Terms and Conditions
Welcome to Flxtoe.com and Flxtoe.com.au (both shall collective be referred to as ‘Flxtoe’). These Terms and Conditions of Use (the “Terms and Conditions”) are a legal agreement between you and Flxtoe Pty Ltd, governing your use of Flxtoe products & Flxtoe. Please read them carefully. If you visit, become a customer, post content or shop at Flxtoe, you accept these Terms and Conditions.
In addition to the Terms and Conditions, you may be subject to other terms and conditions that apply to purchases of goods or to specific portions or features of Flxtoe, including but not limited to contests, promotions or other features.
If you are under the age of 18, you may only make payments on Flxtoe with the direct supervision and approval of your parent or legal guardian. You should review these Terms and Conditions with your parent or legal guardian before you make any purchases to be sure you and your parent or legal guardian understand them.
Flxtoe can amend these Terms and Conditions by posting the amended terms on Flxtoe.com & Flxtoe.com.au, which take effect when we post them. It is your responsibility to check the Terms and Conditions periodically for changes. We may also email updates and reminders of our policies from time to time. By continuing to access or use Flxtoe after any such amendment, you agree to be bound by the terms of the amended Terms and Conditions.
Every effort has been made to ensure the information contained on the Website is correct, however Flxtoe makes no warranty as to the accuracy, comprehensiveness, or correctness of any products on the Website, and provides all products on an “as is” basis.
Definitions & Interpretation
In the interpretation of this Agreement, the following words and phrases have the following meanings:
- “Flxtoe Pty Ltd” means Flxtoe Pty Ltd A.C.N. 614 016 509, its successors and permitted assigns and the expressions “we”, “us” and “our” have a corresponding meaning;
- “Flxtoe” means both Flxtoe.com and Flxtoe.com.au;
- “Products” means the patent pending offerings from Flxtoe Pty Ltd
- “Purchaser” means the entity who is over 18 submitting a payment for any Flxtoe product;
- “User” means the final wearer of the product;
- “Intellectual Property Rights” means all industrial and intellectual property rights throughout the world, including any inventions, copyright, patents, trade marks, designs, trade secrets, know-how, domain names and any right to registration, or any application or right to apply for registration, of such rights in any of the same;
- “Price” means the sum stated on the web site which includes GST & postage, in AUD.
Flxtoe, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.
You may use the content of this Website only for the purpose of shopping on this Website or placing an order on this Website and for no other purpose.
Your Use of Content
All materials on Flxtoe, including without limitation to product, data, tags, text, audio, graphics, user interfaces, visual interfaces, photographs, images, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”) and the arrangement thereof is owned, controlled or licensed by or to Flxtoe, and is protected by copyright, trademark, trade dress, patent laws and various other intellectual property rights and unfair competition laws. All Content is provided on “as is” basis.
You may access Content for your information and personal use solely through the provided functionality of Flxtoe and as permitted under these Terms and Conditions. No Content provided by Flxtoe may be used, copied, reproduced, republished, uploaded or distributed in any way to any other computer, website, medium for publication, broadcast or distribution or for any public, business or commercial purpose, without Flxtoe’s express prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Flxtoe without express written consent. You may not use any meta tags or any other “hidden text” utilizing Flxtoe’s name or trademarks without the express written consent of Flxtoe Pty Ltd. Any unauthorised use terminates the permission or license granted by Flxtoe. You agree not to circumvent, disable or otherwise interfere with security-related features of Flxtoe.com & Flxtoe.com.au or features that prevent or restrict use or copying of any Content or enforce limitations on use of Flxtoe or the Content therein. If you would like permission to use any of the Content, please contact us in writing through our web site.
In your use of Flxtoe, you will comply with all applicable laws. Flxtoe reserves the right to discontinue any aspect of Flxtoe at any time.
