Footies Limited Website

Terms of Use

july 2019

FOOTIES LIMITED (a registered company in England and Wales under Company No. 11813892) and its affiliates (“FOOTIES LIMITED”, “we”, “our”) welcome you (the “User(s)”, or “you”) to our primary website at (the “Site”). Each of the Site’s Users may use the Site in accordance with the terms and conditions hereunder.

FOOTIES LIMITED note that these terms (together with the terms of our Privacy Policy (collectively, the “Terms”) govern solely the use of the Site.

1.

Acceptance of the Terms

By entering, connecting to, accessing or using the Site, you acknowledge that you have read and understood the following terms of use and the terms of our Privacy Policy (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site. If you do not agree to
these terms, you must not enter, connect to, access or use the Site, Content in any manner.

The Site is available only to individuals who: (a) are at least eighteen (18) years old; and (b) possess the legal capacity to enter into these Terms (on behalf of themselves and
their organization, as applicable) and to form a binding agreement under any applicable law. You hereby represent that you possess the legal authority to enter into these Terms
(and where you have specified, your organization’s behalf) and to form a binding agreement under any applicable law, to use the Site in accordance with these Terms, and
to fully perform your obligations hereunder.

2.

The Site and Content

The Site provides, inter-alia, information regarding FOOTIES LIMITED services, concept, company overview, partners, resources library, news regarding our company, information regarding using FOOTIES LIMITED, user account information, job opportunities and so forth, and other content related thereto such as contact information, videos, text, files, logos, button icons, images, data compilations, links, other specialized content, technical data, documentation, know-how, specifications materials, designs, data, the ‘look and feel’ of the Site, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other information and features obtained from or through the Site or from email and newsletters sent from FOOTIES LIMITED if you signed up to a mailing list from the Site (collectively, the “Content”).
The Content is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make
reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
Our Site may not be used by anyone in Iran, Democratic People’s Republic of Korea (North Korea), Syria, Somalia, Sudan (North), Cuba, Crimea, Zimbabwe, Lebanon or Gaza. FOOTIES LIMITED services not available to people in these jurisdictions.

Note bell

Note

Use of our Site is currently free of charge. However, we reserve the right to charge fees for certain features or services available via our Site in the future.

3.

Account safety

If you choose to register an Account, you will need to provide certain personal information including your name, email address, and country.

If you choose or you 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. You must not disclose it to any third party.

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 reasonable opinion you have failed to comply
with any of the provisions of these Terms of use.

If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us at support@footies.com .

4.

Use of the Site

We are the owner or the licensee of all intellectual property rights in our Site and our Content, and in the material published on it.

Your use of the Site and Content is subject to a limited license, as follows. Failure to comply with any of the provisions set forth herein may result (at FOOTIES LIMITED sole
discretion) in the immediate termination of your right to use of the Site, Content, any other Services we provide to you, and/or your account and may also expose you to civil and/or
criminal liability.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organization to
content posted on our site. You must not otherwise reproduce, or modify the Content in any way.

Unless otherwise explicitly permitted under these Terms or in writing by FOOTIES LIMITED, you may not (and you may not permit anyone to): (a) use the Site, the Content
and/or your account for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site, the Content and/or your account for non-personal or commercial purposes;
(c) remove or disassociate, from the Content and/or the Site any restrictions and signs indicating proprietary rights of FOOTIES LIMITED or its licensors, including but not limited
to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate other users’ rights to privacy and other rights, or harvest or collect personally identifiable information about the users of the Site without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information and or data manipulation; (e) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or
otherwise misrepresent your affiliation with any person or entity, or express or imply that FOOTIES LIMITED endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site ; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our site infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Site and or to your account; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by FOOTIES LIMITED on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine  with other software, translate, modify or create derivative works of any Content or other material that is subject to FOOTIES LIMITED’s proprietary rights, including FOOTIES LIMITED’s Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content on any other site or networked computer environment for any purpose without FOOTIES LIMITED’s prior written consent; (l) create a browser or border environment around FOOTIES LIMITED Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Site, Content and/or your account; (n) frame or mirror any part of the Site without FOOTIES LIMITED’s prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Site; (p) transmit or otherwise make available in connection with the Site any virus, worm, Trojan horse, logic bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Site for any purpose for which the Site is not intended; and/or (r) infringe and/or violate any of the Terms.

5.

