Bespokeinsoles.com is a trading name owned by Pro-Fit Technologies Ltd.
These Terms and Conditions of Sale and Use (collectively, this "Agreement") apply to all pre-orders, purchases and use of products (each a "Product") manufactured, marketed, distributed and/or sold by Bespoke Insoles. ("Bespoke Insoles") via any website whose domain ends in "Bespoke Insoles.com", third party distributors retained by Bespoke Insoles, or such other websites and mobile applications as made available by Bespoke Insoles, its affiliates, subsidiaries and third party distributors from time to time (the "Site"). In this Agreement, the buyer of any Product via the Site is referred to as "you"; accordingly, if the individual making the purchase is doing so on behalf of a corporation or other legal entity, he or she represents and warrants having the authority to do so and to bind such entity to this Agreement. This Agreement contains important terms that, among other things, affect Bespoke Insoles's liability and your legal remedies against Bespoke Insoles. Please read this Agreement carefully, BEFORE you indicate your acceptance of this Agreement as part of a transaction on the Site. If you check the "I AGREE TO THE TERMS AND CONDITIONS OF SALE AND USE" option as part of the transaction in which this Agreement is presented, you agree to be bound by this entire Agreement including the warranty disclaimers, limitations of liability and methods of resolving disputes.
Price and Order. The total price for the Products you are purchasing will be stated on the confirmation notice displayed at the last step of the ordering transaction before you confirm your purchase, and, upon your acceptance of the confirmation notice as well as all of the terms and conditions of this Agreement, the notice becomes your "Order", an offer to us to purchase such Products on the terms set out therein and this Agreement.
Availability. All Orders are subject to availability. When placing your Order, the confirmation notice will display whether the item is in-stock (an "In-Stock Product"), out-of-stock (an "Out-Of-Stock Product"), or a pre-order (a "Pre-Ordered Product") and may provide an estimated delivery time frame.
Acceptance. Orders submitted by you are not binding upon Bespoke Insoles until the Order is accepted by Bespoke Insoles as indicated by Bespoke Insoles's issuance of a Purchase Invoice (an "Invoice") to you by email for such Order, which email also constitutes Bespoke Insoles's acceptance of your Order.
Merchant. Bespoke Insoles may appoint a merchant of record (the "Merchant"), as indicated in your confirmation notice, as the merchant of record for the transaction. In such a case, the Merchant will accept payment, handle Orders, and handle shipments for and behalf of Bespoke Insoles. Accordingly, your point of contact for dealing with Orders may be the Merchant and not Bespoke Insoles directly; check your Invoice for more details.
Subject to Bespoke Insoles Cancellation. Bespoke Insoles reserves the right to decline to accept your Order, or to cancel an accepted Order after an Invoice, at any time, including, without limitation, in the event there is an error, typographical error, inaccuracy, omission or mistake to the price of any of Bespoke Insoles's Products or Product descriptions, promotions, offers or availability. Prices, specifications and configurations are subject to change without notice. Although Bespoke Insoles makes reasonable efforts to ensure that the Site is current and contain no errors or inaccuracies, Bespoke Insoles makes no representations, warranties or guarantees that the information, content or materials included in the Site will be error-free or completely accurate or current at all times, or at any time. Bespoke Insoles reserves the right at any time in Bespoke Insoles's sole and absolute discretion and without notice to correct any errors, inaccuracies or omissions to the information on the Site.
Taxes, Duties and Extra Charges. Prices advertised on the Site may not include shipping and handling charges or applicable country or region-specific sales, goods or services taxes, which may be added to the price you pay. Calculation of taxes and shipping charges occurs before your Order is submitted and charged to your credit card as part of the total order amount. You are also responsible for any customs duties or any other similar fees associated with your Order.
Currency. All pricing will be noted on your Order and on the Invoice in the appropriate country- or region-specific currency as indicated thereupon. Depending on that currency, your credit card company may apply a conversion rate and additional fees that are outside of Bespoke Insoles's control. Furthermore, if for any reason pursuant to this Agreement you become entitled to a refund, that refund may be converted by your credit card company at a different rate meaning that it may be lesser than, or greater than, the actual amount charged to you by your credit card company, as the case may be.
Bespoke Insoles purchase codes will be valid for use for 1 year from the date of issue (or as otherwise extended by us) after such time it will be invalid. You should redeem the purchase code before the expiry date, after the expiry date unused value will become the property of Bespoke Insoles.
