Terms and conditions
Smash Enterprises Pty Ltd
Terms and Conditions
This website is owned and operated by Smash Enterprises Pty Ltd (ABN 52 091 134 708) of 33 Redland Drive, Mitcham, Victoria 3132 (“Smash Enterprises”,“us”,“we”)
These terms and conditions apply to the general use and access to the website. You may only use or access this website, in accordance with and subject to these terms and conditions.
You should read these terms and conditions in conjunction with our Privacy Statement and any other notices and disclaimers which appear in this website (but only to the extent such notices and disclaimers are not inconsistent with these terms and conditions).These terms and conditions are subject to variation without notice and will apply as varied from time to time to all subsequent use and purchases by you.
2. Product Descriptions
The actual colours of products may vary slightly from as shown on this website. We supply products on the basis that they will be used only for the specific purposes described on this website (if any). The selection of suitability of products to be used by children remains at the discretion of the purchaser and should. Our products should only be used by children under proper adult supervision. We may change the products offered on this website from time to time without notice.
3. Website Content
(a) Content generally
You may only use any logos, images, text, drawings, trade marks, audio files, video files, software or any other type of file or subject matter on this website (Content) in accordance with these terms and Conditions and as permitted otherwise under law.
(b) Intellectual property rights
Any intellectual property rights (including copyright and trade mark rights) in Content is owned by or licensed to us. You warrant to us that you own or have all necessary licences, rights, consents, and permissions to publish Content you submit using this website and you grant us a license to use, exploit and sub-licence all patent, trade mark, trade secret, copyright or other proprietary rights in and to such Content for publication via this website pursuant to these terms and conditions.
You may reproduce, download or print Content for personal use only and you must include the following copyright notice whenever doing so: “© Smash Enterprises Pty Ltd”. All other reproduction, downloading or printing of any Content is prohibited except where specifically authorised in writing by us. Please contact us if you would like to use any of the material on this website for commercial or educational purposes.
(c) Features and functionality
We may make changes designed to improve the functionality and features offered in this website without notice.
Unless these terms and conditions say otherwise:
information we provide in this website is subject to change without notice;
whilst we take reasonable steps to ensure the accuracy and currency of the information provided on this website, we do not guarantee any information provided on this website is accurate or current; and
we only provide information on this website on an “as is” basis and you rely on information so provided at your own risk.
(e) Website availability
We do not guarantee that this website or any section of this website or any link from this website will be available at any particular time. We do not accept any responsibility for any loss or damage caused by the lack of availability of this website or any links from this website for any period of time.
(f) Links to third party websites
The inclusion in this website of any hyperlinks or other pointers to any third party websites does notof itself imply our endorsement or approval of such third parties, their websites or their businesses or other activities.
4. Users Outside Australia
This web site may be accessed in Australia and throughout the world. We make no representations that the content of this web site complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place from where you access this website.
6. Restrictions On Use
You must not use this website to do any of the following:
submit any Content (such as textual comments) which is not completely your own creation unless you have explicit authority from the Content licensor to use and sub-licence it to us;
submit any Content which infringes any legal rights (including any intellectual property rights) of any third party;
copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, licence, or otherwise exploit any Content for any commercial purpose without our prior written consent or the consent of the respective licensors of the Content;
sell to any third party advertising space in or on, or sponsorship rights in relation to, any Content you submit;
solicit other users in relation to their Content for commercial purposes;
submit any Content which contains, describes or refers to any acts, events or subject matters which we believe are not suitable for publication or cannot legally be published on this website. For example, you must not submit pornographic material, images of graphic violence or animal abuse, material showing or promoting illicit drug use, tobacco or liquor products, weapons, ammunition, material that is degrading or discriminates against an individual or a religion, sex, race or is in any other way offensive by ordinary community standards;
cause harm to us or our advertisers, affiliates, resellers, distributors or vendors, or any customer of ours or our advertisers, affiliates, resellers, distributors or vendors;
damage, disable, overburden, or impair this website (or any networks connected to this website) or interfere with anyone's use and enjoyment of this website;
access this website using any automated process or service (such as a “robot” or “spider”);
engage in, facilitate or further any unlawful conduct.
We may immediately and without notice remove any Content from this website without us incurring any liability for any loss or damage, where such Content is not in accordance with these Terms and Conditions.
7. Legal Matters
In these terms and conditions, unless the contrary intention appears:
words importing the singular include the plural and vice versa;
references to the words include and including must not be interpreted as being limiting;
references to legislation includes any amendment to it, any legislation substituted for it, and any subordinate legislation made under it; and
headings will be ignored in construing these terms and conditions.
(b) Assignment and novation
You must not assign or novate your rights or obligations under these terms and conditions without our prior consent. We may assign and novate our rights and obligations under these terms and conditions to any person without your consent.
(c) Liability and indemnity
You acknowledge that you enter and use this website at entirely your own risk. Except as provided in these terms and conditions and to the extent permitted by law, we are not responsible for any direct, special, incidental or consequential loss, damage, claim or other liability howsoever arising including whether from:
breach of any warranty or other provision of these terms and conditions (except in relation to death or personal injury claims, or any statutory liability for intentional and gross negligent acts and/or omissions); or
any failure or technical issues that limits or prohibits access to or use of this website.
You indemnify us and our officers, employees, agents and contractors for and against any liability, loss, damage or claim which we may suffer or incur as a result ofany breach by you of these terms and conditions and any negligent or tortious act or wrongdoing by youin accessing or using this website.
(d) Governing law and jurisdiction
These terms and conditions are governed by the laws in force in the State of Victoria and you must submit to the non-exclusive jurisdiction of the courts of the State of Victoria (including the Federal Court of Australia).
(e) Inability to carry out obligations
If we are unable to perform any or all of our obligations under these terms and conditions by reason of an event which is not reasonably within our control including omissions or impositions by federal or national government authorities, fire, flood, earthquake and other natural disasters, acts of god, war, revolution, strike, fuel shortages and shortage of raw materials, we are relieved of those obligations to the extent and for the period that they are unable to be performed.
(f) Our employees and agents
None of our employees or agents have the authority to vary these terms and conditions in individual cases.
The provisions of these terms and conditions will be deemed to be severable and any invalidity of any provision of these terms and conditions will not affect the validity of the remaining provisions of these terms and conditions.
Any delay or failure by us to enforce any rights under these terms and conditions does not constitute waiver.