TERMS AND CONDITIONS
Welcome to Shoemommy’s Website (the “Site”). Shoemommy, provides services to you, subject to the notices, terms and conditions set forth in this agreement (“the Agreement”). Additionally, when you use any of our online services (such as Customer Reviews), you will be subject to the rules, guidelines, policies, terms and conditions made applicable to such service and they are incorporated into this Agreement by this reference. We, Shoemommy, reserve the right to modify these Rules, Terms & Conditions from time to time. By accessing, browsing or otherwise using this website, you (the User) agree to be bound by the Terms & Conditions in effect at the time you access the site, as outlined below. Please read this agreement carefully before proceeding.
1. USE OF THIS WEBSITE
The use of this Website is subject to the following terms and conditions of use and sale (“Terms”) and all applicable laws. If you do not agree with any or all of the Terms outlined herein, please do not use this Website. Shoemommy provides you access to this Website subject to your compliance with the Terms herein.
Subject to the Terms & Conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use this Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or for any third party, except where explicitly permitted by us in advance. Any breach of this Agreement shall result in immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Shoemommy reserves the right to change, modify, alter or otherwise update the Terms applicable to this Website at any time without prior written notice and in its sole and absolute discretion. We will notify you of any such changes, modifications, alterations or updates to this Website simply by posting notice of same (on this website). Your continued use of this Website following any such change will constitute your acceptance of the new Terms and policies, as modified as modified therein.
Shoemommy’s products and services available through this Website (“Products”) may be ordered by individuals who reside within Canada. This Website is not intended for access or use outside Canada. You are responsible to ensure that your access to this Website and the material and information available on or through it are legal in the jurisdiction in which you access or view the Website. This Website and its contents are not to be construed as an offer to sell any product or service.
3. AGE OF USER
This Website is intended for use by adults only. You should not use this Website to purchase any of our Products unless you are of the age of majority in the jurisdiction in which you reside and access this Website. By using this Website you represent that you are of legal age to enter into any purchase agreement through this Website and will be bound by its Terms. If you are under the age of majority in the jurisdiction in which you reside and or access this Website, your parent of guardian should use this Website on your behalf and you should not use the Website on your own or provide any personal information to Shoemommy. We do not knowingly collect information from children under the age of 13.
4. PRODUCT PURCHASES AND USER ACCOUNT AND PASSWORD
If you elect to register on the Website for the purchase of Products or otherwise, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your account by any third party. You agree to be responsible for all activities on the Website that occur on your account or password. Town Shoes reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion.
5. PRODUCT INFORMATION AND AVAILABILITY
Products which are displayed on this Website and that may be purchased are available for sale and distribution to customers in Canada only. Shoemommy attempts to be accurate in describing all Products available for sale, however, Shoemommy does not warrant that Product descriptions or other content of this Website are accurate, complete, reliable, current or error-free as they are updated regularly and change from time to time. Shoemommy is not responsible for typographical errors regarding the price or any other matter indicated nor can we guarantee that the user’s monitor will accurately portray the actual colours of the Products.
The availability of certain Products may be limited and/or not be available for immediate delivery. Shoemommy may cease to make Product(s) available at any time without prior notice in its sole discretion. In the event that Shoemommy is unable to deliver a Product ordered, we will notify you via e-mail and your order (the “Order”) will be either automatically cancelled if the Product is unavailable or contact you to allow you to maintain your Order subject to a revised delivery time if and when the Product becomes available. All prices are subject to change.
6. PRODUCT ORDERS
Before submitting an Order for the purchase of Products using this Website, you will move through several steps including:
- Shopping Cart
- Your Information
- Review and Submit
- Order Confirmed
When you submit your Order by pressing the button for “Order Confirmed” describing, among other things, the Product(s) to be ordered, the purchase price and any applicable charges for shipping and taxes the Order will constitute an offer from you to Shoemommy to purchase the Product(s) described in the Order confirmation, for the price and subject to the other charges, terms and conditions as set out in the Order Confirmed section.
