Turn Another Page User Terms and Conditions

TURN ANOTHER PAGE – USER TERMS

This page contains terms relating to use of the Turn Another Page Platform (the Platform). It describes legal rights and responsibilities for both Turn Another Page Limited and you, the user. Where you buy a book over the Platform, the terms should be read together with the order for that book (Order).

These terms may be updated from time to time. They were last updated on 1st May 2024. They also refer to our Service Description and related policies and procedures, which may be updated from time to time.

THE QUICK READ – SUMMARY OF TERMS

Clause 1: Who we are. Turn Another Page Limited is a UK company, with company number 15796535. See our contact details. We provide the Platform for users to buy and sell digital or physical books.

Clause 2: Your Account. You may view some content without an account, but need a reader Account (for UK consumers over 18 within the UK or other regions in our Service Description) to view full information about books and to buy books. You need a publisher account to publish and sell books, and additional Publisher Terms apply. We may terminate your Account if you do not comply with these terms or do not respond to our contact requests for long enough.

Clause 3: Provision of the Platform. We will provide the Platform as set out in our Service Description, and with reasonable care and skill, and use reasonable endeavours to moderate content in accordance with our Moderation Policy. We may change the Platform at any time and you should not rely on the availability of books, the Platform or your Account. Please notify us if you have concerns about any content or the actions of other users.

Clause 4: Acceptable use of the Platform. You must respect other users of the Platform and their rights. You must not make unlawful or unauthorised use of the Platform, including misusing content, software or technology, or providing inaccurate, unlawful or harmful information or content.

Clause 5: Buying digital books. You may buy and download digital books over the Platform, and the contract for supply of these books is between you and Turn Another Page.

Clause 6: Buying physical books. You may buy physical books over the platform, and the contract for sale of these books is between you and the publisher. We are not responsible to you for contract breaches by publishers.

Clause 7: Payment for books. Book prices are stated in the Order, and payments are facilitated by our third party payment provider (currently PayPal).

Clause 8: Intellectual property. You grant us a licence to use and publish content provided by you. When you purchase a digital book, we and the relevant publisher grant you a non-exclusive, non-transferable, personal licence to access and download the book, and to create and store copies on your personal devices. You may not: disable any security measures; transfer, sub-license or re-sell the book; make other copies or adaptations; issue or communicate copies to the public; nor use the book for commercial purposes (and your licence may be terminated if you do any of these).

Clause 9: Data protection. Our purposes for using your personal data include to manage the Platform and your Account, and to review and enforce your compliance with these terms.

We may share relevant information with publishers and our payment provider. We may also look at how users interact with the Platform and books, but do not seek to identify you from this data. More information about our use of your data is provided in our Privacy Notice.

Clause 10: Disputes. We seek to resolve complaints using our Complaints Procedure. These terms are governed by the laws of England and Wales.

Clause 11: Limitations of liability. We limit our liability to you for certain matters, including business losses (as a reader or visitor) and matters beyond our reasonable control. Other than liability which we cannot limit, oOur and each publisher's total liability to you in a year shall not exceed the payments for books you have made to us and the publisher in that year, or £500, whichever is higher.

Clause 12: Enforcement by the publisher. Publishers may enforce some of these terms against you (including relevant payment and intellectual property terms).

Clause 13: General. General provisions, including that you may not assign or sub-license your rights or obligations under these terms.