Changes. You may request a change to your Order under any Invoice, provided that the Product has not been released to production by the time of your request. Contact information can be found here. Please note that any such changes may delay other items of your Order, or may delay your Order entirely. Changes to existing Orders are treated as a new Order, subject to acceptance and other procedures generally described in Section 1 above. You will be responsible for any additional charges resulting from any accepted changes to your Order, and if an accepted change would entitle you to a refund, Bespoke Insoles or its Merchant will process such refund within 15 days of the acceptance of the change.
Cancellations and Cancellation Fees. You may request cancellation of any Order (even after an Invoice has been accepted) at any time until the applicable Product(s) has/have shipped. Contact information can be found here.
Return Period. Bespoke Insoles offers a limited 30 day return period for all Products purchased from the Site which are defective (unless the Product Description or Order, as the case may be, indicates otherwise for any particular Product) (the "Return Period").
Requesting an RMA. The Return Period applicable to a Product commences when Bespoke Insoles or its Merchant receives notice from its shipping agent that the applicable Product has been delivered to you. To request a refund, you must, within the Return Period, contact Bespoke Insoles or its Merchant during business hours to request a return merchandise authorization ("RMA"). Bespoke Insoles or its Merchant will send to you a RMA form by email and you must complete the RMA form and return it to Bespoke Insoles or its Merchant by following the instructions contained therewith within 10 days.
Returning the Product. You must return the product to Bespoke Insoles, following the RMA instructions. The Product must be returned with all contents provided to you with the Product when it originally shipped.
Non-Compliant Returns; Restocking Fee. If Bespoke Insoles, in its sole and absolute discretion, determines that the returned Product has not been returned in accordance with this Agreement or is not in original condition (such as, without limiting Bespoke Insoles's discretion, if the package has been opened, there are signs of use or tampering, there are any missing components or it has been damaged) Bespoke Insoles may, in its sole and absolute discretion refuse to accept the return by returning the Product to you, upon which you will not be entitled to any refund.
Processing Refund. Subject to Section 3.d, Bespoke Insoles or its Merchant will refund to you the purchase price for the Product that was actually paid to Bespoke Insoles or its Merchant (for greater certainty, including applicable taxes but excluding shipping costs and any other extra charges for which you are responsible pursuant to the "Extra Charges" section above at Section 1.g) via the same means Bespoke Insoles or its Merchant received your payment in the first instance. Your refund will be processed no later than 15 days of Bespoke Insoles's or its Merchant's receipt of your Product.
Products. Products will generally be shipped to you within approximately five 5 days of the date of the Invoice.
Pre-Ordered Products. When placing an Order for a Pre-Ordered Product, the Order or your Invoice may indicate an estimated shipping time. Pre-Ordered Products will be shipped if and when available. Bespoke Insoles makes no guarantee that any such Products will be shipped at any particular time and the actual date of shipment may change for any reason, including availability of materials, supplier difficulties, changes in specifications, matters beyond Bespoke Insoles's or its Merchant's control, design changes, government approvals or certifications, or any other reason. Bespoke Insoles will update you with its estimate of the shipping date from time to time, and will notify you when the Pre-Ordered Product ships.
Estimates. Any shipping dates or timeframes provided (whether in your Invoice or in this Agreement) are estimates only and subject to change.
Priority. All Products will be shipped in the order in which Invoices have been issued to Bespoke Insoles's customers, including you.
Receipt. The date of shipping does not guarantee the date of receipt; the actual delivery date to you will depend on the shipping method selected and available to you during your Order.
General. Bespoke Insoles will arrange to deliver the Products in your Order to the address you provided in your Order, as noted on the Invoice. Title to the Products, and risk of loss, passes to you upon Bespoke Insoles's delivery of the Product to the carrier you have selected or that was made available to you during your Order.
Delivery Procedure. Bespoke Insoles's carriers will complete delivery of the Product to you at the address you specify in your Order.
Investigations. Bespoke Insoles reserves the right to investigate (or to retain a third party to investigate) any claims or returns on the basis of incorrect delivery procedure and false information. In the unlikely event that your Order arrives with visible damage to the exterior packaging, you may either take delivery or refuse the shipment.
Errors and Damages. You must examine the Product after you receive it. If an Order or shipping error has occurred, or if your Product is damaged (except for latent damage not readily apparent) you must notify Bespoke Insoles of the particulars as soon as possible, but in any event within two (2) days of the carrier's delivery to you (the "Inspection Period"). Any claims made after this time frame will not be honoured and the Product(s) shipped and delivered to you will be deemed to have been delivered and accepted by you, and Bespoke Insoles will not consider any claim for damaged or missing Products outside of this time period.
