Terms & Conditions

TERMS OF USE

Welcome to the Smart Shoppers Australia website (www.smartshoppers.com.au). This site is owned and operated by Smart Shoppers network marketing Pty Ltd ABN NO 25 618 532 915 trading in Australia as Smart Shoppers. References in these terms and conditions and in our Privacy Policy to “we” and “us” mean The SMART SHOPPERS. Please read this terms and condition before using this site.  Your use of this site is expressly conditioned upon your acceptance of the following terms of use. By using this site, you signify your assent to these terms of use. If you do not agree with any part of the following terms of use, you should not use this site. In addition, when using particular features and services on the site, you will be subject to any posted guidelines and rules applicable to such features and services, all of which are incorporated herein by reference.

PURPOSE OF THE SITE

The purpose of the Site is to provide you with information about us, our products and stores, the campaigns that we support and the activities we undertake. In addition, you may be able to purchase products and services through the Site.

PRODUCT AND SERVICE AVAILABILITY

Reference to any product or service on the Site does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available or that the name and description of any product in your local shop will be the same as that included on the Site. Smart Shoppers network marketing Pty Ltd ABN NO 25 618 532 915 control and operate their website from its headquater in Brisbane, Queensland, Australia.We in no way imply that the materials on our Site are appropriate or available for use outside Australia and we will not be able to fill your order if you require shipping outside of Australia. Inventory information is generally available on the Site for domestic (Australian) merchandise. This information can be used to estimate the likelihood that merchandise will be shipped immediately after you place your order. However, we cannot guarantee that a product listed as in stock will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. However, if an item that is in stock in your shopping cart when you place your order is sold out at the time your order is processed, we will notify you by e-mail or telephone that your order will not be filled and your credit card will not be charged.

IMAGES

We try to display the images of our products as accurately as possible. Nevertheless, as the actual colours you see of image will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

PRODUCT ORDERS

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.ALL THE IMAGES ARE ONLY FOR DISPLAY PURPOSE ONLY. ACTULA PRODUCT PACKAGING AND COLOUR MAY DIFFERENT FROM IMAGES. ALL PRICES AND CHARGES AS LISTED ON THE SITE ARE DISPLAYED AND CHARGED IN AUSTRALIAN DOLLARS (AUD). The listing, description of, or reference to, a product or service on the Site does not imply that the product or service is presently available or that we endorse that product or service. In the event a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall promptly issue a credit to your credit card account in the amount of the incorrect price. Pre-packaged gifts are assembled individually and may vary slightly. We reserve the right to substitute a product of equal value and nature if the original product becomes unavailable. Risk of damage to or loss of any product or service ordered by you from us transfers to you with effect from the time of delivery. Notwithstanding delivery and the passing of risk in said product or service, title in said product or service shall not pass to you until we have received in cleared funds payment in full of the price of the products agreed to be sold to you for which payment is then due.

ORDER ACCEPTANCE

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service.

SHIPPING

We do not ship products containing alcohol unless their contents and packaging comply with the Post Guide for Dangerous & Prohibited Goods & Packaging issued by Australia Post from time to time. We are not responsible for errors due to printing.

PAYMENT

You are responsible for any payments due for any products or services ordered through your account. If we do not receive payment from your credit issuer or its agents, you agree to pay all amounts due to us. You shall also be responsible for any costs of collection of overdue payment.