FULL TERMS

WHO WE ARE
1. Turn Another Page Limited is a company registered in England and Wales, with company number 15796535, and registered office at Mansant Fach, Heol Mansant, Pontyates, Carmarthenshire. See our contact details page. The company is also referred to in these terms as Turn Another Page or we/us.
2. We provide the Platform for users to buy and sell books in digital format (for download) or in tangible format (for delivery to you).
YOUR ACCOUNT
1. You may view some content without setting up an account, but will need a reader account (Account) in order to view full information about books, to buy books and to use other features (such as leave book lists and reviews).
2. You may set up an Account and buy books only as a UK consumer for non-business reasons, and only if you are over 18 years old, and reside in the UK or other regions set out our Service Description. There may be restrictions on what books you can buy in certain regions.
3. You will need a publisher account in order to publish and sell books, and additional Publisher Terms will apply.
4. We may suspend or terminate your Account, or remove books or other content from it, if you do not comply (or agree to comply) with these terms or our Account Policy, or if we are required by law to do so. See also clauses 3.6 (Availability of the Platform) and clause 4 (Acceptable Use of the Platform).
PROVISION OF THE PLATFORM
1. We will provide the Platform and Accounts substantially in accordance with our Service Description, and with reasonable care and skill, in the context of Turn Another Page as a small-company UK provider of an online platform for buying and selling books within the UK and other regions set out in our Service Description UK.
2. Accessing the Platform: You are responsible for making arrangements necessary to access the Platform and your Account, and to download and read purchased books, including network and Internet connections (with sufficient data limits), and any required equipment or additional software (such as internet browsers and software to read downloaded books).
3. Content warnings and age assurance: You should take note of any classifications of books and content warnings before viewing information about or buying specific books. We may need additional assurance of your age before you can access certain content.
4. Moderation: We use reasonable endeavours to moderate content provided by other users (including books advertised for sale and reader reviews) in accordance with our [Moderation Policy]. However, you acknowledge that books, reviews and other content may be provided by publishers and other users, and we do not have full control over or responsibility for the appropriateness, accuracy or lawfulness of such content.
5. Availability of books: We do not guarantee availability of books advertised for sale on the Platform (in digital or physical format). Neither Turn Another Page nor publishers have any obligation to provide you with a book until a relevant contract for sale or supply is complete (see clause 5 (Buying digital books) and clause 6 (Buying physical books)).
6. Availability of the Platform: As Aat the date of these terms, the Platform and Accounts are provided free of charge, and payments to us or publishers are only required for the purchase of books. You may experience bugs or errors, and we may at any time change the content, and features or Service Description, or withdraw all or any part of, the Platform and your Account. We may also temporarily suspend availability for repair, maintenance or upgrades. Subject to our obligations under clause 5 (Buying digital books), you should not rely on (and we are not responsible to you for) the availability or completeness of the Platform or your Account.
7. Concerns: Please notify us (using the our contact details here) if you have concerns about any content on the Platform, any bugs or errors, or the actions of other users, including where you become aware of a breach of our acceptable use rules under clause 4 (Acceptable use of the Platform), or a breach by a publisher of our [Fee Charging Policy or Content Warning Policy].
ACCEPTABLE USE OF THE PLATFORM
1. You must comply with the following rules of use of the Platform (under clauses 4.2 to 4.8). If, in our reasonable opinion, you are not (or are unlikely to be) complying with these rules, we may terminate or suspend your access to the Platform and/or your Account, and we may remove any of your content. We or other users may also have other legal rights against you.
2. Purpose of use: You may only use the Platform for the purposes of viewing its content, buying books within your Account (or, with a publisher account, selling books), and making the intended use of other Platform features set out in our Service Description (such as sharing book lists and leaving reviews).
3. Respect other users: You must respect other users of the Platform and their rights, and not harass, threaten or intrude on their privacy, nor interfere with their lawful use of the Platform.
4. Keep access details confidential: You must keep passwords for your Account (and any publisher account) confidential and not share your individual login details with any other person. You are responsible for all use of your Account using your login details (other than by our service administrators).
5. Do not provide unlawful content: You must not provide to us (for example, when setting up an Account), nor upload to, publish or communicate on the Platform (for example, when leaving reviews) any unlawful, inappropriate or unauthorised content, including: (a) obscene, abusive, discriminatory, defamatory or harmful material; (b) content which infringes intellectual property rights; (c) data which breaches data protection or confidentiality obligations, or any rights of privacy; (d) spam or bulk communications; or (e) information which is inaccurate, irrelevant, or which misrepresents yourself or another party. Publishers must comply with additional content rules within the Publisher Terms.
