TERMS & CONDITIONS
GENERAL
Accessing and using the FITS PERFECT website, the FITS PERFECT: CUSTOM ORTHOTICS App (the "App") as well as its products and services (the "Services"), are subject to the following terms, conditions, and notices (the "Terms and Conditions"). By using the Services, you agree to comply with all of the Terms and Conditions, which may be updated by us periodically.
You should regularly review this page to keep yourself informed of any changes we may make to the Terms and Conditions. FITS PERFECT reserves the right to remove or modify the Services without notice, and we will not be held liable if, for any reason, the website becomes unavailable at any time or for any period. We may also periodically limit access to certain parts or the entire website. Your use of the website is subject to your acceptance of our Privacy Policy (found below) and the following Terms and Conditions. If you do not agree with the Terms and Conditions of use contained in the following pages, you are not authorized to use the FITS PERFECT website or access FITS PERFECT services.
If you have any questions, comments, or concerns regarding this agreement, any part of the website, our featured products and services, or if you experience technical difficulties while using the site, please send an email to support@fitsamerica.com. All communication must be in the English language.
YOUR OBLIGATIONS AND CONDUCT
You must provide us with true and accurate information, such as your real name, phone number, email address, and any other requested information as indicated. Falsifying or omitting contact information such as a name, address, and/or telephone number when registering with FITS PERFECT is not allowed. You are also prohibited from using disconnected numbers or fax as your telephone numbers. When using this website, you must follow all applicable international, federal, state, and local laws.
It is your responsibility to choose a password that is unique to your FITS PERFECT account and not share this information with anyone else or store it in an insecure place.
You must not misuse this website. You will not commit or encourage a criminal offense, transmit or distribute a virus, trojan, worm, logic bomb, or post any other material that is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene. You are also not allowed to hack into any aspect of the Services, corrupt data, cause annoyance to other users, infringe upon the proprietary rights of any other person, send any unsolicited advertising or promotional material (commonly referred to as "spam"), or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. Any violation of this provision would constitute a criminal offense under the Computer Misuse Act 1990. FITS PERFECT will report any such violation to the relevant law enforcement authorities and disclose your identity to them.
We will not be held responsible 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 any other proprietary material due to your use of this website or downloading of any material posted on it or on any website linked to it.
We reserve the right to permanently or temporarily bar users from this site and FITS PERFECT services. Any such user will be notified and must not attempt to use the site or services under any other name or through any other user. FITS PERFECT will report any violation of these rules that would constitute a criminal offense under the Computer Misuse Act of 1990 to the relevant law enforcement agencies and disclose your identity to them.
INTELLECTUAL PROPERTY, SOFTWARE, AND CONTENT
This website is owned and operated by FITS PERFECT Ltd. Unless otherwise noted, FITS PERFECT Ltd. holds the copyright to all content on the website, including but not limited to text, graphics, logos, audio clips, trademarks, software server information, and anything else hosted on this website. The FITS PERFECT logo, name, tagline, and other marks displayed on the website are the trademarks or registered trademarks of FITS PERFECT in the US, Canada, Japan, China, Australia, and Europe. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of FITS PERFECT’s copyright. Additionally, the FITS PERFECT website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
The website graphics, logos, page headers, button icons, scripts, and service names are the trademarks or trade dress of FITS PERFECT. FITS PERFECT’s trademarks and trade dress may not be used in connection with any product or service that is not FITS PERFECT’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FITS PERFECT. All other trademarks not owned by FITS PERFECT that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FITS PERFECT.
Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Business; or (b) with the prior written permission of FITS PERFECT or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.
The intellectual property rights in all software and content made available to you on or through this Website remain the property of FITS PERFECT or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by FITS PERFECT and its licensors. You may store, print and display the content supplied solely for your own personal use. You are nonpermitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appear on this Website, nor may you use any such content in connection with any business or commercial enterprise. You may link FITS PERFECT content to other sites, but only if you acknowledge the website as the source of the material and do not disparage or discredit FITS PERFECT.
You shall not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on any software or accompanying documentation supplied by FITS PERFECT or its licensors.
TERMS OF SALE
By placing an order through the FITS PERFECT service, you agree to the following terms and conditions of sale. All orders are subject to product availability and confirmation of the order price. FITS PERFECT reserves the right to cancel any order before dispatch and refund the customer.
