These Terms and Conditions, together with any and all other documents referred to in them, set out the terms of use under which you may use this website, www.FeelYourFeet.com (“Our Site”). Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site and you will be required to read and accept these Terms and Conditions when signing up for an Account. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.
- Definitions
In these Terms and Conditions, the following expressions have the following meanings:“Account” means an account required for a User to access certain areas of Our Site, as detailed in Clause 4; “Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; “Forum” means a discussion forum hosted on Our Site; “Post” means a post in a Forum and includes all content in such posts; “System” means any online communications infrastructure that We make available through Our Site either now or in the future. This may include, but is not limited to, contact forms, email, live chat and Forums; “User” means a user of Our Site; and “We/Us/Our” means Dr Anders Foot Health Ltd, whose details are set out in Clause 2. - Information about Us
Our Site, www.FeelYourFeet.com, is owned and operated by Dr Anders Foot Health Ltd, a limited company registered in England and Wales under company number 10448181 and whose registered address is Main Street, Grange-over-Sands, LA11 6DP. - Access to Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make all arrangements necessary to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period. - Accounts
4.1 Certain parts of Our Site (including the ability to submit Posts to a Forum) may require an Account in order to access them.
4.2 You may not create an Account if you are under 18 years of age.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes, you must ensure your Account is kept up-to-date.
4.4 We recommend you choose a strong password for your Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately at contact@feelyourfeet.com. We will not be liable for any unauthorised use of your Account.
4.5 You must not use anyone else’s Account.
4.6 Any personal information provided in your Account will be collected, used and held in accordance with your rights and Our obligations under the Data Protection Act 1998.
4.7 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
4.8 If you close your Account, any Posts you have made on Our Site will remain on Our Site. - Intellectual property rights
5.1 With the exception of Posts (see Clause 6), all Content on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including Posts) is protected by applicable United Kingdom and international intellectual property laws and treaties.
5.2 Subject to the licence granted to Us under Clause 6.4, Users retain the ownership of copyright and other intellectual property rights subsisting in Posts submitted by them (unless any part of such Posts is owned by a third party who has given their express permission for their material to be used in the Post).
5.3 For personal use (including research and private study) only, you may:5.3.1 access, view and use Our Site in a web browser; 5.3.2 download Our Site (or any part of it) for caching; 5.3.3 print pages from Our Site; 5.3.4 download, copy, clip, print or otherwise save extracts from Our Site; 5.3.5 quote and share other Users’ Posts within the Forums on Our Site; and 5.3.6 save pages from Our Site for later and/or offline viewing. 5.4 You may not use any Content (including Posts) downloaded, copied, clipped, printed or otherwise saved from Our Site for commercial purposes without first obtaining a licence to do so from Us, our licensors or from the relevant User, as appropriate. This does not prohibit the normal access, viewing and use of Our Site (including the Forums) for general information purposes whether by business users or consumers.
5.5 You may not systematically copy Content from Our Site with a view to creating or compiling any form of comprehensive collection, compilation, directory, or database unless given Our express permission to do so.
5.6 Subject to Clauses 5.3 and 6, you may not otherwise reproduce, copy, distribute, sell, rent, sub-licence, store or in any other manner re-use Content or any other material from Our Site unless clearly given express written permission to do so.
5.7 Our status as the owner and author of the Content on Our Site (or that of identified licensors or Users, as appropriate) must always be acknowledged. - Forum Posts
6.1 An Account is required if you wish to submit Posts to Our Forum(s).
6.2 You agree that you will be solely responsible for your Posts. Specifically, you agree, represent and warrant that you have the right to use the content of a Post and that your Post will comply with Our acceptable usage policy, detailed below in Clause 7.
6.3 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.
6.4 You (or your licensors, as appropriate) retain ownership of the content of your Posts and all intellectual property rights subsisting therein. By submitting a Post, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, irrevocable, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence the content of your Post for the purposes of operating and promoting Our Site and Forum(s). Other Users may also quote and share your Posts within Our Site and otherwise in accordance with the provisions of Clause 5.
6.5 If you wish to remove a Post, you may do so and your content will either be deleted or anonymised. However, due to the functionality of Our Site, any quotes or shares of your Post will remain.
