IMPORTANT NOTE: As well as reading the following Terms and Conditions, you should also refer to the terms and conditions of each third party retailer you choose to purchase from before making any order.
Our services are operated by FINDDESIGN LTD, trading as “FindDesign” (referred to in these Terms as “we”, “us”, “our”, and “FindDesign”). We are a company incorporated in England and Wales under company number 10338237 and registered office address 52A High Street Pembury Tunbridge Wells Kent TN2 4NU.
To contact us please refer to the Contact Us page at www.finddesign.co.uk/contact-us
About our Terms and Conditions
- Content – any linked pages or blogs, features, information, text, graphics, photos, images, video, audio or other multimedia content, lists of items compiled by you, comments, reviews, links, or other materials uploaded, downloaded or appearing on, or linked to the Services, or applications offered by FindDesign in connection therewith.
- Services – FindDesign’s websites, mobile applications and other platforms FindDesign owns or controls and makes available to you.
- FindDesign Partner – any third party retailer selling their products through FindDesign.
- You, Yours – the person or entity accessing or using these Services or Content.
Using the Services
- You are solely responsible for your use of the Services, for any content you post to the Services, and for any consequences thereof. You may access and use the Services only for your own personal use.
- You may use the Services only if you are at least 13 years of age. We do not knowingly market or sell products for purchase by children. You may only buy items through FindDesign if you are legally capable of forming a binding contract with FindDesign (or if you are under 18 years old, but over 13 years old, with the consent and involvement of a parent or guardian) and are able to abide by and comply with the Terms, and are not a person barred from receiving the Services under the laws of the United States, United Kingdom or any other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you open an account on behalf of a company, organisation, or other entity, then: “you” includes you and that entity; and you represent and warrant that you are authorised on behalf of that entity to bind the entity to these Terms; and you agree to these Terms on the entity’s behalf.
- The Services that FindDesign provides may evolve and the form and nature of the Services that FindDesign provides may change without prior notice to you. In addition, FindDesign may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. FindDesign retains the right to create limits on use and storage at its sole discretion at any time without prior notice or any liability to you.
- The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by FindDesign on the Services are subject to change. In consideration for FindDesign granting you access to and use of the Services, you agree that FindDesign and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
- If FindDesign allows for the posting of content to the Services, the Content you submit, post, or display on the Services will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under the Terms.
Accessing the Services
- Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason the Services are unavailable at any time or for any period. We reserve the right to modify, restrict access or terminate access to the Services at any time.
- From time to time, we may restrict access to some or all parts of our Services. You are responsible for making all arrangements necessary for you to have access to Services. You are also responsible for ensuring that all persons who access Services through your internet connection are aware of these Terms, and that they comply with them.
Purchasing through FindDesign
FindDesign does not sell products; FindDesign provides a platform through which its users can purchase products from a large range of FindDesign Partners.
- When you purchase products through FindDesign, you are purchasing directly from the relevant FindDesign Partner and the terms and conditions of the FindDesign Partner (including regarding fulfilment procedures, returns policies and complaints) will apply to the relevant purchase. We strongly recommend that prior to making any purchase through FindDesign, you review the terms and conditions of sale of the relevant FindDesign Partner which will be available on their website.
- Please note that FindDesign is not responsible for any issues related to the products (and related services) you purchase from FindDesign Partners. Responsibility for those products (including quality and fulfilment of your order) rests solely with the relevant FindDesign Partner. Please contact the relevant FindDesign Partner directly if you have any issues or complaints with any products purchased from them.
Once you have chosen shoes you wish to purchase through FindDesign, you will either be directed to the website of the relevant FindDesign Partner to complete your purchase. If your purchase is made directly from the website of the FindDesign Partner, they will ask you to provide personal details (such as your name, address and payment card details) needed for the purposes of completing the purchase and delivery of your order. FindDesign is not responsible for the security of personal details you disclose to a FindDesign Partner and that information will be stored and processed in accordance with the relevant FindDesign Partner’s terms and conditions.
- Your Rights
- FindDesign gives you a personal, worldwide, royalty-free, revocable, non-sub-licensable, non-assignable and non-exclusive licence to use the Services (which will include future updates made available to you from time to time provided that you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to the Terms. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by FindDesign, in the manner permitted by the Terms.
- The rights in the Services are licensed, not sold to you. Except to the extent permitted by applicable law, you may not copy, reproduce, republish, disassemble, decompile, reverse engineer, adapt, alter, edit, re-position, rebrand, change, distribute, lend, hire, sub-license, rent, make a derivative work from the software in the Services.
All right (including copyright, trademarks and other intellectual property rights), title, and interest in and to the Services and the Content (excluding Content provided by users of the Services) including but not limited to all information, data, text, maps, graphics, the “look and feel”, logos, icons, trade marks, images, video clips, sound clips, editorial content, notices, data compilations, page layout, selection or arrangement of the contents of the Services, and the underlying code and software in the Services are and will remain the exclusive property of FindDesign and its licensors. The Services are protected by copyright, trade mark, and other laws and treaties around the world. All such rights in the Services, Content (excluding Content, if any, provided by users of the Services) and related material are reserved.
