Acceptable Use
Liability
Intellectual Property Policy

Introduction

Please read these terms and conditions carefully before using this fitflop.tw website (”Website”). Our Website is operated by FitFlop Limited, a limited company registered in England & Wales under company number 06436347, whose registered office is at Eight Floor, 6 New Street Square, London EC4A 3AQ and trading address at 210 New Kings Road, London SW6 4NZ, United Kingdom and whose VAT number is 918504324 (”FitFlop” ‘our’, ‘we’ or ‘us’).

In particular, we draw your attention to the Nature of Our Website section (below), our Acceptable Use Policy and our Exclusion of Liability Statement.

This page (together with the documents referred to on it) tells you the terms and conditions on which we allow access to and use of our Website and/or supply any of the services or any of the products listed on our Website (”Products“) to you. These terms and conditions also apply to any correspondence between us. For the avoidance of doubt, any reference to terms and conditions shall include all documents referred to on this page and within the text of any such documents also.

Please read these terms and conditions carefully before using our Website or ordering any Products from our Website as, in accessing and using our Website or ordering any Products through our Website, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.

These terms and conditions may be modified from time to time but, should this happen; they will be posted on our Website.

If you do not wish to be bound by these terms and conditions then you must not use our Website. If you refuse to accept these terms and conditions, you will not be able to order any Products or services from our Website.

Nature of our Website and Service Availability

Our Website is an online service and is provided on an ‘as is’ basis. FitFlop makes no representations or warranties of any kind with respect to our Website or its contents and disclaims all such representations and warranties. This does not affect your statutory rights as a consumer, nor does it affect your legal or contractual contract cancellation rights. The content contained in our Website is subject to change from time to time without further notice. You acknowledge and agree that FitFlop make no warranty that our Website will be timely or defect and error free, meet your requirements or will be uninterrupted. We do not warrant that any servers or equipment will be free of viruses or bugs or that any defect will be fixed promptly or at all.

Please note that our Website is available only to entities, persons or individuals that can form legally binding contracts under applicable law.

By accessing or using our Website, you warrant to us that you are over eighteen (18) years old and legally capable of accessing and using our Website in your country of residence.

Our Website is not intended for children or minors under the age of eighteen (18) years without the permission of a parent or guardian. In addition, you must be at least eighteen (18) years of age to make a purchase on our Website.

Availability of Website

If the need arises, we may suspend access to our Website or close it, or any part of it, indefinitely and without further notice to you or any third party.

Website Content

Unless otherwise specified, all content and materials published on our Website are presented solely for your private, personal and non-commercial use.

Information posted on our Website, commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

Whilst every effort is made to ensure that our Website is accurate and up to date, we do not warrant, nor do we accept any liability or responsibility for the completeness or accuracy of the content, or for any loss which may arise from reliance on the information contained in our Website.

Our Intellectual Property

We are the proprietor and/or licensee of the “FitFlop” trade and brand name, trade mark and get-up in. Unless otherwise expressly stated, copyright and any other rights contained in our Website, including but not limited to all images, software, design, text, sound recordings, logos, artwork, look, feel and get up of our Website, devices, screen shots, copyrighted designs or other brand features, branding, trademarks, selection, arrangement, product names, copyright and all other intellectual property rights in all material or content supplied as part of our Website and coordination of such content on our Website (”Copyright Material”) and other content on our Website, is owned by FitFlop Limited or licensed by or to FitFlop Limited from third parties.

No permission is given by FitFlop in respect of the use of any Copyright Material and such use may constitute an infringement of the holder’s rights.

For further information, see our Intellectual Property Policy.

Personal Information About You and Your Visit to Our Website

We process information about you in accordance with our Privacy Policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

Content Provided by You

All material, including but not limited to reviews, feedback, stories, photographs, artwork, images, which you contribute to our Website (“Contribution”) and any interactive services associated with it is subject to our Acceptable Use Policy. By using our Website and making any Contribution, you agree to be bound by our Intellectual Property Policy.