6.6 We may reject, reclassify or remove any Posts submitted to Our Site where, in Our sole opinion, the content of those Posts violates Our acceptable usage policy, or if We receive a complaint from a third party and determine that the Post(s) in question should be removed as a result. - Acceptable usage policy
7.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 7. Specifically:7.1.1 you must ensure that you comply fully with all applicable local, national and international laws and/or regulations; 7.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent; 7.1.3 you must not use Our Site to knowingly send, upload or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or data of any kind; and 7.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way. 7.2 When submitting Posts (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
7.2.1 is sexually explicit; 7.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory; 7.2.3 promotes violence; 7.2.4 promotes or assists in any form of unlawful activity; 7.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age; 7.2.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset or embarrass another person; 7.2.7 is calculated or is otherwise likely to deceive; 7.2.8 is intended or is otherwise likely to infringe (or threaten to infringe) another person’s right to privacy; 7.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive; 7.2.10 implies any form of affiliation with Us where none exists; 7.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or 7.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence. 7.3 We reserve the right to suspend or terminate your Account and/or your access to Our Site if you breach the provisions of this Clause 7 or any of the other provisions of these Terms and Conditions. Specifically, We may:
7.3.1 temporarily or permanently suspend your Account and/or your right to access Our Site; 7.3.2 remove any Post(s) submitted by you that violate(s) this acceptable usage policy; 7.3.3 issue you with a written warning; 7.3.4 take legal proceedings against you for reimbursement of all relevant costs on an indemnity basis resulting from your breach; 7.3.5 take further legal action against you as appropriate; 7.3.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or 7.3.7 any other actions that We deem reasonably appropriate (and lawful). 7.4 We hereby exclude all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.
- Links to Our Site
8.1 You may link to Our Site provided that:8.1.1 you do so in a fair and legal manner; 8.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists; 8.1.3 you do not use any logos or trade marks displayed on Our Site without Our express written permission; and 8.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it. 8.2 Framing or embedding of Our Site on other websites is not permitted without Our express written permission.
8.3 You may not link to Our Site from any other site the content of which contains material that:8.3.1 is sexually explicit; 8.3.2 is obscene, deliberately offensive, hateful or otherwise inflammatory; 8.3.3 promotes violence; 8.3.4 promotes or assists in any form of unlawful activity; 8.3.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age; 8.3.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset or embarrass another person; 8.3.7 is calculated or is otherwise likely to deceive another person; 8.3.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy; 8.3.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive; 8.3.10 implies any form of affiliation with Us where none exists; 8.3.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or 8.3.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence. - Links to other sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them. - Disclaimers and legal rights
10.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. You should seek specialist advice from a healthcare professional before taking any action relating to the health, care and wellbeing of your feet.
10.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware or that it will be secure.
10.3 If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies as a consumer. For more details concerning your rights as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
10.4 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate and up-to- date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate or up-to- date.
10.5 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any Posts submitted by Users. Any such opinions, views or values are those of the relevant User, and do not reflect Our opinions, views or values in any way. - Our liability
11.1 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty or otherwise, arising out of or in connection with the use of, or inability to use, Our Site or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is in the form of Posts submitted by Users) included on Our Site.
11.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content (including Posts) included on Our Site.
11.3 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware, however subject to Clause 11.3, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content (including any provided in Posts) from it) or any other site referred to on Our Site.
11.4 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war or legal restrictions and censorship.
11.5 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from Our negligence, or for any other forms of liability which cannot be excluded or restricted by law. - Viruses, malware and security
12.1 We exercise reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
12.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
12.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
12.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored or any other server, computer or database connected to Our Site.
12.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack or by any other means.
12.6 By breaching the provisions of this Clause 12, you may be committing a criminal offence under the Computer Misuse Act 1990. We will report all such breaches to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach. - Privacy and cookies
Use of Our Site is also governed by Our Cookie and Privacy Policies, available from http://www.feelyourfeet.com/cookie-policy/ and http://www.feelyourfeet.com/privacy/. These policies are incorporated into these Terms and Conditions by this reference. - Data protection
14.1 All personal information that We may collect (including, but not limited to, your name and contact details) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
14.2 We may use your personal information to:14.2.1 provide and administer your Account; 14.2.2 reply to any communications you send to Us; 14.2.3 send you important notices, as detailed in Clause 16; 14.3 Unless required to do so by law, We will not pass on your personal information to any third parties.
- Communications from Us
15.1 If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions and changes to your Account.
15.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. All marketing emails sent by Us include an unsubscribe link. [Email marketing options can also be changed via the unsubscribe link located in the footer of such emails.] If you opt out of receiving emails from Us at any time, it may take up to 28 days for your new preferences to take effect.
15.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at info@feelyourfeet.com. - Changes to these Terms and Conditions
16.1 We may alter these Terms and Conditions at any time. Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented. You should therefore check this page from time to time.
16.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise. - Contacting Us
To contact Us, please email Us at contact@feelyourfeet.com or using any of the methods provided on Our contact page http://feelyourfeet.com/contact-us/quick-enquiry/. - Law and jurisdiction
18.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
18.2 If you are a consumer, any disputes concerning these Terms and Conditions, the relationship between you and Us or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland or Northern Ireland, as determined by your residency.
18.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.
