Terms and Conditions of Use
WELCOME TO THE WEBSITE OF FRESH KICKS.
This Site is owned and operated by Fresh Kicks CC in conjunction with third parties. In order to use certain portions of the Site, you may be required to register at websites of third parties or download third-party software, tools, code, or other content. Your access to and use of any third-party software, functionality and content shall be subject to the terms and conditions provided by that third party and you agree to comply with those terms and conditions.
Changes to the Terms
Fresh Kicks reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes.
Use and registration for the Site is void where prohibited. Access to and use of the Site may be prohibited in certain countries. The Site is available only to people who can form legally binding agreements under applicable law. The Site is considered to be a general audience site and is not intended for use by children. Children accessing the Site should get the permission and assistance of a parent or guardian to use the Site. By using the Site, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will update and maintain the accuracy of that information; and (c) your use of the Site does not violate any applicable law or regulation in the jurisdiction in which you are accessing the Site.
If your device does not support relevant technology, including, but not limited to, certain encryption technology, you may not be able to use certain services or access certain information provided on or accessible through the Site, including the Portal.
Establishing an Account/Profile
In order to purchase products or services from the Site or to access or use certain features on the Site, you may be required to establish and use a profile or account. When you register for an account or establish a profile, you may be asked to create a user ID and choose a password. You are responsible for keeping your user ID and password secret and confidential and restricting access to that information. You agree that you are solely responsible for all activities that occur using your user ID and password.
Ownership and Permitted Use of Site
All of the content contained in, available through, featured or displayed on the Site (including the Portal), including, but not limited to, information, communications, text, graphics, photographs, images, sounds, moving images, video, illustrations, code and other materials ("Content") is owned by Fresh Kicks, or its parent or affiliate entities, its licensors or its content providers. The Content is protected by copyright, trademark, and other laws and international treaty provisions and may not be used except as permitted in these Terms and Conditions or with the prior express written consent of Fresh Kicks. Any unauthorized use by you of any Content may subject you to civil or criminal penalties.
Except as otherwise expressly stated in specific terms or documents within the Site, you are authorized to view, display, print and download Content and individual pages from the Site for personal, informational, and non-commercial use only (provided that you retain all copyright and other proprietary notices contained on those pages). You may not modify any of the Content posted on the Site and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. For purposes of these Terms and Conditions, the use of any Content on any other website or networked computer environment is prohibited. Except for this limited license, Fresh Kicks does not convey to you any right or interest in the Site, Content or information available through the Site or software application by permitting you to access the Site. You may not remove any copyright, trademark, or other proprietary notices from Content found on the Site.
In the event you download software (including, but not limited to, screensavers, icons, videos or wallpaper) from the Site, the software, including, any files, images incorporated in or generated by the software, and data accompanying the software are licensed to you by Fresh Kicks or its third-party licensor. Fresh Kicks does not transfer any title to the software to you. You may own the medium on which the software is recorded, but Fresh Kicks or its third-party licensors retain full and complete title to the software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to human-readable form.
All trademarks, service marks, trade names, logos, trade dress, icons and domain names (collectively "Marks") located on this Site are the property of Fresh Kicks, its parent or affiliate entities, their respective licensors or other third parties. You may not use, copy, reproduce, republish, transmit, distribute, or modify the Marks of Fresh Kicks or its parent or affiliate entities in any way, without Fresh Kicks' prior express written consent. The use of any of the Marks on any other website or network computer environment, for example the storage or reproduction of the Site (or any part of) in any external internet site is prohibited, without the express written consent of Fresh Kicks. Certain other trademarks, service marks, and logos provided on the Site are the trademarks or service marks of a third party and may not be used, copied or reproduced without the permission of the owner.
User Generated Content
Content, information, photographs, suggestions, questions, comments, communications, opinions and other materials published or posted by users accessing the Site (including, but not limited to, on community pages, message boards, chat rooms or other forums) (collectively "User Generated Content") are solely the opinion and responsibility of the person posting that User Generated Content. Fresh Kicks does not endorse and has no control over the User Generated Content posted by users on the Site. Fresh Kicks does not review User Generated Content prior to posting it on the Site and that content does not necessarily reflect the opinions or policies of Fresh Kicks. Fresh Kicks shall have the right, but no obligation, to review and monitor User Generated Content to determine compliance with these Terms and Conditions or any other operating rules established by Fresh Kicks for this Site or to determine compliance with any laws or regulations. Fresh Kicks only acts as a passive conduit for the distribution of User Generated Content and is not responsible or liable for any of the User Generated Content, communications and other materials generated by you or any other users.
