Terms of service

1. Introduction

Welcome to smilefy.com.au ("the Site"). The following terms and conditions ("Terms of Service") govern your use of this Site. By accessing, viewing, or using the content, material, products, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them.

2. Registration

  • Account Creation: If you wish to purchase any product or use certain services on the Site, you must register for an account. This will require a username, password, and provision of certain personal information.

  • Account Responsibility: You are responsible for maintaining the confidentiality of your username and password. You shall be responsible for all uses of your account, whether or not authorized by you. Notify us immediately of any unauthorized use of your account.

  • Verification: Smilefy.com.au reserves the right to validate your information at any time, including confirmation of your identity and verification of payment details.

3. Product Descriptions

  • Accuracy: While we strive to provide precise descriptions of products, there may be occasions when content on the Site contains inaccuracies, omissions, or outdated information. We don't guarantee the accuracy, completeness, or timeliness of information.

  • Availability: Products listed may not always be in stock. If a product you order is out of stock, we'll notify you and provide options, which might include waiting for restock, choosing an alternative product, or receiving a refund.

  • Images: The images of the products displayed on the Site are for illustrative purposes only. Actual product may differ slightly in appearance.

4. Prices and Fees

  • Price Changes: All prices displayed on the Site can change without prior notice. This may be due to market fluctuations, currency changes, or changes in production costs.

  • Taxes: All prices on the Site are inclusive of Goods and Services Tax (GST) unless otherwise stated. Any additional taxes or duties related to your order depend on the country of delivery and must be borne by the customer.

  • Shipping Fees: Unless otherwise stated, prices don't include shipping or delivery fees, which will be charged separately. These fees will be clearly identified during the checkout process.

5. Payments

We accept various methods of payment, as specified on the Site. By purchasing on the Site, you agree to the terms of our third-party payment processors.

6. Returns and Refunds

Refer to our Refund Policy, which is incorporated into these Terms of Service by reference.

7. Intellectual Property

  • Ownership: All content, trademarks, service marks, logos, and intellectual property displayed on the Site are the property of Smilefy or its content suppliers and are protected by Australian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

  • Restrictions: Without the explicit written permission of Smilefy, it is prohibited to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Site or its content. This includes, but is not limited to, using data mining, robots, or similar data gathering and extraction tools on the content of the Site.

  • User Content: If you post, upload, or share any content on or through our Site, you grant Smilefy a non-exclusive, royalty-free, perpetual, and worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on our Site and in all other mediums used by Smilefy for any purpose.

8. Limitation of Liability

  • Exclusions: While we strive to offer a seamless user experience, Smilefy.com.au and its directors, officers, employees, agents, contractors, or licensors shall not be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, or data.

  • User Responsibility: You acknowledge and agree that your use of the Site is at your sole risk. We do not guarantee that the Site will be error-free or uninterrupted.

  • Limit: If, notwithstanding the other provisions of these Terms of Service, Smilefy is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, Smilefy's liability shall in no event exceed the greater of (1) the total of any services or products purchased, or (2) AUD $100.

9. Governing Law

  • Jurisdiction: These Terms of Service, your use of the Site, and all matters arising out of or relating to them are governed by the laws of Australia, without regard to its conflicts of law principles. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted only in a state or federal court located in Australia.

  • Compliance: You are responsible for ensuring compliance with all local laws, regulations, and rules within your jurisdiction when accessing our Site.

  • Dispute Resolution: Any disputes arising out of or related to these Terms of Service or your use of the Site shall first attempt to be resolved through amicable negotiations. If parties fail to reach an agreement, such disputes shall be resolved by arbitration in accordance with the laws of Australia.

10. Privacy

Please review our Privacy Policy, which also governs your use of the Site, to understand our practices.

11. Amendments

Smilefy reserves the right to amend these Terms of Service at any time by posting the amended terms on our Site.

12. Contact

For any questions regarding these Terms of Service or any other matter related to our Site, please contact us at support@smilefy.com.au.