Wear the Walk – Your Revolving Wardrobe Wear the Walk – Your Revolving Wardrobe

Wear the Walk Terms of Service

Updated

Effective Date: 

March 2018

 

The following Terms of Service (“Terms”) between you (“you” or “your”) and Wear The Walk Limited. (“we,” “our,” “us,” or “WTW”) describes the terms and conditions on which you may access and use the WTW website located at wearthewalk.com (the “Site”) and related services including WTW’s product rental and sale services (together with the Site and the WTW Content, as defined below, the “Services”). These Terms also apply to in-store rentals and sales, which are part of the Services. By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms. 

 

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.

 

  1. 1. ABOUT THE SERVICES

 

Introduction

Wear The Walk is a subscription service that rents high end (sustainable) fashion from emerging designers. At Wear the Walk we want to change the way women consume, by encouraging them to adopt a clothing subscription service. Think of it as the Netflix or Spotify of your wardrobe.

 

Modification of the Services or the Terms

WTW may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, WTW will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to WTW upon registration.

 

 

 

  1. 2.RENTAL AND SALE OF PRODUCTS

 

A. General Conditions

 

The Services include the rental and sale of Products. This Section 2(A) sets out terms and conditions that apply to your rental or purchase of any Product.

 

Limits. You acknowledge and agree that we may place limits on the rental or purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals or sales of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns.

 

Delivery. Your Products may be ordered and either collected from our studio address of sent via Royal Mail tracked 48 hour delivery, subject to the additional delivery charge specified on the Site. Otherwise, all deliveries outside of London will be through Royal Mail shipping partners, which may change from time to time at WTW’s discretion. The shipping method used will be at the discretion of WTW.

 

Collections. If you do not pay the amounts you owe to WTW when due, then WTW will need to institute collection procedures. You agree to pay WTW’s costs of collection, including without limitation reasonable legal fees.

 

Communications. You consent to receive communications from us, including email, text messages and calls, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying "STOP" to a text message you receive from us or by emailing orders@wearthewalk.co.uk You acknowledge that opting out of receiving communications may impact your use of the Services."

 

B. Rentals

The following additional conditions apply to the rental of any Product.

 

Rental Fee. The rental fee (“Rental Fee”) for the Product will be the total of the rental fee, and delivery charges listed on the Site for your rental of the Product. When you place your rental order for a Product, you hereby authorize WTW to charge your payment card for the Rental Fee. WTW will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on the Site is an order for the rental of that Product, regardless of how far in advance that Product is reserved. Rental Fees exclude all taxes, fees, customs, duties and levies all of which shall be paid by you directly.

Cancellation Policy. You may cancel your rental order subject to the following cancellation fees and policies: 

  1. If you cancel thirty (30) or more days in advance of the delivery date, there is no cancellation feeand you will receive a full refund issued to the payment card you used for the order.

  2. If you cancel less than thirty (30) days but more than fourteen (14) days in advance of the delivery date, you will not receive any refund, but you will receive a full credit to your WTW account for the Rental Fee associated with the cancelled order. This credit can be applied to any future WTW rental.

  3. If you cancel fourteen (14) or fewer days in advance of the delivery date, you will receive a credit to your WTW account for the Rental Fee associated with the cancelled order, minus a cancellation fee of £9.99.

 

Return Packaging. With delivery of the Product, WTW will provide you with a pre-paid, pre-addressed WTW mailing envelope (as the case may be) as well as instructions for your use in returning the Products to WTW (“Return Packaging”). 

 

Receipt of the Products. Upon delivery, you bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address is highly recommended. In the event that an un-secure shipping address is provided, WTW does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which WTW will not be liable. You will be liable for all such delays and additional delivery fees.

 

Use of the Products. You agree to treat the Products with great care and to use them for their intended purpose only. You are responsible for loss, destruction or damage to the Products due to theft, loss, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance you paid for with your rental of the applicable Product. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Production Cost of the Product. The Production Cost of any product will be equal to one third of the retail price shown for the Product(s) on the Website at the time of purchase or rental. 

 

Return of the Products; Extensions. You agree to return the Products to WTW in the Return Packaging on or before the return date for the Products that are identified in the online invoice for your order. We are not responsible for any personal or other items left in the Products or which are returned to WTW in the Return Packaging. If you believe you have accidentally or otherwise sent us any such items, please contact customer service as soon as possible at www.wearthewalk.co.uk. Our staff may assist in attempting to locate such items at a customer’s request, but are not obligated to and assume no liability for doing so.