FITS PERFECT will strive to process and deliver orders within the timeframe stated at the point of purchase. Delivery dates provided are estimates only and time for delivery will not be essential to the contract. FITS PERFECT will not be liable for any loss or expenses incurred by the buyer due to any delays in delivery caused by any reason, including postal delays or force majeure.
To contract with FITS PERFECT, you must be at least 18 years of age and able to form a legally binding contract under applicable law. If your order is accepted, we will inform you by email when we dispatch the item. By placing an order, you confirm that all details provided to us are true and accurate, that you are authorized to use the credit/debit card or PayPal account used to place the order, and that there are sufficient funds to cover the order cost. We reserve the right to verify your credit card, debit card, or PayPal details before accepting your order. All prices advertised are subject to change.
We reserve the right to modify the orthotic design and construction based on your individual needs. The photos displayed on our website may differ from the product you receive.
PRICING AND PAYMENT
At FITS PERFECT, we strive to ensure that all details, descriptions, and prices that appear on our website are accurate. In the unlikely event of an error in the price of any goods that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, we will treat the order as canceled, and any monies paid will be refunded to you.
Taxes, Duties, and Extra Charges: Prices advertised on the site may or may not include shipping and handling charges or applicable country or region-specific sales, goods, or services taxes, which may be added to the price you pay. You are also responsible for any customs duties or any other similar fees associated with your order.
Upon receiving your order, we carry out a standard pre-authorization check on your payment card to ensure that there are sufficient funds to fulfill the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.
We may use your personal information to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
SHIPPING
Products will generally be delivered to your address within 10 business days of the date your order is placed.
NO MEDICAL ADVICE
You acknowledge and agree that FITS PERFECT does not provide any form of medical care, medical opinion, medical advice, diagnosis, or treatment, and that FITS PERFECT does not evaluate whether or not you should seek medical attention. The contents of the FITS PERFECT Site, such as articles, graphics, images, information from our third-party contributors, product descriptions and instructions, and other material contained on the Site are for informational purposes only. Although such content may be provided by individuals in the medical profession, the provision of such informational content does not create a doctor-patient relationship and does not constitute a medical opinion, medical advice, or diagnosis or treatment of any particular condition. The FITS PERFECT website and FITS PERFECT products and services are not intended to substitute the opinion of a health professional regarding the treatment, diagnosis, prevention, or alleviation of any disease, condition, or disability. Always seek the advice of your physician or other qualified healthcare provider with any questions or concerns you may have regarding a health problem or medical condition.
INDEMNITY
By using the FITS PERFECT service, website, or mobile app, you agree to indemnify, defend, and hold us, our directors, employees, agents, and suppliers harmless from and against all claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising from any breach of these terms and conditions by you or any other liabilities arising from your use of the website, service, or mobile app or the use of your shopping account and/or personal information by any other person accessing the service.
VARIATION
FITS PERFECT reserves the right to amend, remove, or vary any of its services, products, or any page of this website, in its absolute discretion and without notice.
INVALIDITY
If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of the Terms and Conditions will not be affected, and all other clauses will remain in full force and effect. Wherever possible, any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid. The clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
COMPLAINTS
We will do our best to resolve any disputes when they first arise. If you have any complaints or comments, please contact us at support@fitsamerica.com.
WAIVER
If you breach these conditions and we take no action, we will be entitled to exercise our rights in any other situation where you are in breach of our terms and conditions.
ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between you and FITS PERFECT and supersede any and all preceding and contemporaneous agreements between you and FITS PERFECT. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of FITS PERFECT.
We comply with US legal and tax regulations.
RETURNS AND REFUNDS
WARRANTY
PRIVACY POLICY
The privacy policy of FITS PERFECT aims to provide transparency regarding the use of Personally Identifiable Information (PII) online. PII refers to information that can be utilized alone or in combination with other data to identify or locate an individual. It is important that you carefully review our privacy policy to understand how we gather, use, safeguard, and manage your PII in accordance with our website.
What type of personal information do we collect from visitors of our website, blog, or mobile app?
When you register or place an order through our service, we may request your name, email address, mailing address, phone number, credit card information, foot pain details, or other relevant information to provide you with an improved user experience.
When do we collect your information?
We collect your information when you create an account via our mobile app or when you provide us with your details on our website.
How do we use the information you provide to us?
We use the information we collect from you to process your orders, keep you updated with our latest news and offers via our newsletter, and to improve your experience on our website. We may also use your information to conduct surveys or other marketing activities.
