Terms And Conditions

TERMS AND CONDITIONS

PLEASE READ THIS POLICY CAREFULLY. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE ADVISED NOT TO USE THE WEBSITE

This policy was last updated: 1st August 2019

ABOUT THESE TERMS AND CONDITIONS

These Terms and Conditions apply to the Website, https://www.feetwonder.com (“Feetwonder”), owned and operated by SIA Vitalik (“us” or “our”). Our registered office is at Matisa iela 26, Riga, Latvia LV-1001, company registration number 40203219165. The term ‘you’ refers to the user or viewer of our Website.

Use of the Feetwonder Website is subject to these Terms and Conditions (“Terms and Conditions”) which give you important information about the basis on which we provide our services (“Services”). Your use of Feetwonder’s Services through the Website constitutes your acceptance of these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, you are not permitted to access Feetwonder’s website or purchase Services available on the website.

The Terms and Conditions should be read in conjunction with our Privacy and Cookies Policies. These counterparts together form our Terms and Conditions and use of the Website constitutes an agreement to be bound by these terms. Users of this Website must be legally capable of entering into binding contracts. If you do not have the capacity to accept these terms or do not wish to be bound by our Terms and Conditions, you are advised not to use the Website.

If you have any queries relating to these Terms and Conditions, please contact us by email to support@feetwonder.com

AMENDMENTS TO TERMS

Feetwonder may revise these Terms and Conditions at any time and update this information without notice. You should therefore verify this page regularly. Your continued use of the Website constitutes your acceptance to the Terms and Conditions as amended.

DEFINITIONS

In these Terms and Conditions, we will use the following terms with these meanings:

 

“Feetwonder”                                     means the Feetwonder business operated by SIA Vitalik;

”Subscription”                                     means payment made on a monthly basis by a user for the purchase of Services;

“Terms and Conditions”                    means these Terms and Conditions which apply to the use of the Website and purchase of any services from Feetwonder;

“We” “Us” “Our”                                  means the business of Feetwonder;

”Website”                                            means www.feetwonder.com;

“you” “your” “user”                            means any physical or legal person who uses, signs up to, or purchases services from Feetwonder including subscription services;

INTERPRETATION

The headings in the Terms and Conditions are inserted for convenience only and shall not affect the interpretation of the Terms and Conditions.

Unless the context otherwise requires in these Terms and Conditions, references to the singular include the plural and references to the masculine include the feminine, and vice versa.

References to any statute or statutory provision within these Terms and Conditions shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.

REGISTRATION ON THE WEBSITE

In order to gain full access to the Services available from Feetwonder you are required to register with us through providing the personal details requested. Users set their own password. The user is responsible for ensuring that the information given is current, complete and accurate. Registration is subject to acceptance or refusal by Feetwonder at its sole discretion. Personal data will be kept on our systems in accordance with our Privacy Policy.

PASSWORDS

You are solely responsible in all respects for protecting the confidentiality of any password for access to or use of the Website. Your password may only be used by you personally and you must not share it with or transfer it to any third party. You are solely responsible for any and all activities that occur under your password and account.

You must notify Feetwonder immediately of any unauthorised use of your password or any other breach of security regarding the Website which comes to your attention. Feetwonder will not be liable for any loss that you may incur as a result of a third party using your password or account. However, you may be liable for losses incurred by Feetwonder as a result of someone else using your password or account.

SUBSCRIPTION

Registration on the Website is subject to your agreement to the Subscription as described which must be paid in advance of Services being provided or made available to the user.

Payment for our Users is through our payment provider, www.securionpay.com. For details of their privacy policy see https://securionpay.com/docs/privacy

We reserve the right to take appropriate measures to determine or verify your identification or payment details, if we suspect, or know of any illegal activity including fraud or money laundering.

We do not hold any payment or transaction details for users on our servers or on the Website.

CANCELLATION AND REFUNDS POLICY

Services are available from Feetwonder on a subscription basis and once a subscription is ordered online and paid by Direct Debit (DD) or Continuous Credit Card (CCC) it will renew automatically unless we or you cancel it. You may cancel your subscription to prevent recurring charges applying but you must do so before automatic renewal has taken place in order to avoid being billed for the continued Subscription.

