Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Shoe Sherlock, a service operated by Origae as a sole trader based in Queensland, Australia ("Shoe Sherlock", "we", "us", or "our").

By accessing, browsing, or using the Shoe Sherlock website located at shoesherlock.com (the "Website") or any related services, applications, or platforms (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms, together with our Privacy Policy, which is incorporated herein by reference.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Services following any changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

2. Eligibility and Account Requirements

2.1 Age Requirements

You must be at least eighteen (18) years of age to use our Services. If you are under eighteen (18) years of age, you may only use the Services with the involvement and consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

By using the Services, you represent and warrant that you meet these eligibility requirements. If you are a parent or guardian consenting on behalf of a minor, you accept full responsibility for that minor's use of the Services and agree to be bound by these Terms.

2.2 Account Registration

Certain features of our Services may require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information;
• Maintain and promptly update your account information;
• Maintain the security and confidentiality of your login credentials;
• Accept responsibility for all activities that occur under your account;
• Notify us immediately of any unauthorised use of your account.

We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, third parties, or the integrity of our Services.

3. Description of Services

Shoe Sherlock provides a shoe recommendation and matching service that helps users discover athletic footwear based on user-provided preferences, activity types, physical characteristics, and other factors ("Recommendations"). Our Services include, but are not limited to:

• A shoe finder quiz and matching algorithm;
• Shoe product information and comparisons;
• Links to third-party retailers;
• Educational content about athletic footwear;
• Premium subscription features.

4. Critical Disclaimers Regarding Recommendations

4.1 Recommendations Are Suggestions Only

All Recommendations provided by Shoe Sherlock are general suggestions only and should not be relied upon as professional, medical, podiatric, orthopedic, physiotherapy, or any other form of expert advice.

Our Recommendations are generated by an algorithm based on the information you provide and general shoe characteristics. They do not take into account your specific medical history, physical conditions, injuries, biomechanical issues, or other individual factors that may be relevant to your footwear needs.

4.2 No Professional Advice

Shoe Sherlock does not provide medical, health, fitness, podiatric, orthopedic, or any other professional advice. Our Services are informational and educational only. Nothing on this Website or in our Services should be construed as:

• Medical or health advice;
• Professional podiatry or orthopedic recommendations;
• Physiotherapy or biomechanical analysis;
• Diagnosis or treatment of any condition;
• A substitute for professional consultation.

4.3 Consult Professionals Before Purchasing

We strongly recommend that you consult with qualified healthcare professionals, podiatrists, physiotherapists, or footwear specialists before purchasing any athletic footwear, particularly if you:

• Have any existing foot, ankle, knee, hip, or back conditions;
• Have diabetes or circulatory issues;
• Have previously experienced injuries related to footwear;
• Require orthotics or specialised footwear;
• Are recovering from surgery or injury;
• Have any biomechanical concerns;
• Are pregnant or have recently given birth;
• Are training for high-intensity or endurance activities.

4.4 No Guarantee of Accuracy or Results

We do not guarantee the accuracy, completeness, reliability, suitability, or availability of any Recommendation, product information, or content on our Website.Specifically, we make no representations or warranties that:

• Any recommended shoe will be suitable for your needs;
• Any recommended shoe will prevent injury;
• Any recommended shoe will improve your performance;
• Any recommended shoe will be comfortable for you;
• Product information is accurate or up-to-date;
• Prices, availability, or retailer information is current;
• Our algorithm will produce optimal results for your circumstances.

4.5 Assumption of Risk

You expressly acknowledge and agree that your use of any Recommendation, and any purchase or use of footwear based on our Recommendations, is entirely at your own risk.Athletic activities carry inherent risks of injury regardless of the footwear used. You assume all risks associated with your athletic activities and footwear choices.

4.6 Individual Results Vary

Footwear suitability is highly individual and depends on numerous factors including, but not limited to, foot shape, gait pattern, activity type, body weight, terrain, training intensity, and personal preference. A shoe that works well for one person may not work well for another. Our Recommendations cannot account for all individual variations.

5. Third-Party Content and Links

5.1 Third-Party Retailers

Our Website may contain links to third-party retailer websites where you can purchase recommended products. These links are provided for your convenience only.We have no control over, and assume no responsibility for:

• The content, privacy policies, or practices of third-party websites;
• The accuracy of product information on third-party websites;
• The pricing, availability, or quality of products sold by third parties;
• Any transactions you enter into with third-party retailers;
• The delivery, returns, refunds, or customer service of third-party retailers;
• Any products you purchase from third-party retailers;
• Any disputes between you and third-party retailers.

