Terms and conditions

1. Information About Us

1.1 We are Fitzcarraldo Editions Limited (Company No. 08808114, VAT No. 364293287) of A.103 Fuel Tank, 8-12 Creekside, London,  SE8 3DX (‘Fitzcarraldo Editions’, ‘we’, ‘us’, ‘our’).

1.2 This website (‘our site’) is owned and operated by us. If you have any questions about our site, please contact us.

2. Information About These Terms

2.1 This page tells you information about us and the legal terms and conditions (‘Terms‘) for using our site.

2.2 These Terms and our Privacy Policy govern our relationship with you (we will refer to you in these Terms as ‘you’, ‘your’ or ‘User’) and apply to your use of our site.

2.3 Please read these Terms carefully before using our site. By using our site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with or accept any of these Terms, you should cease using our site immediately.

2.4 Every time you use our site, please check these Terms as we may have made changes to them since you last used our site and the Terms in force each time you use our site will apply. These Terms were last updated on 19 June 2024.

3. Accessing Our Site

3.1 We’ll always do our best to make sure that our site is uninterrupted and error free, although we cannot guarantee this. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend our site without notice. If we need to suspend or restrict access to our site or particular content, we will do our best to minimise any disruption to you and our site. We will not be liable if for any reason our site is unavailable at any time or for any period.

3.2 Please be aware that you are responsible for making all arrangements necessary for you to have access to our site. When accessing our site over your mobile network, you will be using your data allowance. We are not responsible for any charges you may incur in using our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms, and that they comply with them.

3.3 Neither we nor our affiliates make any representation that materials on this website are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.

4. Using Our Site

4.1 You are welcome to use our site for your own personal use but such use must be in accordance with these Terms and for lawful purposes.

4.2 You may not use our site for any illegal purpose or in any way that:-

4.2.1 causes damage or harm to us, our site, or any other User; or

4.2.2 breaches any applicable local, national or international law or regulation;

4.2.3 is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

4.2.4 transmits, or procures the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or

4.2.5 knowingly transmits any data, sends or uploads any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

4.3 You must not access without authority, modify, interfere, damage or disrupt:-

4.3.1 our site; or

4.3.2 any equipment or network used in the provision of our site;

4.3.3 any software used in the provision of the site; or

4.3.4 any equipment or network or software owned or used by a third party. You are responsible for compliance with local law and regulation when accessing our site.

4.4 If we think that you are not using our site in an acceptable way, we will take any action we think is necessary to protect our site and our Users. This may include us suspending, restricting or terminating your account and access to the site. You understand that if you breach these Terms, then we may decide to remove your access to our site.

5. Accuracy of Information

5.1 Content and information on our site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

5.2 You may be asked to provide information about yourself such as your name, address and email address. Please could you make sure this information is complete and accurate. We will use this information in accordance with our Privacy Policy.

6. Hyperlinks and Third-Party Sites

Our site may contain hyperlinks or references to third party websites other than our site. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party’s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.

7. Intellectual Property Rights

7.1 Our site and all intellectual property rights in it (including, but not limited, to any material, content and other information) are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).

7.2 We and our licensors reserve all of our and their rights in any intellectual property rights in connection with our site. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.

7.3 All brand names, product names and titles used on our site are trade names, and in some instances trade marks, of their respective holders. No permission is given in respect of use of any of the above, and such use may constitute an infringement of the holders’ rights. You may not copy, reproduce, upload, post, distribute, republish, retransmit, or modify in any way any of the material, content and other information on our site (including computer code and software).

7.4 Nothing in these Terms grants you any legal rights in our site other than as necessary to enable you to access our site. You agree not to adjust to try to circumvent or delete any notices contained on our site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within our site.

7.5 You may not use our trade marks, logos or other intellectual property rights without our express prior written permission.

7.6 By posting messages, sending emails, inputting data, answering questions, uploading data or files or otherwise communicating with us through this website (a ‘Communication‘), you are granting us a perpetual, non-exclusive, royalty free, unrestricted worldwide license to use, display, sublicense, adapt, create derivative works from, transmit and copy such Communication and you waive your right to be identified as the author of such content and your right to object to derogatory treatment of it. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under trademark, copyright, service mark or patent laws in any relevant jurisdiction in any media.

8. Our Liability

8.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that we could have foreseen because:

8.1.1 the loss or damage was an obvious consequence of our failure to comply with these Terms or our negligence; or

8.1.2 they were contemplated by you and us at the time these Terms were formed.

We are not responsible for any loss or damage that we could not have foreseen.

8.2 We are not liable for business loss. We shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We also expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these Terms.

8.3 All of your statutory rights are unaffected. We do not in any way exclude or limit our liability for death or personal injury caused by our negligence; or fraud or fraudulent misrepresentation; or any other liability which may not be limited or excluded under applicable law.

9. Events Outside Our Control

We shall have no liability to you for any breach of these Terms caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action, civil commotion, riot, terrorist attack (or threat), war (or threat) or fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

10. Other Important Terms

10.1 ‘Writing’ includes emails. When we use the words ‘writing’ or ‘written’ in these Terms, this includes emails.

10.2 Nobody else has any rights under these Terms. These Terms are between you and us. No other person shall have any rights to enforce any of the Terms.

10.3 If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

10.4 Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of you breaching these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

10.5 Which laws apply to these Terms and where you may bring legal proceedings. These Terms are governed by English law. This means your use of our site and any dispute or claim arising out of or in connection with your use of our site will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction over such disputes and claims. However, as a consumer, you have the right to start legal proceedings in the country you are resident in if you wish.