Thank you for visiting the-well-heeled.com

For your information, below you will find i) Terms of Use of www.the-well-heeled.com, ii) The Well-Heeled Privacy Policy, iii) The Well-Heeled Policy for Crediting Images and Other Works, and iv) Affiliate Disclosure Statement

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i) Terms of Use of www.the-well-heeled.com

1. Acceptance of Terms – 

1.1 This Website is owned and operated by EE Business Group Australia Pty Ltd ACN 616 200 974 (‘we’, ‘us’, ‘our’).

1.2 By using our Website or by signing up to our mailing list, you (‘you’) agree to be bound by the following agreement (‘Terms of Use’) between you and us. These Terms of Use incorporate our privacy policy, and govern your access to and use of the Website.

1.3 We may update these Terms of Use by posting the new version on the Website at any time and without separate notice to you.

1. Use of the Website and data – 

You agree to:

(a) comply with these Terms of Use and all applicable laws and regulations;

(b) use the Website in good faith and for personal use only; and

(c) not use the Website in any way that could damage, disable, overburden, impair or compromise it.

2.2 Subscription and email notifications

(a)  You may use the Website to sign up to receive email notifications which may include notifications of changes to the Website, or products and services that we think you will be interested in. If you choose to receive emails from us, you acknowledge and consent to receipt of such emails to your nominated email address.

(b) You may opt out at any time if you no longer wish to receive emails from us. You can do this by contacting us on the details provided at clause 7, or by “unsubscribing” from our emails.

2.3 Podiatric or medical information

(a) You acknowledge that information provided on the Website:
(i) is general in nature;
(ii) is made available for the benefit of the public;
(iii) does not contain all available information; and
(iv) does not constitute medical or podiatric advice, diagnosis or treatment.

(b) We strongly recommend that you seek advice from a qualified health care professional if you have a question about any potential symptoms, medical condition, diagnosis, or treatment, including preventative or prophylactic treatment.

2.4 The Shoe Equation

(a) The Shoe Equation (when active) is designed to give general information and recommendations on shoes suited to particular types of feet and footwear issues. It is not intended to be a medical diagnostic tool, nor a substitute for medical advice.

(b) Product recommendations are based on specifications provided to us by third party footwear vendors and we do not represent or warrant that products referred to, or linked to, on our Website have been tried or tested by us.

(c) In addition to the limitations of liability contained in clause 4, we do not accept responsibility or liability for any error or omission, nor any injury, expense, loss or damage incurred by you or another party as a result of you using or relying upon any information provided, or linked to, the Website.

3. Intellectual Property Rights – 

3.1 The material on the Website is protected under Australian and international copyright and other laws governing protection of Intellectual Property rights. Intellectual Property rights in images, trade marks and other content on the Website are owned by their respective owners. You must not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, create derivative works from, adapt, or edit such materials.

3.2 You may copy (either electronically or in hard copy) material on the Website for non-commercial personal use only.

3.3 Please contact us at hello@the-well-heeled.com if you wish to re-post articles or images from this Website on another site (as opposed to posting a link to this website) as some materials are subject to third party licences.

4. Disclaimers and Limitation of Liability – 

4.1 You use the Website at your sole risk.

4.2 The Website contains general information and material from many different sources. We make no representation and do not warrant that the information provided on the Website is complete, accurate or current.

4.3 Responsibility for Own Actions
You agree to release, indemnify and defend us and our Indemnified Officers against any Claim or Liability from or in relation to:

(a) your own negligence or misconduct;
(b) your use of the Website or reliance on information on the Website;
(c) your breach of any law or infringement of any third party rights including Intellectual Property rights; or
(d) your breach of this agreement or your breach of any warranties under this agreement.

4.4 You indemnify us for any reasonable legal expenses we incur as a result of your breach of these Terms of Use, including expenses for enforcing payment (if applicable), on a solicitor and own client basis.

4.5 Limitation of Liability
To the fullest extent allowable at law:

(a) we only accept liability to you as set out in this clause 4, or as required by consumer or other laws which cannot be excluded by contract;
(b) indirect, special, pure economic or Consequential Loss (whether arising under contract or tort) are expressly excluded under this agreement;
(c) our liability, and liability of our Indemnified Officers under this agreement is limited to (at our election):

(i) supplying the services again; or
(ii) payment of the cost of having the services supplied again; or
(iii) a refund of the amount you paid us for those services.