Return Procedure. If your Product was received in error, or in damaged condition or other than in apparent good order, please contact Bespoke Insoles immediately.
Scope and Period. Bespoke Insoles warrants to you that the Product will be free from defects in materials and workmanship under normal use for 1 year from the original date of purchase by you (the "Warranty Period"). The limited warranty in this Agreement (the "Limited Warranty") is not transferable by you. All subsequent purchasers acquire the Product "as is" without benefit of the Limited Warranty. Where you purchased the Product from Bespoke Insoles's Site or other online vendors the date of purchase is the date of the purchase invoice issued to you by Bespoke Insoles or such online vendors by email. Where you purchased the Product from an authorized reseller at a physical location, the date of purchase is the date of the invoice issued to you at the physical location.
Defects. In the event Bespoke Insoles determines that the Product is defective, Bespoke Insoles may in its discretion: (i) replace the defective Product with a new Product; or (ii) refund to you the purchase price you paid for the Product. SECTION 6(b) IS NOT APPLICABLE TO RESIDENTS OF QUEBEC.
Replacement. Where the Product is replaced during the Warranty Period, except as otherwise prohibited by applicable laws, the warranty for the replaced Product, as applicable, will expire upon the expiration of the original Warranty Period. Any warranty service or support under this Limited Warranty is conditioned upon your return of the Product to Bespoke Insoles. Where there has been a replacement of the Product, the Product, as provided pursuant to this limited warranty, becomes your property and the Product being replaced becomes Bespoke Insoles's property. Where there is a refund, you will return the Product to Bespoke Insoles and such Product becomes Bespoke Insoles's property. Bespoke Insoles may condition a refund or replacement on you returning the product or require you to provide a credit card number, which will be charged only if you fail to return the Product.
Returning the Product. Bespoke Insoles is the provider of this Limited Warranty. Bespoke Insoles's warranty contact information can be found here. You may need to provide a proof of purchase of the Product, in the form of the purchase invoice sent to you by Bespoke Insoles or an invoice from an authorized seller of the Product, to evidence that you are the original purchaser of the Product. In the event you return the Product to Bespoke Insoles outside of the Warranty Period, Bespoke Insoles's standard replacement terms and charges may apply. Bespoke Insoles may limit the Limited Warranty to the country where Bespoke Insoles or its authorized seller sold the Product to you. You may be responsible for shipping, handling, or other costs if you request warranty services not in the country of original purchase.
The remedies in this Agreement are the exclusive remedies provided to you under this Agreement. To the extent permitted by applicable laws, the Limited Warranty in this Agreement is in lieu of all other warranties or conditions, express or implied. EXCEPT AS SET OUT IN THIS LIMITED WARRANTY AND AS PERMITTED BY APPLICABLE LAWS, BESPOKE INSOLES SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THIS AGREEMENT, THE SITE AND ALL PRODUCTS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (A) WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, OR DURABILITY; (B) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT A BESPOKE INSOLES KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); OR (C) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE). WHERE IMPLIED WARRANTIES CANNOT BE DISCLAIMED BY APPLICABLE LAW, SUCH IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. THE LIMITED WARRANTY IN THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
By placing an Order with Bespoke Insoles, you acknowledge that the Product is not intended for persons with: (i) severe foot, ankle, leg, hip or other biomechanical deformities; and/or (ii) circulatory disorders resulting in infections or foot ulcerations. If you have a serious foot, ankle, leg, hip or biomechanical condition, consult your podiatrist or health professional before using. Stop using the Product and consult a health professional if you experience persistent pain, discomfort or swelling.
You also acknowledge that Bespoke Insoles is not a health care provider and the contents of Bespoke Insoles's website, written materials, or product information is not medical advice. Never avoid or delay obtaining medical or health advice from a qualified health professional based upon something you have seen or read in Bespoke Insoles's materials.
