Terms & Conditions

1.1 You must only use the Site in accordance with these General Terms and any applicable laws.

1.2 You must not (and must not attempt to):
(a) interfere with or disrupt the Site or the servers or networks that host the Site;
(b) use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site, unless expressly authorised by SHOE-NET; or
(c) interfere with security-related or other features of the Site.

1.3 To access some features of the Site, such as placing Orders, creating wishlists and earning loyalty SHOE-NET tokens and Rewards, you must register for, and be logged into, an account with us (“Account”, “SHOE-NET Account” or “Customer Account”). To register for an Account, you must provide us with accurate and current personal information including your name and a valid email address. You must not register more than one Account. You should not register an Account if you are under 13 years old. By registering for an Account, you will automatically join the SHOE-NET Front Row loyalty program where you are eligible. You may update, edit, delete or cancel your Account or your SHOE-NET Front Row Profile at any time through the Site.

1.4 To place Orders using an Account you must be at least 18 years old, and have the capacity to enter into a legally binding agreement. You must also provide us with a shipping address. If you are under 18, you may only place an Order with the involvement of a parent or guardian - products for purchase by children are not sold on the Site.

1.5 To the extent permitted by applicable law, you are solely responsible for the activity that occurs on your Account (including Orders placed using your Account), and you must keep your Account password secure. We are not responsible for any unauthorised activity on your Account, including if you fail to keep your Account login information and password secure or where you authorise an agent to access and use your Account. We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are responsible for ensuring that all Order, delivery, payment and other Account information submitted by you, or on your behalf, is accurate and authorised.

1.6 You must not use another person’s Account without our and the other person’s express permission. If you suspect or become aware of any unauthorised use of your Account or that your password is no longer secure, please contact our Customer Service team and take immediate steps to re-secure your Account (including by changing your password).

1.7 We do not warrant that the Site will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Site.

1.8 You must not link to our Site or any part of our Site in a way that damages or takes advantage of our reputation, including but not limited to:
(a) in a way to suggest or imply that you have any kind of association and affiliation with us, or approval and endorsement from us when there is none; or
(b) in a way that is illegal or unfair.

1.9 If you are a stylist, blogger, or influencer we kindly ask that you utilise our services via our exclusive PR forum. Please email press@shoe-net.com.au for collaboration opportunities.

2.1 The Site and the content on the Site are subject to copyright, trade marks and other intellectual property rights. These rights are owned by or licensed to SHOE-NET.

2.2 You must not reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Site, including audio and video excerpts, except as permitted by statute or with our prior written consent.

2.3 Information about certain products on the Site is based on material provided by third party merchants, sellers, suppliers and/or product manufacturers. Except as required by law (including the Australian Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

2.4 Due to photographic and screen limitations associated with the representation of products, some actual products may differ to a small extent in visual appearance (for example, in colour) from the way they appear on the Site. In addition, where it is suitable to do so, some product images may be generated or manipulated using artificial intelligence technology, or may be otherwise created, manipulated, augmented or chosen for promotional purposes, and may not be an exact representation of the product you receive.

3.1 When placing an Order, you must follow the instructions on the Site, or any Third-party Checkout, as to how to place your Order and for making changes to your Order before you submit it.

3.2 Once you select a product that you wish to Order, irrespective of any previous price you have seen or heard, you will then be shown or told (on the Site or any Third-party Checkout) the price you must pay including Goods and Services Tax (“GST”) and any other charges, including any fees or charges you are liable for in order to have the products delivered to the address provided by you (“Shipping Fees”). Unless otherwise stated, all fees and charges are in Australian dollars.

3.3 You must pay for the Order in full at the time of ordering by one of the payment methods we accept on the Site or that is accepted on any Third-party Checkout. You must be fully entitled to use the payment method used for purchases. The payment method must have sufficient funds, credit or other payment facilities to cover the purchase. We are not responsible for the decisions of payment providers to allow you to use their service and we do not provide any warranties or assurances about them. If a particular service is not available to you, you should use another valid payment method. You may elect to store your payment methods to your Account for future purchases.