(d) despite any other provision to the contrary, you agree that our total liability and the total liability of our Indemnified Officers in connection with this agreement whether under contract or tort, will not exceed $100 in any circumstances.

4.6 Nothing in this agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.

5. Links to Third Party Websites – 

This Website may provide links or references to other websites for your convenience. We do not control or endorse these websites, and are not responsible or liable for the accuracy, legality, or any other aspect of the content of such websites or for any damage or injury arising in connection with your access to such websites.

6. Termination of Access – 

If we in our absolute discretion determine that you have committed a breach of these Terms of Use, we may immediately and without further notice to you, suspend your use of the Website, and your subscription to our mailing list, by technical or other means.

7. Violations – 

Please support the Website and report any violations of these Terms of Use by contacting us by email at hello@the-well-heeled.com

8. General – 

8.1 Currency and taxation
Unless otherwise stated, all monetary amounts are expressed in Australian dollars (AUD) exclusive of GST. If any supply under these Terms of Use is or becomes subject to GST, the GST amount is payable in addition to the monetary amounts defined in this agreement.

8.2 Enduring clauses
The parties’ rights and obligations under clause 8.3 will survive the termination of these Terms of Use for whatever reason.

8.3 Jurisdiction
These Terms shall be governed by and construed according to the laws in force in Queensland, Australia, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Queensland

8.4 Severability
If any provision of this agreement is ruled by a court to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision or part provision of this agreement.

8.5 Waiver
Any delay or failure to enforce any rights in relation to a breach by the other party will not be construed as a waiver of those rights.

9. Definitions and Interpretation – 

9.1 Definitions
In these Terms of Use:

(a) Business Day means a day (other than a Saturday or Sunday) upon which banks are ordinarily open for business in Brisbane, Queensland, Australia.

(b) Claim means any claim notice, demand, investigation, action, proceeding, litigation, or judgment however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort (including negligence) or statute and whether involving a party to these Terms of Use or third party.

(c) Consequential Loss includes, without limitation:

(i) loss of data or unauthorised disclosure of data; and
(ii) loss of opportunity, loss of revenue, loss of anticipated profits or savings, expenses incurred through default or breach, wasted overheads, loss of contract, loss of bargain, loss of business, loss of production, loss of use, loss of goodwill, and all other pure economic loss; and
(iii) disappointment, distress, stress, and inconvenience.

(d) Indemnified Officers means, in relation to a party, its directors, employees, contractors, agents and representatives.

(e) Intellectual Property means all intellectual property rights, including copyright, inventions, patents (including patent applications), trade marks (whether registered or not), designs (whether registrable or not), eligible circuit layout rights, domain name licences, know-how, trade secrets, and includes the right to register any intellectual property rights.

(f) Liability means any liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis.

(g) Website means the website which may be accessed at www.the-well-heeled.com

(h) Terms of Use means this agreement including schedules and appendices, if any.

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ii) The Well-Heeled Privacy Policy

This privacy policy sets out how EE Business Group Australia Pty Ltd (ACN 616 200 974) T/A The Well-Heeled Co. (‘we’, ‘us’, ‘our’) collect, use and disclose your personal information. We are committed to ensuring your personal information is protected and we believe you have a right to know our practices regarding the information we learn and collect about you.  

We may amend this privacy policy from time to time by updating this page of our website.  

Our privacy policy is drafted in accordance with Privacy law and the Australian Privacy Principles. This information is available from the Federal Privacy Commissioner’s website at www.privacy.gov.au

When we collect your personal information

We only collect your personal information when you provide it to us. When you submit this information, use or access our website, or other online channels (such as social media), you are giving consent to its collection, use and disclosure as set out in this policy.

If you do not wish for us to collect your information please do not provide it to us.

What information do we collect?

We may collect:

• your name and contact details;
• information you give us while making any purchase on our website or using a sign up form;
• how you use our website and engage with our marketing material; and
• if you contact us to request information or to make a complaint, we may collect information about your request or complaint.

We generally collect personal information, which is information that can be used to identify you, only when we reasonably need to as part of the ordinary functions of our business (such as processing an order)

Please note, you do not have an obligation to disclose your Personal Information to us. However, this may render us unable to provide you with our products and services, should the provision of these depend on the collection of information, or as required by law.

If you wish, you can deal with us anonymously (without giving us your name and contact details) or by using a pseudonym or nickname. However, if you do not use your real name, there may be certain things we cannot do, such as deal with a complaint you may have or securely deliver a parcel.

