this is your cooling off period), and receive a full refund of your Subscription fee. Ordinarily you may cancel the Subscription within seven working days of the day after the date on which you subscribe if we have not already commenced providing services to you. However, by subscribing you agree that you will have access to our Content in that seven working day period. This cancellation option is not available to you if you have already viewed the payable content.
If you are eligible to cancel in this manner, you may do so by sending an email to us at firstname.lastname@example.org. In order to arrange a refund of your Subscription fee, you will then also need to contact us to advise us that you have cancelled in accordance with your statutory rights and to request a refund of your Subscription fee. Once you have completed these steps, we will process your refund within 30 calendar days.
3.3 Termination by Us
We may suspend or terminate your use of our Products or Services as a result of fraud or breach of any obligation under these Terms. Such termination or suspension would be immediate and without notice. If we terminate your use of our Products and Services for any other reason or no given reason, then we would give you 30 calendar days’ notice.
3.4 Promotion Codes
Any promotion code or offer provided on the Website or via any Device cannot be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Headspace Products or Services, except where expressly stated, previous users or trialists of Headspace Products or Services do not qualify for an additional special offer.
4 PURCHASE OF PRODUCTS AND SERVICES. HOW THE CONTRACT IS FORMED.
The contract to provide a Product or Service only comes into being when we take receipt of your Order and, and we confirm your purchase to you by email. We shall confirm your Order and assign you with an email to confirm your access to the Subscription or issue you with your Event Ticket. Please quote the order number in all subsequent correspondence with us. All prices in Pound Sterling for Headspace Products and Services include VAT unless otherwise stated. Prices in US Dollars and Euros do not include local taxes
We reserve the right to change the content of our Products and Services at any time and without notice.
You agree not to hold us responsible for banking charges incurred due to payments on your account.
6 PROHIBITED USE OF THE WEBSITE
6.1 You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Website or the Website itself. You agree not to interfere with the servers or networks underlying or connected to this Website or our services or to violate any of the procedures, policies or regulations of networks connected to the Website. You may not access our Website or our Products or Services in an unauthorized manner.
6.2 You agree not to impersonate any other person while using the Website, conduct yourself in an offensive manner while using the Website, or use the Website for any illegal, immoral or harmful purpose.
6.3 By breaching the provisions of this clause 7, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
7 MATERIALS ON THIS WEBSITE
All materials (including software and content whether downloaded or not) contained on the Website or within the Products and Services are owned by Headspace (or our affiliates and/or third party licensors (as applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited licence for use of content that you may purchase from the Website to use such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
You acknowledge and agree that certain content on the Website and in the Products and Services is the property of third party licensors and without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions within these Terms against you.
This Website is not intended for commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials on our Website for commercial purposes without obtaining a written licence to do so from us. Material from this Website may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use this Website and may subject you to legal liability. You agree not to use the Website for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Website. Appropriate legal action will be taken for any illegal or unauthorized use of the Website.
7.2 Trade Marks
Headspace, the Headspace logo and all other Headspace product or service marks are trademarks of Headspace. All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on the Website or any Device are the property of their respective owners. Nothing grants you any licence or right to use, alter or remove or copy such material.
7.3 Availability of Website
(a) Although we aim to offer you the best service possible, we make no promise that our Website services will meet your requirements and we cannot guarantee that the Product and Services will be fault free. If a fault occurs in the Product or Services, please report it to us at email@example.com and we will correct the fault as soon as we reasonably can. If the need arises, we may suspend access to the Website. We will not be liable to you if the Website is unavailable for any period of time.
(b) Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or Product or Services. We will restore the Product or Services as soon as we reasonably can. In the event that our Website is unavailable, our usual order and cancellation deadlines apply; please notify us of changes to your order via our email firstname.lastname@example.org.
8 USER MATERIAL
8.1 The Website or other Headspace Products and Services may let you submit material to us: for example, you can upload a photo to your profile, post subjects and comments in the community and comment on various matters in various parts of the Website. You may be able to upload video, images or sounds. In these Terms, we use the term ‘User Material’ to refer to any material of any kind that you submit to us, including text, files, images, photos, video, sounds and musical or literary works. It does not include the account information you provide when you register as a Member or when you subsequently change that information.
8.2 This clause 9 (User Material) of these Terms sets out the rights and obligations that each of us have in connection with User Material. If you review or submit User Material you are agreeing to do so in accordance with these Terms. If you do not want to review or submit User Material in accordance with these Terms, then you should not do so.
8.3 We do not systematically review User Material submitted by users. We are not responsible for the content of User Material provided by you or any other user. We do not necessarily endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Material, including as to its legality or accuracy. We disclaim all liability in connection with User Material to the extent permitted by law.
