Terms of service
TERMS OF SERVICE
This website is operated by The Foot Care Shop. Throughout the site, the terms “we”, “us” and “our” refer to The Foot Care Shop. The Foot Care Shop offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
Our terms and conditions
1. DEFINITIONS IN THIS AGREEMENT
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
“Our Website” means the entire computing hardware and software installation that is or supports Our Website.
“Goods” means any of the Goods we offer for sale on our Website
“Content” means any material in any form published on Our Website by us or any third party with our consent.
“Material” means Content of any sort posted by you on Our Website
2. INFORMATION DISCLAIMER
All information supplied has no warranty whatsoever. Information and statements are not intended to diagnose, treat, cure, or prevent any disease. No warranty is made that any information on or linked to this Site is complete and/or accurate. All information contained on the Site, including information relating to podiatric and health conditions, products and treatments, is for informational purposes only. It is often presented in summary or aggregate form.
Professional advice is required for each particular illness, disease, infection, injury or other medical or podiatric condition. This information is not to be taken as any sort of medical advice whatsoever. You take full and total responsibility for what you do with this information and any resulting outcomes from your actions.
Podiatric or medical information
You acknowledge that information provided on the Website:
(i) is general in nature;
(ii) is made available for the benefit of the public;
(iii) does not contain all available information; and
(iv) does not constitute medical or podiatric advice, diagnosis or treatment.
We strongly recommend that you seek advice from a qualified healthcare professional if you have a question about any potential symptoms, medical condition, diagnosis, or treatment, including preventative or prophylactic treatment.
The information contained in this Site is not intended nor is it implied to be a substitute for professional medical advice or any information contained on or in any product packaging or labels. Always seek the advice of a qualified health practitioner when starting any new treatment, continuing with treatment or with any questions you may have regarding yours or any other party's medical condition. Nothing contained in the service is intended to be or should be taken for medical or podiatric diagnosis or treatment.
Product images displayed are for representation purposes only. Actual product may differ from the images shown
3. DISCLAIMER AND LIMITATION OF LIABILITY FOR PRODUCTS SOLD
Except as expressly stated herein, The Foot Care Shop makes no representations or warranties, either express or implied, of any kind with respect to products sold on the Site. Except as expressly stated herein, The Foot Care Shop expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to The Foot Care Shop arising from any product sold on the Site shall be the price of the product ordered. In no event shall The Foot Care Shop its directors, officers, employees and representatives be liable for special, indirect, consequential or punitive damages related to the product sold. We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
Our Website contains links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website nor for any loss or damage arising from your use of any such website.
We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
4. DISCLAIMER FOR USE OF SITE
You expressly agree that use of the Site is at your sole risk. In no event will The Foot Care Shop, its directors, officers, employees and representatives, third-party content providers or the like warrant that the site will be uninterrupted or error-free. In addition, The Foot Care Shop does not make any warranty as to the results that may be obtained from the use of the Site, or use of the information, content, service, or products provided through the Site.
Further, The Foot Care Shop explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the site from third parties. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.
Under no circumstances shall we or any other party involved in creating, producing, or distributing the Site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the site, (ii) the cost of procurement of substitute goods and services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the site; (iii) unauthorized access to or alteration of your registration information, transmissions or data; (iv) statements or conduct of any third party on the site; (v) negligent or willful acts of The Foot Care Shop, its directors, officers, employees and representatives or (vi) any other matter relating to the Site.
You agree to indemnify and hold The Foot Care Shop, and our related bodies, corporate, directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by you or any third party due to or arising out of the Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.
5. ACCEPTANCE OF ORDERS
You warrant that all information you supply to us at the time of placing an order (Order) for products that are offered for sale by us through the Website (Products) and in connection with an Order made using the Website, is true and correct.
By placing an Order you are offering to purchase a product on, and subject to the following Terms of Supply.
Your receipt of an Order confirmation does not indicate our acceptance of your Order and it does not confirm our offer to sell. The Foot Care Shop has the right to accept or decline your Order at any time after receipt of your Order. All Orders placed must obtain pre-approval with an acceptable method of payment. We may require additional verifications or information before accepting any Order.
We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods. Unfortunately, we cannot guarantee that the Goods advertised on our website are available. If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
1 accept the alternatives we offer or
2 cancel all or part of your order;
6. YOUR ACCOUNT WITH US
You agree that you have provided, and will continue to provide accurate, up-to-date, and complete information about yourself. We need this information to provide you with the Goods.
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthourised person from using your computer.
You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password. We reserve the right to refuse you access to Our Website
7. MODIFICATION OF SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Australian Dollars will be borne by you.
Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
Prices include Australian goods and service tax. If you show by your delivery address that you reside outside Australia, GST will be deducted at the payment point.
8. DELIVERY
Deliveries will be made by post / a carrier instructed by us to the address stipulated in your order.
We may deliver the Goods in instalments if they are not all available at the same time for delivery.
Goods are sent at your risk. Goods are sent by Australia Post. We will send you a message by email to tell you when we have dispatched your order. If an order meant for express shipping is accidently send via regular post we will refund the express post cost but accept no liability if a shipping error is made.
9. CANCELLATION OF ORDER
You may cancel your order at any time before we dispatch your order or before the expiry of 7 working days from the date you receive your order, not including the day you received it. Details of our after-sales service and guarantees, if any, are given on our website.
If you cancel before we have sent the Goods, we will refund to you the price of the Goods and the cost of delivery, if any.
If you cancel after we have dispatched the Goods, we will refund the price of the Goods only.
The option to cancel your order is not available if the Goods have been used, have been used or if the goods have been opened and removed from their packaging.
If you cancel your order after we have dispatched the Goods, you must return them to us within 30 days in the same condition in which you received them. We cannot refund your money if the Goods have been used, worn or damaged.
You are responsible for the cost of returning them.
We will refund your money within 30 days.
This paragraph does not affect your rights in the event that the Goods are faulty.
10. FOREIGN TAXES, DUTIES AND IMPORT RESTRICTIONS
If you are not in Australia, we have no knowledge of, and no responsibility for, the laws in your country.
You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.
11. GOODS RETURNED
Our most important task is to ensure your absolute satisfaction. We will always strive to reach that target. However, we acknowledge that mistakes are made occasionally. This paragraph covers that possibility. If you are not wholly satisfied with the Product, please tell us at the earliest opportunity:
1. The exact nature of the fault
2. The date, if relevant, when the fault became apparent;
4 How the fault affected your use of the Goods;
To do this, it is essential that you follow the instructions below. These provisions apply in the event that you return Goods to us because you say they are faulty:
You must tell us by email message to info@thefootcareshop.com.au that you would like to return goods, specifying exactly what goods and when purchased, and giving full details of the defect or other reason for return. The Goods must be returned to us as soon as any defect is discovered.
Goods should be returned in their original condition and securely wrapped at your own cost.
12. CONTENT AND INTELLECTUAL PROPERTY RIGHTS
We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
We also claim copyright in the designs and compilation of all Content of Our Website. Title, ownership rights, and shall remain the sole property of us and/or the other content provider. We will strongly protect those rights in all countries. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
13. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
14. YOUR EMAIL ADDRESS
You represent that any username or email address selected by you, when used alone or combined with a second or third-level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
15. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Foot Care Shop, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
16. INDEMNITY
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of Our Web Site, your posting of any Material, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
17. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
18. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
19. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
20. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
21. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
22. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us via email to info@thefootcareshop.com.au.
