Privacy, Terms and Conditions
Welcome to the ShoeSales.com.au, provided by SHOE SALE INVESTMENTS PTY LTD ACN 145 774 867. The following Terms and Conditions, Privacy Policy, any other terms and policies which you may find throughout ShoeSales.com.au, in connections with certain functionality, features or promotions, and any other laws or regulations which apply to the Site, collectively constitute the rules that govern usage of ShoeSales.com.au and the products and services provided therein (collectively "Terms and Conditions").
By accessing the website www.ShoeSales.com.au – viewing pages and making purchases you accept, understand and acknowledge that you have read and agree to be bound by these terms and conditions without limitation or qualification.
From time to time we may modify our Terms and Conditions, other policies, or the content of the Site, without prior notice. If you continue to use our website you will be deemed to have accepted any modifications after they have been posted. Please take the time to read our Terms and Conditions, other policies, or the content of the Site before you place an order. If you do not agree with our Terms and Conditions, other policies, or the content of the Site and any changes, then you must immediately stop using the Site. Please contact info@shoesales.com.au or write to us; Shoe Sales 18 Jovic Road, Epping, 3076, Vic. if you require further information.
Web content, pricing and accuracy of information
All measures have been taken to ensure that all information by the Site and thrid parties on the Site is as accurate as possible, when describing advertising, thrid parties products, price and services on the Site, however, to the extent permitted by applicable law, we do not warrant that the Site and third party product or service descriptions, pictures, colours, information or other content available on the Site is accurate, complete, reliable, current or error-free. All descriptions, illustrations and indications or price of Products provided on this Website or otherwise communicated to you are for guidance only and intended merely to present a general idea of the Products. Prices shown on the Site are in Australia Dollars (AUD) and are inclusive of GST. Prices are subject to change effective immediately upon posting to the Site or other form of notification.
Links and advertisements
The ShoeSales.com.au website contains hyperlinks to other websites owned or operated by third parties. We have not reviewed all of the third party websites linked to this Site and are not responsible for their content or accuracy (including sites linked through advertisements). The inclusion of any hyperlink does not imply that we endorse the linked site and you access the hyperlinks at your own risk. Your correspondence or dealings with, your participation in promotions of and your reliance on the representations of advertisers on this Site are matters that are solely between you and such advertisers.
Whilst browsing this Site, advertisements (including 'banner ads', 'full page ads' and 'pop-ups') may appear in the window of your Internet browsing software or elsewhere on your computer screen. You acknowledge and consent to this functionality and agree not to install or operate (or suffer the continued installation or operation of) any software designed to block, filter, 'zap', obscure or obliterate the display of such advertisements, or any other like software.
Third Party Sites
We may include hyperlinks on this Site to other websites or resources operated by parties other than www.ShoeSales.com.au for convenience only. www.Shoesales.com.au is not responsible for the content or accuracy of any off-site pages linked to or from the Site, nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any offerings, advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources. You should make your own reasonable enquires regarding the content of these sites. Your linking to or from these websites is at your own risk. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
Third party cookies and tracking
ShoeSales.com.au collects data about your browsing activity on our network. We may also use non-personal information that we collect about you on our network to identify you on third party websites where we have an arrangement in place to serve ads on those third party websites.
One of the reasons we collect usage data is to display targeted advertisements or content on our network and also on third party websites. For that purpose, usage data may be collected and assigned to one or more pre-defined categories (for example 'shoes'). If this infers a particular interest, a cookie is placed in your web browser which may determine the type of targeted advertising or content that you receive. We target advertisements and content in order to improve your user experience - so that you are served advertisements and content that we believe may be more relevant or useful to you.
To create consumer profiles we also collate anonymous data from other sources across our network, including memberships, surveys or competitions. However, we will not combine usage data with your personal information (as defined in the Privacy Act 1988 (Cwth)), or share your personal information with any third party, except in accordance with the Privacy Act 1988 (Cwth) and our Privacy Policy.
Advertisements or content may also be 'targeted' to users based on:
- the type of content displayed on a given web page;
- the geographical location of a user (ie. identified by an IP address); or
- specific searches undertaken by a user.
Other reasons we may collect anonymous usage data include:
- to limit the number of times users are served certain ads;
- to monitor the performance of advertising campaigns;
- to audit, research, and analyse usage in order to maintain and improve our services, and to develop new services; and
- to ensure that our ad-serving technologies function properly.
We will not create categories designed to target children under the age of 13 years (however, this does not prevent us from marketing children's products to an adult audience).
Third party advertisers purchase advertising products from us that enable them to target particular types of users of our network, for advertisements served both on our network and also on third party websites.
We also permit advertisers to embed their own cookies in advertisements. Generally, advertisers will embed cookies in advertisements to monitor the performance of their advertising campaign, but they may also collect anonymous usage data relating to browsing activity on our network. We do not, however, permit advertisers to use any usage data obtained from our network to target advertisements or content to users off our network. We encourage advertisers to have a privacy policy that outlines their data collection activities and usage. Please refer to such third party privacy policies for more information.
We will not provide any personal information to an advertiser or any other third party without your express consent or in accordance with our Privacy Policy. However, to the extent that anonymous user data does not constitute personal information, we are entitled to deal with that information in any manner we see fit.
Opting in or out
At the point we collect information from you, you may be asked to 'opt in' to consent to us using or disclosing your personal information other than in accordance with this policy or any applicable law. For example, you may be asked to opt-in to receive further information or communications from our advertisers and supporters which do not fall into one of the categories described above.