8.4 We reserve the right, in our sole discretion, to refuse to post or to remove or edit any of your User Material, or to restrict, suspend, or terminate your access to all or any part of the Website or any of Headspace’s Products and Services, particularly where User Material breaches this clause 9 (User Material) of these Terms and we may do this with or without giving you any prior notice.
8.5 User material is not considered to be confidential. We do not claim any ownership rights in User Material. However, by submitting User Material you hereby grant to Headspace an irrevocable, perpetual, non-exclusive, royalty-free, sub licensable, transferable and worldwide licence to use, distribute, exploit commercially, reproduce, modify, prepare derivative works of, display and perform that User Material in any media. The licence you grant us will terminate when your User Material is removed from our Website. If you want to remove your User Material you can do so in your Account Settings.
8.6 We may link User Material or parts of User Material to other material, including material submitted by other users or created by Headspace and/or other third parties. We may use User Material for our internal business purposes, for example, to examine trends or categories and to use those on the Website or to promote, market or advertise Headspace. We will not sell your User Material to third parties but you acknowledge that we may indirectly commercially benefit from it, for example, by selling third party advertising which appears next to User Material.
8.7 Each time you submit User Material to us, you represent and warrant to us as follows:
• you own your User Material or have the right to submit it, and in submitting it you will not be infringing any rights of any third party, including intellectual property rights (such as copyright or trade mark), privacy or publicity rights, rights of confidentiality or rights under contract;
• your User Material is not illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, and does not give rise to civil liability, violate any law, or is otherwise deemed inappropriate.
• your User Material does not advertise any product or service or solicit any business;
• your User Material does not identify any individual (including by way or name, address or a still picture or video) under the age of 18 and if User Material identifies any individual over the age of 18, you have that person's consent to being identified in exactly that way in your User Material; and in submitting your User Material you are not impersonating any other person;
• you will not collect usernames and/or email addresses of users for the purpose of sending unsolicited email;
• you will not engage in criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets or attempt to impersonate another user or person;
• you will not engage in any automated use of the system, such as using scripts to alter our content.
8.8 We are entitled to identify you to third parties who claim that their rights have been infringed by User Material you have submitted.
9 LINKS TO WEBSITES/SERVICES
9.1 Linking to Other Websites
We may provide links to other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for:
(a) the availability;
(b) the privacy practices;
(c) the content, advertising, products, goods or other materials or resources on or available from; or (d) the use to which others make of;
these websites or services.
We are also not responsible for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.
9.2 Linking to our Website
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.
You must not establish a link from any website that is not owned by you.
Our Website must not be framed on any other website, nor may you create a link to any part of our Website unless you have written permission to do so from Headspace. We reserve the right to withdraw linking permission with written notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy.
If you wish to make any use of material on our Website other than that set out above, please address your request to email@example.com
10 WEBSITE DISCLAIMER
10.1 The information contained in this Website is for general information purposes only. The information is provided by Headspace and while we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, Products, Services, or related graphics contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
11 MEDICAL DISCLAIMER
11.1 Headspace Products or Services and other content available on the Website are not an attempt to practice medicine or provide specific medical advice. Use of this Website does not establish a doctor-patient relationship. Any health information and links on the Website, whether provided by Headspace or by contract from outside providers, is provided simply for your convenience. Additionally, the Website may contain links to external websites. Please consult with your physician.
11.2 Any advice or other materials on the Website (including Products and Services) are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. The advice and other materials are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any actions taken due to you having read or been told about such advice or other materials. In particular, to the fullest extent permitted by law, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published on the Website or any Products and Services.
12 END USER LICENSE AGREEMENT
Subject to the terms of this Licence Agreement (as set out in this clause 12), and our Terms, Headspace grants you a limited, non-exclusive, revocable licence to stream, download and make personal non-commercial use of the Products and Services.
The Products and Services contain and/or embody copyright material, proprietary material and/or other intellectual property of Headspace and/or its licensors. All right, title and ownership in the Products and Services remains with Headspace and/or its licensors, as applicable. The rights to download and use the Products and Services are licensed to you and are not being sold to you, and you have no rights in it other than to use it in accordance with this Licence Agreement and our Terms.
You agree that you will not and you will not assist or permit any third party to:
• copy, store, reproduce, transmit, modify, alter, reverse-engineer, emulate, de-compile, or disassemble the Products and Services in any way, or create derivative works of the Software;
• use the Products and Services or any part of them to create any tool or software product that can be used to create software applications of any nature whatsoever;
• rent, lease, loan, make available to the public, sell or distribute the Products and Services in whole or in part;
• tamper with the Products and Services or circumvent any technology used by Headspace or its Licensors to protect any content accessible through the subscription Service;
• circumvent any territorial restrictions applied to the Products and Services; or
• use the Products and Services in a way that violates this Licence Agreement or the Terms.
You may not make the Products and Services available to the public.
The Products and Services made available (in whole or in part) are owned by Headspace or its licensors and your use of them must be in accordance with these Terms.