3.4 By making an Order, you expressly authorise us, before your Order is accepted, to perform credit and security checks and, where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time time, including but not limited to your credit card number, to validate your credit card, to obtain an initial credit card authorisation, to conduct loss minimisation and anti-fraud measures and to authorise individual purchase transactions.

3.5 If you discover that you have made a mistake with your Order after you have submitted it, please contact our Customer Service team immediately, although please note we cannot guarantee that we will be able to amend your Order in accordance with your instructions and that fees may be applicable to process a change.

3.6 SHOE-NET operates a marketplace platform that allows third party sellers who abide by our marketplace program to list and sell their products on our Site (“Marketplace Seller” or “Marketplace Partner”). Pricing (before any available voucher/promo code discount is applied), product imagery and details and stock availability for products sold to you by a Marketplace Seller are selected and determined by the Marketplace Seller. If products on the Site are being sold by a Marketplace Seller, the Marketplace Seller may also be responsible for delivery of those products, and subject to clause 4 of these General Terms, delivery details specific to those products will be displayed at the checkout on the Site or at any Third-party Checkout. SHOE-NET does not assume any title in any products purchased by you from a Marketplace Seller. In the event you wish to cancel your Order from a Marketplace Seller before it has been accepted and a Contract formed, you acknowledge there may be some instances where this is not possible. In that case, we will refund the Order once it has been received by you and then returned due to a change of mind in accordance with clause 8 of these General Terms. For the avoidance of doubt, when buying a Marketplace Seller’s products, these General Terms apply to your transaction.

3.7 When you place an Order, you will receive from us an Order confirmation by email. This email will only be an acknowledgement that your Order has been received and will not constitute acceptance of your Order. A contract for the purchase of the product (“Contract”) will not be formed until you receive a shipment confirmation email from us. SHOE-NET (or the Marketplace Seller) is not obliged to supply the product to you until your Order for that product has been accepted and a Contract formed. Your Order (or part of an Order) may be cancelled or not accepted for any reason, including but not limited to:
(a) unavailability of stock (in which case we may ask you to re-submit your Order or you may be offered an alternative product or size);
(b) if we suspect that you might on-sell products in your Order to other consumers;
(c) if we suspect your Order is fraudulent, or suspect credit card or payment-related fraud;
(d) if there has been an error in the imagery, price or product description on the Site or on any Third-party Checkout; or
(e) if there has been an error by way of the wrongful inclusion of a product in a particular sale or promotion.

3.8 Subject to clause 3.6, until the time when your Order has been accepted and a Contract formed, we reserve the right to refuse to process your Order and you have the right to cancel your Order. If your Order has been cancelled (including any cancellation by you) before it has been accepted, we will promptly refund any payment already made by you to your original payment method. We will not change any General Terms applying to an existing Order that has already been accepted and a Contract formed; the General Terms that will apply to any such Order are the General Terms that applied at the time you placed the Order.

4.1 We aim to deliver products to you at the place of delivery (“Delivery”) requested by you within the estimated timeframe indicated by us when you place your Order, but we cannot absolutely guarantee firm Delivery dates or times. Delivery options are set out here although such information is indicative only, and does not include Orders shipped by Marketplace Sellers. Gift cards will be delivered digitally in accordance with clause 12.

4.2 We will try to let you know if we expect to be unable to meet our estimated Delivery date or time, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed Delivery.

4.3 We will aim to leave the product(s) at the address advised by you at the time of purchase. You must ensure that you are able to take Delivery of the product(s) without undue delay and at any time reasonably specified by us. Our delivery providers may contact you via SMS prior to delivery to provide you with different delivery options, including giving ‘authority to leave’ the product(s) at the address, or have delivery re-routed to a collection point. Alternatively, the courier may leave a card requesting your instructions on either re-delivery or collection from the carrier or a collection point.