Your dealings with third-party retailers are solely between you and the relevant retailer. We strongly encourage you to review the terms and conditions and privacy policies of any third-party website before making a purchase.

5.2 Affiliate Relationships

We may receive commissions or other compensation when you click on links to third-party retailers or make purchases through those links. This does not affect the price you pay and does not influence our Recommendations. We are not affiliated with, endorsed by, or officially connected with any shoe manufacturers or retailers unless expressly stated.

5.3 Product Information

Product information, images, specifications, and descriptions displayed on our Website are provided for informational purposes only. This information may be sourced from manufacturers, retailers, or other third parties. We do not warrant the accuracy, completeness, or currency of this information. Always verify product details with the retailer before purchasing.

6. Payments and Subscriptions

6.1 Subscription Services

Certain features of our Services require a paid subscription ("Premium Subscription"). By subscribing to a Premium Subscription, you agree to pay the applicable fees as displayed at the time of purchase.

6.2 Payment Processing

The way your payment is processed depends on where you subscribe:

• Website: Payments are processed by our third-party payment processor, Stripe. By making a payment, you agree to Stripe's terms of service and privacy policy.
• iOS app: Subscriptions purchased within our iOS app are processed by Apple through In-App Purchase and are governed by Apple's terms and the payment method linked to your Apple ID. We do not receive your card details for these purchases.

In all cases, we do not store your complete credit card information on our servers.

6.3 Automatic Renewal

Premium Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You authorise us to charge your payment method on file for the renewal amount.

6.4 Cancellation

You may cancel your Premium Subscription at any time. Cancellation will take effect at the end of your current billing period, and you will retain access to Premium features until that time. How you cancel depends on where you subscribed:

• Website subscriptions: cancel through your account settings or by contacting us.
• iOS app subscriptions: manage and cancel through your Apple ID subscription settings on your device. Refunds for App Store purchases are handled by Apple in accordance with Apple's policies.

6.5 Refunds

Subject to Australian Consumer Law, subscription fees are generally non-refundable. However, if you believe you are entitled to a refund under Australian Consumer Law, please contact us at origae.dev@gmail.com.

6.6 Price Changes

We reserve the right to change our subscription prices at any time. Price changes will not affect your current subscription period but will apply to subsequent renewals. We will provide reasonable notice of any price changes.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Website and all content, features, functionality, and Services, including but not limited to:

• The Shoe Sherlock name, logo, and branding;
• Our recommendation algorithms and matching technology;
• Website design, layout, and user interface;
• Text, graphics, images, and other content;
• Software, code, and databases;
• Compilation of product information;

are owned by or licensed to Shoe Sherlock and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2 Limited Licence

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Website and Services for your personal, non-commercial use only. This licence does not include the right to:

• Modify, copy, or create derivative works of our content;
• Use any data mining, robots, or similar data gathering methods;
• Reverse engineer our algorithms or software;
• Use our content for commercial purposes;
• Remove any copyright or proprietary notices;
• Transfer or sublicense your rights under this licence.

7.3 Trademarks

"Shoe Sherlock" and our logo are trademarks of Shoe Sherlock. Other product and company names mentioned on the Website may be trademarks of their respective owners. Use of third-party trademarks is for identification purposes only and does not imply endorsement or affiliation.

8. User Conduct and Prohibited Uses

You agree not to:

• Use the Services for any unlawful purpose;
• Violate any applicable laws or regulations;
• Impersonate any person or entity;
• Provide false or misleading information;
• Interfere with or disrupt the Services or servers;
• Attempt to gain unauthorised access to any part of the Services;
• Use automated systems to access the Services without permission;
• Transmit viruses, malware, or other harmful code;
• Collect or harvest user data without consent;
• Use the Services to compete with us or for any commercial purpose;
• Circumvent any security measures;
• Engage in any activity that could damage our reputation or goodwill.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We expressly disclaim all warranties, including but not limited to:

• IMPLIED WARRANTIES of merchantability, fitness for a particular purpose, and non-infringement;
• WARRANTIES OF ACCURACY - that any information, content, or Recommendations will be accurate, reliable, or complete;
• WARRANTIES OF AVAILABILITY - that the Services will be uninterrupted, timely, secure, or error-free;
• WARRANTIES OF RESULTS - that the results obtained from using the Services will meet your requirements or expectations;
• WARRANTIES REGARDING THIRD PARTIES - any warranties relating to third-party products, services, or content.

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy conferred on you by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.