If you have already been billed for the current month your cancellation will go into effect for the following month and you will still be able to access the Services for the current month which has already been paid for. We do not offer a partial refund for a month’s subscription or reimbursement of costs for Services not used. To cancel your subscription, please click ‘Cancel’ under the ‘My Account’ menu on the website.

We reserve the right to grant any refund at our discretion. If we accept your request to cancel a subscription, your refund will be made within 14 days. We will refund you by the method you used for the original payment. Feetwonder will not issue refunds by cash, cheque, or to another party. The decision to refund a charge does not imply the obligation to issue additional future refunds.

You are entitled to cancel a payment for a Subscription where fraudulent use has been made of your payment card by a person not acting, or to be treated as acting, as your agent. If you have already made a payment where your payment card has been so fraudulently used, then you should approach your card issuer for recredit to your card.

We reserve the right to terminate or restrict your use of our Services, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these terms. If we terminate your use of our Services as a result of a breach of any obligation under these terms, such termination would be immediate and without notice.

DATA PROTECTION AND CONFIDENTIALITY

Your information will be handled with the upmost confidence. Feetwonder will adhere to all applicable data protection law and always stores personal data disclosed to us in a secure manner as outlined in our Privacy Policy.

All information that you send to us will be kept confidential and will not be given to any unauthorised third parties unless express permission is given by the individual or as required by law.

Any client testimonials or quotes will only be used on the Website or other marketing material with a user’s express permission.

Under Data Protection legislation all individuals have the right to access their personal data and when processing data on your behalf we will comply with the provisions of the Data Protection law including the GDPR. The Data Controller is SIA Vitalik.

TERMINATION

Feetwonder at its sole discretion shall determine whether or not to grant you a license to access our Website and we may terminate your account and access to the users for cause without prior notice, in the following circumstances:

  • Any material breach of the Agreement including non-payment of a user’s Subscription as due;
  • Any unauthorised use of the Website;
  • At the request of a legal authority;
  • Accounts that are inactive after 3 months will be classed as inactive.

Termination of the account includes removing your access to all of our Users and deletion of all your personal and non-personal data and related account information i.e. your login data, password and any content.

Termination shall be at out sole discretion and we shall not be liable to you or any third party for terminating your account or access to our Users.

We reserve the right to block access and/or re-registration on the Website to any user without any prior notice, if usage does not comply with these Terms and Conditions, or usage is objectionable for any reason.

If this Agreement is terminated for cause, we reserve the right at our sole discretion not to refund any pre-paid fees, or any other amount due to you.

Under data protection law you can request the removal of your data at any time by email to support@feetwonder.com

USE OF THE WEBSITE

The Services available on the Feetwonder Website are provided for lawful purpose only and users must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or any of the areas of, the Website.

Use of Feetwonder’s Services is at your own risk. Feetwonder’s Services and all websites linked from it are provided “AS IS” and on an “AS AVAILABLE” basis. The content and materials are provided “AS IS” and no warranties are made of any kind. Feetwonder’s disclaims all warranties, express or implied, or any kind, including any implied warranty of merchantability, fitness for any purpose, or non-infringement. Feetwonder makes no representations, guarantees or warranties as to the quality, accuracy, suitability, truth or completeness of any portion of this Website or any materials or information made available through Feetwonder’s Services. Any references to any real person, living or dead, are purely coincidental. Feetwonder and its suppliers are not liable for the accuracy or completeness of any of the materials available through Feetwonder’s services.

Feetwonder makes no guarantee that the Services will operate in any certain way or on any particular platform, software, browser, or hardware. Feetwonder makes no guarantee that the materials are acceptable or legally viewable in any jurisdiction or that the materials will meet your expectations or satisfaction. Any use of Feetwonder’s Services is at your own risk and you are solely responsible for any damage to your computer hardware or software or loss of data that occurs during your use of the Website regardless of fault, including damage or loss due to viruses, Trojans, or other malware.

UNLAWFUL AND ILLEGAL MATERIAL

You must not use the Website to store, host, copy, distribute, display, publish, transmit or send content that is illegal or unlawful, or that will or may infringe a third party’s legal rights, or that could give rise to legal action whether against you, us, or a third party.

You are not permitted to decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivate works from the site or the content. The use of network monitoring or discovery software to determine the site architecture, or information about its usage or identify individual users is strictly prohibited.

