Terms and Conditions
Access to and use of VANTAGE ORTHOTIC (also referred to as, “VANTAGE”)’s Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. These Terms and Conditions govern your conduct associated with the service offered by VANTAGE. Your conduct is also subject to VANTAGE's online Privacy Policy.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw 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. From time to time, we may restrict access to some parts or all of this Website. This Website also contains links to other websites which are not operated by VANTAGE (the "Linked Sites"). VANTAGE has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
Prohibitions:You must not misuse this Website. Without limiting the breadth of the foregoing, you will not: commit, facilitate or encourage a criminal offence; transmit or distribute a virus, Trojan horse, 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 Service; 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 VANTAGE or its partners involved in the operation and maintenance of this Website. You shall not directly or indirectly take any action to unduly stress the Website, including by way of example and not limitation, incurring session lengths or conducting search queries that we reasonably determine to be abusive, launching or facilitating any denial of service attack on the Website, or using any scraper, robot, spider, or other automated mechanism to access the Website or download content. We reserve the right to monitor your use of the Website to provide guidance and assistance in the use of the Website, and to monitor your conformance with these Terms of Service. You acknowledge and hereby consent to such monitoring. Breaching this provision may constitute a criminal offence under the Computer Misuse Act 1990 or other relevant legislation. VANTAGE will report any such breach to the relevant law enforcement authorities and may 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. The use of automated systems or software to extract data from this Website for commercial purposes, (‘screen scraping’) is prohibited without license.Intellectual Property, Software and Content:The intellectual property rights in all software and content made available to you on or through this Website remains the property of VANTAGE or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by VANTAGE 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 shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by VANTAGE or its licensors. VANTAGEORTHOTIC.com™ is a trademark belonging to VANTAGE. No license or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are visually similar.Terms of Sale:By placing an order, 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. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to the USA and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Shipping section for further information. In order to contract with VANTAGE, you must be 18 years of age or over, and possess a valid credit or debit card issued by a bank acceptable to us. VANTAGEretains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be VANTAGE or may in some cases be a third party. Where a contract is made with a third party, VANTAGE is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes. Please be aware that some of the goods sold through our Websites may not be suitable for children under 18 years of age, so please take extra care when purchasing goods as gifts, for under 18’s. a. Our Contract i. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. b. Pricing and Availability i. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which 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. If you cancel and you have already paid for the goods, you will receive a full refund. Shipping costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'. c. Payment i. Upon receiving your order we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil 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.Disclaimer of Liability:The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law VANTAGE and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect VANTAGE's liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable lawLinking to this Website:You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.Content Submission Posting by Person(s) Other than VANTAGE:When you submit content for posting on our site, you permit us to post your submission with your screen name, city and state. By submitting any content to VANTAGE, you represent and warrant that: i. You are the sole author and owner of the intellectual property rights thereto; i. All "moral rights" that you may have in such content have been voluntarily waived by you; i. All content that you post is accurate; i. You are at least 13 years old; and i. Use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity. You further agree and warrant that you shall not submit any content: i. That is known by you to be false, inaccurate or misleading; i. That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; i. That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); i. That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; i. For which you were compensated or granted any consideration by any third party; i. That includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or i. That contains any computer viruses, worms or other potentially damaging computer programs or files. You agree to indemnify and hold VANTAGE (and its officers, directors, agents, subsidiaries, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party. For any content that you submit, you grant VANTAGE including its affiliates and subsidiaries, a, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium, product or technology throughout the world without compensation to you. All content that you submit may be used at VANTAGE’s sole discretion. VANTAGE reserves the right to change, condense or delete any content on VANTAGE's website that VANTAGE deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms and Conditions. VANTAGE does not guarantee that you will have any recourse to edit or delete any content you have submitted. However, VANTAGE reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not VANTAGE, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of VANTAGE, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees. By submitting your email address in connection with your review, you agree that VANTAGE and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.Disclaimer as to Ownership of Trademarks, Images of Personalities and Third Party Copyright:Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to.Indemnity:You agree to indemnify, defend and hold harmless VANTAGE, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.Variation:VANTAGE shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.Invalidity:If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected 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:If you have a complaint about VANTAGE, please contact our Customer Care team at: info@vantageorthotic.comWaiver:If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.Governing Law and Jurisdiction:These terms and conditions are to be construed in accordance with the laws of the United States of America and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the U.S. courts.Entire Agreement:The above Terms of Service (including the Privacy Policy, any other VANTAGE policies linked to herein, and where relevant the Community Guidelines) constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and VANTAGE. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of VANTAGE.