10. Limitation of Liability

10.1 Exclusion of Liability

IN NO EVENT SHALL SHOE SHERLOCK, ITS OPERATOR, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
• LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS;
• LOSS OF DATA OR DATA BREACH;
• PERSONAL INJURY OR PROPERTY DAMAGE arising from your use of or inability to use the Services;
• PHYSICAL INJURY OR HARM allegedly caused by or related to any footwear purchased based on our Recommendations;
• ANY CLAIM RELATING TO PRODUCTS purchased from third-party retailers;
• ANY RELIANCE ON RECOMMENDATIONS provided through our Services;
• ANY MATTER BEYOND OUR REASONABLE CONTROL;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• The total amount of fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim; or
• One hundred Australian dollars (AUD $100.00).

10.3 Essential Purpose

You acknowledge that the fees charged for our Services reflect the allocation of risk set forth in these Terms, and that we would not provide the Services without these limitations on our liability.

10.4 Consumer Guarantees

Where Australian Consumer Law applies and goods or services are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, our liability is limited (at our option) to:

• For goods: replacement, repair, or payment of the cost of replacing or repairing the goods;
• For services: supplying the services again or payment of the cost of having the services supplied again.

11. Indemnification

You agree to indemnify, defend, and hold harmless Shoe Sherlock, its operator, employees, agents, contractors, affiliates, and licensors ("Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable legal fees) arising out of or relating to:

• Your use of the Services;
• Your violation of these Terms;
• Your violation of any rights of another person or entity;
• Your violation of any applicable laws or regulations;
• Any content or information you provide through the Services;
• Your purchase or use of any footwear based on our Recommendations;
• Any claim that your use of the Services caused injury or damage to a third party;
• Any dispute between you and a third-party retailer;
• Your negligence or wilful misconduct.

We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defence of such claims.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution process, you agree to first contact us at origae.dev@gmail.com to attempt to resolve the dispute informally. We will endeavour to resolve disputes through good faith negotiation within thirty (30) days.

12.2 Mediation

If informal resolution is unsuccessful, you agree to attempt to resolve any dispute through mediation administered by the Australian Disputes Centre (ADC) before pursuing other remedies. The costs of mediation shall be shared equally between the parties unless otherwise agreed.

12.3 Jurisdiction and Venue

Any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the courts of Queensland, Australia, and you consent to the personal jurisdiction of such courts.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Nothing in these Terms excludes, restricts, or modifies consumer rights under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other applicable Australian consumer protection legislation that cannot be excluded.

14. Termination

14.1 Termination by You

You may terminate your account at any time by contacting us at origae.dev@gmail.com or through your account settings.

14.2 Termination by Us

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

14.3 Effect of Termination

Upon termination, your right to use the Services will cease immediately. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Shoe Sherlock regarding the use of the Services, superseding any prior agreements.

15.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, severed from these Terms, and the remaining provisions shall continue in full force and effect.

15.3 Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us.

15.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

15.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.

15.6 Relationship of Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and Shoe Sherlock.

15.7 Notices

We may provide notices to you by email to the address associated with your account or by posting on the Website. You may provide notices to us by email at origae.dev@gmail.com.

16. Contact Information

If you have any questions about these Terms of Service, please contact us at:

17. Additional Terms for Apple iOS App Users

These additional terms apply only if you access the Services through our application downloaded from the Apple App Store (the "App"). In the event of any conflict between this Section 17 and the rest of these Terms, this Section 17 governs with respect to your use of the App.

• Apple is not a party to these Terms. These Terms are concluded between you and Shoe Sherlock only, and not with Apple Inc. ("Apple"). Apple is not responsible for the App or its content.
• Licence scope. The licence granted to you for the App is a limited, non-transferable licence to use the App on any Apple-branded device that you own or control, as permitted by the Apple App Store Terms of Service.
• Maintenance and support. Shoe Sherlock, not Apple, is solely responsible for providing any maintenance and support for the App. Apple has no obligation to furnish any maintenance or support services.
• Warranty. Shoe Sherlock is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) of the App; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• Product claims. Shoe Sherlock, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation.
• Intellectual property claims. In the event of any third-party claim that the App or your use of it infringes that third party's intellectual property rights, Shoe Sherlock, not Apple, is solely responsible for the investigation, defence, settlement, and discharge of such claim.
• Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple as third-party beneficiary. You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as they relate to your licence of the App, and that Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
• In-App Purchases. Subscriptions and other digital purchases made within the App are sold by Shoe Sherlock and processed by Apple via In-App Purchase, and are subject to Apple's Media Services Terms and Conditions.