Just Comfort Shoes Terms and Conditions of Trade and Website Use
"Just Comfort Shoes" means JC & IS Enterprises Pty Ltd as trustee for JC & IS Enterprises Family Trust (ABN 76 792 642 957) trading as Just Comfort Shoes.
Just Comfort Shoes is a comfort footwear retailer operating at 155 Brisbane Rd, Mooloolaba, QLD 4557, online at justcomfortshoes.com.au, by phone, and on a mobile basis at pop-up shops and by private visitation.
Just Comfort Shoes does not provide products or services to residents of or people located in the European Union. People in these categories are not permitted to use the website to contact us or send information.
Please read these Terms and Conditions carefully and contact us if you have any questions.
By accessing or using this Website, you become a user (“User”).
As a User of the Website, you agree that you have read and understood these Terms and Conditions and agree to be bound by them ("Agreement"), whether or not you or anyone else creates a User Account for you on the Website. Just Comfort Shoes reserves the right to alter, modify, add to or change in any way, any provision of these Terms and Conditions and may, in its absolute discretion, limit or expand the services available via the Website without giving prior notice to Users.
Users are solely responsible for compliance with any applicable laws of the country from which they access this Website.
Proprietary Rights in the Website
All material on the Website, including but not limited to underlying software, code, design, text, graphics, video, audio and other files is owned by, licensed to, or controlled by Just Comfort Shoes ("JCS Materials"). All rights are reserved. No JCS Materials may be downloaded, copied, modified, distributed, framed, reproduced, republished, displayed, posted, transmitted, sold or monetised in any form or by any means, in whole or in part, other than as occurs in the normal course of browsing the Website or as explicitly offered in instructions the Website contains. In order to help prevent spam, all users of the website agree not to publish email addresses of Just Comfort Shoes in any kind of media without prior written permission.
All trademarks, logos, trade dress and service marks on the Website are either trademarks or registered trademarks of Just Comfort Shoes or third parties. These may not be copied, imitated, or used, in whole or in part, without the prior written consent of Just Comfort Shoes.
By accessing the Just Comfort Shoes website at www.justcomfortshoes.com.au or the data on its server:
- the owners, officers, directors, employees and agents of entities publishing information about Just Comfort Shoes without prior written permission of Just Comfort Shoes or without committing to keeping the data up to date (without requiring Just Comfort Shoes to perform this action for them) agree to be permanently prohibited from using any information about Just Comfort Shoes from any source in any way for any purpose whatsoever without paying a fee to be set by Just Comfort Shoes in its sole discretion as a penalty for breaching this agreement, unless prior written permission is obtained from Just Comfort Shoes;
- the owners, officers, directors, employees and agents of entities publishing information about Just Comfort Shoes agree to be prohibited from using any API in any technology that re-publishes data about Just Comfort Shoes in any kind of media without prior written permission from Just Comfort Shoes;
- the owners, officers, directors, employees and agents of the following websites who access this website agree to be subject to the same two prohibitions above: yelp.com, yelp.com.au, aussieweb.com.au, superpages.com, superpages.com.au, supermedia.com.au, yooying.com, australianplanet.com, tuugo.biz, all-opening-hours.com.au, pinkpages.com.au, yellow.place, oino.site, ibizprofile-au.com, smea.org.au, globuya.com, piknu.com, truelocal.com.au, sensis.com.au and dlook.com.au.
Online User Accounts
The processes of buying from Just Comfort Shoes online, registering for a login with the website's customer chat system, or the Weebly, Shopify or Acuity Scheduling systems or their related apps as associated with the website, or signing up online for an email, postal or SMS newsletter, or using a website form or any other web functionality to submit information or make an enquiry or order a product or service, whether or not free of charge, through the Website, shall constitute setting up an Online User Account for the purposes of these Terms and Conditions, regardless of whether a login is issued.
The User is solely responsible for maintaining the confidentiality of any login credentials pertaining to their User Account and for all activities that occur under their User Account.
The User agrees not to share, syndicate, reproduce, or otherwise disseminate information from any other User Profile connected with the Website or its associated online systems without the express written consent of the relevant User.
The User must notify Just Comfort Shoes immediately if they believe their User Account login has been compromised.
Just Comfort Shoes shall not be liable for any loss or damage that the User incurs as a result of a security breach of their User Account. The User may be liable for loss or damage that the Website or Just Comfort Shoes incurs as a result of such security breaches found to have resulted from any act or omission of the User.
The Website is provided on an "as is" basis and without representations or warranties of any kind to the User, whether express or implied, including without limitation as to the quality and/or fitness of the Website for a particular use or warranties that access or use of the Website will be uninterrupted or error-free, or that the Website will be secure or free of viruses or other harmful material or elements, or that any of the JCS Materials will be correct, accurate, timely or complete.
The JCS Materials may include technical inaccuracies or typographical or other types of errors. Just Comfort Shoes has the right to make changes, modifications and updates to any JCS Materials contained on the Website without prior notice.