While unlikely, if your Personal Information is accessed or collected from another source, we will take all reasonable steps to make you aware of the following:

• The fact that your Personal Information has been collected by us and from which source
• Why your Personal Information was collected, including any law requiring us to do so
• Whether this information is to be further disclosed, and to whom
• How you can contact with us regarding the collection of your Personal Information, including gaining access to the information

How do we collect it?

As you may expect, we collect information directly from you. For example, we may record the information you submit in a contact form via our website, when you subscribe to receive emails from us or use a signup form, when you make a purchase from our website, or when you submit your contact details through our website in another way. Your information may also be collected in additional ways, such as:

1. when you submit your information to us through other online channels (such as our social media channels), or when you submit information by participating in giveaways, competitions, events, promotions, surveys or questionnaires
2. when required, from third parties (including but not limited to government agencies, credit reporting bodies, business partners, or other related service providers ); and
3. from sources where you have made your personal information publicly available (including, but not limited to, social media sites).

Cookies

We may also collect information about how you access and interact with our website through the use of Internet cookies and similar tracking technologies. A “cookie” is a small text file which is placed on your internet browser and which we access each time you visit our website. We use cookies to remember your preferences and learn about how you use our website.

Why do we collect it?

We collect and use personal information for the following purposes:

• to better understand your needs so that we can improve our website and provide you with the most relevant information;
• to facilitate product purchases;
• so we can respond to any requests you may have;
• so that we can let you know about products, deals and any other information we consider may interest to you (where you have given express or implied consent to receive direct marketing);
• hosting and maintaining the website; and
• maintaining prudent business records and practices.

We use third party gateways, such as PayPal and Stripe, to process payments for purchases made on our website. We will never access or store your credit card or payment details on our server or website.

When will we disclose your personal information?

We will not use or disclose your personal information to third parties for any purpose other than:

• as set out in this privacy policy, and any reasonably related purposes;
• as required or permitted by law; or
• a purpose you’ve specifically consented to.  

Storage and security  

We take reasonable steps to ensure that any personal information we collect is protected from unauthorised access, modification or disclosure. We do this by ensuring we have appropriate security measures in place, such as maintaining secure network systems and keeping any paper-based records in a secure location. No data transmitted over the Internet can be guaranteed as 100% secure, however we will take all reasonable steps to ensure the personal information you transmit to us is protected.

When we no longer require your personal information, we will destroy it.

Direct marketing

If you subscribe to receive our newsletter, use a sign up or subscription form on our website or through social media, or where we otherwise have your express or implied consent, we may use your personal information to send you marketing material about our products and services, updates, offers, and any other information that may be of interest to you.

Depending on the information you provided, this information may be sent to you via various channels, including but not limited to: mail, email, SMS, telephone, social media or other online channels. This includes customising digital content displayed to you on our website, social media or other online channels.

If you no longer wish to receive direct marketing from us, you can opt out at any time by:

(a) using the unsubscribe facility included  in all our electronic marketing messages (eg email, SMS)

or (b) by contacting us at hello@the-well-heeled.com;

While removing you from our direct marketing database, these actions may not remove you from our customer rewards programs (unless requested), or from receiving any social media or other online channels communications, including customised online content.

Links on our website

Our website contains links to third party websites, such as footwear retailers. As you might expect, the terms of this privacy policy does not apply to those websites. We recommend that you contact them directly if you have any queries about how they handle personal information.

Complaints  

If you have any concerns about how we collect or handle personal information please email us at hello@the-well-heeled.com  and we will investigate and respond.

More Information

More information about Privacy law and the Australian Privacy Principles is available from the Federal Privacy Commissioner’s website www.privacy.gov.au

iii) The Well-Heeled Policy on Crediting Images and Other Works

Where permitted under copyright laws, we like to share beautiful imagery on the-well-heeled.com (usually via our blog, social media or other online channels).

We will always endeavour to credit images and other works which are not ours, including links to the owner/original creator.

If you have seen your image or other content you would like credited or removed please contact us at hello@the-well-heeled.com

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iv) Affiliate Disclosure

As you may have noticed, we use affiliate links on our website and these links may use cookies. This means that we earn a small commission from any sale made from these links. Please note, this does not cost you anything or change the price of the product. It does, however, helps us greatly to maintain the costs which keep the site running. Thank you for your support.