 

Late Fees. If you return the Products late or not at all, a late fee of fifty pounds (£50.00) will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to WTW for every day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 200% of the Retail Value (plus the Rental Fee). The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. If you have not returned a Product within twenty (20) days after the return date for the Product, your late return will be considered a non-return and WTW will charge your payment card the maximum late fee set forth in this Section 2(B), less any late fees that you have already paid.

 

Payment of 200% Rental Value WTW will not charge you for more than an amount equal to 200% of the Retail Value plus the Rental Fee, in the aggregate, for any charges arising under this Section 2(B), excluding collection costs. If you pay WTW an amount equal to 200% of the Retail Value under this Section 2(B) and you still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section 2(B).

 

Lost Return Packaging. If you lose the Return Packaging, you will be responsible for returning the item at your own expense by the expected return date, and providing WTW with a tracking number. 

 

Limited Warranties. The following are the limited warranties WTW provides in connection with Product rentals. WTW’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee (excluding delivery charges) as determined by WTW. See Section 7(A) below.

  • Correct Products. Subject to availability, we will deliver the Products you ordered, including the specified size, colour and design, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Products may appear different in colour and style than as displayed on the Site.

  • Clean and Ready to Wear. The Products will be professionally cleaned and delivered ready to wear. WTW dry cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and WTW shall not be held liable for any health-related complaints associated with any Product.

  • Sizing Returns. If your Product does not fit you, then you may return the Product to WTW within 24 hours (excluding Sundays and holidays) of the date you received the Product by contacting WTW at caterina@wearthewalk.co.uk  or phone 07979397928 and returning the Product in conformance with the return procedures above (a “Sizing Return”). WTW will then issue you a credit for the full Rental Fee (less delivery charges) of the Product for a future rental by you of our Products, so long as the Product, in our sole discretion, has not been worn.

 

C. Sales

The following additional conditions apply to the sale of any Product.

 

Products are Used; All Sales are Final and “As Is.” You acknowledge and agree that only those Products designated by us on the Site as available for purchase are eligible for purchase by you. EXCEPT FOR INTIMATES, SHAPEWEAR AND BEAUTY PRODUCTS, THE PRODUCTS FOR SALE HAVE BEEN PREVIOUSLY RENTED BY OTHER CUSTOMERS AND ARE NOT NEW. WTW will professionally clean and inspect the Products before they are delivered to you. However, all Products are sold on an “as is” basis, without any warranty whatsoever, and all Product sales are final.

 

Purchase Price. The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on the Site in connection with your purchase of the Products. Purchase Price is as listed on the WTW website at the time of purchase, and is subject to change. WTW reserves the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you hereby authorize WTW to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Purchase Prices exclude all taxes or other fees all of which shall be paid by you directly. Purchase orders are final and cannot be cancelled.

 

 

B. Subscription services.

 

The following terms and conditions apply if you subscribe to one of the WTW subscription packages. The available services are;

 

Part-time Diva

Wardrobe Revolver

Ultimate Swapper

 

Fees. If you subscribe to one of our subscription services WTW will charge you a recurring automatic monthly subscription fee. The current subscription fees for the services are set out in the table below, but are subject to change at our discretion and any such change will be effective for any subsequent renewal subscription period. You hereby authorise WTW or our third party payment processor to charge your payment card for the applicable subscription fee. WTW subscription fees are non-refundable except as expressly set forth below. Taxes may apply on subscription fees.

 

Subscription

Monthly fee

In the know

£75

Part-time Diva

 

£60

Wardrobe Revolver

 

£90

Ultimate Swapper

 

£120

For one of rentals there will be a fixed fee as per explained on the site, or if the items are being used for commercial use, there is a £7 fee per item. This should be paid within 3 days on hiring the garment(s). 

 

Monthly fees will be charged on 2 working days prior to your monthly renewal date. This will be the same day of the month on which your subscription commenced. For products with a Retail Price of more than £500 a refundable deposit of 20% shall be payable on order of the product. 