Competitions

From time to time, we may conduct competitions on our Website. Such competitions and your entry into them shall be subject to the Competition Rules.

Our Website Changes Regularly

We shall be entitled to change, alter, modify or withdraw our Website (including any applicable terms and conditions and the documents referred to in them) at anytime without notice. We shall not be liable to you or any third party for any such change, alteration, modification or withdrawal of our Website. Your continued use of our Website following such change shall be deemed your acceptance of such change to our Website. If you do not agree to or accept any change to our Website, (including any applicable terms and conditions), please stop using our Website immediately.

If you place an order for Products through our Website, you will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation as set out in our Conditions of Supply. In such event, we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products.

Exclusion of Liability

We shall be liable to you in respect of the use of our Website and any of the materials, information, content, Products and services on it only insofar as is stated in these terms and conditions. In particular, or liability to you shall be limited in accordance with our Exclusion of Liability Statement.

Legal Restrictions

By offering material, content, information, Products or services via our Website, no solicitation is made by us to any person to use such material, content, information, Products or services in any jurisdiction where the provision of such material, content, information, Products or services may be prohibited by law. In listing your place of residence and address in our applicable form or subscription, you are representing to us that you are entitled to use our Website and the material, content, information, Products or services on our Website without restriction by the laws of your residence or applicable jurisdiction. This is a representation on which we rely prior to granting you access to our Website and use of our material, content, information, Products or services.

Compliance with Laws

We have used our best endeavours to ensure that our Website complies with the laws of England and Wales. However, we make no representations that the material, content, information, Products or services on our Website are appropriate or available for use in locations outside the United Kingdom. Those who visit our Website from other locations do so on their own initiative and are responsible for compliance with all applicable laws. If use of our Website and/or viewing of it, or use of any material, content, information, Products or services offered through our Website are contrary to, or infringe on, any applicable law in your jurisdiction(s), you are not authorised to view or use our Website and you must exit immediately.

If making any of our Products or any part of our Website available in your jurisdiction or to you (by reason of nationality, residence or otherwise) is prohibited, access and/or those Products are not offered for sale to you. You accept that if you live outside the United Kingdom, you must satisfy yourself that you are lawfully able to access and/or purchase our Products.

Severability

If any of these terms and conditions or any provisions of a contract concluded under these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Written Communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices

All notices given by you to us must be given to FitFlop Limited at FitFlop@kyi.com.tw. We may give notice to you at either the e-mail or postal address you provide to us. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Transfer of Rights and Obligations

Any contract between you and us concluded under the terms of these terms and conditions, including a contract for the sale of Products to you, is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of any contract, or any of our rights or obligations arising under it, at any time during the term of any contract.

Events Outside of Our Control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions, including any contract between you and us concluded under the terms of these terms and conditions, such as but not limited to a contract for the sale of Products to you, that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under any contract may be performed despite the Force Majeure Event.

Entire Agreement

These terms and conditions including the document referred to in them (as amended from time to time) constitutes the entire agreement between us and you in relation to use of our Website and supersedes all previous agreements in respect of your use of our Website.

Waiver

If we fail, at any time during the term of any contract between you and us concluded under the terms of these terms and conditions, such as but not limited to a contract for the sale of Products to you, to insist upon strict performance of any of your obligations under that contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract or these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Notice section of these terms and conditions.

Governing Law

The terms and conditions of our Website as well as any contract in respect of a transaction carried out through our Website are governed by English law. Any dispute, which cannot be resolved between us, shall be subject to the exclusive jurisdiction of the courts of England and Wales.

ACCEPTABLE USE

This policy sets out certain terms between you and us under which you may access our Website and use it as a shopping resource or participate in or use the services or resources provided.

Content Standards

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any of your Contribution as well as to its whole.