4.4 By default, at the time of placing your Order you provide authority to leave products at the address specified in your Order. If the delivery provider deems the area unsafe in their discretion, your Order will be redirected to a collection point, redelivered in the next Delivery run (where available) or returned back to the SHOE-NET Fulfilment Centre. If Delivery or collection is delayed through your unreasonable refusal to accept Delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept Delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
(a) charge you for our reasonable storage fees and other costs reasonably incurred by us; or
(b) no longer make the product available for Delivery or collection and notify you that the applicable Contract is cancelled, in which case we will refund to you any money paid to us in accordance with our returns policy, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees and other costs provided for above).

4.5 It might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service. If we are unable to deliver to your location, we will inform you on the relevant product page, or alternatively use the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.

4.6 Unless otherwise specified by you, all risk in the product(s) shall pass to you upon Delivery. If Delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product(s).

4.7 You must take care when opening packaging so as not to damage the product(s), particularly when using any sharp instruments.

4.8 SHOE-NET actively seeks opportunities to consolidate packages for Orders. If: (a) you place multiple Orders within a certain period of time as determined by us; (b) the Orders are being shipped to the same delivery address; and (c) the Orders are being shipped by the same carrier (for example, all Orders are being shipped via standard post or all Orders are being shipped via express post), we may consolidate the Orders and ship your products to you in one package. If you have purchased a product from a Marketplace Seller, this product may be shipped by the Marketplace Seller and we will not be able to include such product as part of your consolidated Order.

4.9 If you have paid Shipping Fees for one or more Orders that have been consolidated by us under clause 4.8, we will refund the Shipping Fees paid by you to your original payment method in the following scenarios:
(a) If the total value of your consolidated Orders is above the minimum value to be eligible for free standard shipping, we will refund you for any Shipping Fees that you have paid.
(b) If you have paid for premium shipping (such as Premium Swift, Premium Twilight, Express or Saturday Twilight) and the total value of your consolidated Orders is above the minimum value to be eligible for discounted premium shipping, we will refund you the higher amount of Shipping Fees that you have paid.
Note: The total value of your consolidated Order does not include the purchase of gift cards.

5.1 We may terminate a Contract if the product is not available for any reason. We will notify you if this is the case and refund any payment that you have made. We will refund any money received from you using the same method originally used by you to pay for the product. If the refund transaction fails we will advise you of this and make arrangements to process the refund via a different method.

5.2 If you wish to cancel your Order before it has been accepted and a Contract formed, please contact our Customer Service team. Once an Order has been processed, it cannot be cancelled and the product(s) must instead be returned to us in accordance with our returns policy.

6.1 As we are based in Australia and you are buying from an Australian company, we will charge you for your Order in Australian dollars. Prices for products are shown on shoe-net.co.nz in Australian dollars inclusive of New Zealand GST. The actual price charged to New Zealand (“NZ”) customers will be subject to: (i) NZ GST; and (ii) the exchange rate applied by the payment provider you have used. Additionally, your financial services provider or payment provider may charge currency conversion and administration fees on purchases and any refunds we provide. The exchange rate used to determine the amount of the refund (in NZ dollars) shall be the prevailing rate at the time the refund is made (not the original exchange rate). You can find out more information at ird.govt.nz. NZ GST is subject to change in accordance with changes to NZ law.

6.2 Orders shipped to NZ valued at more than NZ$1000 may incur duties, customs charges and fees, such as the High-Value Goods Levy, (including NZ GST, calculated on any import duty and freight) charged by the NZ Customs Service once the Order reaches its destination port. These amounts must be paid by you directly to the NZ Customs service or its authorised service provider. Separate Orders placed on the same day may still be subject to the duties, customs charges and fees, as if they were one Order. You can calculate these expected duties, customs charges and fees using NZ Custom Service duty estimator. We are not responsible for and will not reimburse any of these duties, customs charges or fees. You should contact your local NZ Customs office or you can find out more information on the NZ Customs Service website. Thresholds and rates are subject to change in accordance with changes to NZ law.

