TERMS AND CONDITIONS OF USE
OF
SPOTTEDSOX .COM

1. ACCEPTANCE OF TERMS

   Your access to and use of SPOTTEDSOX.COM ("the Website") is subject exclusively to these Terms and Conditions, which take effect immediately. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

2. ADVICE

   The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

3. CHANGES TO WEBSITE

   SPOTTEDSOX.COM reserves the right to:

   • 3.1	change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that SPOTTEDSOX.COM shall not be liable to you for any such change or removal; and

   • 3.2

     change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change. If you do not agree to the changes, you should cease using the website. If there is any conflict between these terms and local terms appearing elsewhere on spottedsox.com then the latter shall prevail.

4. LINKS TO THIRD PARTY WEBSITES

   The Spotted Sox Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites by Spotted Sox and you acknowledge and agree that we are not responsible for the content or availability of any such sites. Any use of such sites by you is at your own risk.

5. COPYRIGHT AND INTELLECTUAL PROPERTY

   • 5.1

     All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the SpottedSox.com and all its content (including without limitation the Website design, text, graphics, all software and source codes and all applications connected with the Website) are owned by or licensed to SPOTTEDSOX.COM or otherwise used by SPOTTEDSOX.COM as permitted by law.

   • 5.2

     The names, images and logos identifying SpottedSox or third parties and their products and services are subject to copyright, design rights and trade marks of CGSS and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of CGSS or any other third party.

   • 5.3

     Copyright in any contribution you may make to our website or software will remain with you and any permission granted by you is not exclusive, so you can continue to use the material in any way including allowing others to use it. If you do not wish to grant Spotted Sox the permission set out in these terms then please do not submit or share your contribution to or with Spotted Sox or SpottedSox.com.

   • 5.4

     In order that Spotted Sox can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe on any UK laws, that you have the right to give SpottedSox permission to use it for the porposes specified above, and that you have the consent of anyone who is identifiable in your contribution.

   • 5.5

     We normally show your name with your contribution, unless you request otherwise, but for operational reasons this is not always possible. Spotted Sox may need to contact you with regard to your contribution for administrative or vefification purposes in relation to your contribution. Details of when and how we may contact you is contained in the Spotted Sox Privacy Policy.

   • 5.6	All the text, graphics, photos, software and technical products featured on the Spotted Sox website are Copyright © 1994-2007 CGSS unless otherwise indicated and acknowledged with the contributors name. ALL RIGHTS RESERVED.

   • 5.7

     In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, republished, disassembled, decompiled, reverse engineered, transmitted, stored, sold, posted, broadcasted, distributed or made available to the public without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only. You also agree not to adapt, alter or create a derivative work from spottedsox.com except for your own personal, non-commercial use. You must not violate, plagiarise or infringe the rights of Spotted Sox or third parties including copyright, trademark, trade secrets, privacy, publicity or personal and proprietary rights.

6. DISCLAIMERS AND LIMITATION OF LIABILITY

   • 6.1

     The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

   • 6.2	To the extent permitted by law, SPOTTEDSOX.COM will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

   • 6.3

     SPOTTEDSOX.COM makes no warranty that the functionality (timeliness, completeness or performance or any content) of the Website or it’s contents will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output. Spotted Sox will try to ensure that all content on the website is correct where possible but no responsibility is accepted by or on behalf of Spotted Sox for any errors, omissions or inaccurate content on the website.

   • 6.4	Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Spottedsox.com for death or personal injury caused by its proven negligence as a result of SpottedSox.com or that of its employees or agents.

   • 6.5

     Spotted Sox are not liable for any injuries or deaths resulting from the use of any of the recipes provided on our website or from the use of the software. The customer is responsible for checking ingredients in recipes for substances that may cause a known or unknown allergic reaction resulting in death or injury. Any use of the recipes is completely at the customers’ own risk.

   • 6.6

     Spotted Sox and/or CGSS shall not be liable for any of the following losses or damage (whether damage or losses were forseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising form the use of spottedsox.com regardless of the form of action.

7. INDEMNITY

   You agree to indemnify and hold SPOTTEDSOX.COM and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against SPOTTEDSOX.COM arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

8. SEVERANCE

   If any of these Terms and Conditions should be determined to be invalid, illegal or otherwise unenforceable for any reason of the laws of any state or country in which these terms are intended to be effective then to the extent and within the jurisdiction which that Term is illegal, invalid or unenforceable, such Term or Condition shall be severed and deleted from these terms and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable. The failure or delay of Spotted Sox to exercise or enforce any right in these terms does not waive Spotted Sox’s right to enforce that right.

