Terms of Service
This website is operated by ShoeMedic. Throughout the site, the terms “we”, “us” and “our” refer to ShoeMedic. ShoeMedic 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.
Before accessing or using our website, please read these Terms of Service carefully. You agree to be bound by these Terms of Service by accessing or using any element of the site. You may not visit the website or use any services if you do not agree to all of the terms and conditions of this agreement.Acceptance is solely restricted to these Terms of Service if these Terms of Service are considered an offer.
The Terms of Service will apply to any new features or tools that are added to the current shop. On this page, you can examine the most recent version of the Terms of Service at any time. By making updates and/or changes to our website, we retain the right to update, amend, or replace any portion of these Terms of Service.It is your duty to check this page for updates on a regular basis. Following the publishing of such modifications, your continued use of or access to the website implies acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
You signify that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your agreement to allow any of your minor dependents to use this site, by agreeing to these Terms of Service.
You may not use our products for any illegal or unauthorised purpose, and you may not break any laws in your jurisdiction by using the Service (including but not limited to copyright laws).
You must not send any worms, viruses, or any other disruptive programming. Any breach or violation of the Terms will result in your Services being immediately terminated.
SECTION 2 – GENERAL CONDITIONS
We have the right, at any moment, to refuse service to anybody for any reason.
You acknowledge that your content (except credit card information) may be transmitted in an unencrypted format and that it may include (a) transmissions across different networks; and (b) modifications to conform and adapt to technical requirements of connected networks or devices.Credit card information is always encrypted during transfer over networks.
Without our express written consent, you undertake not to replicate, duplicate, copy, sell, resell or exploit any component of the Service, use of the Service, or access to the Service or any contact on the website through which the service is given.
The headings in this agreement are presented solely for the purpose of convenience and have no bearing on these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not liable if the information on this site is not accurate, complete, or up to date. The content on this site is provided for informational purposes only and should not be relied upon or used as the sole basis for making decisions without contacting primary, more accurate, complete, or timely sources of information.Any reliance on the material on this site is at your own risk.
This site might have some historical information on it. Historical material is, by definition, out of date and is given solely for your convenience. We reserve the right to make changes to the material of this site at any time, but we are under no obligation to do so. You acknowledge and agree that it is your obligation to keep track of changes to our website.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Our product prices are subject to change at any time.
We retain the right to change or cancel the Service (or any element or content of it) at any time and without notice.
Any modification, pricing change, suspension, or discontinuance of the Service will not be liable to you or any third party.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may only be available online via the website. These products or services may be in limited supply and are only returnable or exchangeable in accordance with our Return Policy.
We have made every attempt to display the colours and images of our products that show in the store as precisely as possible. We cannot guarantee that the colour seen on your computer monitor is correct.
We reserve the right, but not the obligation, to limit our product or service sales to any individual, geographic location, or jurisdiction. On a case-by-case basis, we may exercise this power. We have the right to limit the number of products or services we offer at any time.All product descriptions and pricing are subject to change at any time without notice at our sole discretion. At any time, we have the right to discontinue any product. Any offer made on this site for a product or service is invalid where prohibited.
We don’t promise that the quality of any items, services, information, or other material you buy or get from us will match your expectations, or that any flaws in the Service will be fixed.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
Any order you place with us is subject to our discretion. We reserve the right to limit or cancel quantities purchased per person, per household, or per order at any time. Orders placed by or under the same customer account, the same payment card, and/or orders that use the same billing and/or shipping address may be subject to these restrictions.We may try to inform you if we make a change to or cancel an order by contacting the e-mail address and/or billing address/phone number supplied at the time the purchase was placed. We have the right to limit or reject orders that appear to be placed by dealers, resellers, or distributors in our sole discretion.
For any purchases made at our store, you agree to provide current, complete, and accurate purchase and account information. You agree to keep your account and other information up to date, including your email address, credit card numbers, and expiration dates, so that we can process transactions and notify you as needed.
SECTION 7 – OPTIONAL TOOLS
We may give you access to third-party tools over which we have no control or input, and which we do not monitor.
You understand and agree that we provide access to these tools “as is” and “as available,” with no warranties, representations, or terms of any kind, and without any endorsement. We will not be liable for any damages resulting from or related to your use of optional third-party tools.
You should check that you are familiar with and approve of the conditions under which tools are given by the relevant third-party provider before using any optional tools offered through the site (s).
We may also provide new services and/or features through the website in the future (including, the release of new tools and resources).Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Third-party materials may be included in some of the content, goods, and services offered through our Service.
This site’s third-party links may take you to websites that are not linked with us. We are not responsible for inspecting or analysing the content or accuracy of third-party materials or websites, or for any other materials, products, or services provided by third-parties, and we do not warrant and will not have any duty or obligation for them.
We are not responsible for any losses or damages incurred as a result of the purchase or usage of goods, services, resources, content, or any other transactions conducted through third-party websites. Before you engage in any transaction, please read the third-policies party’s and procedures carefully and make sure you understand them. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – 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 monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms of Service, but we have no obligation to do so.
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 libelous 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.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
On rare occasions, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, item shipping charges, transit times, or supply.If any data in the Service or on any connected website is inaccurate, we have the right to remedy any mistakes, inaccuracies, or omissions, and to change or update information or cancel orders at any time without notice (including after you have submitted your order).
Except as required by law, we make no commitment to update, revise, or clarify anything in the Service or on any related website, including, without limitation, price information. There is no specific update or refresh date applied in the Service or on any associated website to indicate that all information in the Service or on any related website has been edited or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not promise, represent, or assure that your use of our service will be error-free, speedy, secure, or uninterrupted.
We make no representations or warranties as to the accuracy or reliability of any results received via the use of the service.
You accept that we may suspend the service for an extended amount of time or cancel it at any moment, with or without notice to you.
You expressly acknowledge that your use of the service, or inability to utilise it, is at your own risk.Except as expressly stated by us, the service and all products and services delivered to you through the service are 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 ShoeMedic, 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 certain states or countries do not allow the exclusion or limitation of responsibility for consequential or incidental damages, our liability will be limited to the maximum extent permissible by law in those states or jurisdictions.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless ShoeMedic and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
If any part of these Terms of Service is found to be invalid, void, or unenforceable, the unenforceable section shall be deemed severed from these Terms of Service, and such finding shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
For all reasons, the parties’ responsibilities and liabilities accrued prior to the termination date will survive the termination of this agreement.
Unless and until either you or us terminate these Terms of Service, they will remain in effect. You may terminate these Terms of Service at any time by notifying us that you no longer want to utilise our Services or by discontinuing your use of our website.
We may also terminate this agreement at any time without notice if you fail, or we suspect you have failed, to comply with any term or provision of these Terms of Service, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
We will not be deemed to have waived any right or provision of these Terms of Service if we fail to exert or enforce such right or provision.
These Terms of Service, as well as any policies or operating rules posted by us on this site or in relation to The Service, represent the entire agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, or 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 will not be used against the party who drafted them.
SECTION 18 – 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 Canada.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
By making updates and changes to our website, we reserve the right, at our sole discretion, to update, amend, or replace any portion of these Terms of Service. It is your duty to check our website for updates on a regular basis. Following the publishing of any changes to these Terms of Service, your continued use of or access to our website or the Service represents acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].