In no event shall Headspace its affiliates, directors, employees or licensors be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption or computer failure) arising out of your use of or inability to use the products and services (or any part of them) or any errors, viruses or bugs contained in the products and services, even if you have advised us of the possibility of such loss. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for your registration or subscription.
13 DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE
We are committed to complying with copyright and related laws, and we require all users of the Website to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the United States who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.
If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.
If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our designated agent with the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Website;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our designated agent for notice of claims of copyright infringement can be reached as follows:
By Mail: 1740 Broadway, New York, New York 10019
By E-Mail: firstname.lastname@example.org
Subject line: DMCA
14 GENERAL TERMS AND CONDITIONS
14.2 Assignment by Us
Headspace may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.
14.3 Indemnity by you
You agree to indemnify and hold Headspace, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with any breach by you of these Terms, including clause 9 (User Material) and in particular the warranties and representations in 9.7 and/or clause 13 and/or any violation by you of any applicable laws or the rights of any third party.
14.4 Warranties and Limitations
(a) We warrant to you that any Product or Service purchased from us through our Website will, on delivery, conform in all material respects with its description and be of reasonably satisfactory quality.
(b) We warrant that we will use reasonable skill and care in making the Products and Services available to you during your subscription.
(c) Nothing in this clause 14.4 or 15 or otherwise in these Terms shall exclude or in any way limit Headspace’s liability for: fraud; or death or personal injury caused by its negligence (including negligence as defined in s.1 Unfair Contract Terms Act 1977); or liability to the extent the same may not be excluded or limited as a matter of law.
(d) The Website and its contents are provided ‘as is’ basis and we make no representations or warranties of any kind with respect to it, including as to the accuracy, completeness or currency of the Website or its content. We assume no liability or responsibility for any errors or omissions in the content of the Website, any failures, delays, or interruptions in the provision of the Service. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Website to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Website. We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Website. We make no warranties or representations that your use of content and information posted on this Website will not infringe rights of third parties.
(e) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.
14.5 Applicable Law
The Website and Headspace’s Products and Services are controlled by Headspace. Your use of the Website and/or purchase of Headspace’s Products and Services is governed by these Terms and construed and enforced in accordance with the laws of England. Disputes arising from or in connection with your use of the Website and/or your use and/or purchase of Headspace’s Products and Services we provide are subject to the non-exclusive jurisdiction of the English courts.
We make no representations that the Website is appropriate or available for use outside of England. If you access the Website from any other jurisdiction you do so out of your own volition and you are responsible for compliance with the applicable laws.
14.6 No Waiver
If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
14.7 Force Majeure
We will not be liable to you for any lack of performance, or the unavailability or failure, of the Website, Event, or any of Headspace’s Products and Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
In these Terms, unless the context requires otherwise: i) any phrase introduced by the words "including", "include", "in particular", "for example" or any similar expression shall be construed as illustrative only and shall not be construed as limiting the generality of any preceding words; and ii) references to the singular include the plural and to the masculine include the feminine, and in each case vice versa.
14.9 Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that 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. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Headspace at email@example.com. We may give notice to you at the e-mail address you provide to us when you register, or in any of the ways specified in clause 14.9 above. Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove that such e-mail was sent to the specified e-mail address of the addressee.
If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the provision will, to that extent only, be severed from the remaining provisions, which will continue to be valid to the fullest extent permitted by law.
14.12 Entire agreement
(a) These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter.
(b) We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them.
(c) Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
(d) Nothing in this clause limits or excludes any liability for fraud.
14.13 Third party rights
A person who is not party to these Terms will not, subject to clause 8, have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
15 OUR LIABILITY
15.1 We will use reasonable endeavours to remedy faults in the Products and Services. Subject to clause 14.4(c), if we fail to comply with these Terms, we will be liable to you only for the purchase price of the Product or Service in question.
15.2 Subject to clause 14.4(c), we will not be liable for losses that result from our failure to comply with these Terms that fall into the following categories even if such losses result from our deliberate breach:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits (whether considered to be a direct or indirect loss);
(d) loss of anticipated savings;
(e) loss of data;
(f) waste of management or office time; and/or
(g) indirect or consequential loss or damage.
15.3 In addition, we will not be liable for:
(a) faulty operation of computers during the registration process or during completion of a subscription or during the transmission of any data and/or for incorrect or overly slow transmission of data by the internet provider and/or any damage that occurs due to information submitted by you not being received by us or not being received promptly or not being considered, as a consequence of technical faults with our software or hardware (whether or not they are within or outside of our control);
(b) any loss or damage due to viruses or other malicious software that may infect your Device, computer equipment, software, data or other property caused by you accessing, using or downloading from the Website or any Product or Service, or from transmissions via emails or attachments received from us; and/or
(c) any use of websites linked to the Website but operated by third parties.
These Terms are effective and were last updated on 23rd January 2013.