Terms of service

Overview

Welcome to The Smartvac “we”, “us”, “our”. By accessing or using our website https://thesmartvac.com/  (the “Site”), or making a purchase, you agree to comply with and be bound by the following terms and conditions (the “Terms”). If you do not agree to these Terms, you may not use the Site or purchase any products or services from us.

1. Acceptance of Terms

By accessing or using our Site and services, you agree to these Terms of Service, our Privacy Policy, and any other policies referenced herein. We may update these Terms from time to time, and we encourage you to review them periodically. Your continued use of the Site after any changes will constitute your acceptance of those changes.

2. Use of the Site

  • Eligibility: You must be at least [16] years of age, or the age of majority in your jurisdiction, to use our services. By using the Site, you represent and warrant that you are at least the required age.
  • Account Creation: To make a purchase, you may need to create an account with us. You are responsible for maintaining the confidentiality of your account information and password and for all activities under your account. You agree to notify us immediately of any unauthorised use of your account.
  • Prohibited Activities: You agree not to engage in any activity that interferes with or disrupts the Site or services, including but not limited to hacking, transmitting malware, or infringing on our intellectual property rights.

3. Products and Services

  • Product Descriptions: We strive to provide accurate descriptions of our products and services. However, we do not warrant that product descriptions, prices, or other content on the Site are error-free, complete, or current. In the event of an error, we reserve the right to correct it, including canceling orders if necessary.
  • Pricing and Availability: All prices listed on the Site are in AUD and are subject to change without notice. Availability of products may change and we are not responsible for any discrepancies between availability on the Site and actual stock.

4. Orders and Payment

  • Order Acceptance: All orders placed through the Site are subject to acceptance. We reserve the right to refuse or cancel any order for reasons including but not limited to product availability, errors in pricing or product information, or suspicion of fraud.
  • Payment Methods: We accept payment through the following methods: Credit card, Debit card, PayPal, Shop pay, Google pay, Visa, American Express. You agree to provide accurate payment information and authorise us to charge the total purchase price to your chosen payment method.
  • Billing Information: You agree to provide accurate, current, and complete billing information. In the event of an issue with payment, we may suspend or cancel your order.

5. Shipping and Delivery

  • Shipping Policy: Shipping costs and delivery times are calculated at checkout. You can find detailed information about our shipping practices in our Shipping Policy.
  • Risk of Loss: Once your order is shipped, the risk of loss passes to you. You are responsible for ensuring that the shipping address you provide is correct and complete.

6. Returns and Refunds

  • Return Policy: We accept returns in accordance with our Return and Refund Policy. Please review the policy for information on eligibility, return instructions, and refund timelines.
  • Damaged or Defective Products: If you receive a damaged or defective product, please contact us immediately at info@thesmartvac.com. We will provide instructions for returning the item and offer a refund or replacement.

7. Intellectual Property

  • Copyright and Trademarks: All content on the Site, including but not limited to text, images, graphics, logos, videos, and software, is owned by or licensed to The Smartvac and is protected by copyright, trademark, and other intellectual property laws.
  • License to Use: You are granted a limited, non-transferable, non-exclusive license to access and use the Site for personal and non-commercial purposes. You may not reproduce, distribute, or modify any content from the Site without our prior written consent.

8. Limitation of Liability

  • Disclaimer of Warranties: The Site and all products and services are provided "as is" without any warranties, express or implied. We do not guarantee that the Site will be error-free or uninterrupted, or that any products purchased will meet your expectations.
  • Limitation of Liability: To the fullest extent permitted by law, The Smartvac is not liable for any indirect, incidental, special, or consequential damages arising from your use of the Site or products purchased from us, including but not limited to loss of profits, data, or business interruptions.

9. Indemnification

You agree to indemnify and hold harmless The Smartvac, its affiliates, officers, directors, employees, agents, and suppliers from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Site, your violation of these Terms, or your infringement of any intellectual property or other rights of a third party.

10. Governing Law and Dispute Resolution

  • Governing Law: These Terms are governed by and construed in accordance with the laws of Australia, Victoria.
  • Dispute Resolution: Any dispute or claim arising from these Terms will be resolved through binding arbitration, rather than in court, except that you may seek relief in a small claims court if your claim qualifies. The arbitration will be conducted in Melbourne, Australia.
  • Class Action Waiver: You agree that any dispute will be resolved on an individual basis, and not as part of any class action, collective action, or representative proceeding.

11. Privacy and Data Collection

Your use of the Site is governed by our Privacy Policy, which outlines how we collect, use, and protect your personal information. By using the Site, you consent to the collection and use of your information as described in the Privacy Policy.

12. Modifications to Terms

We reserve the right to update or modify these Terms at any time, and such changes will be effective immediately upon posting to the Site. It is your responsibility to review these Terms regularly for updates. Continued use of the Site after any modifications constitutes your acceptance of the updated Terms.

13. Contact Information

If you have any questions or concerns regarding these Terms of Service, please contact us at:

The Smartvac

Info@thesmartvac.com

ABN- 24 632 815 829