Terms & Conditions

 

These terms of your use apply to your use of our website, thesolewomens.co.uk (THE “Website”) and our mobile application (the “App”) (together referred to as the “Sites”).

BY YOUR USE OF OUR WEBSITE OR BY DOWNLOADING OUR APP, YOU CONFIRM THAT YOU ACCEPT THESE TERMS OF USE IN FULL AND THAT YOU AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR WEBSITE OR DOWNLOAD OUR APP.

The Sites are owned and operated by The Sole Womens Limited (“Sole””Us””We”). We are registered in England and Wales under company number 09098756 and have our registered office address at: Ckr House 70 East Hill, Dartford, Kent, DA1 1RZ. Our VAT number is 220675526. We licence you to use our App and/ or our Website, as permitted in these terms of use, which we may amend from time to time. Our privacy policy, available at https://thesolewomens.co.uk/privacy/, will also apply to your use of our Sites.

Every time you wish to use our Sites, please check these terms regularly to ensure that you understand the terms that apply at that time. We may also update and change our Sites including content we link to on our Sites as we see fit.

 

Our Sites

 

WE DO NOT make any sales on the Sites, we provide you only with links to other Third Party websites where you will be able to purchase the products that you are interested in and which we have linked to. We receive affiliate marketing fees from the ‘affiliate’ third party (“Third Party”) websites that we link to, in order that we are able to make our Sites available to you free of charge. By your use of our Sites you agree that that you allow us to track you from the Sites through to the Third Party website where you make a purchase (whether that is of the product you clicked on the Sites or another product entirely) and you accept that we may be paid an affiliate payment in accordance with the Affiliate Payment Terms below and our Privacy and Cookie Policy.

We do not guarantee that our Sites, or any content on our Sites, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all, or any part of, or item upon, our Sites for business or operational reasons. Our Sites may be unavailable from time to time due to mechanical, telecommunication, software, hardware and third-party failures. We cannot predict or control when such downtime may occur nor control the duration of such downtime.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and that they comply with them.

The content on our Sites is provided for general information only. It is not intended to amount to advice on which you should rely. Any claims that are made in respect of any products on the Sites (including shoes) are claims which we have understood are made by the manufacturer, should you have any question about any of them you should contact either the shop selling them, or the manufacturer.

lthough we make reasonable efforts to update the information on our Sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date, or that any product may be available on the relevant third party website we refer to you to. In particular, we are not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors appearing on our Sites.

Please note that this Website contains images of trainers that may vary from the photos we provide of them, or contain elements or attributes which are as yet not be stated. We take no responsibility for any misunderstanding of any standard specification that this may cause.

 

Affiliate Payment System

 

We are able to provide you with the Sites for free because we are provided with certain affiliate payments from those Third Party websites – those affiliate payments tend to be one of three different categories of payment, we are sometimes paid one or by more than one of these – and they tend to take one of the following forms of payment. We may receive a payment each time you click through to one of our affiliates’ websites and purchase a product from their website;

You should be aware that such payments are separate from any payments that we may receive for advertising on our Site, or other additional exposure that we may provide (such as within the emails to our customers), albeit if you do click one of our advertisements and make a purchase we may receive an affiliate payment from that sale, or other sales that you make on that website.

In each case the payment we receive may, or may not, be linked to the product that you originally clicked on our website, we may still receive an affiliate payment if you purchase a different product from the same site.

Any and all data you provide to us (personal or otherwise) will be dealt with in accordance with our Privacy Policy and all data you provide to our affiliates (personal or otherwise) by means of their Third Party websites will be dealt with in accordance with any privacy policy that may apply to the use of those Third Party websites.

The links we provide to Third Party websites should not be interpreted as approval by us of the linked websites or any of the information you may obtain from them. We have no control over the contents of those sites or resources. Purchases that you make from those sites are from those sites and will be on their terms and will not have anything to do with us, for the avoidance of doubt any returns that you would like to make should be to the retailer you purchased the goods.

 

The App System Requirements and Updates

 

Where you are using the App, the ways in which you can use the App and related documentation may also be controlled by the relevant appstore’s rules and policies (which may be Google or Apple) (“Appstore Rules”). In the event of any conflict or inconsistency between these terms of use and the Appstore Rules, the Appstore Rules shall prevail.

The App requires a compatible Apple iPhone, where the minimum OS is iOS 11.0.

We are giving you personally the right to use the App as set out above. You may not otherwise transfer the App to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

From time to time we may automatically update the App and change the service available on the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the services available on the App.

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you. To the extent that we collect and use personal data, please see our privacy policy available at https://thesolewomens.co.uk/privacy/.