7.1 We aim to provide you with products of the highest standard and quality. If you have received a product with a fault or defect, please contact our Customer Service team as soon as possible so we can guide you through the remedy process and help resolve the problem as swiftly as possible. In order to assist with this process, you may be required to send us images of the defect or fault for preliminary assessment. You may be asked to provide further information to support your claim to assist us with our assessment of the product.

7.2 If the product is confirmed to have a defect or fault, then depending on the nature of the defect or fault, we will replace (if a replacement product is in stock and available) or repair the product (if repair is reasonably possible) or refund the price of the product to your original payment method, as appropriate. If the product is confirmed to have a major defect or fault, you are entitled to elect whether you want us to replace (provided that a replacement product is in stock and available) or repair (if repair is reasonably possible) the product or refund the price of the product to your original payment method. If the product is found not to have a defect or fault, deemed out of warranty, or you do not otherwise have a remedy for a failure to comply with the consumer guarantees under the Australian Consumer Law, we will contact you to determine whether you want us to responsibly dispose of the product or return the product to you at your expense.

7.3 It does not constitute a defect or fault if, in our reasonable opinion, a product has become of unacceptable quality following the sale to you due to fair wear and tear, misuse, failure to use in accordance with manufacturers’ instructions, using it in an abnormal way or failure to take reasonable care.

7.4 Due to the nature of products in the RE-SHOE-NET™ range (which currently includes Pre-loved and rescued or repaired products), some products may be sold with imperfections and existing wear and tear. Any details of this nature listed on the relevant page of a product in the RE-SHOE-NET™ range will not be classified as a defect or fault.

10.1 Discount voucher codes and promotional codes are available on the Site or through other marketing providers. Only one voucher code or promotional code can be used or redeemed per Order. We may email voucher/promo codes to you. We accept no liability for errors in the email address provided to us. You are responsible for the use and safety of your voucher/promo codes. We assume no Liability for the loss, theft or, to the extent permitted by law, illegibility of voucher/promo codes including if your email is hacked or subject to unauthorised use. We monitor the issuance and redemption of voucher/promo codes. In the event of fraud, misuse, an attempt at deception (including self-referral) or in the event of the suspicion of other illegal activities in connection with the issuance or redemption of voucher/promo codes, we may close or block access to your Account and/or require a different means of payment.

10.2 Conditions for the redemption of voucher codes and promotional codes include:
(a) From time to time we may release voucher codes and promotional codes that may be used on the Site. Voucher codes and promotional codes are valid only for the specified period stated on them and can only be redeemed in accordance with any special terms stated on them - such as a minimum spend requirements, validity periods and brand, product or sale exclusions. Only one voucher code or promotional code can be used per Order, and some voucher/promo codes may only be used once per voucher/promo code. Voucher/promo codes cannot be used in addition to another voucher/promo code. Voucher codes and promotional codes are discounts provided by SHOE-NET which are distinct promotional strategies that are offered independently without specific regard to your Order and are not intended to represent payment for products by SHOE-NET on your behalf. Voucher/promo codes may not be redeemable if you are placing an Order via a Third-party Checkout.
(b) Certain products, including particular brands or products supplied by a Marketplace Seller, may be excluded from voucher/promo code discounts, and unless specifically stated otherwise, voucher/promos cannot be redeemed for Shipping Fees.
(c) Voucher/promo codes cannot be redeemed for cash or to buy gift cards. If you place an Order for a product less than the value of a voucher/promo code, no refund or residual credit will be returned to you. If the credit of a voucher/promo code is insufficient for the Order you wish to make, you may make up the difference through payment by other means (but not by using another voucher/promo code or attempting to rely on any other offer).
(d) We will apply voucher/promo codes on a pro-rata basis to voucher-eligible products in order to determine the final price you pay for those products. Where you return a product purchased with a voucher/promo code, we will only refund the final price you paid for that product in accordance with clause 8.4. Any voucher/promo code used in an Order that has been returned will not be reissued and will be forfeited.
(e) We actively monitor misuse of voucher/promo codes and reserve the right to deactivate voucher/promo codes or block any person that is not using a voucher/promo code in accordance with its terms.