6. Do not misuse content: You must not access, copy, modify, use, share or distribute content of the Platform other than as needed to use the Platform as intended, and must comply with the terms of the intellectual property licences under clause 8 (Intellectual property).
7. Do not misuse the Pplatform technology: You must not make any unlawful or unauthorised use of the Platform, nor any equipment, software or networks used to deliver the Platform, including: (a) introducing any virus or malware, causing any denial of service attack, overloading or causing damage; (b) attempting to disable or bypass security measures, or otherwise unlawfully access, copy, modify, share, reverse engineer, decompile or disassemble any software or technology; or (c) committing any criminal or fraudulent act.
8. Follow additional rules where needed: You must comply with obligations set by payment providers relating to the purchase of books (see clause 7 (Payment for books)). If reasonably requested by us, you must follow additional rules relating to your use of the Platform, including those needed to provide the Platform effectively, meet legal requirements, protect intellectual property or data, ensure security or address vulnerabilities.
BUYING DIGITAL BOOKS
1. Contract: When you buy a digital book (including an eBook or audiobook), a contract for the supply of the book is formed between you and Turn Another Page. We will provide you with details of the Order, which, together with these terms, will form the terms of the contract. The contract will come into effect once your payment under that Order is approved through our third party payment provider (see clause 7 (Payment for books)).
2. Supply and consumer rights: Turn Another Page will supply to you a digital file of the book specified in the Order. We are responsible for supplying the digital file in accordance with your legal rights as a consumer, including the following:
  1. it must be of satisfactory quality for a digital book in the format described at clause 5.4, and must match the description within the Order. However, we are not responsible for the quality of the writing of the book;
  2. it must be reasonably fit for the purpose of you reading the book as a consumer; and
  3. we must have a right to supply it to you (and we generally obtain such right from the publisher).
3. Right to cancel: You have a right to cancel the contract within 14 days of it being entered into (and we will reimburse your payment within 14 days of you informing us of your decision to cancel). However, if you choose for us to supply the book to you within this period (if you access or download it – see clause 5.4), your right to cancellation will be lost .
4. Delivery: Your book will be delivered to you over the Platform in a commonly used format. Our standard formats at the date of these terms are set out in the Service Description. It will generally be available in your Account for you to access and download immediately following payment, though this may be affected by technical issues, or other circumstances beyond our reasonable control.
5. Availability following access: Once you have accessed a purchased digital book, you are responsible for downloading and maintaining your own copy (in accordance with the licence under clause 8 (Intellectual property)). Whilst we aim to maintain access within your Account for a period following purchase as set out in our Service Description, we do not guarantee ongoing availability of the book on the Platform, and are not responsible for recovering books which you may have lost or damaged.
BUYING PHYSICAL BOOKS
1. Contract: When you buy a book to be provided in a tangible format (such as paper books), a contract for sale of the book is formed between you and the publisher (as specified in the Order). We will provide you with details of the Order, which, together with these terms, will form the terms of the contract. Payment for the book will then be approved through our third party payment provider (see clause 7 (Payment for books)), and the contract will come into effect [once your book is dispatched to you].
2. Supply and consumer rights: The publisher is responsible for sending you the book specified in the Order, and for supplying the book in accordance with your legal rights as a consumer, including the following:
  1. it must be of satisfactory quality, and match the description within the Order;
  2. it must be reasonably fit for the purpose of you reading it as a consumer; and
  3. the publisher must have a right to sell it to you.
3. Right to cancel: You have a right to cancel the contract within 14 days of the book being delivered to you (though there are exceptions for any book made to your particular specifications). The publisher is responsible for re-imbursing you payment for the book, but you will generally be responsible for the delivery costs of returning the book to the publisher.
4. Other terms: Additional terms relating to the sale or delivery of the book may be specified in the Order.
5. Complaints: [Turn Another Page is not responsible for any failures in delivery or breach by the publisher of the sales contract or your consumer rights. However, we may, at our discretion, facilitate resolution of a complaint between you and a publisher, in accordance with our Complaints Procedure.]
PAYMENT FOR BOOKS
1. Prices: The price of a book, and any delivery costs (or other additional costs) are as specified in the Order. Turn Another Page and the publisher each take a share of the price (at percentages agreed between us and the publisher).
2. Payment: You must make payment of the price and such costs to:
  