 

Subscription Cancellation and Renewal. You may cancel your WTW subscription at any time, but your cancellation will be effective at the end of the current subscription month. This means your subscription will continue for the remainder of that period and you will not receive a refund. Your subscription renews automatically on a monthly basis at the then current fee and benefits then in effect until you cancel. You may cancel or renew your subscription by contacting orders@wearthewalk.co.uk 

 

 

Fees. If you subscribe one of our subscription services, WTW will charge you a monthly subscription fee that will automatically renew and you will be billed every calendar month at the then current fee to your payment method on file. After your first monthly payment, your subscription membership will automatically renew and you will be billed every calendar month on your sign up date at the then current fee to your payment method on file. The current monthly subscription fees are detailed above and are subject to change at our discretion and any such change will be effective for any subsequent renewal subscription period. You hereby authorize WTW or our third party payment processor to charge your payment card for the applicable subscription fee on a monthly basis until you cancel. The subscription fees include shipping and covering minor mishaps but not significant damage, loss or theft. Subscription fees are non-refundable except as expressly set forth below. Taxes may apply on subscription fees.

 

Cancellation of Your Membership. Your monthly subscription automatically renews and you will be billed every calendar month. To cancel your monthly membership, email us at orders@wearthewalk.co.uk. You must return your Products before the end of your current billing period to avoid additional fees. If WTW does not receive your Products by the end of your billing period in which you want to cancel your membership, WTW will charge you 100% of the retail price or value of each Product.

 

Delivery. All deliveries will be through WTW's shipping partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of WTW. The courier services described in Section 2(A) will be available for deliveries in New York City. We will provide you with information about estimated delivery and arrival times of Unlimited Program Products through the Site or App. The Products we send to you will be professionally cleaned and delivered ready to wear. We professionally clean, sterilize and inspect each Product we send to you, but use of the Products is at your own risk and WTW shall not be held liable for any health-related complaints associated with any Product.

 

Returns. With each shipment of Products we send you, we will include one Return Packaging which you can use to return one (1), some or all of the Products you currently have. When we receive any returned Products from you, the next shipment we send you will contain the same number of Products that you have returned. We will use reasonable efforts to send you new Products promptly upon processing your return, but you acknowledge that as a result of processing and delivery, there will be a delay between your return of a Product and receipt of a new Product through this service. You agree to return any Product using the Return Packaging.

 

Damage, Failure to Return Products. Unless you cancel your subscription, it will automatically renew on a monthly or recurring pre-pay basis. You expressly authorize us to collect the applicable subscription fee, using any payment card on record for you, in connection with any such auto-renewal. You may cancel your subscription by contacting orders@wearthewalk.co.uk . As soon as you cancel, you will not be eligible to receive any additional Products through. You may continue to keep Products you have already received through your subscription, but you must return to WTW all such Products on or before the last day of the applicable subscription period during which you cancel. If we don't receive your items on time, you will be charged up to 100% of the retail price. You will not be entitled to any refund of subscription fees.

 

 

PAUSE OR Cancellation of Your Membership. You may pause or cancel your membership at any time prior to you Billing Date. To pause or cancel your recurring membership, or to resume a paused membership, contact us at orders@wearthewalk.co.uk. After pausing or cancelling your membership, you must return or purchase your WTW products at the end of your then-current Shipment Period to avoid additional fees, as set forth below in “Returns; Late Fees.” 

 

CHANGES TO AND TERMINATION OF subscription services. We reserve the right to modify subscription services (including the subscription fee) or terminate your subscription at our sole discretion without prior notice. If we terminate your subscription, we will provide you with, as determined in our sole discretion, either (a) a prorated refund for the remainder of your current applicable subscription, or (b) continued access to your subscription for the remainder of that applicable period, in accordance with these Terms. However, we will not give any refund for termination related to conduct that, in our discretion, violates these Terms or any applicable law. 

 

MINIMUM COMMITMENT. This membership has a 2-month minimum purchase within each annual term. Skip as often as you like as long as you fulfill the 2-month minimum per year. You will be automatically charged in the final month(s) of the annual term if you have not fulfilled your 2-month minimum commitment. 

 

 

your membership will become active and you will be billed on that same date every month at the rate at which you signed up for the program.

 

failure to make payment. Failing to make any payment which is due for your subscription program will result in your subscription being terminated and you will be required to return all WTW product which you have in your possession.

 

 

4. Use of the Services

 

A. WTW Content

 

Content Provided “As Is.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from stylists and photos and comments from other users (“WTW Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The WTW Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any WTW Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the WTW Content.

 

Updates We may update the WTW Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to orders@wearthewalk.co.uk . We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.

 

B. Third Party Content

 

Links to Third-Party Websites. The Services may contain links or references to non-WTW websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and WTW is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from WTW, and WTW has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that WTW endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.

 

C. Acceptable Use Policy

 

Use of WTW Content. No part of the Services, including the WTW Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that WTW authorizes you to view, copy, download, and print WTW Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the WTW Content solely for your personal, non-commercial, informational purposes; (b) you do not modify the WTW Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the WTW Content.