Minors

The Site is only for users over the age of eighteen (18). We reserve the right to request proof of age at any stage, even if an account was already approved by FOOTIES LIMITED. In the event that it comes to our knowledge that a person under the age of eighteen (18) is using the Site, we will prohibit and block such user from accessing the Site and will make all efforts to promptly delete any Personal Information (as such term is defined in our Privacy Policy) with regard to such user.

 

Contacting us via the Site

You can contact us at support@footies.com Please note that in order to communicate with us, you may be required to provide additional information, such as phone number, country of residence, company/organization name, the user’s position in the company/organization and full name.

6.

Privacy Policy

Our Privacy Policy at www.footies.com/ sets out how we process your personal data where we are acting as a data controller. You confirm that you have read, understood and acknowledged how we use your personal data as set out in the Privacy Policy.

7.

Intellectual Property Rights

Intellectual Property means patents, rights to inventions, copyrights (including rights in computer software), trademarks, goodwill and the right to sue for passing off, design rights, database rights, rights in undisclosed or confidential information (such as knowhow, trade secrets and inventions (whether patentable or not), and all other intellectual property or similar proprietary rights which subsist anywhere in the world. The Intellectual Property rights in and to the Site, the Content are owned by and/or licensed to FOOTIES LIMITED. All rights not expressly granted to you hereunder are reserved by FOOTIES LIMITED and its licensors.

The Terms do not convey to you an interest in or to the FOOTIES LIMITED’s Intellectual Property but only a limited, revocable right of use in accordance with the Terms. Nothing in the Terms constitutes a waiver of FOOTIES LIMITED’s Intellectual Property under any law.

To the extent you submit any content to the Site, or otherwise supply such to FOOTIES LIMITED (“User Content”), FOOTIES LIMITED shall have an non-exclusive, royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the User Content into any FOOTIES LIMITED current or future products, technologies or services and use same for any purpose all without further compensation to you and without your approval. You agree that all such User Content shall be deemed to be non-confidential. If such User Content is confidential, do not submit it to the Site. Further, you warrant that your User Content is not subject to any license terms that would require FOOTIES LIMITED to comply with any additional obligations with respect to any FOOTIES LIMITED current or future products, technologies or services that incorporate any User Content.

8.

Trademarks and Trade names

FOOTIES LIMITED’s marks and logos and all other proprietary identifiers used by FOOTIES LIMITED in connection with the Site (“FOOTIES LIMITED Trade Marks”) are all trademarks and/or trade names of FOOTIES LIMITED, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). No right, license, or interest to FOOTIES LIMITED’s Trade Marks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.

9.

Linking to FOOTIES LIMITED Site and links to Third Party Sites

You are free to establish a hypertext link to Site so long as it is in a way that is fair and legal, the link does not state or imply any connection or approval by FOOTIES LIMITED of your website, products and/or services, and does not portray FOOTIES LIMITED in a false or otherwise offensive manner. You may not link to our Site from a site that you do not own or have permission to use. In the event that you link to FOOTIES LIMITED’s Site you represent that your site does not contain content that is unlawful, offensive or infringing third party rights. We do not permit framing or inline linking. We reserve the right to withdraw linking permission without notice.

Certain links provided herein permit our users to leave this Site and enter non-FOOTIES LIMITED sites or services. Those linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of FOOTIES LIMITED and it is not responsible for the availability of such external sites or services, and does not endorse or approve and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, FOOTIES LIMITED is not responsible or liable for such linked sites and services’ privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. FOOTIES LIMITED reserves the right to terminate any link at any time. You further acknowledge and agree that FOOTIES LIMITED shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.

10.

Availability

The Site’s availability and functionality depends on various factors, such as communication networks. FOOTIES LIMITED does not warrant or guarantee that the Site will operate and/or be available at all times without disruption or interruption, or that it will be immune from unauthorized access or error-free.

11.

Changes to The Site

FOOTIES LIMITED reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently this Site (or any part thereof, including but not limited to the Content) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that FOOTIES LIMITED shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site or the Content included therein. You hereby agree that FOOTIES LIMITED is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.

12.

Liability

Whether you are a consumer or a business user:

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you. Please refer to the specific terms and conditions of services which apply to you.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or Content on it.

• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (a) use of, or inability to use, our site; or (b) use of or reliance on any content displayed on our site. In particular, we will not be liable for: (i) loss of profits, sales, business, or revenue; (ii) business interruption; (iii) loss of anticipated savings; (iv) loss of business opportunity, goodwill or reputation; or (v) any indirect or consequential loss or damage.