11.1 Conditions for using store credit include:
(a) Store credits are applied to the Account registered with the same email address used to place your Order. Store credits cannot be transferred to other Accounts.
(b) We will apply store credit on a pro-rata basis across all products in an Order.
(c) We will automatically apply store credits against future purchases before asking you for additional payments. Store credit may not be automatically applied if you are placing an Order via a Third-party Checkout.
(d) Store credit is valid for 36 months (3 years). Any balance that remains after the 36 months will be voided and will not be available for use.
(e) Store credit does not accrue interest, nor can it be redeemed or refunded for cash at any time. If you accept store credit for a cancellation or return, and then purchase further products with that store credit, you will only be able to accept store credit for the subsequent cancellation or return of those products - you will not be able to refund or return those further products for cash.

11.2 If you cancel or return products purchased using store credit:
(a) the refund value of a product is the final price you paid for that product; and
(b) you are only entitled to receive ‘cash’ refunds for the portion of the total Order price you paid for using ‘cash’, and store credit only for the portion paid for using store credits (on a per product basis). For example, where the total Order price is paid:
(i) entirely by store credits - refunds are offered as store credit only;
(ii) entirely by ‘cash’ - refunds offered as 100% store credit or ‘cash’ (at your election); or
(iii) 20% store credits and 80% ‘cash’ - refunds offered as store credit for a minimum of 20% of the refund value (on a per product basis), with the remaining 80% of the refund value offered as 100% store credit or ‘cash’ (at your election).

11.3 If you cancel or return only certain products purchased in bundle deals or multi-buy promotions, any products you do not return will be charged at full price, and the refund amount will be reduced accordingly.

12.1 Gift cards are available for purchase on the Site or via selected retailers in accordance with these General Terms. You may use the gift card to purchase certain products from the Site.

12.2 Conditions for the purchase and redemption of gift cards include:
(a) You may purchase gift cards for use on the Site by you or other customers. Voucher codes, promotional codes and the SHOE-NET Front Row Rewards cannot be used to purchase gift cards. Store credit cannot be used for the purchase of gift cards. Gift cards cannot be used to purchase further gift cards. The purchase of gift cards will not contribute to an Order’s value (consolidated or otherwise) for the purpose of receiving free or discounted shipping.
(b) Gift cards can be redeemed at the checkout or added as store credit to your Account. Gift cards can only be redeemed on the Site in accordance with the special terms stated on them. Please follow the gift card instructions for use. Gift cards may not be available for redemption if you are placing an Order via a Third-party Checkout.
(c) Gift cards are valid for 36 months (3 years) from the date of issuance. Any unredeemed balance that remains on a gift card or on your Account as store credit (where the gift card was added as store credit to your Account) after this 36 month period will be voided and will not be available for use.
(d) The credit on a gift card does not accrue interest nor can it be redeemed or refunded for cash at any time.
(e) If you place an Order less than the value of the gift card, the residual credit will be added to your store credit and can be used for future purchases. The residual credit will remain redeemable for 36 months from the date on which the gift card was issued. If the credit of a gift card is insufficient for the Order you wish to make, you may make up the difference through payment by other means. You may use as many gift cards as you wish in paying for an Order.
(f) Gift cards are excluded from change of mind returns. If you have questions or if you wish to make a complaint about the gift card you have purchased, please contact our Customer Service team.

12.3 We will email gift cards to you or your selected recipient. We accept no liability for errors in the email address provided to us. You are responsible for the use and safety of your gift cards. We assume no Liability for the loss, theft or, to the extent permitted by law, illegibility of gift cards, including if gift cards are used without your permission, if your email or the recipient’s email is hacked or subject to unauthorised use.