Contributions must: be accurate (where they state facts); be genuinely held (where they state opinions); comply with applicable law in the UK and in any country from which they are posted; Contributions must not: contain any material which is defamatory of any person; contain any material which is obscene, offensive, hateful or inflammatory; promote sexually explicit material or promote violence; be used to impersonate any person, or to misrepresent your identity or affiliation with any person; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; infringe any copyright, database right or trade mark of any other person; be likely to deceive any person; advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse; be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; promote any illegal activity; be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety; be likely to harass, upset, embarrass, alarm or annoy any other person; give the impression that they emanate from us, if this is not the case.

Prohibited Uses

You may use our Website only for lawful purposes.

You may not use our Website: in any way that breaches any applicable local, national or international law or regulation; in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; for the purpose of harming or attempting to harm minors in any way; to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards including as set out in this document or the provisions of these terms and conditions; to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

You warrant that your Contribution complies with the terms and conditions of our Website and indemnify us for any breach of this warranty.

Ownership of Your Contribution

If you are making a Contribution, please note that we reserve the right not to publish your contribution on our Website (We will not post swears, spam or other unsuitable content).

By making a Contribution:
1. you agree that we have the right to use, copy, distribute, edit, shorten, publish and disclose to third parties your Contribution for any purpose, including but not limited to for advertising and promotional purposes in our information and/or marketing materials;
2. you warrant that you own all copyright and other rights including but not limited to intellectual property rights and image rights, in your Contribution;
3. you are agreeing and acknowledging that our use of the Contribution will not constitute infringement of any of your rights, including, without limitation, copyright, defamation, privacy, publicity rights, or those rights of any third party;
4.you agree that, if requested, you will sign or will procure that any third party will sign any documents necessary to transfer the copyright or any other rights in the Contribution to us; and
5. you release us from any and all claims, liabilities, responsibilities, or damages arising from using, copying, distributing, editing, shortening, publishing, disclosing and/or transmitting the Contribution.

Your Contribution shall be considered non-confidential and non-proprietary. We have the right to disclose to any third party which is claiming that any Contribution to our Website constitutes a violation of their intellectual property rights

Your Account With Us

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.

If you choose, or are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party. You agree to accept responsibility for all activities that occur under your account or password.

You should inform us immediately if you have any reason to believe that your password or any other breach of security regarding our Website that comes to your attention has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if in our opinion you have hailed to comply with the provisions of the terms and conditions of our Website.

Links to Other Websites

Users of our Website may have access to other sites in order to provide information, access to Products or value to users. Where we provide such links to other websites or resources, we do so for you to access at your sole discretion.

We do not accept any responsibility for the content of any external websites which we link to or which may link to our Website. We do not have any control over external websites, and you are solely responsible for complying with the terms of those sites.

Accordingly, you acknowledge and agree that access to any external or linked websites shall be at your sole risk. By accessing such external linked websites, you accept and undertake to us that you have chosen to enter website at your sole discretion and risk. You accept and acknowledge that we shall do not directly or indirectly recommend or endorse the contents of such websites. We shall not under any circumstances be responsible for the availability of such external sites or resources.

By accessing such linked external websites, you will be subject to their data protection and privacy policies or practices and other site content. We shall have no liability whatsoever for any loss, offence or damage suffered or resulting from any use of such sites or in connection with your use of any external linked website, including in respect of any reliance placed by you on any comments, representations, marketing or advertising materials, Products, services or other materials. If you wish to link to our Website, please contact FitFlop@kyi.com.tw.

Interference with Our Website

You must not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other Internet connected device.

You must not knowingly transmit any data send or upload 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.

Anyone misusing our Website by knowingly introducing viruses, trojans, worms, logic bombs, time-bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful, or attacking our Website via a denial-of-service attack or a distributed denial-of service attack, or attempting to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to any Website commits a criminal offence under the Computer Misuse Act 1990. We will report this to the relevant law enforcement authorities and will co-operate with those authorities by disclosing the entrant’s identity to them. In addition, such an entrant breaches civil law and we reserve the right to seek damages and costs (including but not limited to, legal fees) from any such person to the fullest extent permitted by law.