  (a) Turn Another Page for a digital book bought under clause 5 (Buying digital books); and
  
  (b) the relevant publisher for a tangible book bought under clause 6 (Buying physical books). A publisher may enforce payment under its contract of sale with you, or as a third party beneficiary in accordance with clause 12 (Enforcement by the publisher).
  
  Neither Turn Another Page nor any publisher are obliged to provide you with a book unless and until payment has been made.
3. Payment provider: Payments are facilitated by our third party payment provider, as set out in the Service Description. At the date of these terms, our provider is PayPal.
INTELLECTUAL PROPERTY
1. Content you provide: Intellectual property in content that you provide to us or upload to the Platform belongs to you or your licensors. You grant Turn Another Page a non-exclusive worldwide licence to use and publish such content for the purpose of providing the Platform. We may ask your permission to use some content (such as book reviews) outside the Platform (such as on social media). Additional licence terms apply to publishers within the Publisher Terms.
2. Platform content and technology: You acknowledge that intellectual property (including copyright, database rights and trade marks) subsisting in relation to the Platform (including its technology and content), and in books you buy via the Platform (including as literary works and sound recordings), are owned by Turn Another Page, publishers, other users and their respective licensors. For content other than books you buy, Turn Another Page grants you a non-exclusive, non-transferable licence to access and view such content for information purposes.
3. Linking: You may link to sections of the Platform, provided such linking: (a) is done for legitimate reasons and in a lawful manner; (b) does not involve any misuse of content or misrepresentation of us, publishers or other users; and (c) does not attempt to bypass controls over access to restricted areas (such as areas which require an Account or age assurance to access).
4. Digital book licence: When you buy a digital book, Turn Another Page and the relevant publisher grant you a [non-exclusive, non-transferable, personal (non-commercial) licence to: (a) access and download a copy of the book from the Platform; and (b) make up to 10 (ten)[ ] copies of the book (in the same format), and store such copies on your own personal devices (or using data storage services provided for your personal use) (provided that only one copy is stored on each such device or service), each for the purpose of enabling you to read the book.] The Order may change the extent of this licence for a particular book, including the number of permitted copies and where you may store them.
5. Restrictions on use of digital books: You may not: (a) disable or modify any security measures or identifiers attached to a digital book (which we may use to prevent or identify breaches of these licence terms); (b) transfer or sub-license the licence under clause 8.4; (c) copy (other than in accordance with clause 8.4), adapt, translate or create derivative works of the book; (d) rent, lend or re-sell the digital book; (e) issue or communicate the digital book to the public; nor (f) use the digital book for any commercial purposes.
6. Termination of licence: We or the publisher may terminate the licence under clause 8.4 if we do not receive full payment for the book, or if you breach clause 8.5, and in each case you will cease to use and destroy all copies of the book in your possession or control.
7. A publisher may directly enforce its intellectual property rights against you, or may enforce the terms of the licence under clauses 8.4 to 8.6 against you as a third party beneficiary in accordance with clause 12 (Enforcement by the publisher).
DATA PROTECTION
1. Controller: Turn Another Page has obligations as a controller under data protection laws to protect your personal data, including information within your profile and relating to your Account. More information about our use of your personal data is provided in our Privacy Notice.
2. Purposes: [We may process and retain your personal data (including following termination of your Account or if you stop using the Platform) for the purposes of providing the Platform and your Account, maintaining business records (including accounts, records of sales, communications), reviewing and enforcing compliance with these terms, complying with legal obligations and defending our legal rights (and those of publishers and other users).]
3. Options: [You have options whether to make public or share with other users certain information (such as your profile, book lists and reviews). Some information may remain published after you stop using the Platform (such as your published reviews).]
4. Sharing data: [We may share relevant information about you with: (a) our third party payment provider to facilitate payment for books (including name, email, billing and delivery addresses); and (b) publishers, including in relation to any sale of physical books, and to enable them to protect and enforce their intellectual property rights.]
5. [Analysis: We may use anonymous user data for conducting data analysis analyse how you interact with the Platform and books, for statistical purposes (for us and publishers), and for development and improvement of the Platform.] We do not seek to identify you from this data.
