Website Terms and Conditions of Use

Welcome to our website. The use of our website is governed by the terms and conditions of use outlined below (T&C’s), together with our privacy policy.

The term ‘mySmart’ or ‘us’ or ‘we or “our” refers to the owner of the website whose ABN is 85 097 753 458. The term ‘you’ refers to the user or viewer of our website.

Please read our T&C’s, together with our privacy policy carefully.

If you continue to browse and use this website, you are agreeing to comply with and be bound by the T&C’s, which together with our Data, Security & Privacy policy govern mySmart’s relationship with you in relation to this website. Your placement of an order with mySmart indicates your acceptance of the terms and conditions of use.

The T&C’s outlined below supersede any subsequent terms and conditions included with any purchase order, whether or not the purchase order is signed by us.  The T&C’s (together with the privacy policy) constitute the entire agreement between you and mySmart in relation to the goods supplied.

If you disagree with any part of the T&C’s, please do not use our website.

mySmart may exchange your details with third party service providers, who may assist us with marketing, IT, accounting, payment, data processing or other services. Some of these third parties may be located in Australia and the United States of America.

The use of this website is subject to the following T&C’s:

1.            The content of the pages of this website are for your general information and use only. The pages are subject to change without notice to you

2.            Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

3.            Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

4.            This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

5.            All trademarks reproduced in this website, which are not the property of, or licensed to mySmart, are acknowledged on the website.

6.            Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

7.            From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

8.            The terms and conditions of use are in reference to online purchases and orders only.

9.            You must not assign any rights and obligations under these terms and conditions of use whether in whole or in part without our prior written consent.

10.          Please refer to our Privacy Policy to see how we collect, use and protect your personal information.

11.          Any failure by a party to insist upon strict performance by the other of any provision in these terms and conditions of use will not be taken to be a waiver of any existing or future rights in relation to the provision.

12.          If any provision of these terms and conditions is invalid, illegal or unenforceable, other provisions which are self-sustaining are, and continue to be, enforceable in accordance with their terms.

13.          Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.

Orders

If you receive an order confirmation this does not signify mySmart’s acceptance of the order, nor does it constitute confirmation of our offer to sell.  We reserve the right to refuse supply of the goods ordered by you, or terminate your account with us. 

It is your responsibility to check your order before you complete the online checkout process.

mySmart will provide an order reference number via a confirmation email once the checkout process is complete. The receipt of an order reference number is not an indication that the order has been processed.

For payments made via credit card, debit card or Paypal, orders will not be processed until your payment has passed our internal validation procedures. Once payment has been validated, the order will be processed and a confirmation email will be sent confirming the order.

Warranty & Returns Policy

mySmart warrants that the goods will be free from defects for one (1) year from delivery of such goods to you (Warranty). Unless the product is a mySmartSensor (by CP Electronics) which has a product only warranty of five (5) years.

At its discretion, mySmart will repair or replace the goods (as required), if they do not comply with the Warranty. Goods will not be replaced until they are returned to mySmart’s warehouse or nominated address at your cost, accompanied by relevant purchase documentation (such as an invoice or delivery documents), and adequately inspected by mySmart.

The Warranty does not cover any damage caused to your property and/or to any third party property, arising from a breach of the Warranty, nor does it include any labour cost to install or replace faulty items.

The Warranty will not apply if during the warranty period:

(a)          the goods are repaired or programming is altered other than by a representative of mySmart;

(b)          you use the goods contrary to any technical or operating environment guidelines as set out in the manufacturer’s specifications;

(c)           the goods malfunction or failure results from:

(i)            deliberate or accidental damage;

(ii)           neglect or modification;

(iii)          incorrect voltage or a power surge; or

(iv)         your use of any non-genuine consumables, software, parts, accessories or interfacing.

To the extent permitted by law, mySmart expressly limits its liability for breach of any condition or warranty implied into any contract or engagement to supply the goods. By virtue of any legislation, mySmart may in its absolute discretion:

(a)          supply the goods again; or

(b)          refund the costs of the goods.

Except as otherwise expressly stated in these terms and conditions, you shall assume all risk and liability resulting from the use of the goods.

Except as otherwise expressly stated in these terms and conditions of use, mySmart is not liable to you for:

(a)          any loss, damage or expense sustained by you or any third party arising out of the supply of the goods, any breach by mySmart of any contract incorporating these terms and conditions, or the negligence of mySmart; or

(b)          any indirect or consequential losses, loss of profits or use, any rectification costs or third party claims in connection with supply of the goods.

Returns

mySmart will accept the return or exchange of goods within fourteen (14) days of delivery, provided that you notify mySmart via email of your intention to return or exchange the goods within fourteen (14) days of delivery. Returns and exchanges must be in a as new condition, with the original packaging and labels.

mySmart will not accept returns or exchanges for goods that have been used or do not have their original packaging or labels.

Returns or exchanges must be made within the timeframe above unless the goods are faulty. Any goods that are submitted for return or exchange outside the timeframe noted may not be accepted by mySmart for a return or exchange (unless faulty).

It is your responsibility to return the goods to mySmart’s nominated return address, which mySmart will advise you at the time the return or exchange is accepted.

mySmart will not be liable for any damage during transit and may refuse to accept your return or exchange if the goods are damaged in anyway during transit. It is your responsibility to ensure the goods are appropriately packaged for return.

