Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Terms of website use
This Website is owned and operated by SME Brokers Pty Ltd (ACN 619 731 430)
of 8 Wilkie St, South Guildford WA 6055 (“we”, “us” and “our”).
These terms of use (together with the documents referred to in it) (collectively, the “Terms”)
set out the terms on which we make our website http://smesx.com.au (our “Website” or “Site”) available for
users (“you” and “your”) to access and browse contents that we make available and publish on our Site.
Any access and use of the Site is subject to these Terms.
By using and continuing to access content on this Website or by placing an order with us,
you acknowledge and consent to these Terms. If you do not accept these Terms, please exit the Site and close this
browser immediately.
Changes to these Terms
Our Terms may be subject to change from time to time. We retain the right to change or modify
these Terms or to impose new terms and conditions. Such changes, additions or deletions shall be effective immediately
upon publication on this Site. Your continued use of this Site or your continued purchasing of our products will be
deemed to constitute acceptance by you of such modifications to these Terms.
Permitted purpose
Our Site may be accessed for the purposes of browsing or purchasing products offered on the Site for sale.
Access to our Site or its use for any other purposes is strictly prohibited.
Order
The products and services available at the Site are only for sale to persons who can make
legally binding contracts.
We give no undertakings as to the availability of products and services advertised on the Site.
Subject to these Terms, you may offer to purchase the products and services described on the Site
for the price specified on the Site.
Your order must contain the order information specified on the Site, including your name,
address and credit card details. We are not liable for any orders that go missing due to incorrect delivery information
provided by you.
Once an order has been accepted by us, it cannot be cancelled by you. If we are unable to
supply all of your order, these Terms continue to apply to any part of the order supplied.
You acknowledge that the supply of products is subject to availability. We reserve the right to
accept or reject your offer to purchase, to cancel or vary your order, and suspend or discontinue the
supply of products to you.
Further details regarding online orders, payment, shipping and delivery, viewing and changing your order
and returns and refunds may be found at the Site and applicable terms and conditions referred to at the Site are
incorporated into these Terms by reference.
We may charge an administration fee for any payments by debit or credit card.
Cancellation due to error
You acknowledge that products may be listed at an incorrect price or with incorrect information
due to typographical error. In these circumstances, we reserve the right to cancel the transaction, notwithstanding that
your order has been confirmed and your credit card has been charged. If we cancel your order after your credit card
has been charged, we will issue a credit to your credit card account for the amount in question.
Credit and Interest
Where you have lodged a credit application we may grant you credit at our absolute discretion.
Nothing shall be construed as requiring or imposing an obligation on us to provide you with credit in any amount
or to any limit.
We may in our absolute discretion reduce or terminate the credit account at any time.
If we advance credit in excess of any agreed credit limit, we shall have the same rights with respect
to of the recovery of the excess amount.
Where you have an approved credit account and where you have not exceeded the credit limit
you must pay the amount due within 30 days of the date of each statement issued by us to you.
If you fail to pay within the time period specified in clause 20, then:
reserving all of the our other rights, we have the right to immediately suspend your credit
account and to cancel or vary any unfulfilled order until payment in full is received.
You are obliged to pay us:
all the costs, expenses, charges, duties and other expenses including, but are not limited to:
- the costs and commission payable to a mercantile agent or a debt collector to pursue or recover
outstanding monies pursuant to these Terms and the liability to pay this commission arises at the time
the recovery is placed in the hands of the debt collector; and
- legal fees on an indemnity solicitor / client basis,
(Costs),
loss of any kind whatsoever and however arising, including (without limitation), any indirect
or consequential losses, loss of profits or prospective profits, loss of revenue, loss of goodwill or increased
costs of workings incurred or suffered by us in collecting from you the unpaid amount (“Loss”); and
interest on the unpaid amount in accordance with clause 22.
you agree that as security for the monies owing to us, you hereby charge your interest in any
and all real estate owned or in the future acquired by you wherever situated in Australia and authorises us to
lodge a subject to claim caveat against the land claiming an interest in the land as equitable charge.
If you do not pay us the amount when due, you must pay us interest on the amount due at the rate
equal to 10% per annum from the date that the amount was due until the date of payment.
Unless we agree in writing, you cannot set off (whether in Law or otherwise and including by way of
counterclaim or deduction) any amount that is or may be owing by us to you against any money that you owe to us.
We may set off (whether in Law or otherwise and including by way of counterclaim or deduction) any amount that is or may
be owing by you to us against any money that we owe to you.
Risk and Title
Risk of loss or damage to the products passes to you on despatch.
Title in products supplied by us to you does not pass to you until we receive payment for the
product in full. In the meantime, you agree to take custody of the products and retain them only as our fiduciary agent
and bailee for and on our behalf.
We are irrevocably authorised by you to enter your premises or any other premises under your control
as your agent if the products are stored at such premises and use reasonable force to retake possession of the products
without liability for trespass, any resulting damage or payment of any compensation whatsoever. You agree to indemnify
and save harmless us for all claims by causes of action which may arise by us retaking possession and you agree to pay
our Costs of retaking possession. We shall be entitled, but not obligated, to resell any products repossessed pursuant
to the provisions of this sub-clause. This permission is irrevocable until all outstanding moneys have been paid by us.
This clause may be plead as a bar to any charge of trespass or unlawful entry.
Disclaimer
You covenant and agree to at all times indemnify, releases and save harmless us (and our employees)
from and against, whether direct or indirect, including (without limitation) any and all Costs, Losses or liabilities
howsoever suffered by us arising out of:
third party claims;
delay in delivery or failure to delivery; and
your breach of any of these Terms.