- FindDesign is a registered trademark of FINDDESIGN LTD. Both the trade mark and the FindDesign logo are owned by us and cannot be used without our prior written consent. Nothing in the Terms gives you a right to use the FindDesign name or any of the FindDesign trade marks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding FindDesign, or the Services is entirely voluntary and FindDesign will be free to use such feedback, comments or suggestions as it sees fit and without any obligation to you.
- You may print off one copy, and may download extracts, of any page(s) from our Services for your personal reference and you may draw the attention of others within your organisation to material posted on our Services. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- You must not copy any part of the Content, with a view to creating or compiling any form of collection, compilation, directory or database unless we provide you with our prior express written consent to do so. If you copy or download any part of the Services or Content in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Restrictions on use
You shall not use the Services:
- in any way that violates any local, national or other laws or regulations or any order of a court in any relevant jurisdiction;
- for any purpose that is not permitted by these Terms;
- in any way that infringes the rights of any person or entity, including their copyright, trade mark or other intellectual property rights, or other privacy or contractual rights;
- to distribute advertisements of any kind or post or otherwise communicate any false or misleading material or message of any kind;
- in any way that intentionally or unintentionally harasses, annoys, threatens or intimidates any other user;
- in any way that promotes or incites, whether intentionally or unintentionally, racism, bigotry, hatred or physical harm of any kind;
- in any way that is abusive, defamatory, inaccurate, obscene, offensive, objectionable or sexually explicit;
- to post photographs or images of another person without his/her permission (and if a minor, the permission of the minor’s legal guardian);
- to promote illegal or unlawful activities or in any way which may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm, distress or inconvenience to any person;
- to access, tamper with, cause damage to, or use non-public areas of the Services, FindDesign’s computer systems, servers or equipment or the technical delivery systems of FindDesign’s providers
- to access or attempt to access any data of other users of the Services or to penetrate any of the security measures relating to the Services, or to probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- in any way that intentionally or unintentionally deceives, defrauds or swindles any other user;
- to introduce any malware, virus or other harmful software program that intentionally or unintentionally damages or interferes with the operation of the Services, including but not limited to cancelbots, denial of service attacks, time-bombs, worms, Trojan horses, viruses or any other maleficent software or hardware;
- interfere with, or disrupt, (or attempt to do so), the access of any user, host or network including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
- to copy, modify, or distribute any other users’ Content without their consent;
- for commercial purposes other than as expressly permitted in these Terms;
- to bypass measures used to prevent or restrict access to the Services;
- to solicit or provide unlawful services;
- to harvest or otherwise collect information about others without their consent;
- to gain unauthorised access to the Services, the server on which the Services is stored or any server, computer or database connected to the Services;
- to forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- to scrape, crawl or spider or otherwise use the Services or any Content for phishing, spamming, trolling or any unauthorised (commercial) purpose; or
- to promote or support or solicit involvement in any political platform or cause, religion (recognised as organised or unorganised), cult or sect of any kind.
FindDesign reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. FindDesign also reserves the right to access, read, preserve, or disclose any information as it reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or; (v) protect the rights, property or safety of FindDesign, its users and the public.
Except as permitted through the Services (or these Terms), you have to use the FindDesign API if you want to reproduce, modify, create derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Content or Services.
While we will do what we can to protect the security of your Content and account, we cannot guarantee that unauthorised third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorised use of your account.
Linking to our Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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 from any website that is not owned by you.
- FindDesign’s website(s) must not be framed on any other site, nor may you create a link to any part of any of our website other than the home page. We reserve the right to withdraw linking permission without notice.
Accuracy and Availability of Services
- Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an “as is” and “as available” basis.
- Without limiting the foregoing, FindDesign and its partners disclaim to the maximum extent permitted by law any warranties, representations (other than fraudulent misrepresentation), guarantees or conditions, whether express or implied.
- FindDesign makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, functionality, compatibility, freedom from defects, timeliness, security, performance, availability, or reliability of the Services or any Content. FindDesign will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content.
- You also agree that FindDesign has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. FindDesign makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from FindDesign or through the Services, will create any warranty not expressly made herein.
- We do not provide any warranty or representation that the Services are free from infection by viruses or anything else that has contaminating or destructive properties. You use the Services at your own discretion and risk and you will be solely responsible for any damage to your computer, mobile device or network that results from your use of the Services. We will not be liable to you for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any Content posted on it, or on any website or application linked to it.
- We are not liable to you for any inability to access the Services at any time, for any reason (including but not limited to any planned or unplanned downtime, or any outages on networks (including mobile networks) or when you are not in an area supported by mobile coverage).