YOU ACKNOWLEDGE AND AGREE THAT BESPOKE INSOLES, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS, RESELLERS, AND DISTRIBUTORS (COLLECTIVELY, "BESPOKE INSOLES" IN THIS SECTION 10) WILL IN NO WAY BE LIABLE TO YOU FOR ANY GENERAL, PECUNIARY, NON-PECUNIARY, INDIRECT, ECONOMIC, SPECIAL, COMMERCIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF BUSINESS REVENUE OR EARNINGS, LOST DATA, LOSS OF OPPORTUNITY, DAMAGES CAUSED BY DELAYS OR A FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF PROPERTY, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF SUCH PERSON/ENTITIES IS/ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL BESPOKE INSOLES'S TOTAL LIABILITY TO YOU OR TO ANY THIRD PARTY RELATING TO OR ARISING FROM THIS AGREEMENT OR ANY PRODUCT WITH RESPECT EXCEED THE PURCHASE PRICE OF THE PRODUCT THAT YOU PURCHASED OR THE COST OF REPAIRING OR REPLACING THE PRODUCT, WHICHEVER IS GREATER.
THE LIMITATIONS OF LIABILITY SET OUT IN SECTIONS 10(a) AND 10(b) ABOVE ARE INTENDED TO APPLY AND DO APPLY TO ANY DAMAGES, LOSSES, OR LIABILITY OF ANY TYPE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE) AND EVEN IF BESPOKE INSOLES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 10 APPLY TO THE FULL EXTENT THEY ARE NOT PROHIBITED BY APPLICABLE LAW WITHOUT THE POSSIBILITY OF CONTRACTUAL WAIVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Equivalency. This electronic Agreement and any other materials incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing", and to comply with all statutory, contractual and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
Enurement. These terms and conditions and the rights and duties herein will be binding on and enure to the benefit of you and Bespoke Insoles and their successors and permitted assigns (including your heirs, executors and administrators).
Force Majeure. No Bespoke Insoles entity shall be responsible for a failure to fulfil any obligations pursuant this Agreement or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of God, acts of government, war, riots, strikes and accidents in transportation.
Entire Agreement. This Agreement, together with the Invoice and any other materials expressly referred to herein, constitutes the complete and exclusive statement of all of the terms, conditions, representations and warranties between you and Bespoke Insoles with respect to the purchase and sale of any Product offered by Bespoke Insoles, and supersedes and replaces all other oral and written communications between the parties or otherwise relating to the subject matter of this Agreement.
Amendments. This Agreement will not be and is incapable of being amended or varied, verbally or in writing, unless any such amendment or variation is in writing and signed by both you and a senior officer of Bespoke Insoles in an instrument that expressly refers to this Agreement.
No Implicit Waivers or Novations. The failure by Bespoke Insoles to insist on strict compliance with any provision of this Agreement will not be deemed to be a waiver of such provision, and a waiver of any provision of these terms and conditions at any one time or times will not be deemed to be a waiver for any other time. The failure of Bespoke Insoles to assert its rights in a timely fashion for any of its rights or remedies under these terms and conditions will not be interpreted as a novation or a waiver of any subsequent or continuing breach and will not serve to modify, alter or restrict the right of Bespoke Insoles to assert any rights at any time thereafter.
Severability. Each provision of this Agreement, and part thereof, is declared to be separate, separable and distinct from all other provisions and parts thereof. If any provision or part thereof is determined by a court of competent jurisdiction or other constituted legal authority to be void, unenforceable or unreasonable in whole or in part, it will not be deemed to affect or impair the enforceability or validity of any other promise or provision in this Agreement or any part thereof and the said court or other constituted legal authority will have the authority to limit such promise or provision as it deems proper.
Non-Application. The International Sale of Goods Act and the United Nations Convention on Contracts for the International Sale of Goods, or any other similar legislation of any other jurisdiction that may be excluded by a similar reference, will not apply in any way to this Agreement or to the transactions contemplated by this Agreement.
English Language. The parties have requested and agree that this Agreement and all documents relating thereto be drawn up in English.
Arbitration. All disputes, controversies or claims arising out of or in connection with or in relation to this Agreement or the breach thereof, including any and all disputes, claims or question regarding: (i) the existence, validity, application, interpretation, performance, enforcement or termination of this Agreement; (ii) any dispute or claim arising out of or relating to the negotiation, execution, interpretation, application or performance of this Agreement; or (iii) any dispute or claim arising out of or relating to the design, manufacture, distribution, instruction, warning, performance or use of the Product (collectively, the "Dispute"), will be solely and exclusively referred to, and finally resolved by, binding arbitration pursuant to the provisions of the UK Arbitration Act and any amendments thereto. Such arbitration shall be conducted pursuant to the Domestic Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre then in force (the "Arbitration Rules"). A single arbitrator shall be appointed by agreement of the Parties, or, in default of agreement, such arbitrator will be appointed in accordance with the Arbitration Rules. The arbitration will be governed by the laws of the UK as applicable therein. The arbitration will be held in UK and will be conducted in the English language. The arbitrator shall have jurisdiction to award costs of the arbitration, including attorney's fees and disbursements and arbitrator fees and expenses. Any award and the determination of such arbitrator will be final and binding upon you and Bespoke Insoles. A judgment on the award of the arbitrator may be entered into any court having jurisdiction over the party or parties against whom an award may be issued and each of you and Bespoke Insoles agrees to and hereby waives any defences against the enforceability and execution of any such judgment awarded by the arbitrator as contemplated in this Agreement. Judgment on the award of an arbitrator may be entered by any court having jurisdiction over the person or property of the person against whom enforcement of the judgment is sought. Where arbitration is prohibited by applicable laws, you and Bespoke Insoles hereby agree to the exclusive jurisdiction of the courts of the UK with respect to any Disputes relating to this Agreement.