If you are a consumer user:

• Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

• We will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

All Content on the Site is provided on an “as is” basis and to the maximum extent possible under law, we do not make any representation or give any warranty in respect of the Site or its Content, including that (i) that the use and operation of the Site and/or the Content is or will be secure, timely, accurate, complete, uninterrupted, without errors, or free of bugs, viruses, defects, worms, other harmful components or other program limitations; (ii) that we will correct any errors or defects in or on the Site, and/or (iii) make any representation regarding the use, inability to use or operate, or the results of the use of the Site and/or content available thereon or through the Site (including that the results of using the Site will meet your requirements). To the maximum extent possible under law, FOOTIES LIMITED and FOOTIES LIMITED’s representatives disclaim all warranties and conditions with regard to the use of the Site, including but not limited to the availability, reliability or the quality of the Site, and are not and shall not be responsible for any error, fault or mistake related to any Content and/or information displayed within the Site. You are responsible for configuring your information technology, computer program to access our site. You should use your own virus protection software. We are not responsible for any consequences to you or others that may result from technical problems (including without limitation in connection with the internet such as slow connections, traffic congestion, overload of servers, online data delays, any delays or interruptions) or any telecommunications or internet providers. You hereby acknowledge and agree that you may be charged for internet, maintenance of network connection and data usage charges made through use of the Site, according to the applicable rates charged by your respective third party Internet and data usage service provider as may be from time to time. Inasmuch as some jurisdictions do not allow the exclusions or limitations as set forth herein, the full extent of the above exclusions and limitations may not apply.

13.

Indemnification

You agree to defend, indemnify and hold harmless FOOTIES LIMITED, including FOOTIES LIMITED representatives from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to legal fees) arising from: (a) misuse of the Site and/or Content; (b) your violation of any of these Terms; (c) your violation of any third party rights, including without limitation any Intellectual Property rights or privacy right of such third party, in connection with your use of the Site; and (d) your violation of any local and or international law/s, regulations, authorities investigations/ information requests, false information and declarations.

You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval.

14.

Amendments to the Terms

FOOTIES LIMITED may, at its sole discretion, change the Terms from time to time, including any other policies incorporated thereto, so please re-visit this page frequently. In case of any material change, we will make reasonable efforts to post a clear notice on the Site and/or will send you an e-mail (to the extent that you provided us with such email address) regarding such change. All changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

15.

Termination of these Terms and the Termination of the Site's operation

FOOTIES LIMITED may without notice suspend, restrict or terminate your access to the Site and FOOTIES LIMITED services and/or deactivate or cancel your account with immediate effect if (a) you violate these Terms or you engage in any conduct that we, in our sole and absolute discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of us, any other user of the Site or FOOTIES LIMITED’s services, or any third party; (b) we are, in our reasonable opinion, required to do so by applicable law or any court or other authority to which we are subject in any jurisdiction; (c) we suspect money laundering, terrorist financing, fraud, or any other financial crime. This is in addition to any other remedies that may be available to FOOTIES LIMITED under any applicable law.

Additionally, FOOTIES LIMITED may at any time, at its sole discretion, cease the operation of the Site or any part thereof, temporarily or permanently, delete any information or Content from the Site or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, Content or features therein without giving any prior notice. You agree and acknowledge that FOOTIES LIMITED does not assume any responsibility with respect to, or in connection with the termination of the Site’s operation and loss of any data. The provisions of these Terms are that, by their nature and content, must survive the termination of these Terms of Use in order to achieve the fundamental purposes of these Terms shall so survive.

Without limiting the generality of the forgoing, the Intellectual Property, Limitation of Liability, Indemnification and General sections will survive the termination of the Terms.

16.

General

(a) To the extent permitted by law, these Terms constitute the entire terms and conditions between you and FOOTIES LIMITED relating to access to the Site and Content herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and FOOTIES LIMITED; (b) any claim relating to the Site or the use thereof will be governed by and interpreted in accordance with the laws of the United Kingdom without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied; (c) any dispute arising out of or related to the Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of United Kingdom; (d) these Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto; (e) no waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof; (f) if any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein; (g) you may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification; (h) nobody else has any rights under this contract. This contract is between you and us. No other person shall have any  rights to enforce any of its terms; (i) the parties agree that all correspondence relating to these Terms shall be written in the English language.

17.

For information, questions or notification of errors, please contact:

If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to support@footies.com.