All products listed are in Australian Dollars (AUD) and include:
- Postage worldwide (with the agreement of a third party courier company of Flxtoe’s discretion). If you are located in a country where Flxtoe’s courier company does not ship to, a further cost to the purchaser might be incurred;
- The purchaser agrees to provide a legitimate postage address;
- The purchaser shall be over 18 years of age;
All items purchased are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. All shipments use tracking information.
Disclaimer of Warranties and Limitation of Liability
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY FLXTOE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FLXTOE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FLXTOE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLXTOE DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; ITS SERVERS; OR E-MAIL SENT FROM FLXOE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLXTOE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU SPECIFICALLY ACKNOWLEDGE THAT FLXTOE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Flxtoe, its owners, subsidiaries, direct and indirect affiliates, officers, directors, attorneys, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to Flxtoe.com & Flxtoe.com.au; (b) your violation of any term of these Terms and Conditions; (c) your violation of any third party right, including without limitation any copyright, property or privacy right; or (d) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of Flxtoe and all products produced by Flxtoe Pty Ltd.
You agree that Flxtoe may, without prior notice, immediately terminate, limit your access to or suspend your Flxtoe.com (including Flxtoe.com.au) account and access to Flxtoe. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the Terms and Conditions or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to Flxtoe (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, or (f) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions shall be made in Flxtoe’s sole discretion and that Flxtoe shall not be liable to you or any third party for any termination of your account or access to Flxtoe.
In the event your account is terminated for any reason, all applicable sections of these Terms and Conditions shall continue to apply.
By visiting Flxtoe, you agree that the laws of the State of South Australia, Australia, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Flxtoe Pty Ltd. You agree to the personal jurisdiction and venue in the state and federal courts located in Adelaide, South Australia, and waive any objection to such jurisdiction or venue. Flxtoe Pty Ltd makes no representations that Flxtoe.com (including Flxtoe.com.au) or any Content is appropriate or available for use in other locations. Those who access or use Flxtoe from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Once you have placed your order, Flxtoe are unable to cancel, add, remove or make changes to your order including your delivery details, items, colours, sizes or removing the items from your order.
Flxtoe also reserves the right to cancel your order if:
- You provide an unauthorised credit card;
- We are unable to process payment on the credit card provided;
- You provide invalid personal details;
- If, when required, you cannot provide acceptable proof of identity;
- The product has become unavailable;
- If, for any reason, we don’t reasonably believe we can successfully complete delivery.
Flxtoe will not provide refunds or returns. Once an order is placed by the purchaser or user, it is agreed by all parties to make the payment for product shipment.
Credit Card Payment
Provision of credit card information as payment for the product/s constitutes an agreement for your purchase of the selected product/s.
You must not pay or attempt to pay for product/s using fraudulent credit card information.
As an aide to fraud prevention we may require proof of identification of the cardholder prior to releasing the order.
The purchaser will be the either the parent or legal guardian of the user. If the user is over 18, they can be both the purchaser & user. The purchaser & user understand and agree to follow the guidelines below:
- The product is to be worn over toes;
- The product should be cleaned in warm soapy water (not to be washed in other chemical cleaners);
- The product should be cleaned regularly (daily if possible);
- The product should be used with advice from a doctor of podiatric medicine;
- The user agree to stop using the product if it causes any irritation, inflammation or any other medical condition;
- The product might require a sock to keep the product in place during the night;
- The purchaser & user agree to use the product as it is designed;
- The purchaser will ensure the user’s toes do not grow larger than the products internal size;
- The purchaser & user will ensure the right size is selected;
- The product is not to be used for any other purpose.
Reviews and Comments
You may post reviews and make comments on the ‘contact us’ section on our Website. The content however must not be illegal, obscene, threatening, defamatory, infringing of intellectual property rights, invasive of privacy, or otherwise objectionable to third parties and is not permitted to consist of or contain software viruses, commercial solicitation, mass mailings, or any form of “spam.” Flxtoe reserves the right to remove such content at any time, and without notice to you.
If you post content, and unless we indicate otherwise, you grant Flxtoe a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such content on its Website and on any other marketing material Flxtoe may create.