Fresh Kicks reserves the right, but has no obligation, to reject, refuse to post, edit, alter or remove any posting of User Generated Content (including messages and comments posted to the Site). You agree to notify Fresh Kicks in writing of any objectionable content appearing on the Site. Fresh Kicks will make good faith efforts to investigate allegations that User Generated Content violates these Terms and Conditions. Fresh Kicks reserves the right, but has no obligation, to suspend or terminate user accounts or user IDs and to take technical and legal steps to prohibit access to the Site if we think that those users are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of these Terms and Conditions or our policies. Fresh Kicks reserves the right to cancel unconfirmed user accounts. Fresh Kicks’ decisions to reject, refuse to post, edit or remove User Generated Content or to terminate user accounts or user IDs are final. Any use by you of any User Generated Content is at your own risk. YOU ACKNOWLEDGE AND AGREE THAT FRESH KICKS IS NOT RESPONSIBLE FOR ANY CONTENT, INCLUDING, USER GENERATED CONTENT, THAT PURPORTS TO GIVE ADVICE, INCLUDING MEDICAL ADVICE, REGARDING DIET, TRAINING, FITNESS OR EXERCISE OR THE USE OF ANY PRODUCTS OR SERVICES.
By displaying, publishing or posting User Generated Content, directly or indirectly, on or through the Site, you hereby grant to Fresh Kicks, its parent and affiliate entities and those acting at their direction, a perpetual, irrevocable, royalty-free, worldwide license and right to use, modify, reproduce, publicly perform, publicly display, distribute and create derivative works from that material for any commercial and non-commercial purposes in any media, now known or hereafter created, as Fresh Kicks may determine, in its sole discretion, without the need for any acknowledgment or compensation.
By submitting User Generated Content, you consent to the posting by Fresh Kicks of that User Generated Content on the Site and further agree to abide by all rules of etiquette established for the Site (incorporated herein by this reference). You acknowledge that as part of the Site, User Generated Content may be viewed by others, and, therefore, you have no expectation of privacy or confidentiality with respect to that content. You further acknowledge that your name and content made available via the Site may be accessed, viewed, printed and downloaded by others. You agree that Fresh Kicks is not required to submit to you any materials that include User Generated Content submitted by you for review or approval prior to use by Fresh Kicks on the Site or otherwise, and you hereby waive any right to inspect or approve those materials. Fresh Kicks reserves the right to modify any content, in whole or in part, for any reason, and you waive any and all "moral rights" in and to any User Generated Content submitted by you.
By submitting User Generated Content, you represent and warrant that the content is your own original work and has not been published or distributed by any other person or entity, in any form and does not infringe or violate the copyright, trademark, trade secret or other personal or privacy rights of any person or entity. If the content includes images and photographs of persons in addition to yourself, you represent and warrant that you have obtained the permission from each person in that image or photograph to submit the content for use by Fresh Kicks on the Site as set forth in these terms and conditions. You understand that you and any other persons that are included in any of your content may be requested by Fresh Kicks to sign documents acknowledging agreement to these Terms and Conditions.
You are prohibited from using the Site to post or transmit any material which is or may be infringing, threatening, false, misleading, inflammatory, libelous, defamatory, invasive of privacy, obscene, vulgar, profane, pornographic, harassing, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or that may otherwise give rise to civil liability or violate any law. You are further prohibited from using the Site to impersonate another person, user or Fresh Kicks staff, employee, or representative, imply that any statements you make are endorsed by Fresh Kicks, or post or transmit any material that could damage or disparage Fresh Kicks or any of its affiliate entities in any manner. You are also prohibited from using the Site to advertise or perform any commercial solicitation.
You may not, while accessing or using the Site. request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person's account; disguise the origin of any communications; alter, modify, frame, or "mirror" any Content; create a deep-link to our Site by by-passing our Site's homepage; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Site; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Site or interrupt any user's experience on the Site, including, but not limited to, acting in any manner that disrupts users' real-time exchanges; interfere with or disrupt the Site, or servers or network connections to the Site, disobey any requirements, procedures, policies or regulations of networks connected to the Site; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; or attempt to gain unauthorized access to the Site (or any portion thereof).
Availability of Products, Services, Features and Content
All features, Content, and products and services available on or through the Site, including, but not limited to, prices of products and services, are subject to change at any time without notice. In addition, any feature, Content, product or service may be discontinued at any time in our sole discretion. The inclusion of any features, Content, products or services on this Site at a particular time does not imply or warrant that these products or services will continue to be available. FRESH KICKS RESERVES THE RIGHT TO SUSPEND OR WITHDRAW THE SITE, OR ANY PART OF IT, AT ANY TIME, WITHOUT NOTICE, WITHOUT INCURRING ANY LIABILITY.