You must not submit any content that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

SECURITY

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

HYPERLINKS

The Website may contain links to other sites, which are not under the control of Feetwonder. We accept no responsibility or liability for the content, security, availability and privacy practices, or any material on any Website that is not under the control of Feetwonder. A link to a third-party Website does not imply endorsement by Feetwonder.

UPTIME

Feetwonder will endeavour to make the Website available to users but cannot guarantee that the Website will operate continuously or without interruption. There may be times when certain features, parts or content of the site, or the entire Website, become unavailable, or are modified, suspended or withdrawn by us at our sole discretion, without any notice given. We will not be liable for any unavailability issues.

We cannot guarantee the speed with which you will be able to access and use the Website as it will depend upon factors such as the specification of your device and the number of users using the site.

MONITORING

We do not actively monitor every interaction on the Website, and you should always exercise caution in giving personal data. We reserve the right to conduct any checks we determine as necessary from time to time, including searches through any available public records.

If you believe that any user of this Website is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform the relevant authorities and then to contact us, so that we may take appropriate action to block access to the Website.

If you become aware of any material on the Website that contravenes these Terms and Conditions, please notify us by email to support@feetwonder.com

INTELLECTUAL PROPERTY

We do not grant any licence or use of our intellectual property rights to any third party. You shall not own nor acquire any title or any other intellectual property rights in relation to the Website.

WEBSITE COPYRIGHT

The Feetwonder Website and all related content including, but is not limited to, the design, layout, look, appearance and graphics, is copyright of Feetwonder and may not be copied by any third party. Reproduction or unauthorised use of any material from the Website is not permitted except where licensed to do so by Feetwonder.

Feetwonder reserves the copyright to all content on the Website, including but not limited to design, text, software, drawings, graphics and other files. None of these may be republished, reproduced, downloaded, displayed, distributed, posted transmitted or sold in any form or by any means in whole or in part without prior written permission of the copyright owner.

You are not permitted to sell any of our content under any circumstances and this will constitute a breach of our Terms and Conditions. Framing of this site without permission is a breach of our copyright.

All trademarks reproduced in this Website which are not the property of, or licensed to, the operator are acknowledged on the Website.

NO PARTNERSHIP

Nothing in these Terms and Conditions shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship other than the contractual relationship expressly provided for in these Terms and Conditions.

ASSIGNMENT

Access to the Website shall be personal to the user. The user may not assign, mortgage, charge or sub-license or otherwise delegate any of its rights, or sub-contract or otherwise delegate any of its obligations without the written consent of Feetwonder. We may assign, transfer, delegate or subcontract any or all of our rights under these Terms and Conditions, in whole or in part, without restriction.

LIMITATION OF LIABILITY

We are not responsible for the information posted on this Website including, but not limited to, any errors by another user, any comments, photos, or posts, or the content of any messages sent or received. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Our liability is not limited in the event of death or personal injury caused by our negligence, fraud or fraudulent misrepresentation.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information, materials or Services on the Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, Users or information available through the Website meet your specific requirements.

ENTIRE AGREEMENT

By using this Website, users accept that they shall not rely on any representation, warranty or other provision except as expressly provided in these Terms and Conditions. All Conditions, warranties or other terms implied by statute or common law are excluded as fully permitted by law.

NO WAIVER

No failure or delay by Feetwonder in exercising any of its rights shall be deemed to be a waiver of that right, and no waiver of a breach of any provision of the Terms and Conditions shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

FORCE MAJEURE

Any delay in or failure of performance by Us will not be considered a breach of these Terms and Conditions and will be excused to the extent caused by any occurrence beyond the reasonable control of such party including, but not limited to, acts of God, power outages and governmental restrictions.

SEVERANCE

In case any provision in the Terms and Conditions shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

NOTICES

Notices sent to you by e-mail will be deemed effectively given and received twenty-four hours after sending. The postal address for all notices and correspondence is Matisa iela 26, Riga, Latvia LV-1001

GOVERNING LAW AND JURISDICTION

These Terms and Conditions and any dispute or claim arising out of or in connection with them will be governed and shall be construed in accordance with the laws of Latvia and each party submits to the exclusive jurisdiction of the courts in Latvia.

 

Copyright © 2019 SIA Vitalik

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