You will generally be given the opportunity to 'opt out' from receiving email communications from us. For example, you will be given the option to unsubscribe from e-newsletters and other marketing or promotional material sent by us. You may 'opt out' from receiving these communications by either clicking on an unsubscribe link at the end of an email or by updating your personal details on your membership page.
If you receive communications purporting to be connected with us or our services that you believe have been sent to you other than in accordance with this policy, or in breach of any law, please contact us.
Eligibility
In order to book advertising on the Site www.ShoeSales.com.au, you will be requested to provide your personal/ business details. In particular, third parties must provide their real name, phone number, e-mail address, ABN and other requested information as indicated. Furthermore, when booking advertising, you will be required to provide payment details. By entering your payment details you represent and warrant that the payment details you provide are both valid and correct and you confirm that you are the person referred to in the billing information provided. All third parties must have a valid payment method by a bank acceptable to www.ShoeSales.com.au, individuals must have authrosied www.ShoeSales.com.au to process a charge or charges on their chosen payment method the amount of the total purchase price for the goods and services provided on our site.
Acceptance of Advertising and Sale Contract
You/ third parties will indicate to us the advertising you wish to purchase by completing the appropriate order form on our site. Your order shall consistute as an offer to purchase the products specified in your order. Once your order has been placed, you will receive an email acknowledging the details of your order and at the same time notify you the identifying number (in these Terms the "Invoice Number") for your order and you will be required to quote it in any subsequent communications. Only at that point will a contract for the sale and purchase of Products/ Advertising come into being.
The acceptance of your order and completion of the contract between you and www.ShoeSales.com.au will be completed when we email you to confirm that the advertising is complete.
We reserve the right not to accept your order in the event that we are unable to obtain authorisation for payment, if information provided by you is false or misleading, items ordered is out of stock or that you do not meet the eligibility criteria set out, or otherwise contemplated, within the Terms and Conditions. www.ShoeSales.com.au reserves the right to refuse to process or refuse service to anyone at any time at our sole discretion.
User account
You may register on our site www.Shoesales.com.au. If you do choose to register on our site you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree that the information you provide is current, complete, accurate and truthful and is your responsibility to keep your account information updated. You agree to accept responsibility for all activities that occur under your account, username and/or password. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.
www.ShoeSales.com.au reserves the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interests to do so.
Intellectual property rights
All information and content that is available on www.ShoeSales.com.au and the “look and feel” including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, photographs (collectively the content) and all intellectual property rights contained within our site is the sole and exclusive property of SHOE SALE INVESTMENTS PTY LTD . These intellectual property rights are protected by Australian and international laws, including laws governing copyright and trade marks.
You may use the site for your personal and non-commercial use only. The use of the Sites Content grants you no rights to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this Site, or any other intellectual property or material rights relating to the Content or any portion of the Site. This includes www.ShoeSales.com.au Software and all HTML and other code contained in this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website or otherwise.
Any reproduction, redistribution, duplication, copying, selling, accessing, modifying or otherwise exploiting, of the above listed Content, in whole or in part, for any purpose without our express consent is prohibited. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
www.ShoeSales.com.au makes no recommendations as to the use of any information or content on this Site which may infringe the intellectual property rights of itself or any third parties. www.ShoeSales.com.au makes no representations or warranties that use of the information or content on this site will not infringe such intellectual property rights.
Accessing the site
Accessing the site is for your personal use and non commercial use only. Access to the site does not include the right to:
a) frame or utilize framing techniques to enclose the Site or any portion thereof;
b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site);
c) make any use of the Site or any and/or all Content other than personal use;
d) reverse engineer or create any derivative works based upon either the Site or any and/or all Content;
e) collect account information for the benefit of yourself or another party;
f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or
g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site. All powers (if any) conferred on you by section 26 of the Trade Marks Act 1995 (Cth) are expressly excluded.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 9 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
Breach and termination
If, in our reasonable opinion, you breach any provision of these Terms and Conditions we may immediately issue a warning, temporarily suspend or permanently prevent your access to all or parts of the Site. In any event, we may terminate these Terms and Conditions (and your right to use the Site) at any time and for any reason without prior notice to you.
Relationship
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created between you and us by these Terms and Conditions.
Your obligations and responsibilities
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause SHOE SALE INVESTMENTS PTY LTD, our affiliates, partners or licensors.
User Content
If you upload or otherwise provide any information or content ("User Content") in the course of accessing or using the Site, you agree that such User Content will be available to us to use in any manner we think fit, subject to applicable provisions of any legislation including (without limitation) privacy legislation. You agree that you will not upload or otherwise provide any User Content which:
a. is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another's privacy, sexist, racist, violent, degrading;
b. infringes the intellectual or other proprietary interests of third parties;
c. contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user's use or enjoyment of the Site or otherwise breaches or encourages other users to breach these Terms and Conditions;
d. violates any law, statute or regulation;
e. forges information to disguise the origin of any User Content; or
f. encourages or incites any other person to engage in any of the above behaviour.
Indemnification
By placing an order with ShoeSales.com.au you agree to use the products or services only for their intended purpose. If you use the products or services for any other purpose you will assume full responsibility for any loss or damages arising out of this use. www.ShoeSales.com.au takes no responsibility for any loss or damage arising from its use.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
General
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We do not promise to continue to offer or maintain the Site online. We may withdraw it from use in accordance with our business strategy from time to time. Accordingly we may, with or without prior notice, terminate any or all of the rights granted by these Terms and Conditions. If you violate these Terms and Conditions, we may terminate any or all of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.