12.4 By purchasing a gift card from SHOE-NET, you represent and warrant that:
(a) you have obtained consent from the nominated recipient of the gift card to share their email address and any other contact details for the purpose of delivery of the gift card;
(b) all of the information you provide to us is accurate and complete; and
(c) you will not use the Site for any illegal purpose or in a manner inconsistent with these General Terms.

12.5 Gift card purchases and redemptions may be subject to security checks from time to time, resulting in longer than usual processing times. These checks may regretfully affect delivery timeframes, but are necessary in order to ensure the security of our gift card program. We reserve the right to cancel an Order for a gift card, or place a stop on the gift card delivery if:
(a) your order is not accepted at the nominated email address;
(b) we believe or reasonably suspect that your order is fraudulent or you have otherwise breached these General Terms;
(c) we believe or reasonably suspect that the gift card will be used for a fraudulent or illegal purpose;
(d) we believe or reasonably suspect that the gift card will be used in breach of these General Terms;
(e) you report that the gift card has not been delivered, has been stolen or deleted; or
(f) there is an error with your Order.
If we cancel an Order for a gift card or place a stop on any gift card, we will notify you as soon as possible and at our absolute discretion, may refund amounts paid by you in respect of that gift card.

12.6 In the event of fraud, misuse, an attempt at deception (including self-referral) or in the event of the suspicion of other illegal activities in connection with the issuance or redemption of gift cards, we may also close or block access to your Account and/or require a different means of payment.

12.7 If you cancel or return products purchased using a gift card:
(a) the refund value of a product is the final price you paid for that product; and
(b) you are only entitled to receive ‘cash’ refunds for the portion of the total Order price you paid for using ‘cash’, and store credit only for the portion paid for using gift cards (on a per product basis). For example, where the total Order price is paid:
(i) entirely by gift cards - refunds are offered as store credit only; or
(ii) 20% gift cards and 80% ‘cash’ - refunds offered as store credit for a minimum of 20% of the refund value (on a per product basis), with the remaining 80% of the refund value offered as 100% store credit or ‘cash’ (at your election).

14.1 From time to time we may run promotions on our Site which are subject to both these General Terms and any additional promotion-specific terms which are incorporated into these General Terms by reference. Promotion-specific terms may include conditions in respect of selected styles, brands, colours, collections, purchase periods, purchase methods, minimum spend requirements, bundle discounts, promotions run by other parties, games of chance or games of skill. These promotion-specific terms will be presented here.

14.2 You should ensure that you read the specific conditions that apply to each promotion. By proceeding to purchase you agree and accept the terms of the applicable promotion(s).

14.3 We also undertake joint promotions with third parties from time to time. You should consult the terms of those promotions for full details of such specific joint promotions.

15.1 From time to time we may invite our customers to create, post or share photos, videos, images, text, comments, product reviews, ratings, feedback or other content relating to SHOE-NET, or products, services or campaigns connected with the Site or SHOE-NET’s business, whether:
(a) on social media, including by using a specific hashtag (#), tagging SHOE-NET or responding to one of our posts; or
(b) on the Site, including by submitting a product review, rating or other feedback,
(together, “Content”).

15.2 By submitting Content, you grant SHOE-NET a worldwide, royalty-free, non-exclusive, transferable and sub-licenceable licence to use, reproduce, publish, and adapt your Content for purposes connected with SHOE-NET’s business, including on our Site, social media channels, marketing materials and other digital or physical channels. This licence is granted without compensation to you. You acknowledge and agree that:
(a) You comply with the terms and conditions of the platform you are using to create that Content;
(b) You own all rights in respect of your Content and/or have obtained appropriate rights and consents from any other persons featured in your Content required for SHOE-NET to use it in accordance with these General Terms;
(c) Your Content and social media handle may be featured across our social media platforms as well as our Site, however we make no guarantees that any Content will be published, remain published or be used by SHOE-NET within any particular timeframe. We may remove or stop using the Content at any time and for any reason;
(d) To the extent permitted by law, you consent to SHOE-NET doing or not doing any act or thing in relation to your Content that may otherwise infringe any moral rights you may have in the Content, including enhancing, adapting, editing, cropping, formatting or otherwise modifying your Content. Any such modifications would only occur to the extent deemed reasonably appropriate by us;
(e) You are solely responsible for your Content and the Content does not infringe any third party rights, breach any law, regulation, industry code, platform terms or contain anything false, misleading, deceptive, defamatory, offensive, abusive, discriminatory, obscene, unlawful, confidential or otherwise inappropriate. You will not seek to hold SHOE-NET liable for any demands by a third party related to our use of your Content;
(f) your product reviews, ratings and feedback must reflect your genuine opinion and experience; and
(g) You are at least 18 years old or otherwise have the consent of a parent or guardian.