6. Security: We use reasonable endeavours to implement appropriate security measures for the Platform and your Account, to protect against unauthorised or unlawful use of your personal data, and against accidental loss of or damage to your personal data, including measures set out in the Service Description. However, you acknowledge that there are security risks inherent with online and web-based services.
COMPLAINTS AND DISPUTES
1. If you are unhappy with the Platform, the sale or supply of a book or these terms, please contact us and we will seek to resolve the dispute in accordance with our Complaints Procedure.
2. These terms are governed by the laws of England and Wales, and the courts of England and Wales (or, if you are a UK consumer, the courts of another part of the United Kingdom in which you live) shall have non-exclusive jurisdiction in relation to any disputes relating to these terms.
LIMITATIONS OF LIABILITY
1. These terms do not limit: (a) liability for fraud or for death or personal injury caused by negligence; nor (bc) any other liability which cannot lawfully be limited, and the other provisions of these terms are subject to this clause 11.1.
2. Neither Turn Another Page nor any publisher shall be liable to you for: (a) any business losses or losses to non-consumers; nor (b) any type of loss or damage which was not foreseeable to you and us (or the publisher) when you agreed to these terms (including in relation to your use of the Platform, setting up of an Account, or purchase of a book, as applicable).
3. Neither Turn Another Page nor any publisher shall be liable to you for any delay or non-performance of its obligations relating to the Platform or sale of a book resulting from causes beyond its reasonable control, including: failure of Internet connections, communications networks or power supply; governmental or parliamentary act; war, fire, flood, explosion or civil commotion; epidemic or pandemic.
4. The Platform may contain links or refer to platforms or websites operated by other parties. [Whilst Turn Another Page conducts reasonable checks on the reliability of its providers (such as PayPalits payment provider),] Turn Another Page has no control or responsibility over the availability, quality or security of such platforms or websites.
5. The following clauses also limit Turn Another Page's responsibilities and liabilities to you for the stated matters:
  1. clause 3.4 – content provided by publishers or other users;
  2. clauses 3.5 and 3.6 – availability of books and the Platform;
  3. clause 5.5 – ongoing availability of books you have bought;
  4. clause 6.2 – quality of writing of a book; and
  5. clause 6.5 – breaches by publishers.
6. Other than liability which cannot lawfully be limited, or arising under laws protecting your personal data, each of Turn Another Page's and any publisher's total liability to you in any calendar year (from January to December) in relation to all claims arising in a relation to your use of the Platform and purchase of any books during that year, shall not exceed the higher of: (a) payments made by you to us and publishers for books in that calendar year; or (b) [£ 500 ].
7. Clauses 11.2 and 11.6 do not apply in relation to Turn Another Page's liability to publishers in their use of the Platform to sell books, and publishers should refer to the limitations of liability within the Publisher Terms.
ENFORCEMENT BY THE PUBLISHER
1. A publisher may enforce the following provisions against you as a third party beneficiary under these terms (though we may make changes to these terms without the consent of the publisher): clause 3.5 (Availability of books); clause 7.2 (Payment for books); clauses 8.4 to 8.6 (Intellectual property); and clauses 11.2, 11.3 and 11.6 (Limitations of liability).
GENERAL
1. In these terms: (a) including and include shall be interpreted as meaning "including/include, without limitation"; and [(b) headings and summaries shall not affect the interpretation of the terms.]
2. Subject to clause 13.3, neither Turn Another Page nor you may transfer, assign nor sub-contract or sub-license any rights or obligations under these terms to any person without the prior written consent of the other party.
3. Turn Another Page may, without your consent: (a) sub-contract provision of the Platform or any of its obligations under these terms or an Order, and sub-license associated rights; and/or (b) upon notice to you, transfer or assign all or any of its rights or obligations under these terms or an Order to any transferee of all or part of its business.
4. Upon termination of an Account or your access to the Platform, all provisions of these terms that are intended to continue shall survive termination, including terms relating to limitations of liability, and the terms of the intellectual property licence for digital books you have bought.
5. Termination of any contract formed on these terms shall not affect accrued rights and liabilities of Turn Another Page, a publisher or you up to the date of termination.
6. If there is any inconsistency between these terms, the Service Description and an Order, these terms shall prevail, followed by the Order, followed by the Service Description.
7. Subject to clause 12 (Enforcement by the publisher), no provision of these terms is intended to be enforceable by anyone other than Turn Another Page and you.
8. No failure or delay by either party in exercising any right or remedy under these terms shall be construed as a waiver by that party of such right or remedy.
9. If any provision of these terms or an Order is found to be invalid or unenforceable, the other provisions shall remain in force, and, to the extent possible, the provision shall be modified to ensure it is valid and enforceable, whilst maintaining or giving effect to its intention.