OWNERSHIP OF MATERIALS ON THE SITE

Smart Shoppers network marketing is, unless otherwise stated, the owner of all copyright, trademark and other proprietary rights in the Site and its contents. Without limitation of the foregoing, we own a copyright in the Site as a collective work and/or compilation, and in the selection, co-ordination and arrangement of the information and content in the Site. You may not publish, distribute, extract, re-utilise, or reproduce any part of the Site in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use licence set out in our copyright notice or as permitted by the Copyright Act 1968 (Cth). Except as expressly provided in these Terms of Use and the copyright notice, we grant no rights to you under any patents, copyrights, trademarks, trade secrets or any other proprietary rights. You may not without our prior written permission use any computer code, data mining software, "robot", "bot", "spider", "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or accessed through this Site. You also may not: engage in the mass downloading of files from this Site; use the computer processing power of this Site for purposes other than those permitted above; or flood this Site with electronic traffic designed to slow or stop its operation.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

We do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you either through the Site, any of its services, by e-mail, or in any other way. Unless otherwise expressly agreed in writing prior to your submission to us, any comments, feedback, information or other material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending comments, feedback, information or other material to us you represent and warrant that the information and material is original to you and that no other party has any rights to the information or material. All comments, feedback, information or other material submitted shall be and remain our property and we shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material and information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted information and materials have been waived.

When submitting gift card messages via the website, please follow Smart ShoppersAustralia standards of common sense and good taste. We reserve the right to refrain from forwarding on messages that include profane, obscene, or otherwise offensive language.

REGISTRATION AND SECURITY

If you wish to purchase any products or use certain services on the Site, you must open an account with us and provide the required information to us. By entering any information on the Site, you represent and warrant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. Additionally, you agree to maintain the strict confidentiality of your account and any passwords issued to you for your use of or access to the Site or any portion thereof, and you agree not to allow any other entity to use any username(s) or password(s) that are issued to you. You shall be responsible for all activity that occurs under your account or password. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. All information provided to us will be used in accordance with our Privacy Policy. If you wish to cancel a username or password, or if you become aware of any loss, theft or unauthorised use of a username or password, please notify us immediately. We reserve the right to delete or change any username or password at any time and for any reason.

MODIFICATION OF THE SITE AND THE SERVICES

We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty. We may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason at all.

EXTERNAL LINKS

We may provide links to other websites from time to time. These links are provided for your convenience. We do not endorse or take responsibility for the content of those websites, are not responsible for the availability of them, and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites you do so at your own risk.

DISCLAIMER OF WARRANTIES AND LIABILITY

The site, and any content available on the site, are provided on an "as-is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to all warranties of merchantability, fitness for a particular purpose, title and non-infringement. You expressly agree that use of the site is at your sole risk and you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the site. Neither we nor any of our business partners represent or warrant that the site will be uninterrupted or error-free, that defects, if any, will be corrected, or that the site is free of viruses or other harmful components; nor do we or they make any representations or warranties about the accuracy, reliability, currency, quality, performance or suitability of the site or any content available on the site. In the event of any problem with the site or any content, you agree that your sole remedy is to cease using the site. All products and services listed or purchased on or through the site are subject only to any applicable express warranties. To the fullest extent permissible by applicable law, we disclaim all other warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose, with respect to products and services listed or purchased on or through the site. We disclaim any and all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misapplication. Notwithstanding anything to the contrary.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, the sole remedy for any claim for damages arising out of or related to any product or service listed or purchased on or through the site shall be limited to a refund of the purchase price paid for such product or service. Under no circumstances shall we or any of our business partners, or any of our or their respective officers, directors, shareholders, employees, agents or representatives, or any other party involved in creating, producing, transmitting or distributing the site or any product sold through the site, or any part thereof, be liable for any punitive, exemplary, consequential, incidental, indirect or special damages arising from or in connection with the site or any content, products or services made available or listed on it, whether for breach of contract, negligence, strict liability or otherwise, even if such party has been advised of the possibility of such damages. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion may not apply to you. In the event the foregoing limitation of liability is held to be unenforceable for any reason, then our maximum liability for any of the foregoing types of damages shall be limited to the amount that we receive for the transaction that gave rise to the claim.

APPLICABLE LAW

These Terms & Conditions are governed by and will be construed in accordance with the laws of Australia and the State of Queensland. Any disputes arising under or in connection with these Terms & Conditions, or your access or use of the Site shall be subject to the exclusive jurisdiction of the State and federal courts located in the State of Queensland.