Interactive Services

We may from time to time provide interactive services on our Website, including, without limitation: chat rooms; bulletin boards; user comment functionalities; Product or service review facilities; and any other interactive services on our Website (“Interactive Services”).

We are under no obligation to oversee, monitor or moderate any Interactive Service we provide on our Website, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a user in contravention of our content standards, whether the service is moderated or not.

Suspension and Termination

We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of our Website. When a breach of this Policy has occurred, we may take such action as we deem appropriate, including but not limited to: immediate, temporary or permanent withdrawal of your right to use our Website; immediate, temporary or permanent removal of any posting or material uploaded by you to our Website; issue of a warning to you; legal proceedings against you.

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LIABILITY

We will not be responsible or liable to you for any damage caused by or loss of any content or material uploaded or transmitted through our Website including in particular any third party content or comments, photos, Product reviews, endorsements, opinions, comments or other testimonials or any other specific online user activities. You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any content or material uploaded or transmitted by you through our Website (including comments, photos, Product reviews, endorsements, opinions, testimonials) or any non-compliance with or breach of the terms of this disclaimer by you or any other liabilities arising out of your use of our Website, or the use by any other person accessing our Website using your shopping account and/or your personal data and information.

The exclusions and limitations in this Statement apply only to the extent permitted by law and none of your statutory rights as a consumer (if applicable) that cannot be excluded or limited are affected. Nothing in this Statement affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Using our Website

We will do our best to ensure that all material and information published on our Website is accurate, but please note that all content, material and information on our Website is provided on an ‘as is’ basis and you assume total responsibility and risk for your use of our Website and use of all information contained within it. The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy.

Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

FitFlop makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information, third party content or material and related graphics published in our Website. The information contained in our Website may contain technical inaccuracies or typographical errors. All liability of FitFlop Limited howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law. Every effort is made by FitFlop to verify and substantiate any claims made by FitFlop on our Website. Many Product claims can also be substantiated by relevant trials, patent applications, research and other evidence. The Products offered or promoted on our Website are not medical Products. Notwithstanding any third party content or promotional or marketing material, the Products may produce different results for different for different users.

The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and

2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including:

(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
(h) whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

Acceptable Use

We exclude liability for actions taken in response to breaches of our Acceptable Use Policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our Website and is compatible with our Website. Please be aware that we cannot and do not guarantee or warrant that any material available for downloading from our Website will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.

Privacy Policy

Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

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INTELLECTUAL PROPERTY POLICY

By accessing our Website, you acknowledge and agree that all Copyright Material shall at all times remain our proprietary property and/or shall at all times be vested in us or our related entities or third party licensors.

Using Our Copyright Material

You are permitted to access and use the Copyright Material on our Website for your own personal reference and non-commercial use and for placing an order with us. However, you may not: modify; copy; reproduce; republish; upload; post; transmit; or distribute, by any means or in any manner, any material or information on or downloaded from our Website including but not limited to: text; graphics; vide; messages; code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire. Our status (and that of any identified contributors) as the authors of the Copyright Material must always be acknowledged.

Any unauthorised use of our Website is strictly prohibited and constitutes a breach of our or our licensors’ intellectual property rights.

Requests to Use Copyright Material

Our Website may incorporate third party content and we would be unable to grant permission for you to use any such third party content. Please contact the appropriate third party for permission to use their content.

If you are seeking permission to use any Copyright Material other than as expressly permitted by this copyright notice, please contact our legal department (email: FitFlop@kyi.com.tw) and we will request relevant information to allow us to review the request. If your request is approved, that approval will be subject to specified terms set out in such grant and you may be required to execute a licence or other agreement prior to use of such Copyright Material.

Intellectual Property in your Contribution

Your intellectual property rights in your Contribution are subject to our Acceptable Use Policy.

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