If you have requested a refund, we will only refund you any monies paid upon receipt of the goods at our nominated return address and upon the goods passing inspection by us. Any refund we make will be by the same payment method used to purchase the goods.

Custom goods or made to order goods cannot be credited under any circumstances (unless faulty). 

Unless otherwise agreed, goods returned may be subject to a restock fee of 25% of the order price.

Pricing

The prices listed on mySmart’s website are subject to change without notice. All prices are inclusive of goods and services tax (GST)

mySmart makes every effort to ensure that the prices listed on the website are true and correct but otherwise relies upon the “incorrect price and incorrect information” clause below.

If the goods are shipped internationally, they may be taxed and additional duties added by the destination country, which you agree to pay.

Payment

We accept payment by American Express, VISA and MasterCard credit cards and Paypal.

Your tax invoice will be sent to you when the items you have ordered are delivered. Your tax invoice is your proof of purchase and may be required for any warranty claims, returns or exchanges.

All payments will be processed securely, with any payment information stored as per mySmart’s privacy policy.

Shipping and Delivery

Any delivery times provided by mySmart are estimates only. mySmart will not be held liable for late deliveries or damage relating to late deliveries.

mySmart reserves the right at any time after receipt of your order to supply less than the quantity you ordered of any item.

mySmart will deliver to the delivery address specified by you when you placed your order.

mySmart will deliver the goods via a range of delivery methods. Where stipulated, all deliveries must be signed for, depending on which delivery method is chosen.

mySmart reserves the right to change your shipping method for certain factors are beyond the control of mySmart including order weight, size or the delivery address nominated by you.

Availability

mySmart will endeavour to keep the goods on our website updated to the best of our ability. Our stock levels may be subject to change without notice.

If mySmart is unable to deliver a product which has been ordered by you, we will endeavour to notify you via telephone or email as soon as reasonably practicable.

You will then be able to amend, cancel or put your order on backorder.

Incorrect price or incorrect information

https://www.todds.com.au/assets/pixel.gifIf an incorrect price or incorrect information is listed in respect of goods due to a typographical error, mySmart may refuse or cancel any orders that are placed for goods listed at an incorrect price.

mySmart is not bound by the prices listed on the website and will not be liable for any loss or otherwise as a result of the incorrect price or incorrect information.

If payment has already been made, mySmart will issue a full refund if the above occurs.

Order Cancellations

If mySmart is notified before the goods are dispatched for delivery, mySmart will accept the order cancellation. Otherwise, if the goods have already been shipped mySmart reserves the right to refuse to cancel the order.

Upon cancellation of an order we will make all reasonable attempts to contact you using the details provided. All monies will be refunded using the method of payment for approved cancellations. 

Custom goods or made to order goods cannot be cancelled under any circumstances (unless faulty). 

Unless otherwise agreed, order cancellations may be subject to a restock fee of 25% of the order price. 

Miscellaneous

mySmart is not liable for any loss caused to you by reason of strikes, lockouts, fires, riots, war, embargoes, civil commotions, acts of God or any other activity beyond mySmart's control.

In relation to the supply of goods, mySmart’s liability is limited to:

(a)          replacing the goods or supplying similar goods; or

(b)          repairing the goods.

mySmart is not liable, for loss of profit, economic or financial loss, damages, consequential loss, loss of opportunity or benefit, loss of a right or any other indirect loss suffered by you as a result of the goods supplied.

Nothing in these terms and conditions of use shall be read or applied so as to purport to exclude, restrict or modify or have the effect of excluding, restricting or modifying the application in relation to the supply of any goods pursuant to these terms and conditions of use all or any of the provisions the Competition and Consumer Act 2010 or any relevant State or Federal Legislation which by law cannot be excluded, restricted or modified.

Retention of Title

Title in the goods/products does not pass to you until you have made payment in full for the goods.

If your payment is declined for any reason we reserve the right to reclaim the goods from your possession, custody or control even if they have been delivered to you or moved from the delivery address. mySmart will be entitled to sell the goods in the ordinary course of its business. 

You will be responsible for mySmart’s reasonable costs in undertaking the above.

For the avoidance of doubt, the mySmart’s interest constitutes a ‘purchase money security interest’ pursuant to the Personal Properties Securities Act 2009 (Cth) (PPSA).

To the extent permitted under the PPSA, we each agree to contract out of the provisions listed in section 115 of the PPSA. You waive your right to be provided with verification statements under section 157 of the PPSA. We agree that neither of us will disclose to any third person information referred to in section 275(1) of the PPSA and that this is a confidentiality agreement for the purposes of section 275(6) of the PPSA.

Copyright Notice

Copyright © 2017 mySmart Pty Ltd.

All rights reserved.

Every effort has been made to make this website as complete and as accurate as possible, but no warranty or fitness is implied. The information provided is on as “as is” basis.

You may use and/or copy the information on this site for personal reference only.

mySmart and their companies shall have neither liability nor responsibility to any person or entity with respect to any loss or damages arising from the information contained in this website.

The information may not be reproduced or published in any other way or by any means without the prior written consent of mySmart.

Data, Security and Privacy

Please refer to our Data, Security and Privacy Policy.