Just Comfort Shoes is in no way responsible for the following: the conduct and behaviour of any User, whether on the Website or otherwise; the consequences of any malfunction of any equipment or programming associated with the operation of the Website.
There may be times when the Website is temporarily unavailable to the User due to maintenance or reasons beyond the control of Just Comfort Shoes. In the event that the Website is unavailable, Just Comfort Shoes is in no way responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, and unauthorised access to or alteration of User communications or contributions. Customers concerned about the results of any interrupted purchases are encouraged to contact us.
Under no circumstances will Just Comfort Shoes be responsible for any loss or damage, including but not limited to personal injury or death, resulting from the User’s use of the Website, any user material in connection with the Website or any interactions between Users of the Website, whether occurring on the Website or otherwise.
THE USER WARRANTS THE FOLLOWING:
THAT THEY ARE OVER THE AGE OF EIGHTEEN (18) YEARS OR, IN THE EVENT THAT THEY ARE UNDER THE AGE OF EIGHTEEN (18) YEARS, THAT THEY HAVE THEIR PARENT/GUARDIAN’S CONSENT TO USE THE WEBSITE;
THAT JUST COMFORT SHOES SHALL NOT BE IN ANY WAY LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR LOSS OF MONEY, GOODWILL, REPUTATION OR DATA ARISING FROM THE USER’S USE OF THE WEBSITE; AND
THAT THE USER WILL NOT HOLD JUST COMFORT SHOES RESPONSIBLE FOR OTHER USERS’ ACTS OR OMISSIONS, INCLUDING ANYTHING IN CONNECTION WITH JCS MATERIALS.
THE USER AGREES THAT JUST COMFORT SHOES CANNOT GUARANTEE CONTROL OVER THE QUALITY OF THE COMMUNICATIONS, JCS MATERIALS, OR ACCURACY OF INFORMATION CONTAINED ON THE WEBSITE.
THE USER ALSO AGREES THAT JUST COMFORT SHOES DISCLAIMS ANY AND ALL LIABILITY FOR THE QUALITY OF THE COMMUNICATIONS, JCS MATERIALS, AND ACCURACY OF INFORMATION CONTAINED ON THE WEBSITE.
The User indemnifies Just Comfort Shoes, and holds its owners, officers, directors, employees and licensors harmless from any and all claims, demands and damages (including but not limited to legal fees) made by a third party due to or arising from or related to the User’s violation of these Terms and Conditions or the User’s violation of any laws, regulations or third-party rights.
The User indemnifies Just Comfort Shoes, and holds its owners, officers, directors, employees and licensors harmless from any and all claims, demands and damages (including but not limited to legal fees) made by a third party in the event that any content or information contained on the Website is incorrect or in any way misleading.
The User hereby indemnifies Just Comfort Shoes, its owners, officers, directors, employees and licensors against any loss or damage suffered in the event that any aspect of the Website does not function as intended for any reason beyond the reasonable control of Just Comfort Shoes and particularly in connection with:
(a) service interruptions caused by an internet service provider;
(b) an internet connection;
(c) any fault or deficiency in computer hardware or software; or
(d) any fault or deficiency in audio/visual hardware.
Should Just Comfort Shoes, in its sole discretion, determine that any party has breached these Terms and Conditions, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.
The User acknowledges that this Agreement is personal to him/her and cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of Just Comfort Shoes. Just Comfort Shoes reserves its right to assign the provisions of this Agreement at any time in its sole discretion.
Without limiting the generality of any other clause contained in this Agreement, Just Comfort Shoes may terminate this Agreement immediately by notice in writing:
(a) if the User is in breach of a material term of this Agreement; or
(b) for any of the reasons stated within this Agreement.
Termination by Just Comfort Shoes pursuant to this clause shall not relieve the User of his or her obligation to pay all amounts due and payable at the date of termination.
If notice of termination is given to the User, Just Comfort Shoes may, in addition to terminating the Agreement:
(a) disable the User Account in order to prevent the User accessing files stored therein;
(b) retain any monies paid to Just Comfort Shoes by the User;
(c) be regarded as discharged from any further obligations under this Agreement; and
(d) pursue any additional or alternative remedies provided by law.
This Agreement, including the documents listed above which it incorporates, constitutes all the Terms and Conditions agreed upon between the User and Just Comfort Shoes and supersedes any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Governing Law and Jurisdiction
These Terms and Conditions, as well as the access and use of the Website, shall be governed by and construed in accordance with the laws of Queensland, Australia. By accessing and using the Website, the User accepts that any dispute under these Terms and Conditions or arising out of access and/or use of the Website shall be subject to the exclusive jurisdiction of the Queensland Courts in Australia, and by accessing and/or using the Website, Users hereby submit to the jurisdiction of such courts for such purposes.
This document was last updated at 8.26am AEST on Thursday, September 12, 2019.