Accuracy of Information
Fresh Kicks takes reasonable efforts to ensure that Content on this Site provided by Fresh Kicks is complete, accurate and current. Despite Fresh Kicks’ efforts, however, the information on this Site may occasionally be inaccurate, incomplete or out of date. Weights, measures, product descriptions, recommendations, commentary regarding products and similar descriptions are provided for convenience purposes only and may be approximations. Fresh Kicks makes reasonable efforts to accurately display the attributes of our products and services available for purchase, including the applicable colours; however, the actual colour you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colours. Products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While it is the practice of Fresh Kicks to confirm orders by telephone or by e-mail, the receipt of an e-mail order confirmation does not constitute acceptance of an order or confirmation of an offer to sell a product or service. Fresh Kicks reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. Fresh Kicks also may require verification of information prior to the acceptance and/or shipment of any order.
When we make it possible to order products via the Site, please also read the terms and conditions that will apply to those purchases. You can find these terms and conditions on the page where you place your order. Additional policies regarding orders are found in the Customer Service page. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any service or product purchased from this Site.
Applicability of Additional Terms and Conditions
Additional or different terms and conditions ("Other Terms") may apply in connection with certain features (e.g. community pages, testimonials, sweepstakes or contest entries). If applicable, these Other Terms will be set forth (i) where you are permitted to submit Content, access or use features, or purchase products and services, or (ii) in a link adjacent to where you are permitted to submit Content, access features, or purchase products and services. These Other Terms are incorporated into and made a part of these Terms and Conditions by reference. In the event Other Terms conflict with these Terms and Conditions, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.
Disclaimer of Warranties
THE SITE AND ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND FRESH KICKS, ITS SUBSIDIARIES AND AFFILIATES, LICENSORS AND SUPPLIERS, DISCLAIM ALL SUCH WARRANTIES, TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITE IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE.
FRESH KICKS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT, INFORMATION AND/OR FEATURES CONTAINED ON THE SITE ARE ACCURATE, COMPLETE OR CURRENT; THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; THAT ANY DEFECTS ON THE SITE WILL BE CORRECTED OR THAT THE SITE OR SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. FRESH KICKS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT ON THE SITE IN TERMS OF CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, AND IN EACH CASE, THOSE WARRANTIES ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY, AS PROVIDED ON THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FRESH KICKS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE.
Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER FRESH KICKS, ITS SUBSIDIARIES OR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, DIRECTORS OR AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE CONTENT OR FEATURES ON THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE CONTENT ON THE SITE OR THE PERFORMANCE OF THE PRODUCTS (WHETHER BASED ON CONTRACT, TORT OR STRICT LIABILITY) EVEN IF FRESH KICKS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. YOUR SOLE REMEDY AGAINST FRESH KICKS FOR ANY DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE.
Fresh Kicks will not be liable if your use of Content from any portion of the Site (including the Portal) results in the need for servicing, repair, or correction of equipment or data, and you assume any costs related to the foregoing.
You agree to indemnify, defend and hold harmless Fresh Kicks, its parent and affiliate entities, and their respective employees, directors, officers and agents from and against any and all claims, damages and costs, including reasonable lawyers' fees and related expenses, arising from or related to any use by you of the Site or Content, your provision or use of any User Generated Content, any breach by you of these Terms and Conditions or any claim that you have violated a user's privacy rights by posting, collecting or using Content about other users of the Site.
Links to Third Parties
How You Can Contact Us
If you have any questions, comments or complaints about the Site or any of our services, please contact Fresh Kicks Customer Service by email at email@example.com
Software and other materials from the Site may be subject to applicable export control laws that prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported (a) into any other country to which the Republic of South Africa has embargoed goods. Fresh Kicks does not authorize the use, downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by applicable export laws and regulations.
Applicable Law and Jurisdiction
To the fullest extent permitted by law, these Terms and Conditions shall be governed by the laws of the Republic of South Africa (excluding its conflicts of laws principals), and you agree to submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa You agree that any claim or cause of action arising out of or related to your use of the Site must be filed within one year after such claim or cause of action arose. If any portion of these Terms and Conditions become void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect. If any provision of these Terms and Conditions shall be found to be unenforceable, the other provisions shall still remain in full force and effect. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Last revised September 2016