Fox & Fit and our vendors personal information (buyer name, email address, and delivery address) and are considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a vendor accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the seller, not Fox & Fit, will be responsible for that unauthorised disclosure.
If, however, Fox & Fit and sellers are found to be joint data controllers of buyers’ personal information, and if Fox & Fit is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify Fox & Fit for the expenses it occurs in connection with your processing of buyer personal information.
2. Your Fox & Fit Account
You’ll need to create an account with Fox & Fit to use some of our services. Here are a few of our rules:
- You must manage and deliver against any orders placed in your store. Any delays and issues will be dealt with accordingly, including temporary, or permanent exclusion from Fox & Fit.
- You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. You are responsible for any and all account activity conducted by a minor on your account.
- Provide accurate information about yourself and your services. It is prohibited to use false information or impersonate another person or company through your account.
- Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights.
- You accept full responsibility for your account, and any actions and activity carried out in your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
- Please protect your password. As in no.5 you are solely responsible for any activity on your account, so it’s essential to keep your account password secure.
- These terms outline the relationship between vendors and Fox & Fit, they don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Fox & Fit.
3. Content on Fox & Fit
Content that you post on Fox & Fit can include names, pictures, product listings and information. This is your content and Fox & Fit doesn’t make any claim to it.
- The content you post on Fox & Fit is solely your responsibility. It’s your responsibility to keep it updated i.e. stock control and to ensure you have all necessary rights and that you’re not infringing or violating any third party’s rights by posting it.
- By posting content, including product details, on Fox & Fit, you grant Fox & Fit a license to use your content. We don’t claim any ownership but we have your permission to use it to develop and grow Fox & Fit i.e. using this content on our social media channels. This is mostly to help us promote the products our vendors are selling on the site.
- By using Fox & Fit, you grant Fox & Fit a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of the content you add to the website. This allows us to provide our services and to promote Fox & Fit, your Fox & Fit listings, or the services in general, in any formats and through any channels, including across any Fox & Fit Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using your content.
- Fox & Fit has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content. If your store or products are alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling your account or product listings and will then terminate your account if this activity continues. You’ll be notified by email in this scenario.
- Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Fox & Fit’s services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene or vulgar. You also agree not to post any content that is false and misleading or uses the services in a manner that is fraudulent or deceptive.
4. Your Use of Our Services
We grant you a limited, non-exclusive, non-transferable, and revocable license to use Fox & Fit – subject to these terms and conditions and the following restrictions in particular:
- You agree that you will not violate any laws in connection with your use of Fox & Fit. This includes all international laws that may apply to you.
- It is your responsibility to pay all fees you owe to Fox & Fit.
- You agree not to copy, crawl, scrape, or spider any page of Fox & Fit or to reverse engineer or attempt to obtain the source code of our website.
- You agree not to disrupt, interfere or damage Fox & Fit.
If you’d like to leave us (sob) you can terminate your account with Fox & Fit at any time from your account. You’ll still be responsible for paying any outstanding bills and terminating your account won’t affect the availability of products listed prior to termination.
We can terminate or suspend your account, and access to Fox & Fit, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use Fox & Fit, for example, to sell or buy on our websites. Fox & Fit may refuse service to anyone, at any time, for any reason.
If you or Fox & Fit terminate your account, you may lose any information associated with your account.
Fox & Fit reserves the right to change, suspend, or discontinue any of the Fox & Fit services at any time, for any reason. We will not be liable to you for the effect that any changes to Fox & Fit may have on you, including your income or your ability to generate revenue.
6. Warranties and Limitation of Liability
You understand that Fox & Fit does not manufacture, store, or inspect any of the items sold through our website. We provide the marketplace; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Fox & Fit can’t and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Fox & Fit from any claims related to items sold through our website, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
Please notify us immediately on firstname.lastname@example.org if you come across materials that are offensive or inappropriate while using our website. Fox & Fit is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users. You release us from all liability relating to that content.
You can use Fox & Fit to interact with other individuals, either online or in person. However, you understand that we do not screen our users, and you release us from all liability relating to your interactions with other users. Please exercise normal judgement about online relationships.