Welcome to the feet first footwear website. This website is provided as a service to our customers and is owned and operated by Gayle Hofmaier.
The following rules and regulations apply to all visitors or users of the feet first footwear site. By using this site, you agree to be bound by these rules and regulations. We reserve the right to update or modify these Terms and Conditions at any time, without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.
If you do not agree to these Terms and Conditions, please do not use the feet first footwear website.
Limitation of Liability
feet first footwear shall not be liable for any damages suffered as a result of accessing, using, printing, copying or downloading the website.
To the extent that feet first footwear are able to limit the remedies available under the terms, and subject to any other condition of the terms, feet first footwear expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at feet first footwear’s sole discretion):
(i) in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
In no event shall feet first footwear be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the services or the website or these terms. The customer or user agrees to accept sole responsibility for the legality of the customer or user’s actions under the laws which apply to the customer or user and any transaction conducted directly or indirectly or in any way connected with the website or the goods or services. The customer and user agree that feet first footwear has no responsibility for the legality of any other customer or user’s actions or inactions.
Notwithstanding the above provisions, nothing in the terms is intended to limit or exclude any liability on the part of feet first footwear where and to the extent that applicable law prohibits such exclusion or limitation.
feet first footwear further does not warrant the accuracy, suitability or completeness of the information, text, graphics, links or other items contained within the website.
You are solely responsible for adequate protection and backup of your data and/or equipment used in connection with the website and will not make and hereby waive any claim against feet first footwear for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the website.
Disclaimer and Indemnity
You agree that your access to and use of this website is subject to these Terms and Conditions and all applicable laws and is at your own risk. While the information and material contained on the website is believed to be accurate and current, it is provided by feet first footwear in good faith on an “as is” basis. We accept no responsibility for and make no representations or warranties to you or to any other person as to the reliability, accuracy or completeness of the information contained on this website. Any reference to products or services on this website is for information purposes only and does not constitute an endorsement or a recommendation of those products or services by feet first footwear.
feet first footwear expressly disclaims any implied or express warranties or conditions of any kind, including warranties of merchantable quality, fitness for a particular purpose, or non-infringement of intellectual property rights relating to information or materials accessible from or on this website.
feet first footwear shall not be liable to you for any damage resulting from use of or reliance on the materials or information on the website or any other loss or damage whatsoever including, but without limitation, special, indirect, consequential or incidental loss or damage (including loss or profits, revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss), or any loss or damage relating to business interruption, loss of programs, or other data on your information systems or costs of replacement goods, or otherwise, even if feet first footwear is expressly advised of the possibility of such loss or damage. To the extent (if any) that the content on the website does not satisfy the laws of a country other than Australia, it is not directed to persons in those countries and they should not use this website.
By using this website and agreeing to these Terms and Conditions, you agree to indemnify feet first footwear and its employees and affiliates (if any) and hold feet first footwear and its employees and affiliates, harmless against all loss, actions, proceedings, costs (including legal costs), expenses, claims, penalties, fines, expenses, costs and damages arising from or in relation to any breach by you of these Terms and Conditions, your access and/or use or exploitation of the website or reliance on its contents or information received through it by yourself or any person accessing any content through the website and as a result of any use or exploitation by you of any material posted by any third party or any other website, or both. This indemnification includes, without limitation, liability relating to copyright infringement, defamation, invasion of privacy and trademark infringement.
feet first footwear does not warrant that your access to the goods and services or the website will be continuous or fault free and the customer and user acknowledges that feet first footwear does rely on various service level agreements that it has with third parties from time to time and its ability to perform hereunder may be affected by the terms of such service level agreement.
The customer or user agrees to indemnify and continue to indemnify and hold feet first footwear harmless from and against any claims, demands, proceedings, losses and damages of every kind and nature, known and unknown, including reasonable legal fees, made by any third party or customer or user due to or arising out of:
(i) the customer or user’s breach of the terms, or
(ii) the customer or user’s violation of any law or the rights of a third party or
(iii) as a result of any customer or user having a dispute with any other customer or user/s.
The customer or user shall comply with all applicable domestic and international laws, statutes, ordinances, common law and regulations regarding the customer or user’s use of the website and its services. The customer or user agrees to ensure that any information posted by the customer or user on the website does not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and any other applicable legislation. The customer or user is responsible for confirming that all activities are lawful, and the customer or user must ensure that all applicable laws and the terms are complied with in every respect.
