Terms and Conditions

These terms and conditions govern your use of our website. Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms. We update these terms regularly so please refer back to them in the future.
thesmartestpath.com.au provides a secure online payment system/gateway for the ordering of products.

1. SITE ACCESS

  • 1.1 You will be able to access the majority of this Website without having to register any details with us. [However, particular areas of this Website will only be accessible only if you have registered.]

2. USE OF WEBSITE

  • 2.1 You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
  • 2.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
  • 2.3 Subject to paragraph 2.1, no part of this Website may be reproduced without our prior written permission.

3. SITE UPTIME

  • 3.1 We take all reasonable steps to ensure that thesmartestpath.com.au is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this thesmartestpath.com.au is unavailable at any time.
  • 3.2 thesmartestpath.com.au may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.

4. VISITOR CONDUCT

  • 4.1 With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
  • 4.2 When using this website you shall not post or send to or from this Website any material:
    • (a) for which you have not obtained all necessary consents;
    • (b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
    • (c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
  • 4.3 [We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 4.2.]

5. LINKS TO AND FROM OTHER WEBSITES

  • 5.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We do not endorse the third party websites or make representations about them or any material contained in them. If you choose to access a third party website linked to from this Website, it is at your own risk.
  • 5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:
    • (a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;
    • (b) you do not misrepresent your relationship with us or present any false information about us;
    • (c) you do not link from a website that is not owned by you; and
    • (d) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.
  • 5.3 If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

6. DISCLAIMER

  • 6.1 We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.
  • 6.2 The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.

7. EXCLUSION OF LIABILITY

  • 7.1 Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.

8. GOVERNING JURISDICTION

  • This Legal Notice shall be governed by and construed in accordance with Australian law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of Australia.

9. SPAM

  • 9.1 thesmartestpath.com.au may refuse, suspend or cancel the Services, or take any other action deemed necessary, immediately if:
  • 9.2 The Client, or any user of the thesmartestpath.com.au website, uses and/or used the Services for the purposes of spamming;
  • 9.3 if any other person has used thesmartestpath.com.au server(s) or the Services for the purposes of spamming;

10. REGISTRATION DETAILS

  • 10.1 thesmartestpath.com.au provides services and related features that require registration. Should the Client choose to register for such services or related features, the Client agrees to provide accurate and current information as required by the relevant registration process, and to promptly update such information as necessary to ensure that all information is kept accurate and complete. the Client agrees to be responsible for the following:
  • 10.2 Maintaining the confidentiality of any passwords or other account identifiers owned by the client.
  • 10.3 Maintaining the confidentiality of all activities that occur under the account that is associated to the client
  • 10.4 The Client agrees to notify thesmartestpath.com.au of any unauthorized use of the Client’s password or account. thesmartestpath.com.au at no point shall be held responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of, or in connection with, the Client’s failure to comply with this section.

11. ACCOUNT SUSPENSION

  • 11.1 thesmartestpath.com.au may suspend the Service (or any part thereof) or disconnect or deny the Client access to the Service to remedy any defect or failure or to improve the Service, or in any other instance thesmartestpath.com.au deems necessary, or if the Client is in breach of the Terms. The Client will remain liable for all charges and fees throughout any period of

12. PAYMENTS HELD BY THESMARTESTPATH.COM.AU

  • 12.1 The Client agrees that all credit/payment amounts are non refundable after a non-use period of 6 months.
  • 12.2 All amounts outstanding by the Client to thesmartestpath.com.au after the 6 month period on any account become immediately due and payable (without notice) to thesmartestpath.com.au (automatic).
  • 12.3 The Client agrees to pay for any collection fees or charges (including legal fees and charges on a solicitor / client basis thesmartestpath.com.au incurs in attempting to recover payment(s) owed by the Client.
  • 12.4 Outside any of the points in section 13, the client may request a refund for the following only –

13. DELIVERY OF PRODUCT

  • 13.1 All reasonable effort is made by thesmartestpath.com.au to deliver your order to you. All orders are confirmed by thesmartestpath.com.au at time of placement. thesmartestpath.com.au will not take any liability listed in the following points:
  • 13.2 thesmartestpath.com.au takes no responsibility for orders that have been denied, lost or incorrectly made.
  • 13.3 Any disputes outside of point 13-13.2 are to be sent via email to info@thesmartestpath.com.au with a detailed description of dispute.

14. OUR DETAILS

  • Contacting Us: If there are any questions regarding these terms and conditions you may contact us using the information below.
  • info@thesmartestpath.com.au