Terms of Service
Please review carefully these Terms and Conditions of Use (“Terms”) before using the services or buying the products offered by Jurefit Limited (reg. No. ΗΕ 417979) with registered office at 24 Peiraios Street, 1st floor, Strovolos, Nicosia 2023, Cyprus (also “Headway”, “we”, “us”). These Terms constitute a legally binding agreement between Headway and you, which regulates your use of the website located at http://shop.makeheadway.com/ (the “Website”), services accessible via the Headway: Fun & Easy Growth mobile application (the “App”), related services, including all information, text, graphics, software, and our emails (the “Content”) as well as any of your purchase (including products and subscription services) from us through the Website (the “Purchase”). To make these Terms easier to read, the Website, the App, the Content and our services are collectively called the “Services”.
Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and Services to you.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND HEADWAY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 14 “MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER” BELOW FOR DETAILS REGARDING ARBITRATION.
FURTHERMORE, THESE TERMS CONTAIN IMPORTANT DISCLAIMERS (SECTION 2), DISCLAIMERS OF WARRANTIES (SECTION 11), LIMITATION OF LIABILITY (SECTION 12) AND CLASS ACTION WAIVER (SECTION 14).
1. General Terms
1.1 These Terms establish a legally binding contractual relationship between you and Headway. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICES OR MAKING THE PURCHASE.
1.2 Please review also our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, policies or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference.
1.3 We may change these Terms on this page of the Website. We may provide you with notice about some critical changes, for example by email or by posting notifications on the Services, but are not obliged to do so in every case. Any other changes will be notified to you only by updating the "Last updated" date of these Terms and you waive any right to receive specific notice of each such change. If you don’t agree to the changes, you should stop using the Services. Use of the Services after any changes to these Terms are made means that you accept such changes.
1.4 IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT ACCESS OR USE THE SERVICES.
1.5 We reserve the right to refuse service to anyone for any reason at any time.
1.6 You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
1.7 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services or products, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without express written permission by us.
1.8 The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
1.9 By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Website.
1.9 You may not use our Services or products for any illegal or unauthorised purpose nor may you, in their use, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.10 You must not transmit any worms or viruses or any code of a destructive nature.
1.11 A breach or violation of any of the Terms will result in an immediate termination of your Services.
2. IMPORTANT DISCLAIMERS
The purchased subscription service to the App automatically renews. We also aim to provide information about our Subscription Policy at or near the point of its purchase. Please read these Terms (in particular, Section 6 “Payments and Refunds”) and Subscription Policy carefully before completing a purchase for the App auto-renewing subscription services. To avoid being charged you must affirmatively cancel your subscription or a trial at least 24 hours before the end of the free trial or the current subscription period. If you are unsure how to cancel a subscription or a free trial, please visit our Website where you have purchased your subscription. Deleting the App does not cancel your subscriptions or free trials. You may wish to make a printscreen of this information for your reference.
THE APP CONTAINS SUMMARIES BASED ON KEY INSIGHTS FROM NON-FICTION BOOKS. THE INFORMATION PROVIDED WITHIN SUMMARIES IS FOR EDUCATIONAL PURPOSES ONLY.
WE DO NOT OFFER OR PROVIDE ANY KIND OF MEDICAL ADVICE OR OTHER HEALTHCARE SERVICE, INCLUDING WITHOUT LIMITATION, ANY TESTING, DIAGNOSIS OR EVALUATION RELATED TO MENTAL HEALTH. IF YOU HAVE ANY PROBLEM WITH YOUR HEALTH, YOU SHALL VISIT, CALL OR CONSULT WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROFESSIONALS.
ANY IDEAS DESCRIBED WITHIN THE PARTICULAR SUMMARY ARE THE RESPECTIVE AUTHOR’S PERSONAL THOUGHTS AND NOT OURS. WE MAKE NO GUARANTEES CONCERNING THE LEVEL OF SUCCESS YOU MAY EXPERIENCE BY FOLLOWING THE ADVICE AND STRATEGIES CONTAINED IN PARTICULAR BOOK SUMMARY, AND YOU ACCEPT THE RISK THAT RESULTS WILL DIFFER FOR EACH INDIVIDUAL.
NONE OF THE MENTIONED IN THE APP AUTHORS ENDORSES OR SPONSORS THE APP OR ANY OF OUR COMMERCIAL PRODUCTS, SERVICE, OR ACTIVITY. BOOK SUMMARY DOES NOT CONSTITUTE AN ENDORSEMENT BY US ANY OF THE MENTIONED IN THE APP AUTHORS. NOTHING IN THE APP SHALL BE CONSIDERED THAT ANY OF THE MENTIONED AUTHORS AUTHORIZES, SUPPORTS, ENDORSES, OR SPONSORS ANY PRODUCT OR SERVICE OF US RESULTING FROM MENTIONING THEM IN THE APP.