As previously mentioned this Website and its contents are not to be construed as an offer to sell any product or service. Orders are not binding on Shoemommy until accepted by Shoemommy. Shoemommy’s acceptance of your Order will be evidenced by return e-mail from Shoemommy to your e-mail address indicating that your Order has been accepted.
7. PRODUCT PRICING
All prices and Product orders are quoted and will be processed in Canadian dollars. Although Shoemommy strives to provide accurate Product and pricing information, errors may occur. Shoemommy reserves the right to correct any errors in pricing or Product information and to modify the prices of Products, at any time, without prior notice Shoemommy cannot confirm the price of a Product until after you submit an Order for the Product. In the event that the price or related information of a Product as described on the Website and/or the “Order Confirmed” section of the Order processing section of the Website is incorrect due to an error in pricing or product information, Shoemommy may, in its sole discretion, refuse or cancel the Order, whether before or after Shoemommy’s acceptance thereof. If there is such an error in pricing, Shoemommy may cancel the Order and reverse any charges that have been applied and contact you to request that you place a new Order for the Product at the correct price.
8. CONSENT REGARDING ELECTRONIC DOCUMENTS
By using this Website you consent to the exchange of information and documents between you and Shoemommy over the Internet or by e-mail, and you agree that these Terms, together with any applicable Order confirmation(s) (“Order Confirmed” part of the Order processing on the Website) accepted by Shoemommy in electronic form shall be the equivalent of an original written paper agreement between you and Town Shoes. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy legal requirements that such communications be in writing.
9. LINKS TO OTHER SITES
From time to time we may include links from our site to sites that are owned by entities that are not affiliated with Shoemommy. Shoemommy operate or control the content of these third party sites. We also do not control the goods or services offered through these sites. When and if you access one of these sites through a link on a Shoemommy site, you do so at your own risk. When you click on the link from our site to the other site, you actually leave Shoemommy site. Shoemommy, expressly disclaim any liability for any issues you may experience while you are visiting any other site.
Shoemommy reserves the right, in its sole discretion, to limit quantities sold, terminate user accounts and to refuse or cancel any Order even if the Order has already been submitted, whether or not the Order has been confirmed or accepted and whether or not your credit card or pay account has been charged. In the event that your Order is cancelled after your payment has been processed, Shoemommy will issue a full refund to you.
11. TERMS OF PAYMENT
Terms of payment for Products purchased through this Website shall be determined in Shoemommy’s sole discretion. Payment shall be made by credit card unless another pre-arranged method of payment has been accepted by Town Shoes in advance. Any payment made by credit card or other means shall be subject to the approval of the financial institution that has issued the credit card or other method of payment.
To ensure customers are charged for their purchase only when items are shipped, a preauthorization equal to the amount of the order will be applied to the credit/debit card used for the transaction at the time of order. Preauthorization is the common practice within the banking industry of authorizing electronic transactions done with credit/debit card and holding the balance as unavailable either until the merchant settles the transaction or the hold is removed. Depending on the cardholder’s banking institution, a preauthorized hold may initially appear as a charge. This bank hold is temporary, and only the actual charge will be applied to the card when the order is shipped.
Orders including multiple items may be shipped separately. Each individual shipment may have an additional preauthorization equal to the individual shipment value. Again, these holds are temporary and only the actual charge will be applied to the card when the order is shipped.
Please note, Shoemommy is not able to release the bank’s temporary hold on authorized funds and cannot be held responsible for the policies of the customer’s banking institution regarding the holding of preauthorized funds. Preauthorization fund holds last for varying periods, depending on the issuing card company’s policy. Should a concern arise regarding preauthorization, we strongly suggest contacting the issuing credit card company or bank directly.
12. SHIPPING RISK OF LOSS AND TAXES
Shoemommy will ship Product(s) ordered by you according to the delivery method you have selected and to the address indicated in the Order Confirmation. Delivery times provided by the Shoemommy are only estimates and Shoemommy shall not be responsible for any damages or costs resulting from any delays in delivery of the Product(s) Ordered.