9. PRIVACY POLICY

   Any personal information supplied to SpottedSox.com as part of this registration process and/or any other interaction with SpottedSox.com will be collected, stored and used in accordance with the Spotted Sox privacy policy.

10. GOVERNING LAW

    These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

TERMS AND CONDITIONS OF SALE
OF
SPOTTED SOX Lifestyle And Technical Products

1. DEFINITIONS

   • 1.1	"Buyer" means the individual or organisation who buys or agrees to buy the Goods from the Seller;

   • 1.2	"Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;

   • 1.3	"Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;

   • 1.4	"Goods" means the articles that the Buyer agrees to buy from the Seller;

   • 1.5	"Seller" means SPOTTED SOX of Suite 586, 24-28 St Leonards Road, Windsor, Berkshire SL4 3BB, United Kingdom that owns and operates Spotted Sox.

   • 1.6	"Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;

   • 1.7	"Website" means SPOTTED SOX.

2. CONDITIONS

   • 2.1	Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.

   • 2.2	These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.

   • 2.3	Acceptance of downloading of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.

   • 2.4	Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

   • 2.5	Any complaints should be addressed to the Seller stated in clause 1.5 by email to complaints@spottedsox.com.

3. ORDERING

   • 3.1	All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller. The Seller may choose not to accept an order for any reason.

   • 3.2	When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described in the HOW TO BUY website page.

4. PRICE AND PAYMENT

   • 4.1	The price of the Goods shall be that stipulated on the Website. The price is INCLUSIVE of VAT.

   • 4.2	The total purchase price, including VAT will be displayed in the Buyer’s shopping cart prior to confirming the order.

   • 4.3	After the order is received the Seller shall confirm by email to the email address given by the Buyer at the time the order was placed with the details, description and price for the Goods together with information on the right to cancel if the Buyer is a Consumer.

   • 4.4	Payment of the price including VAT must be made in full before the Goods (software licence(s)) are received to upgrade to a full working version.

5. RIGHTS OF SELLER

   • 5.1	The Seller reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Seller shall make every effort to ensure prices are correct at the point at which the Buyer places an order.

   • 5.2	The Seller reserves the right to withdraw any Goods from the Website at any time.

   • 5.3	The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.

6. AGE OF CONSENT

   • 6.1	Where Goods may only be purchased by persons of a certain age the Buyer will be asked when placing an order to declare that they are of the appropriate legal age to purchase the Goods.

   • 6.2	If the Seller discovers that the Buyer is not legally entitled to order certain Goods, the Seller shall be entitled to cancel the order immediately, without notice.

7. DELIVERY

   • 7.1	There will be no delivery of Goods (software) to the Buyer as the Goods (software licence) will be emailed to the email address given by the Buyer at the time the order was placed and downloadable immediately from the website upon full payment of the Goods.

   • 7.2	Title in the Goods shall not pass to the Buyer until payment of the price has been made in full.

8. DELIVERY

   • 8.1	Activation codes are supplied as the license to use our software.

   • 8.2	Activation codes are issued for use on a single machine and must be requested via the Internet from the machine on which the software will be used.

   • 8.3	Activation codes remain valid only whilst used on the machine for which they were issued.

   • 8.4	If a customer requires to move the software to a different machine then they must request a new Activation code in writing from Spotted Sox at our registered office address.

   • 8.5	Activation codes will only be re-issued up to three times per license.

9. CANCELLATION AND RETURN

   • 9.1

     The Buyer can download the freeware version of the Goods (software) and use the Goods (software) for any length of time before deciding to purchase the Goods (software) and update to the full working version. A refund may be received if the Goods (software) were erroneously purchased for a MAC, Vista PC or Unix system and any payments made by the Buyer shall be refunded in full within 28 days.

   • 9.2	Where a claim of defect is made upon downloading of the licence file for the Goods (software), the Seller will send a licence cancellation and the Buyer shall be entitled to a replacement or a full refund if the Goods (software) are in fact proved to be defective.

   • 9.3

     If you are a consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing the Seller by e-mail to info@spottedsox.com within 7 working days of receipt of the Goods. NB. The right to cancel does not apply once the licence file had been invoked by converting the freeware software to the full version.

10. GIFT VOUCHERS

    • 10.1	The Seller will dispatch Gift vouchers within 3 working days of acceptance of purchase order. Payment must be made in full before dispatch of the vouchers. The Gift vouchers will then be delivered to the email address given by the Buyer at the time the order was placed.

    • 10.2	The Buyer must notify the Seller of any discrepancy in a delivery as soon as possible but in any event within 3 days of the delivery of the vouchers.