We are not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Website is at your own risk.
The Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
3. Profile Registration
3.1 In order to use the Services, it might be required to register your profile on the Website and/or in the App ("Profile") and provide certain information about yourself as prompted by the registration form.
3.2 If you register Profile, you represent and warrant to Headway that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Services does not violate any applicable law or regulation or these Terms. Otherwise, the Services may not operate correctly, and we may not be able to contact you with important notices.
3.3 The Services is not intended to be used by individuals under age of 16. You hereby represent and warrant to Headway that you meet the foregoing qualification. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Services.
3.4 We reserve the right to suspend or terminate your Profile, or your access to the Services, with or without notice to you, in the event that you breach these Terms.
3.5 You are responsible for maintaining the confidentiality of your Profile login information and are fully responsible for all activities that occur under your Profile. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Profile or any other breach of security. Headway cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3.6 By using the Services, you agree to receive from Headway certain communications, such as updates on the Services, a periodic e-mail newsletter, or a push notification. You can opt-out of non-essential communications by unsubscribing from the email letter or by adjusting your device push preferences.
4. Services
4.1 You agree, represent and warrant that your use of the Services, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Services or your use of it, and you will be solely responsible for your own individual violations of any such laws.
4.2 You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Services, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
4.3 We retain the right to implement any changes to the Services (whether to free or paid features) at any time, without notice to you or our liability. You acknowledge that a variety of our actions may impair or prevent you from accessing the Services at certain times and/or in the same way, for limited periods or permanently, and agree that Headway has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.
4.4 From time to time, and at our sole discretion, we may offer additional features of the Services, whether one-time, recurring, time-limited, or permanent (“Additional Features”). You acknowledge and agree that these Additional Features may not be included in your chosen subscription plan (if any). Access to certain Additional Features may require separate payment or adherence to specific terms and conditions not covered by your primary subscription. If you choose to enroll in and use such Additional Features, you understand, acknowledge, and agree that, besides the representations and warranties disclaimers outlined in Section 11 of these Terms, we also make no guarantees regarding their availability in your location, their expected duration, or their timeliness. If any Additional Features are described as “permanent,” “lifetime,” “one-time” (in the case of availability for an indefinite time after purchase) or using similar terms, this means they will remain available until Headway ceases to commercially offer them. You acknowledge and agree that such “permanent,” “lifetime,” “one-time” (in the case of availability for an indefinite time after purchase) or similarly described Additional Features may be modified or discontinued in the future. In the event of such modification or discontinuation, we are not obligated to offer any compensation or alternative services.
4.5 Your access to and use of the Services is at your own risk. We will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, that results from your access to or use of the Services, or reliance on any information or advice.
4.6 We have no obligation to provide you with customer support of any kind. However, Headway may provide you with customer support from time to time, at its sole discretion.
5. Products
5.1 Products are available for purchase exclusively online through the Website.
5.2 We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
5.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
5.4 We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6. Payments and Refunds
6.1 The price charged for a product and/or Service, will be the price in effect at the time the order is placed.
6.2 To the maximum extent permitted by applicable laws, we may change Purchase fees at any time. Regarding subscription services, we will give you reasonable notice of any such pricing changes by posting the new prices on or through the App and/or by sending you an e-mail notification, or in other prominent way. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect or/and abstain from pre-paying for access to the Services. Prices for our products are subject to change without notice.
6.3 You authorize us to charge the applicable fees to the payment card that you submit.
6.4 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
6.5 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
6.6 By making the Purchase directly through the Website, you acknowledge that:
1. your transaction will be processed by a third-party payment provider;
2. Headway’s Subscription Policy, Shipping Policy will apply to your purchase;
3. all subscription-related inquiries will be handled directly by us;
4. you may not be able to manage your subscription through your Apple App Store account; and
5. to avoid being charged for the next subscription period, you must cancel your subscription in advance through your Headway account.
We reserve the right to modify or discontinue payment options at any time and without prior notice.
6.7 By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription, you authorize us to charge you for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you on the Services. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular subscription. We will not refund fees that may have accrued to your account and will not prorate fees for a cancelled subscription.
