Terms & Conditions

GENERAL

Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms and Conditions "). By using the Services, you are agreeing to all of the Terms and Conditions, as may be updated by us regularly.

You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions . Access to this website is permitted on a temporary basis, and UPSTEP Ltd reserves the right to remove or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. Periodically we may restrict access to some parts or the entire website. Your use of the website is contingent upon your acceptance of our Privacy Policy and the following Terms and Conditions. If you do not agree to the Terms and Conditions of business contained in the following pages, then you may not use the UPSTEP website.

If you have any inquiries, comments or concerns regarding this agreement or any other part of this site or regarding any of our featured products and services or if you have experienced technical problems while using this site, please send an email to [email protected].

PRIVACY POLICY

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this website, you consent to the processing described therein and warrant that all data provided by you is accurate.

COOKIES

Like many websites, we also use "cookie" technology. A cookie is a small data file that we transfer to your computer's hard disk. We do not use cookies to collect personally identifiable information. We use cookies to better understand how you interact with the site and our service, to monitor aggregate usage by our users and web traffic routing on the site, and to improve the site and our services.

YOUR OBLIGATIONS AND CONDUCT

You must provide us with true and accurate information for example: your real name, phone number, e-mail address, and other requested information as indicated. Falsifying or omitting contact information such as a name, address, and/or telephone number when registering with UPSTEP is not permitted. You are also not permitted to use fax or disconnected numbers as a telephone numbers. When using this website you must obey all applicable international, federal, state, and local laws.

It is your responsibility to select a password that is unique to your UPSTEP account and that you do not disclose this information to anyone else or keep this information in an insecure place.

You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; 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. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. UPSTEP will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable 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 other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

We reserve the right to bar users from this Site on a permanent or temporary basis. Any such user shall be notified and must not then attempt to use this Site under any other name or through any other user. UPSTEP will report any breach of these rules that would constitute a criminal offence 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 by and operated by UPSTEP Ltd. Unless otherwise noted in this website, UPSTEP Ltd. owns the copyright with respect to all content on the website. Content includes: text, graphics, logos, audio clips, trademarks, software server information, and anything else hosted on this website. The UPSTEP logo, name, tagline and other marks indicated on the website are the trademarks or registered trademarks of UPSTEP 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 UPSTEP’s copyright. Additionally, the UPSTEP 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 UPSTEP. UPSTEP’s trademarks and trade dress may not be used in connection with any product or service that is not UPSTEP’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits UPSTEP. All other trademarks not owned by UPSTEP 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 UPSTEP.

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 UPSTEP 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 remains the property of UPSTEP or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by UPSTEP and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. You may link UPSTEP content to other sites, but only if you acknowledge the website as the source of the material and does not disparage or discredit UPSTEP.

You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by UPSTEP or its licensors.

TERMS OF SALE

By placing an order on UPSTEP website you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. At any time UPSTEP has the right to cancel the order before it is dispatched, refunding any money due to the customer.

UPSTEP will endeavour to process the Order and send the Goods within the time period stated at point of purchase Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and UPSTEP will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods howsoever caused.. We will not be held responsible for any deliveries delayed due to postal delays or force majeure.

In order to contract with UPSTEP you must be at least 18 years of age and can form a legally binding contract under applicable law If your order is accepted we will inform you by email when we dispatch the item. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit, debit card or PayPal account used to place your order and that there are sufficient funds to cover the order cost. We reserve the right to obtain validation of your credit card, debit card or PayPal details before accepting your Order. All prices advertised are subject to such change.

We reserve the right to change the orthotic construction and design based on your individual needs and the photo's on our website may not be the same as you receive.

PRICING AND PAYMENT

At UPSTEP we try to ensure that all details, descriptions and prices that appear on this 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 cancelling it. If we are unable to contact you we will treat the order as cancelled and any monies paid will be refunded to you.

Taxes, Duties and Extra Charges: Prices advertised on the Site 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 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 shipped to you within 16-22 business days of the date of receiving the impression box from the customer and confirming the impression was taken as instructed.

NO MEDICAL ADVISE

You acknowledge and agree that UPSTEP does not provide any form of medical care, medical opinion, medical advice, diagnosis or treatment, and that UPSTEP does not evaluate whether or not you should seek medical attention, through the UPSTEP Site. The contents of the UPSTEP 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 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 Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.

RETURNS AND REFUNDS

If you are unsatisfied with your purchase, you may return it to us for a refund within 180 days. The 180-day guarantee period starts from the day we shipped your order, or when no production has been fulfilled the guarantee period begins on the day of the purchase. Please note that we reserve the right to deduct the associated costs for return shipping and restocking fees from your refund amount. Your understanding in this matter is appreciated.

Refunds will only be paid to the same credit card or payment method from which you made your original purchase based on Upstep's payment records.

All remakes/modifications are to be made to Upstep Custom Orthotics only by Upstep LLC. Any remakes/modifications done to Upstep Custom Orthotics by an outside source, i.e.: another company or podiatrist, will render our return/remake policies null and void.

In order to return the product, you should contact our customer service: [email protected].

*** A 180-day money-back guarantee only applies to custom orthotics.

REMAKES

If your custom orthotics are not a perfect match, we offer free 2 remakes within the guarantee period, advertised on the website on the day of the purchase. Please note, that remake approval is based on our podiatrist team's decision based on your foot condition, and the current design that has already been created. We have the right to decline the remake request and to proceed with a refund.

To create a remake, the customer must return his current custom orthotics pair to us if we request them.

Extended 1-Year FREE Remakes, By purchasing the Extended 1-year FREE remakes, you consent to the terms of the REMAKES and acknowledge that you have had the opportunity to read the terms and conditions set forth herein.

LIFETIME WARRANTY

Your new Upstep custom orthotics come with a Lifetime Breakage Warranty on the orthotic shell against breaks and cracks. If your custom orthotic shell breaks or cracks at any time, we will remake/replace your orthotics at no extra cost. Please note that the top cover is consumable and will wear regardless over time.

The information contained in this website is for general information purposes only. The information is provided by UPSTEP and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Information on the UPSTEP website may contain technical inaccuracies or typographical errors. UPSTEP attempts to make its descriptions as accurate as possible, but does not warrant that the content of the UPSTEP website is accurate, complete, reliable, current, or error-free.

INDEMNITY

You agree fully to indemnify, defend and hold us, and our directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

VARIATION

UPSTEP shall have the right in its absolute discretion at any time and without notice to amend, remove or vary any of its services or any page of this Website.

INVALIDITY

If any part of the 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 with all other clauses remaining in full force and effect. So far as possible where 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 try to do everything we can to resolve any disputes when they first arise. If you do have any complaints or comments then please contact us at [email protected]

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 of the parties and supersede any and all preceding and contemporaneous agreements between you and UPSTEP. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by a Director of UPSTEP.

We comply with US legal and tax regulations.

Upstep LLC

30 Chapin Rd., Unit 1201

Pine Brook, NJ, 07058-9392

USA