To the extent permitted by Law, we are not liable for your Loss whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our Site;
use of or reliance on any content displayed on our Site;
our failure to perform any obligation under the Agreement;
the supply of products, even if due to the our negligence or that of any of our employees.
In particular, and without limiting the generality of the foregoing, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
We assume no responsibility for the content of websites linked on our Site. Such links should not be
interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise
from your use of them. You should read any applicable terms and conditions of any websites linked to our Site prior to
accessing and viewing the same.
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our
negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by the
laws of Western Australia.
Guarantees
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are
entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure
does not amount to a major failure.
To the extent permitted by Law, these Terms exclude all other conditions, warranties, liabilities
or representations in relation to the products or services. Where legislation implies in these Terms any condition
or warranty that cannot be excluded or modified, to the extent permitted by law our liability for a breach of any such
condition or warranty is limited at the our option to any one or more of the following:
In the case of products:
replacement of the products or the supply of equivalent products;
payment of the cost of replacing the products or of acquiring equivalent products, by credit
to your account (where applicable), in cash or by cheque at our sole discretion; or
repaying you for payments which you have made, by providing a refund to your credit card,
by credit to your account or by cheque.
In the case of services:
the resupply of the services; or
the payment of the costs of resupply.
To claim against the guarantees above you must send us an email
at info@smesx.com.au with
the following information:
details of the products purchased
the date that the products were purchased
the receipt or transaction number for the purchase
your complaint
what you believe will resolve your complaint
if product is damaged a photo of the damaged product.
You must make the claim as soon as reasonably practicable after ordering the products but in any
event within 30 days of purchase. We will investigate your claim within a reasonable time after receiving your email
which complies with the requirements set out in clause 34 and we may request you for additional information.
You may need to send the products back to us, at your cost.
Website Content
We may update or change the content of our Site at any time without notice. However, please note
that content on our Site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our Site, or any content on it will be:
error-free; or
available or uninterrupted.
Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change
all or any part of our Site without notice.
We will not be liable to you if for any reason our Site is unavailable at any time or for any period.
Your Obligations
You are responsible for making all arrangements necessary for you to have access to our Site.
You are also responsible for ensuring that all persons who access our Site through your internet
connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
Intellectual property rights
The intellectual property rights in all content made available to you on or through this Site remain
our property or that of our licensors and are protected by intellectual property laws and treaties around the world.
All such rights are reserved by us and our licensors. You may store, print and display the content supplied solely for
your own personal use.
You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of
the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in
connection with any business or commercial enterprise without our prior written consent.
Where we provide our consent to your reproduction of content from our Site, you must always acknowledge
our status (and that of any identified contributors) as the source of reproduced content. This provision does not imply
any right by you to publish, redistribute or repost any of the content available on our Site.
If you print, copy, download or use any part of our Site (including any content contained on our Site)
in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy
any copies of the materials you have made. We reserve the right to take any further legal actions against you.
No reliance on information
We make no representations, warranties or guarantees, whether express or implied, that the content on
our Site is accurate, complete or up-to-date.
Use of content made available on our Site by you will be entirely at your own risk.
Viruses
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack,
or other technologically harmful material that may infect your computer equipment, computer programs, data or other
proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform in order
to view and access our Site, and implement your own security measures against any bugs or viruses.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other
material which may be malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site,
the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack
our Site via a denial-of-service attack or a distributed denial-of service attack. We reserve the right to report any such
breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity
to the relevant legal authorities. In the event of such a breach, your right to use our Site will cease immediately.
We reserve the right to take any further legal actions against you.
Linking to Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage
our reputation or take advantage of it. You must not establish a link to our Site in such a way as to suggest any form
of association, approval or endorsement on our part where none exists.
Our site must not be framed on any other site, nor may you create a link to any part of our Site other than
the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our Site other than that set out above, please contact
info@smesx.com.au
Third party links and resources in Our Site
Where our Site contains links to other sites and resources provided by third parties, these links
are provided for your information only. Unless otherwise specified by us, we are not affiliated with, nor do we endorse
the views or contents of any other third party site or resource linked to our Site.
We have no control over the contents of third party sites or resources. We are not liable to you or
any user of our Site for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty
or otherwise, even if foreseeable, arising under or in connection with links to third party sites, third party resources
and contents.
Accounts
Where you are authorised an “Account” or portal on our Site, you use such account at your own risk.
You are solely responsible for:
keeping your password secure; and
reporting any fraudulent activity on your account to us immediately.
We are not liable for any loss or damage suffered by you as a result of any unauthorised use, activity
or access to your account on our Site.
We reserve the right to suspend, terminate and deactivate your account and access to our Site, and
report any activity on your account, where we reasonably believe that you have engaged in any illegal activity or activity
which breaches these terms and conditions.
Applicable law
These Terms, their subject matter and their formation, are governed by the laws of Western Australia.
We both agree to the exclusive jurisdiction of the courts of Western Australia.
Contact us
If you wish to make any complaints in relation to our Site, please contact us, via email
at info@smesx.com.au
Miscellaneous
If any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under
the law of Western Australia, that shall not affect the legality, validity or enforceability in that jurisdiction or any
other jurisdiction of any other provision of these Terms.
No omission or delay on our part in exercising any right, power or privilege hereunder shall operate as
a waiver thereof, nor shall any single or partial exercise of any our rights, powers or privileges preclude us from any other
or further exercise thereof or of any other right, power or privilege we have. The rights and remedies herein provided are
cumulative with and not exclusive of any right or remedies provided by law.