Unless otherwise stated, all prices quoted do not include shipping and handling charges, applicable federal, provincial or other sales or any other taxes or dues. Separate charges for shipping and handling and taxes will be shown on the Order Confirmation for each order, as applicable. Customers are responsible for all sales tax, use tax, goods and services tax, harmonized sales tax, and any other taxes and duties associated with the order which may be charged in their jurisdiction.
All Product(s) purchased from Shoemommy are delivered via third party delivery companies, pursuant to a shipping contract. You shall become the owner of the Product(s) and assume the risks of loss from the time of delivery by Shoemommy of the Product(s) to the third party delivery company.
All Product returns are subject to Shoemommy’s Return Policy the Terms of which are deemed to be incorporated herein.
14. PROHIBITED USES
The Website may only be used for lawful purposes and is only available to you for your personal, non-commercial use, which shall be limited to viewing the Website, purchasing products, providing information to the Website, and accessing product information for your personal review.
You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Website. Shoemommy specifically prohibits any use of the Website, and requires all users to agree not to use the Website, for any of the following purposes:
- Posting any information which is incomplete, false, inaccurate or not your own;
- Engaging in conduct that would constitute a civil or criminal offense, giving rise to civil or criminal liability or otherwise violate any city, provincial, national or international law or regulation that would fail to comply with accepted Internet protocol;
- Communicating, transmitting, or posting material that is copyrighted, trademarked or otherwise owned by a third party unless you are the copyright or trademark owner or have the permission of the owner to post it;
- Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
- Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
- Attempting to interfere in any way with the Website’s or Shoemommy’s networks or network security, or attempting to use the Website’s service to gain unauthorized access to any other computer system;
- Communicating, transmitting, or posting material that is in violation of applicable laws or regulations.
- Violating or attempting to violate the security of the Website, including but not limited to:
- Accessing data not intended for you or logging on to a Shoemommy server or account, which you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
- Attempting to interfere or interfering with the operation of the Website, our providing services to any other visitors to the Website, our hosting provider or our network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mail bombing” or “crashing” the Website;
- Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to the Website.
15. COPYRIGHTS AND TRADEMARKS
Material on this Website, including but not limited to texts, images, illustrations, software, audio clips and video clips, is owned or provided by Shoemommy, however Shoemommy does not represent or warrant that such material does not infringe the rights of any other person or entity.
The material on this Website is protected in Canada and in other jurisdictions by the Copyright and Trademark Acts and by virtue of all other applicable Canadian law and international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of Shoemommy.
Trademarks, logos and service marks (collectively, “Marks”) displayed on this Website are registered or unregistered Marks of Shoemommy or others and are the property of their respective owners, and may not be used without the written permission of the owner of such Marks. Nothing in this Website shall be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act or Trade-marks Act of Canada or the appropriate jurisdiction.
Subject to its right to revoke such authorization at any time in its sole discretion notwithstanding the foregoing, Shoemommy authorizes you to make an electronic or paper copy of the information posted on any page of this Website provided that the copy is used solely for non-commercial, personal purposes and that in each and every case, provided that any such copy remains protected by all copyright, trademarks, service marks and other proprietary notices and legends contained on such Website.
This license does not include the resale of this Website or its contents, any collection of product listings, descriptions or prices, any other derivative use of this Website or its contents, any downloading or copying of the information contained herein for the benefit of any merchant, or any use of data mining, robots, or similar data gathering and extraction tools.
You may not frame or utilize framing techniques to enclose any page on this Website or any trademark, logo or other proprietary information (including images, text, page layout, or form) of Town Shoes without the express written consent of Shoemommy.
You may not use any Meta tags or any other “hidden text” utilizing Shoemommy’s name or trademarks without the express written consent of Shoemommy. Any unauthorized use of this Website and/or its contents will automatically terminate the permission or license granted by Town Shoes.
Except as otherwise provided herein, nothing in these Terms shall be construed as conferring, in any way whatsoever, any license or right including but not limited to copyright, patent, trademark or other intellectual property or right of Town Shoes or any other person or entity.