6.8 We may offer a trial subscription for the Services. Trial provides you access to the Services or a part of the Services for a period of time, with details specified when you sign up for the offer. Unless you cancel before the end of the free trial, or unless otherwise stated, your access to the Services will automatically continue and you will be billed the applicable fees for the Services. It is ultimately your responsibility to know when the free trial will end. We reserve the right, in our absolute discretion, to modify or terminate any free trial offer, your access to the Services during the free trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple free trials.
6.9 The Services and your rights to use it expire at the end of the paid period of your subscription. If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Services (and may do so without notice).
6.10 You agree that the Purchase of the subscription service is final, that Headway will not refund any transaction once it has been made and that such Purchase cannot be canceled. When you make the Purchase of the subscription service, you acknowledge and agree that the Purchases are non-refundable or exchangeable. Notwithstanding anything to the contrary in the foregoing, Headway will provide refunds and/or Purchase cancellations in cases and to the extent required by mandatory provisions of the applicable law. Headway may also provide refunds at its own discretion and subject to our policies that may be published from time to time.
Note for the EU residents: If you are an EU user, you have the right to withdraw from the agreement for the purchase of digital content without charge and without giving any reason within fourteen (14) days from the date of such agreement conclusion. The withdrawal right does not apply if the performance of the agreement has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal. YOU HEREBY EXPRESSLY CONSENT TO THE IMMEDIATE PERFORMANCE OF THE AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THE AGREEMENT ONCE OUR SERVERS VALIDATE YOUR PURCHASE AND THE APPLICABLE PURCHASE IS SUCCESSFULLY DELIVERED TO YOU. Therefore, you will not be eligible for a refund, unless the digital content is defective.
6.11. Depending on the payment method selected at checkout, additional taxes or fees may apply. Any such amounts are charged directly to the user by the payment processor and are not collected or retained by Headway.
6.12 All products are subject to return only according to our Delivery & Refund Policy. To view our Delivery & Refund Policy, please visit the links provided. Purchases of digital subscriptions are final and non-refundable, and we will not refund any transaction once it has been made.
7. Intellectual Property, User Content
7.1. You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software and materials displayed on the Services or used by Headway, excluding any User Content (as defined below), is proprietary to Headway or to third parties.
7.2 Headway expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.
7.3 The information you submit to us as part of your registration, and any data, text and other material that you may submit or post to us ("User Content") remain your intellectual property, and we do not claim any ownership of the copyright or other proprietary rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that Headway may retain copies of all registration information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the Services and as described in these Terms and the Privacy Policy.
7.4 You grant Headway the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the User Content in connection with the Services.
7.5 Subject to these Terms, Headway grants you a non-transferable, non-exclusive license (without the right to sublicense) to (i) use the Services solely for your personal, non-commercial purposes; (ii) install and use the App solely on your own handheld mobile device and solely for your personal, non-commercial purposes.
7.6 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
7.7 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
7.8 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
8. App Stores, Third Party Ads, Other Users
8.1 You acknowledge and agree that the availability of the App is dependent on the third party from which you received App, e.g., the Apple App Store, Google Play Market, and/or other app stores (collectively, "App Stores" and each, an "App Store").
8.2 You agree to pay all fees charged by the App Stores in connection with App. You agree to comply with, and your license to use App is conditioned upon your compliance with, all applicable agreements, terms of use, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are a third-party beneficiary of these Terms and will have the right to enforce these Terms.
8.3 The Services may contain links to third party websites or resources and advertisements for third parties (collectively, "Third-Party Ads"). Such Third-Party Ads are not under the control of Headway and we are not responsible for any Third-Party Ads. Headway provides these Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads. Advertisements and other information provided by Third-Party Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you link to a third-party website, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third-Party Ads, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
8.4 Each user of the Services is solely responsible for any and all his or her User Content. Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Services users are solely between you and such user. You agree that Headway will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Services user, we are under no obligation to become involved.
8.5 You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any App Store, any other Services users, or any Third-Party Ads.
9. User Representations and Restrictions
9.1. By using the Services, you represent and warrant that:
a. you have the legal capacity and you agree to comply with these Terms;
b. you are not under the age of 16;
c. you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
d. you will not use the Services for any illegal or unauthorized purpose;
e. you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country;
f. you are not listed on any U.S. government list of prohibited or restricted parties; and
g. your use of the Services will not violate any applicable law or regulation.
9.2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Services (or any portion thereof).
