1. Introduction
Welcome to Smily (https://www.smily.com.au/). These Terms of Service govern your access to and use of our website, including any information, products or services made available through it.
By accessing or using our website, you agree to these Terms of Service. If you do not agree with these terms, please discontinue using the website.
2. Use of Our Website
You agree to use our website only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use of the website.
You must not:
- Use the website for unlawful, fraudulent or misleading activities.
- Attempt to gain unauthorised access to our website, systems or data.
- Introduce viruses, malicious code or other harmful technologies.
- Interfere with the security, operation or functionality of the website.
- Copy, reproduce or distribute website content without permission, except where permitted by law.
We reserve the right to restrict or suspend access where we reasonably believe these terms have been breached.
3. Website Information
We aim to ensure that information on our website is accurate, current and complete. However, information may occasionally contain errors, omissions or outdated details.
We reserve the right to update website content, descriptions, prices and other information where applicable, subject to any obligations under Australian law.
Information provided on this website is for general informational purposes and should not be relied upon as a substitute for professional advice where such advice is required.
4. Products and Services
Where products or services are offered through our website, their descriptions, features, availability and applicable conditions will be provided on the relevant pages.
We make reasonable efforts to describe our offerings accurately. However, minor variations or changes may occur.
Any order, booking or service request may be subject to additional terms communicated at the time of purchase or engagement.
5. Pricing and Payments
Where applicable, prices, fees, payment methods and other charges will be displayed or communicated before you complete a transaction.
You agree to provide accurate information necessary to process your purchase or service request.
We may update prices or fees from time to time. Changes will not override any rights or obligations that have already arisen under an accepted transaction or applicable law.
Any applicable taxes, delivery charges or additional fees will be disclosed where required.
6. Orders, Cancellations and Refunds
Where purchases are available, orders are subject to acceptance and product or service availability.
If an order cannot be fulfilled, we will take appropriate steps to notify you and arrange any refund required under our policies or applicable law.
Cancellation, return, exchange and refund conditions may be specified in a separate policy on our website or communicated at the time of purchase.
Nothing in these Terms of Service excludes, restricts or modifies any rights or remedies available to consumers under the Australian Consumer Law.
7. Intellectual Property
Unless otherwise stated, the content on this website, including text, images, graphics, logos, designs and other materials, is owned by or licensed to the business operating Smily.
You may view and use website content for personal, non-commercial purposes.
You must not reproduce, modify, distribute, publish or commercially exploit our content without prior written permission, except where permitted by law.
8. Third-Party Links and Services
Our website may contain links to third-party websites, platforms or services for your convenience.
We do not control and are not responsible for third-party content, availability, security or practices. Accessing third-party websites is at your own discretion and may be subject to their own terms and conditions.
9. Limitation of Liability
To the extent permitted by law, we are not liable for losses arising from your use of, or inability to use, our website, including losses caused by temporary interruptions, technical issues or third-party website failures.
We do not exclude liability where it cannot lawfully be excluded or restricted.
Nothing in these terms limits any consumer guarantee, right or remedy that cannot be excluded under the Australian Consumer Law or other applicable legislation.
10. Indemnity
To the extent permitted by law, you agree to be responsible for losses, liabilities or reasonable costs directly arising from your unlawful use of the website or your deliberate breach of these Terms of Service.
This clause does not apply to the extent that any loss is caused by our own acts or omissions or where such responsibility cannot legally be imposed on you.
11. Privacy
Your use of our website is also subject to our Privacy Policy, which explains how we collect, use, store and disclose personal information.
Please review our Privacy Policy to understand our information-handling practices.
12. Changes to These Terms
We may update these Terms of Service from time to time to reflect changes to our website, business operations or legal requirements.
The updated terms will be published on this page with a revised “Last updated” date.
Your continued use of the website after changes are published constitutes acceptance of the updated terms to the extent permitted by law.
13. Governing Law
These Terms of Service are governed by the laws applicable in Australia and, where relevant, the state or territory in which the business operates.
Any disputes will be dealt with in accordance with applicable laws and the jurisdiction of the relevant courts.
Nothing in this section removes any mandatory rights you may have under applicable consumer protection legislation.
14. Contact Us
If you have any questions about these Terms of Service, please contact us:
Business Name: Smily
Website: https://www.smily.com.au/
Email: info@smily.com.au