15.3 You may revoke your permission for us to use your Content at any time by sending a request to press@shoe-net.com.au. Upon receiving such a request, we agree to remove your Content from our online Platforms as soon as reasonably practicable, and removed to the extent technically feasible or practicable. However you acknowledge that removal from public display may not remove all copies of the Content, including where the Content has already been used in marketing materials, archived, retained for legal, compliance or record keeping purposes, or where removal is not technically feasible or practicable.

15.4 All customers must abide by our community guidelines at all times available at shoe-net.com.au (“Community Guidelines”) when submitting Content and when dealing with SHOE-NET, including our Customer Service team. If we reasonably suspect that you have breached the Community Guidelines, or any of these General Terms, we reserve the right to remove your Content, restrict your ability to submit Content, or block, suspend, cancel or delete your Account.

The Site may contain links to external websites that are not operated by us or our related bodies corporate. These links are provided for your convenience only and you agree that:
(a) we make no representations or warranties, or have any responsibility or liability for those websites; and
(b) these links do not indicate, expressly or impliedly, that we endorse the site or the products or services that are provided at those sites.
You agree that you access and use the products and services made available at those sites solely at your own risk.

17.1 This clause prevails over all other clauses, and, to the extent permitted by law (including the Australian Consumer Law), states our entire Liability, and your sole and exclusive remedies, for:
(a) the performance, non-performance, purported performance or delay in performance of these General Terms or a Contract or the Site (or any part of it or them); or
(b) otherwise in relation to these General Terms or the entering into or performance of these General Terms.

17.2 Nothing in these General Terms excludes or limits your statutory rights as a consumer or our Liability for:
(a) fraud;
(b) death or personal injury caused by our Breach of Duty;
(c) any breach of the obligations implied or guaranteed by law (including the consumer guarantees under the Australian Consumer Law); or
(d) any other Liability which cannot be excluded or limited by applicable law.

17.3 In performing any obligation under these General Terms, our only duty is to exercise reasonable care and skill.

17.4 Subject to clause 17.3:
(a) To the extent permitted by law (including the Australian Consumer Law), we do not warrant and we exclude all Liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site or any Third-party Checkout.
(b) We exclude all Liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
(c) You should not rely on any information accessed using the Site or any Third-party Checkout to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
(d) It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.
(e) All products should be used strictly in accordance with any instructions, noting that in some instances instructions should not be considered a substitute for professional medical advice or treatment. You should always check product ingredients or materials, particularly where allergies or sensitivities are known. In the event of any adverse reaction, please discontinue use and seek medical assistance.
(f) We do not accept and hereby exclude any Liability for Breach of Duty other than any such Liability arising pursuant to the provisions of these General Terms.
(g) Despite any other provision of these General Terms to the contrary and to the extent permitted by law (including the Australian Consumer Law), in no event shall we, our affiliates and related entities, our employees, directors or agents, or our suppliers be liable for lost profits or anticipated profits or any punitive, exemplary, special, incidental or consequential loss or damages or the like arising out of or in connection with the Site or any Third-party Checkout, the supply of goods or services or these General Terms (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

You indemnify and hold us and our related entities, affiliates, and our and their respective officers, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of these General Terms or your breach of any law or the rights of a third party.

