Effective date September 22nd 2020
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE VYKING SneakerKit APP (THE “APPLICATION”)
This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of SneakerKit (the “Application”).
By ticking the box indicating that you have read and accept these terms on the Application and then pressing the “Let’s go” button, you accept the terms set out below and are bound by them.
The Application is a fun way of virtually trying on 3D models of shoes and footwear via the in-built device camera (the “Services”).
Use of our Application includes accessing, browsing, registering to use our Application or otherwise using the Services.
Please read these terms of use carefully before you start to use our Application, as these will apply to your use of our Application.
We recommend that you print a copy of this for future reference.
By using our Application, you confirm that you have read, understood and agree to the terms of use contained in this document and the terms in the associated Privacy Policy.
If you do not agree to these terms of use, you must not use our Application.
By using the Services you grant the owner of the Application (namely Vyking Limited and associated companies and/or affiliates) full rights to use the data that you transmit via your use of the Application, and any reproductions or adaptations of the data for our internal research purposes as outlined in detail in the Privacy Policy.
These terms of use refer to the following additional terms, which also apply to your use of our Application:
Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Application and the Services, you consent to such processing.
SneakerKit is a mobile application operated by Vyking Limited ("We"). We are registered in England and Wales under company number 11092363 and have our registered office and main trading address at City House, Sutton Park Road, Sutton, Surrey, SM1 2AE.
We are registered with the Information Commissioner’s Office as a private limited company.
We are a private limited company.
We may revise these terms of use at any time by amending this page.
Please check this page from time to time to take notice of any changes we make, as they are binding on you.
We may update our Application from time to time, and may change the content or functionalities of it at any time.
Our Application is made available free of charge via either the Android Google Play Store or Apple’s App Store.
We do not guarantee that our Application, or any content on it, will always be available or be uninterrupted. Access to our Application is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Application without notice. We will not be liable to you if for any reason our Application is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Application.
You are also responsible for ensuring that all persons who access our Application through your internet connection or your electronic device are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
Our Application is directed to people residing in the United Kingdom. We do not represent that content available on or through our Application is appropriate or available in other locations.
We may limit the availability of our Application and the Services or any service (or product) described on or available on our Application to any person or geographic area at any time. If you choose to access or use our Application and/or the Services from outside the United Kingdom, you do so at your own risk.
We are the owner of all intellectual property rights showing the functionality of Vyking’s technology in the Application. This technology is protected by copyright laws and treaties around the world. All such rights are reserved.
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms, which may apply, to our Application or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our Application; or use of or reliance on any content displayed on our Application. If you are a business user, please note that in particular, we will not be liable for:
loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage. If you are a consumer user, please note that we only provide our Application for domestic and private use. You agree not to use our Application for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Application or to your downloading of any content on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our Application. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Any content you upload to our Application or send through your use of the Services will be considered non-confidential and non-proprietary by you. It is our intention to anonymise the data gathered through use of the Services and whilst we have no current plans to distribute and make such information available to third parties this may change in the future but we would take all reasonable steps to advise you of any such changes.
The rights you license to us are described in the next paragraph (Rights you license).
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted or otherwise sent by you or any other user of our Application.
The views expressed by other users on our Application or those using the Services do not represent our views or values
You are solely responsible for securing and backing up your content.
We do not guarantee that our Application will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform in order to access our Application and use the Services.
You should use your own virus protection software.
You must not misuse our Application by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Application, the server on which our Application is stored or any server, computer or database connected to our Application. You must not attack our Application via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Application will cease immediately.
You may link to our Application, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our Application must not be framed on any other site, nor may you create a link to any part of our Application other than the home page.
We reserve the right to withdraw linking permission without notice.
Where our Application contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
To contact us, please email hello@vyking.io