Limitation of Liability
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FINDDESIGN AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY:
- (i) LOSS OF PROFITS, SALES OR CONTRACTS;
- (ii) LOSS OF INCOME OR REVENUE,
- (iii) LOSS OF BUSINESS OPPORTUNITY OR GOODWILL OR REPUTATION;
- (iv) LOSS OR CORRUPTION OF DATA OR INFORMATION;
- (v) LOSS OF ANTICIPATED SAVINGS;
- (vi) WASTED MANAGEMENT OR OFFICE TIME; OR
- (vii) ANY INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITATIVE DAMAGES,
ARISING FROM OR IN ANY WAY CONNECTED TO:
- (i) YOUR ACCESS TO OR USE OF THE SERVICES;
- (ii) YOUR DELAY IN USING, OR INABILITY TO ACCESS OR USE THE SERVICES;
- (iii) THE FULFILMENT OF YOUR ORDERS FROM OUR FINDDESIGN PARTNERS ONCE YOU HAVE PLACED AN ORDER THROUGH FINDDESIGN, INCLUDING BUT NOT LIMITED TO THE DELIVERY, EXCHANGE, RETURN OR REFUND OF ITEMS YOU HAVE PURCHASED FROM FINDDESIGN PARTNERS;
- (iv) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
- (v) USE OF ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THE SERVICES; OR
- (vi) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,
WHETHER BASED ON WARRANTY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGES.
NOTWITHSTANDING THE EXCLUSIONS SET OUT IN THESE TERMS, IF WE ARE FOUND TO BE LIABLE TO YOU, OUR TOTAL AGGREGATE LIABILITY TO YOU (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY IN STATUE OR OTHERWISE) FOR ALL AND ANY DAMAGES, LOSSES OR CAUSES OF ACTION ARISING, BY REASON OR IN CONNECTION WITH YOUR USE OF THE SERVICES, SHALL BE LIMITED TO £100.
NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER OR LIMIT OR EXCLUDE OUR LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY OUR NEGLIGENCE OR FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER LAW.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.
THIS SECTION OF THE TERMS IS IMPORTANT AND YOU SHOULD READ IT CAREFULLY.
You are responsible, and assume liability, for all Content that you add, or link to, the Services. You agree not to hold us responsible for things other users say or do through the Services. If you have a dispute with another user, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.
YOU SHALL INDEMNIFY US AND KEEP US FULLY INDEMNIFIED ON DEMAND FROM AND AGAINST ALL LIABILITIES, COSTS, EXPENSES, DAMAGES AND LOSSES, LEGAL COSTS (CALCULATED ON A FULL INDEMNITY BASIS) AND ALL OTHER REASONABLE PROFESSIONAL COSTS (INCLUDING COSTS OF DEFENCE OF CLAIMS, SUITS OR PROCEEDINGS BROUGHT BY THIRD PARTIES)) AND EXPENSES SUFFERED OR INCURRED BY US ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, THE CONTENT, YOUR BREACH OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF THESE TERMS AND/OR AS A RESULT OF YOUR VIOLATION OF ANY APPLICABLE LAWS OR REGULATIONS.
We reserve the unconditional right to suspend, withdraw, terminate, amend or restrict access to some parts of the Services, or to the Services entirely, to you at any time immediately without notice for any reason, including (without limitation) in circumstances where;
- (i) we have reasonable grounds to suspect unauthorised or fraudulent use of the Services;
- (ii) we reasonably suspect that you have not complied with these Terms; or
- (iii) we reasonably suspect a breach of confidentiality or infringement of our intellectual property rights by you or a third party;
and to the maximum extent permitted by the law, we expressly exclude all relevant conditions, warranties of any kind (either express or implied) and other terms which might otherwise be implied by statute, common law or the law of equity in relation to any liability that you may claim we owe to you in respect of such suspension, withdrawal or amendment.
On termination of these Terms (for whatever reason) all licences and rights granted to you in relation to the Services shall immediately come to an end.
Waiver And Severability
The failure of FindDesign to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Events beyond our Control
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
Rights of Third Parties
No one other than a party to these terms and conditions has any right to enforce any of these terms and conditions.
Governing Law And Jurisdiction
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to or your use of the Services. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
These Terms are the entire and exclusive agreement between FindDesign and you regarding the Services (excluding any services for which you have a separate agreement with FindDesign that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between FindDesign and you regarding the Services. Other than members of the group of companies of which FindDesign is the parent, no other person or company will be third party beneficiaries to the Terms.
You acknowledge that you have not, in agreeing to these Terms, relied on any representation, warranty or undertaking not expressly incorporated in them.
If any provision of these Terms is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
If a dispute arises between you and us, we strongly encourage you to first contact us directly to seek a resolution via e-mail at email@example.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Any failure by us to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
The Services licensed personally to you and you may not assign, license, sub-license or transfer any right or obligation of these Terms to any third party.
We may transfer any of our rights or obligations under these Terms to any third party but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honour your rights under them.
Nothing in these Terms shall be deemed to constitute a partnership between the parties nor constitute either party the agent or employee of the other for any purpose.
FindDesign may revise these Terms from time to time, the most current version will always be at www.finddesign.co.uk/tc. If the revision, in FindDesign’s sole discretion, is material FindDesign will notify you via an e-mail to the email associated with your account. By continuing to access or the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by FINDDESIGN Ltd., 52A High Street Pembury, Tunbridge Wells, Kent, TN2 4NU, UK. If you have any questions about these Terms, please contact us.