16. USER OR PURCHASERS MATERIAL
Shoemommy is not responsible for any text, image, video, audio, or any information, content or other materials that may be introduced into or posted through this Website or any other Shoemommy including any Shoemommy pages on social networking sites and web pages such as Facebook (collectively, your or the “Material”).
The Material provided by the user of the Website does not necessarily reflect the views, ideas or opinions of Shoemommy or any of its divisions, affiliates, subsidiaries, directors, officers, employees, agents, contractors and suppliers and Town Shoes disclaims any and all responsibility for any such Material.
By utilizing this Website you agree never to knowingly or otherwise introduce or post or provide Material that is defamatory, libelous, slanderous, obscene, abusive, fraudulent, violates any other party’s proprietary rights, promotes hatred or otherwise gives rise to a criminal offence or civil liability on the part of any person or entity or is otherwise unlawful or in contravention of applicable laws and regulations.
You agree to defend and hold Shoemommy harmless against all claims, damages, liability, losses or expenses resulting from or related to your or the Material. Shoemommy reserves the right to edit, alter or delete any Material at any time without prior notice in its sole discretion.
All Material must be solely for non-commercial, personal purposes and may be protected by applicable copyright laws.
17. USE OF MATERIAL AND CONFIDENTIALITY
You acknowledge and agree that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. You also represent and warrant that your Material and Town Shoes’ use of such Material as permitted in these Terms, does not infringe on your rights or the rights of any other person or entity.
Shoemommy may monitor the access to its Website and other activities in relation to its Website for quality control or any other purpose and may intervene in this regard. You consent to such surveillance and intervention should Shoemommy elect to do so.
19. USE AND MODIFICATION OF WEBSITE
Shoemommy may for any reason in its sole discretion and without notice to you, terminate, change, suspend or discontinue this Website or any aspect of it and or your use of it and Shoemommy shall not be liable to you or any other third party for doing same. Shoemommy may also impose rules and or limits on the use of this Website or restrict your access to all or part of it without notice or liability and in its sole discretion. All rights not expressly granted in these terms shall be deemed to be and are reserved to belong to Town Shoes.
20. EXCLUSION AND DISCLAIMER OF WARRANTIES
For the purposes of this Section ” Shoemommy” shall include any third party supplier or contractor.
PLEASE NOTE: THIS SECTION SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT CONCERNING THE TERMS AND CONDITIONS OF USE.
THE FOLLOWING EXCLUSIONS ARE IN ADDITION TO ANY SPECIFIC EXCLUSION OTHERWISE PROVIDED HEREIN.
Shoemommy MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE FUNCTIONALITY, GOOD WORKING ORDER OR CONDITION OF THIS WEBSITE, ITS SUITABILITY FOR USE, OR THAT IT’S USE, OR ANY INFORMATION OR MATERIAL, ACCESSED FROM OR THROUGH THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. Shoemommy DOES NOT REPRESENT, WARRANT OR UNDERTAKE THAT ANY ERRORS ON OR RELATING TO THIS WEBSITE MAY OR WILL BE CORRECTED OR THAT ANY SERVER FROM WHICH THE WEBSITE IS OPERATED IS OR WILL BE FREE FROM VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THIS WEBSITE AND ALL MATERIALS, PRODUCTS AND INFORMATION PROVIDED THROUGH OR ON THIS WEBSITE ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” BASIS AND Shoemommy DOES NOT MAKE OR MAKE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION
- WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, OR SECURITY,
- ACCURACY, ADEQUACY OR COMPLETENESS OF THE INFORMATION HEREIN; OR
- THE MERCHANTABILITY, QUALITY, TITLE, DURABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSES, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
21. LIMITATION OF LIABILITY
Shoemommy WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
ANY LOSS OF DATA, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, LOST BUSINESS, LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS OR INFORMATION PROVIDED THROUGH THIS WEBSITE, LINKS WITH OTHER WEBSITES OR SOCIAL MEDIA, THE PRODUCTS, OR THE TRANSACTIONS CONDUCTED ON OR FROM ANY Shoemommy WEBSITE OR SOCIAL MEDIA, EVEN IF Shoemommy HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL TOWN SHOES BE LIABLE FOR:
DAMAGES OR LOSSES RESULTING FROM VIRUSES INCLUDING COMPUTER OR WEB BASED VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF SAME OR TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, Shoemommy’s CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIERS OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY THE USER OR PURCHASER, OR THEIR RESPECTIVE SUBCONTRACTORS, OR OTHER EVENTS BEYOND THE REASONABLE CONTROL OF Shoemommy.