To protect your personal information, we have implemented various security measures, including limiting access to your information to authorized personnel only and encrypting any sensitive/credit information you provide using Secure Socket Layer (SSL) technology. Additionally, we do not store or process any transaction information on our servers; all transactions are processed through a gateway provider.
COOKIES
Similar to many other websites, we utilize "cookie" technology. A cookie is a small data file that we transfer to your computer's hard drive. We do not use cookies to gather personally identifiable information. Instead, we use cookies to gain a better understanding of how you interact with our website and services, to track aggregate usage by our users, and to monitor web traffic routing on the website. This information helps us to improve our services and the website.
FITS PERFECT may use cookies to:
- Understand and save user's preferences for future visits.
- Keep track of advertisements.
- Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future.
We may also use trusted third-party services to track this information on our behalf.
Users can choose to have their computer warn them each time a cookie is being sent, or they can choose to turn off all cookies. This can be done through their browser settings. However, if cookies are turned off, some of the features that make the site experience more efficient may not function properly.
THIRD-PARTY DISCLOSURE
At FITS PERFECT, we do not sell, trade, or transfer your Personally Identifiable Information to outside parties.
THIRD-PARTY LINKS
From time to time, our website, services, or communications may contain links to other websites. Third-party websites are outside of our control and are not covered by our privacy policy. If you enter another website using provided links, the operators of such sites may collect information in accordance to their own privacy policies, which may differ from ours.
Currently, we have not enabled Google AdSense on our site.
California Online Privacy Protection Act
The California Online Privacy Protection Act (CalOPPA) requires commercial websites and online services to have a privacy policy. This law applies not only to California residents but also to anyone in the United States who collects Personally Identifiable Information from California consumers. The privacy policy should clearly state the information being collected and the parties with whom it is being shared. At Fits Perfect, we comply with CalOPPA and allow users to visit our site anonymously. We will prominently display a link to our privacy policy on our home page or the first significant page. Our privacy policy link includes the word 'Privacy' and is easy to locate. If there are any changes to our privacy policy, we will notify you.
How do we respect Do Not Track signals on our site?
We honor the use of Do Not Track signals, meaning that we do not plant cookies or use advertising when a Do Not Track (DNT) browser mechanism is active.
COPPA (Children Online Privacy Protection Act)
The Children's Online Privacy Protection Act (COPPA) gives parents control over the collection of personal information from children under 13 years old. The COPPA Rule, enforced by the Federal Trade Commission, outlines the requirements for website and online service operators to ensure children's privacy and safety online.
We do not target children under the age of 13 for marketing purposes. We also do not allow third-parties, including ad networks or plug-ins, to collect personally identifiable information from children under 13.
Fair Information Practices
The Fair Information Practices are essential principles in US privacy law and have influenced the development of data protection laws worldwide. It is crucial to understand and implement these principles to comply with privacy laws that safeguard personal information.
We also adhere to the Individual Redress Principle, which gives individuals the right to legally pursue enforceable rights against data collectors and processors who violate the law. This principle ensures that individuals not only have enforceable rights against data users but also have the option to seek recourse through courts or government agencies to investigate and prosecute non-compliance by data processors.
CAN-SPAM Act
The CAN-SPAM Act is a law that regulates commercial email by setting rules for commercial messages, giving recipients the right to opt-out of receiving emails, and imposing harsh penalties for violations.
We may collect your email address for the following purposes:
- To notify you of new offers, updates, products, services, or promotions.
- To notify you of shipping/order status or to communicate regarding your order.
If you wish to stop receiving emails from us, you may opt out. You can email us at support@fitsamerica.com and we will remove you from ALL future correspondence.
Information collected with the TrueDepth Camera
The App generates 3D Models of the feet using the TrueDepth Camera. This information is encrypted and stored to easily order or reorder orthotics in the future. The data is necessary in order to accurately manufacture a custom orthotic. All orthotics are custom-made based on the 3D information for a perfect fit. Upon closing your account, your TrueDepth generated models are expunged as well.
Account Removal
As an App user, you may request to remove your account from the Profile screen in the App. Upon doing so, your user credentials, user data and assets will be expunged. This data is not recoverable after an account is removed.
If you have any questions or concerns regarding our terms and conditions or privacy policy you may contact us using the information listed below:
Fits America, LLC
support@fitsamerica.com