 

Use of the Services. You may not use the Services to: (i) transmit any content, information or other materials that are, or which WTW considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a WTW representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable national or international laws or regulations.
You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.

 

Indemnification for Breach. By using the Services, you agree to indemnify, hold harmless and defend WTW and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defence, including but not limited to, legal fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.

 

  1. D. Your Content

 

If you post, upload or make available to WTW or the Services, or otherwise submit to or through WTW as part of your use of the Services, including the Site, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to WTW a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 4(C), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize WTW to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.

 

 

E. Delays

 

There may be delays, omissions, or inaccuracies in the Services, including the WTW Content. The Service maybecome unavailable due to maintenance or malfunction of computer equipment or other reasons.

 

5. INTELLECTUAL PROPERTY

 

A. Ownership of the Services

 

The Services, including the WTW Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of WTW and its affiliates and licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “Wear The Walk” and the WTW logo are registered trademarks of Wear The Walk Limited. under the applicable laws of England and Wales and/or other countries. Other WTW product or service names or logos appearing on or through the Services are either trademarks or registered trademarks of WTW and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. WTW and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.

 

Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any WTW Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of WTW or such third party that may own such WTW Content.

 

B. Services License

 

Subject to your compliance with these Terms, WTW grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.

 

 

6. TERMINATION

 

A. Termination By You

 

You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at accounts@wearthewalk.co.uk  You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.

 

B. Termination By WTW

 

Any violation of these Terms, including any of the prohibitions in Section 4(C), may result in suspension or termination of your access to the Services and/or removal of Your Content. WTW may also terminate your account if WTW determines that your conduct poses a risk or liability to WTW, or for any other reason as determined by WTW in its sole discretion.

 

C. Effects of Termination

 

In each of these cases, the Terms will terminate, including your license to use the Services, except that the following sections shall continue to apply: 2(A) (Collections), 2(B) (Rental Fee, Late Fees, Lost Return Packaging), 2(C), 3(A) (Failure to Pay Fees), 4(A)-(D), 5(A), 5(C) (Acknowledgment), 5(D), 6(C), and 7-9.

 

7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

A. Limited Warranties

 

The limited warranties set out in Section 2(B) for rentals apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by WTW in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.

 

Your sole and exclusive remedy and WTW's sole and exclusive liability for a breach by WTW of the limited warranties set out in Section 2(B) shall be, at WTW's option, WTW's use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of your Rental Fee, as applicable (excluding delivery charges).

 

B. Disclaimer of Warranties

 

EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 2(B), THE SERVICES AND PRODUCTS, INCLUDING ALL TRIAL PROGRAMS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, WTW DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE WTW CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS OR WHERE OTHERWISE PROHIBITED BY LAW.

 

C. Limitation of Liability

 

UNDER NO CIRCUMSTANCES SHALL WTW BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF WTW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 7(A) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT WHERE OTHERWISE PROHIBITED BY LAW.

 

8. DISPUTE RESOLUTION

 

A. Informal Process First

 

Both you and WTW agree that in the event of any dispute between us, you and WTW will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.

 

B. Notification

 

All issues with any of the product or services provided by WTW should be notified to the Company as soon as possible to the following email address: orders@wearthewalk.co.uk  

 

 

9. MISCELLANEOUS

 

Jurisdictional Issues. WTW makes no representation that the Services are appropriate or available for use outside the United Kingdom. Those who choose to access the Services or any part thereof from outside the United Kingdom do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that WTW intends to announce or make available such products or services to the general public, or in your country. Contact WTW at orders@wearthewalk.co.uk to determine which products and services may be available to you.

 

Governing Law and Venue. These Terms are governed and interpreted pursuant to the laws of England and Wales, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms which are not resolved through cooperation of the parties shall be resolved exclusively by a court in England and Wales and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.

 

Entire Agreement. These Terms are the entire agreement between you and WTW relating to the subject matter herein and shall not be modified except by WTW in accordance with these Terms, or as otherwise agreed in writing by you and WTW. No employee, agent or other representative of WTW has any authority to bind WTW with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.

 

Severability and Waiver. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

 

Assignment. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. WTW may assign these Terms at any time without notice to you.

 

Force Majeure. WTW will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond WTW’s reasonable control.

 

Contact Information. Please send any questions or comments, or report violations of these Terms, to orders@wearthewalk.co.uk 

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