IF, NOTWITHSTANDING THE LIMITATIONS NOTED HEREIN, Shoemommy IS FOUND TO BE LIABLE FOR ANY DAMAGE(S) OR LOSS IN CONNECTION WITH THIS WEBSITE, IN NO CASE SHALL Shoemommy ‘S TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE, BE FOR MORE THAN THE AMOUNT PAID BY THE USER OR PURCHASER FOR THE SPECIFIC PRODUCT(S) ORDERED UNDER THIS AGREEMENT AND TO WHICH THE CLAIM RELATES.
IF YOU ARE DISSATISFIED WITH THESE TERMS OR THIS WEBSITE, YOUR SOLE AND UNIQUE REMEDY IS TO DISCONTINUE USING AND ACCESSING THIS WEBSITE.
22. BINDING EFFECT
These Terms and conditions herein shall inure to the benefit of and are binding upon each of the parties hereto and their respective successors and assigns.
23. GOVERNING LAW
This Website is controlled, owned and operated by Shoemommy located in Tavistock, Ontario, Canada and these Terms, this Website, any use of this Website and any transaction conducted on or from it shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without reference to principles of conflict of laws. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
24. DISPUTE RESOLUTION
The user of this Website or Purchaser of Product(s) on the Website acknowledges and agrees that any dispute that may arise with Shoemommy in respect of these Terms and conditions and the transactions contemplated herein shall be resolved by the Provincial and Federal Courts and Tribunals sitting in the province of Ontario and you hereby irrevocably submit to the personal and exclusive jurisdiction and venue of these Courts.
If any one of these Terms or conditions shall be deemed invalid, void, or for any reason unenforceable, then such Term or condition shall be deemed severable from the remaining Terms and conditions and shall not affect the validity and enforceability of any remaining Terms and conditions.
Shoemommy makes no representation that materials, information or Products provided on or through this Website are appropriate or available for use in other locations or jurisdictions. Those who choose to access this Website from other locations or jurisdictions do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Shoemommy may use “cookies” to track your preferences and activities on the Shoemommy Website. Cookies are small data files transferred to your computer’s hard-drive by a website. They keep a record of your preferences making your subsequent visits to the website more efficient. Cookies may store a variety of information, including, the number of times that you access a website, your registration information and the number of times that you view a particular page or other item on the website.
Please see your browser’s help files for details on how to block cookies, how to know when you have received cookies and how to disable cookies completely. Without cookies, some of the website’s functions may however not be available, and the user will lose some of the benefits of the website.
28. NO WAIVER
(Shoemommy’s failure to enforce any provision(s) of these Terms or conditions or to respond to a breach by you or any third party of these Terms or conditions shall not in any way waive the right of Town Shoes to subsequently enforce any of the Terms and conditions contained herein or to act with respect to other similar or future breaches.
29. ENTIRE AGREEMENT
The Terms and conditions, together with all other agreements, Terms or conditions incorporated or referred to herein constitute the entire agreement between you and Shoemommy with respect to the use of this Website and any transaction conducted on or from this Website and its contents, supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by Shoemommy making such amendments or modifications available to it pursuant to the Terms and conditions hereof.
30. NO ASSIGNMENT
You may not assign your rights or obligations herein without the express written consent of Shoemommy.
Shoemommy reserves the right, to terminate your access to all or any part of this Website, with or without notice in its sole discretion.