No Trial by Jury. You hereby waive all rights to a trial by jury with respect to any claims and issues relating to or arising out of this Agreement.
Attornment. You waive: (i) any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and (ii) any statutory or other right pursuant to the laws of the jurisdiction in which the you are resident to have a court case or arbitral hearing relating to this Agreement adjudicated or resolved in that jurisdiction. Any rule of interpretation, law or regulation that provides that the language of a contract will be interpreted against the drafter will not apply to this Agreement. • Updates and Supplementary Terms. This Agreement may be updated or supplemented by Bespoke Insoles from time to time. For Products purchased in specific countries, unique terms may replace or modify this Agreement if so provided with the Product or posted at the Site. All terms that are not changed by these unique country terms (if any) remain unchanged and in effect. How to Contact Bespoke Insoles. Contact instructions can be found here.
In order to submit Content through the Service, you will be asked to provide your contact information, including your name, email address and phone number. You must provide complete and accurate information to Bespoke Insoles through the Service.
Bespoke Insoles may ban a computer or mobile device from accessing the Service and/or terminate a user's access to the Service if, under appropriate circumstances, they are determined by Bespoke Insoles to be an infringer of these Terms of Service.
YOU AGREE THAT YOUR USE OF THE SERVICE AND ALL CONTENT FORMING PART OF OR RELATED TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY USER SUBMISSIONS AND CONTENT, SHALL BE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BESPOKE INSOLES, AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED OR STATUTORY, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, HARDWARE COMPATIBILITY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT. BESPOKE INSOLES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY SITES, APPLICATIONS, PAGES OR SERVICES LINKED TO OR THROUGH THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE SERVICE, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE OR ANY CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, OR (VI) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. BESPOKE INSOLES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR, ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR WEBSITE FEATURES IN ANY SPONSOR MESSAGE, ADVERTISING OR BANNER MESSAGE. BESPOKE INSOLES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDER OF PRODUCTS OR SERVICES.
IN NO EVENT SHALL BESPOKE INSOLES, AND ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF OR ACCESS TO THE SERVICE, INCLUDING WITHOUT LIMITATION RESULTING FROM ANY (I) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN THE SERVICE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE OR ANY CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BESPOKE INSOLES IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT BESPOKE INSOLES SHALL NOT BE LIABLE IN ANY WAY FOR ANY CONTENT INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Service is offered by Bespoke Insoles from its facilities in the UK. Bespoke Insoles makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Bespoke Insoles, and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts and expenses (including but not limited to attorney's fees) arising from: (i) your use of or access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right; or (iv) any claim that your Content submitted through the Service or otherwise to Bespoke Insoles caused damage to a third party. This defence and indemnification obligation will survive these Terms of Service and your use of the Service.
You affirm that you are either older than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bespoke Insoles without restriction.
The Service may use information and data transmission networks operated by third parties to send data, information and Content from a computer or mobile device to Bespoke Insoles's servers, and to serve data, information and Content back to such computer or mobile device. Depending on your wired or wireless data or similar plan with such third party operators, you may incur charges from such third party operators for use of its information and data transmission networks. You are solely responsible for any and all costs, including without limitation wireless and cellular data costs, you may incur as a result of the usage of the Service and/or as a result of data, information and Content submitted or received by your computer or mobile device through the Service.
If there is any dispute between you and Bespoke Insoles about or involving these Terms of Service or the Service, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the UK, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the courts in UK with respect to any claim, proceeding or action relating to or otherwise arising out of these Terms of Service or your access to or use of the Service, howsoever arising, provided always that Bespoke Insoles may seek and obtain injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.
If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Bespoke Insoles's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Bespoke Insoles reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.