 

Licence Restrictions

 

In consideration of your access to and use of the Sites you agree that you will:

  • Comply with all applicable laws in relation to your use of the Sites;
  • Not rent, lease, sub-license, loan, provide, or otherwise make available, the Sites in any form, in whole or in part to any person without prior written consent from us;
  • not copy the Sites, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security or as otherwise set out in these terms;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the Sites nor permit the Sites or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Sites on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Sites nor attempt to do any such things, except to the extent that such actions cannot be prohibited under sections 50B and 296A of the Copyright, Designs and Patents Act 1988.

You must keep your account details safe. If you choose to register on the Sites, by providing us with a username, 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, or allow a third party to access your account.

We have the right to disable any account connected to any username 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 knows your username or password, you must promptly notify us at [email protected]

 

How you may use material on our Sites

 

We are the owner or the licensee of the App and all textual, graphical and other content appearing on the Sites. Those materials are protected by copyright laws and treaties around the world. All such rights are reserved. You have no intellectual property rights in, or to, the Sites or the content on the Sites other than the right to use them in accordance with these terms.

You may view, copy, print and use content contained on our Sites solely for your own personal use and provided that: (1) it is used for informational and non-commercial purposes only; (2) you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way; and (3) you must not use or copy any photographs, video or audio sequences or graphics separate from any accompanying text.

Our status and that of our identified contributors as the authors of content on our Sites must always be acknowledged.

If you print off, copy or download any part of our Sites in breach of these terms of use, your right to use our Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

Linking to Our Website

 

You may link to our Website home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out below.

 

User-Generated Content

 

Our Sites may include information and materials uploaded by other users of Our Sites. This information and these materials have not been verified or approved by us. The views expressed by other users on our Sites do not represent our views or values.

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must ensure that your content:

  • is accurate where it states facts, and genuinely held where it states opinions;
  • complies with the law applicable in England and Wales and in any country from which it is posted;
  • is not defamatory, likely to deceive any person, obscene, threatening, abusive, offensive, hateful or inflammatory;
  • does not promote sexually explicit material, violence, discrimination, illegal activity;
  • does not infringe any intellectual property right of another person;
  • does not breach any legal duty owned to a third party, such as a duty of confidence;
  • does not impersonate any person, or misrepresent your identity or affiliation with any person;
  • does not advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; or
  • does not contain any advertising or promote any services or web links to other sites.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out above.

Should you use our Sites to send any feedback, comments or enquiries, such as ideas, comments, suggestions or questions (“User Content“), such User Content shall be considered to be non-confidential and non-proprietary and You shall retain ownership rights in your content, but you hereby grant us a licence to reproduce, use, store, disclose and distribute and make available to third parties such User Content without limitation.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

You are solely responsible for securing and backing up your content.

Our App may be used in a way to provide you with directions during your journey. In the event that you wish to use that feature of our App, you should not use our App in a way that might distract you while riding.

You should not use any of the other feature on our App, or use our App for any other purpose, while riding.

Sole shall have no responsibility to you or to any third party as a result of your riding in a way which does not comply with any of the provision of this section (Safe Riding).

 

Our responsibility for loss or damage suffered by you

 

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.

We only provide our Sites for domestic and private use. You agree not to use our Sites 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.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, 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.

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

 

Territory

 

We are based in the UK and any and all information on our Sites is provided to you in accordance with the laws and regulations pertaining to the UK market. You may access our Sites internationally, but insofar as you construe any marketing materials on our Sites, it will be on the basis of UK law and jurisdiction.

Please note that when you click through to a Third Party site, you will need to review the terms and conditions of that site and make yourself aware of the jurisdiction within which it is based, your purchase should you make one will be subject to the terms of that site and the local laws. Furthermore please note that some products may not be available in your country due to availability constraints.

Product details may vary from country to country. The specifications shown on our Sites are indicative only, and you should check the product details and specifications on the website that you make any purchase from, as well as ensuring that you carefully consider their purchase terms.

 

Security

 

We do not guarantee that our Sites will be secure or free from bugs or viruses.

You are responsible for configuring your device, information technology, computer programmes and platform to access our Sites. You should use your own virus protection software.

You must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Sites, the server on which our Sites are stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Sites may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

 

Termination

 

If we end your rights to use the Sites:

  • You must stop all activities authorised by these terms, including your use of the Sites;
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
  • We may remotely access your devices and remove the App from them and cease providing you with access to the services available via the App.

 

Applicable Law and Jurisdiction

 

These terms of use, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law and the Site is intended to be used by consumers from the UK. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

 

Alternative Dispute Resolution

 

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact your local Trading Standards Services which can found at https://www.tradingstandards.uk/consumers/support-advice. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform which can be found at https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

To contact us, please email [email protected]