Intellectual Property Rights
Title, ownership rights and intellectual property rights in the content, whether provided by feet first footwear, or by any other content provider, shall remain the sole property of us and/or the other content provider. We will strongly protect its rights in all countries.
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, except as is expressly permitted in this agreement.
You may download or copy the content only for your own personal use, provided that you maintain all copyright and other notices contained in such content. You may not store electronically any significant portion of any content.
feet first footwear is the copyright owner of the content of this website or is licensed by the copyright owner to use the content on the website. You must not in any form or by any means copy, reproduce, adapt, store, distribute, broadcast, transmit, print, publish or create derivative works from any information, material or data on this website. You must not use or apply, alter, or modify, for commercial or other purposes, any information, material or data on this website, without the prior written consent of feet first footwear.
All trademarks, brands and names appearing on this website are the property of their respective owners.
The customer or user grants to feet first footwear an exclusive, non-transferable licence to use the customer or users content, advertising, images, video and personal information and intellectual property rights (including the right to communicate to the public) necessary for feet first footwear to supply the goods and services and to publish and maintain its website.
These Terms and Conditions are governed by the laws in force in Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts which may hear appeals from those courts.
The provisions of the terms are severable, and if any provision of the terms is held to be invalid or unenforceable, such provision may be removed and the remaining provisions shall be enforced.
feet first footwear’s failure to act with respect to a breach by any customer or user or others does not waive its right to act with respect to subsequent or similar breaches.
Linking to This Website and Third-Party Links
Creating or maintaining any link from another website to any page on the feet first footwear website without our prior written permission is prohibited. Displaying the feet first footwear website or any material displayed on this website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this website must comply with all applicable laws, rules and regulations.
The feet first footwear website may contain links to other websites on the internet that are owned and operated by third parties. You acknowledge that feet first footwear is not responsible for the operation or content on or through any such site. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.
Information Provided by You
We may, but are not obligated to, monitor or review any communication by you. We shall have no obligation to use, return, review or respond to any such communications. We will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise. We retain the right to remove any or all communications that includes any material we deem inappropriate or unacceptable.
feet first footwear will always attempt to be as accurate as possible with our product descriptions. However, we are unable to warrant that product descriptions or other content on the website is accurate, complete, reliable, current or error free.
All information submitted to feet first footwear is secured. Information available on this website is protected by state-of-the-art encryption and firewall technology.
The customer or user agrees that they will not use any robot, spider, other automatic device, or manual process to monitor or copy any content or web pages or other information on the website without prior written permission from feet first footwear.
Termination and Effect of Termination
feet first footwear reserves the right to terminate or suspend your use of this website, without notice, for any reason or for no reason and without liability to you or any third party. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend or discontinue all or any aspect of this website, at any time, without notice.
In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received. We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. Your order may be delayed you will receive a full refund in the event we cannot fulfil your order.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
The feet first footwear website may be accessed from countries other than Australia. This website may contain products or references to products that are not available outside of Australia. Any such references do not imply that such products will be made available outside Australia. If you access and use this website outside Australia, you are responsible for complying with your local laws and regulations.
Release and Indemnity
You agree to waive any and all claims that you now have or may have in the future against feet first footwear and our associates, which relate to, or are incidental to any transaction.
You agree to indemnify and hold feet first footwear harmless from and against any and all claims, loss or expense that may be incurred by feet first footwear or our associates, which relate to or are incidental to the performance of its duties as described in these Terms and Conditions, including all legal costs incurred defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
You further agree to indemnify and hold feet first footwear and our associates harmless from any claim made by any third party due to or arising out of your use of this website, the violation of these Terms and Conditions by you, or the infringement by you, or other users of this website using your account, or any intellectual property or other right of any person or entity.
The terms are the entire understanding and agreement between the customer, user and feet first footwear and those Terms and Conditions which are intended to remain after the termination or expiry of these terms including but not limited to all indemnities owed to feet first footwear by the customer and the user, shall survive any termination or expiration of these terms.
Amendments to Terms and Conditions
feet first footwear may terminate, suspend, change or discontinue any aspect of this website, including the availability of any features on this site, at any time and without notice.
feet first footwear reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions in whole or in part, at any time and without notice. feet first footwear may terminate the authorisation, rights and license given above at any time and without notice. Your continued use of this website after any changes to these terms are posted will be considered acceptance of those changes. In the event that a customer or user does not agree with the terms, the customer or user must immediately cease their use of this website, and not order any goods or services from feet first footwear.