You acknowledge that you have read our Privacy Policy and understand that it governs your use of the Site and the Site’s related services, including purchasing goods and services from us using the Site or any Third-party Checkout. We may also send you messages and communicate with you electronically as set out in the Privacy Policy.

When you provide us with your email address or mobile phone number, you agree that we may send you electronic marketing messages and tailored advertising (which include marketing communications advertising goods and services) via various channels and media (including by email, SMS, WhatsApp and phone) where you have not opted out (as described below) from receiving such electronic messages sent to you by us via those channels or media. Your agreement to receive electronic marketing messages will be effective until you opt out or unsubscribe.

You may opt out of receiving electronic marketing messages sent by us by: (i) using the unsubscribe facility in any electronic marketing message; (ii) via your Account settings; (iii) contacting us directly; or (iv) as otherwise set out in our Privacy Policy. If you opt out of receiving electronic marketing messages, you will still receive information we are required by law to provide to you, or factual information directly about your Account, Order confirmations, Account transactions or other information relating to products you have purchased or services you have used.

Your consent to receipt of certain communications may also be implied from the use of certain functional aspects of our service.

SHOE-NET Front Row is the customer loyalty program which SHOE-NET operates in accordance with the SHOE-NET Front Row Terms & Conditions. Membership of SHOE-NET Front Row is only available to eligible Account holders. Some existing eligible Account holders will be automatically enrolled into SHOE-NET Front Row based on eligibility criteria relating to purchase and/or Account activity history. You may cancel your SHOE-NET Front Row Profile at any time through the Site as set out in our Privacy Policy (this will not delete your Account).

In the event of any dispute under these General Terms, the parties agree to negotiate in good faith to resolve the dispute. Disputes should be lodged with the Customer Service team at first instance.

22.1 Entire agreement: These General Terms (incorporating the Privacy Policy and the SHOE-NET Front Row Terms & Conditions) contain all the terms agreed between you and us and supersedes and excludes any prior General Terms published on the Site.

22.2 Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these General Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these General Terms to any person.

22.3 Force majeure: We shall not be liable for any breach of our obligations under these General Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by pandemic, lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

22.4 No waiver: No waiver by us of any default of yours under these General Terms shall operate or be construed as a waiver by us of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under these General Terms.

22.5 Notices: Unless otherwise stated within these General Terms, notices to be given to either party shall be in writing and shall be delivered by email supplied by you to us, or to us at our registered office.

22.6 Third party rights: All provisions of these General Terms apply equally to and are for the benefit of SHOE-NET, its subsidiaries, any holding companies of SHOE-NET, its (or their) related bodies corporate and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that these General Terms may be varied or rescinded without the consent of those parties).

22.7 Survival: The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.

22.8 Severability: If any provision of these General Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these General Terms shall not be affected.

22.9 Governing law: These General Terms (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the laws of New South Wales, Australia and both parties hereby submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

23.1 Definitions
In this document, terms are defined either (i) in the body of this document above, (ii) defined as set out below, or (iii) defined in the Privacy Policy, unless the contrary intention appears;
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory laws;

Breach of Duty means the breach of any:
(a) obligation arising from the express or implied terms of a contract to take reasonable care or exercise reasonable skill in the performance of the contract; or
(b) common law duty to take reasonable care or exercise reasonable skill (but not any stricter duty);

Liability means liability in or for Breach of Duty, misrepresentation, restitution or any other cause of action whatsoever relating to or arising under or in connection with these General Terms, including, without limitation, liability expressly provided for under these General Terms or arising by reason of the invalidity or unenforceability of any term of these General Terms (and for the purposes of this definition, all references to these General Terms shall be deemed to include any collateral contract); and

SHOE-NET, we, our, us means Internet Services Australia 1 Pty Ltd (ABN 50 152 631 082) and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, partners, and independent contractors.

23.2 Interpretation
(a) Headings are for ease of reference only and shall not affect the interpretation or construction of these General Terms.
(b) Words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership.
(c) Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
(d) References to “includes” or “including” or like words or expressions shall mean without limitation.