9.3. You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically authorized or approved by us.
9.4 As a user of the Services, you agree not to:
a. systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
b. make any unauthorized use of the Services;
c. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Services;
d. use the Services for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
e. make the Services available over a network or other environment permitting access or use by multiple devices or users at the same time;
f. use the Services for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Services;
g. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Services;
h. circumvent, disable, or otherwise interfere with security-related features of the Services;
i. engage in unauthorized framing of or linking to the Services;
j. interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
k. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services;
l. attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services;
m. upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
n. use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software;
o. use the Services to send automated queries to any website or to send any unsolicited commercial e-mail;
p. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;
q. use the Services in a manner inconsistent with any applicable laws or regulations; or
r. otherwise infringe these Terms.
10. Indemnification
You hereby agree to indemnify, defend and hold Headway and our parent, subsidiaries, affiliates, partners, any of its officers, directors, employees, contractors and agents, licensors, service providers, subcontractors, suppliers, interns and its affiliated and related entities, harmless from and against any claims or demands, disputes, costs, losses, liabilities, damages, expenses and judgments of any and every kind, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms, or (d) your violation of any law or the rights of a third-party.
11. Disclaimer of Warranties
BY PLACING AN ORDER WITH US, YOU ACKNOWLEDGE AND AGREE THAT ONCE YOUR ORDER LEAVES OUR FACILITIES AND IS HANDED OVER TO THE SHIPPING CARRIER, THEY ASSUME FULL RESPONSIBILITY FOR ITS TRANSIT AND DELIVERY. WHILE WE STRIVE TO ENSURE THAT YOUR ORDER REACHES YOU SAFELY AND TIMELY, WE HAVE NO CONTROL OVER THE SHIPPING AND DELIVERY PROCESS AND DISCLAIM ANY RESPONSIBILITY FOR ANY DELIVERY-RELATED ISSUES, INCLUDING DELAYED, LOST, OR DAMAGED PARCELS. ANY CLAIMS RELATED TO DELIVERY MUST BE ADDRESSED DIRECTLY WITH THE CARRIER IN ACCORDANCE WITH THEIR POLICIES.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT., AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HEADWAY NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICES INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, AND WHETHER OR NOT HEADWAY OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL HEADWAY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO HEADWAY FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO HEADWAY AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HEADWAY AND YOU.
13. International Use
Headway makes no representation that the Services and/or the products are accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Services is prohibited from territories where doing so would be illegal. You access the Services at your own initiative and are responsible for compliance with local laws.
14. Mandatory Binding Arbitration and Class Action Waiver
14.1 Mandatory Arbitration of Disputes. You and Headway agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Headway agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Headway are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
14.2 Exceptions. As limited exceptions to Section 15: (i) we both may seek to resolve a Dispute in local court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
14.3 Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778- 7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
14.4 Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
14.5 Injunctive and Declaratory Relief. Except as provided in Section 14.1 above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
14.6 Class Action Waiver. YOU AND HEADWAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then entire Section 14 shall be null and void.
15. Governing Law and Venue
15.1 These Terms shall be governed in accordance with the laws of the Republic of Cyprus (excluding its body of law governing conflicts of law).
15.2 To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction to the courts of the Republic of Cyprus to settle any disputes which may arise out of or in connection with this Terms and that accordingly proceedings must be brought in such courts. The parties irrevocably waive any defenses of improper venue or forum non convenience.
15.3 If you are a resident of the EU: Nothing in these Terms shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.
If you have a complaint, please contact us at support@get-headway.com. If you feel your complaint is not adequately addressed you may – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr. Other than as set out in the Terms, Headway does not participate in any alternative dispute resolution scheme.
You may bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any of such a dispute. Headway shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence. You agree that the Services, Terms, and any dispute between you and Headway shall be governed in all respects by laws of the republic of Cyprus, without regard to choice of law provisions.
16. Miscellaneous
16.1 No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by Headway of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained.
16.2 Subject to Section 14, if any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
16.3 Except as otherwise expressly provided herein, these Terms set forth the entire agreement between you and Headway regarding its subject matter, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
16.4 We may transfer or assign any and all of our rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give us consent to any such assignment and transfer. You confirm that placing on the Services of a version of these Terms indicating another person as a party to these Terms shall constitute valid notice to you of the transfer of Headway's rights and obligations under these Terms (unless otherwise is expressly indicated).
16.5 All information communicated on the Services is considered an electronic communication. When you communicate with us through or on the Services or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled "SUBMIT", "CONTINUE", "REGISTER", "I AGREE" or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICES.
16.6 In no event shall Headway be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside Headway's reasonable control.
16.7 These Terms are effective unless and until terminated by either you or us. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
16.8 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
17. Contact
If you want to send any notice under these Terms or have any questions regarding the Services, you may contact us at: support@get-headway.com or info@shop.makeheadway.com.
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Last Updated: September 2, 2025