    • 10.3	Risk of loss, destruction or damage to the vouchers remains with the Seller until delivery to the Buyer’s e-mail address provided by the buyer at the time of purchase where upon risk shall pass to the Buyer.

    • 10.4

      Gift vouchers may be exchanged for a software licence file at SpottedSox.com. Vouchers cannot be redeemed for cash in part or whole. Vouchers are not sold on a sale or return basis and no return will be permitted unless it can be demonstrated that the Seller has been in error in fulfilling the Buyer's order. The vouchers will no longer be valid once they have been exchanged for a software licence.

    • 10.5	Gift vouchers are valid for 6 months from the date of purchase and cannot be renewed once they have expired. Vouchers cannot be replaced if lost or damaged.

11. LIMITATION OF LIABILITY

    • 11.1

      Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.

    • 11.2	Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees.

12. WAIVER

    No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.

13. FORCE MAJEURE

    The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.

14. SEVERANCE

    If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.

15. CHANGES TO TERMS AND CONDITIONS

    The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.

16. GOVERNING LAW AND JURISDICTION

    These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

SPOTTED SOX PRIVACY POLICY

1. SPOTTED SOX is committed to protecting your privacy and maintaining the security of any personal information received from you. We strictly adhere to the requirements of the data protection legislation in the UK.

   The purpose of this statement is to explain to you what personal information we collect and how we may use it.

2. We will keep your information confidential except where disclosure is required or permitted by law (for example to government bodies and law enforcement agencies) or if you post or send offensive, inappropriate or objectionable content anywhere on or to SpottedSox.com, or engage in any disruptive behaviour on SpottedSox.com. In these cases Spotted Sox may use your personal information to stop such behaviour.

3. Where Spotted Sox reasonably believes you are in breach of any laws of England (e.g. because any content may be defamatory), Spotted Sox may use your personal information to inform relevant third parties such as a law enforcement agency about the content and your behaviour.

4. When you register and purchase our Goods (software), we need to know your “Title, First Name, Last Name, Telephone number, Email Address and Billing Address”. This allows us to process and fulfil your order and for payment and billing purposes. You have the option to withhold personal information that is not required for the order process.

5. We will contact you if we have a problem with your payment or are unclear about any of your order details. We may need to contact you for administration or verification processes in relation to any contribution that you have made in relation to particular projects or a submission you have made to the website that includes any content you have provided. We may also contact you in regard to any questions you may have submitted for clarification.

6. If wish to be contacted about FUTURE VERSIONS and NEW PRODUCTS please e-mail us at info@spottedsox.com and we will add you to this form of marketing.

7. We do not sell, rent or exchange your personal information with any third party for commercial reasons, beyond the essential requirement for credit/debit card validation during purchase.

8. We follow strict security procedures in the storage and disclosure of information that you have given us, to prevent unauthorised access in accordance with the UK data protection legislation.

9. We will hold your personal information on our systems for as long as is necessary for the relevant service, or as long as is set out in any relevant contract you may hold with Spotted Sox or our retention schedule (a database that that defines which documents should be kept and for how long).

10. We do not collect sensitive information about you except when you specifically knowingly provide it. In order to maintain the accuracy of our database, you can check, update or remove your personal details by e-mailing a request to us at dataprotection@spottedsox.com.

11. We do not store or have access to the details that you supply during payment and all details you submit are done so using a secure session between your computer and Worldpay.

12. We may use a technology called "cookies" as part of a normal business procedure to track patterns of behaviour of visitors to our site. A cookie is an element of data that our Website sends to your browser and is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings. Each browser is different so check the “Help” menu of your browser to learn how to change your cookie preferences.

13. We may contain hyperlinks to websites owned and operated by third parties. These third party websites have their own privacy policies, including cookies, and we urge you to review them. They will govern the use of personal information you submit or are collected by cookies whilst visiting these websites. We do not accept any responsibility or liability for the privacy practices of such third party websites and your use of such websites is at your own risk.

14. In order to process credit/debit card transactions, the bank or card processing agency may require to verify your personal details for authorisation outside the EEA (European Economic Area). Your information will not be transferred outside the EEA for any other purpose.

15. If you are aged 16 or under, please get your parent/guardian’s permission beforehand whenever you provide personal information to Spotted Sox’s website. Users without this consent are not allowed to provide us with personal information.

16. This privacy policy may be updated from time to time so you may wish to check it each time you submit personal information to any website of Spotted Sox.

17. If you have any questions about privacy please contact us at dataprotection@spottedsox.com

18. If you have any further queries please do not hesitate to contact us at info@spottedsox.com