Terms of Service

OVERVIEW This website is operated by CLADsmart. Throughout the site, the terms "we," "us," and "our" refer to CLADsmart. CLADsmart offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS By agreeing to these Terms of Service, you represent that you are of legal age in your relevant jurisdiction. You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws applicable in your jurisdiction. You must not transmit any malicious software or code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding personal and payment information) may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to technical requirements. Personal and payment information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission from us. The headings used in this agreement are included for convenience and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. This site may contain certain historical information. Historical information is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable) Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.

For more details, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS We may provide you with access to third-party tools over which we have no control or input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk, and you should ensure that you are familiar with and approve of the terms provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website, which will be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and do not warrant any third-party materials or websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS If you send us any specific submissions or creative ideas, suggestions, proposals, plans, or other materials, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We have no obligation to maintain comments in confidence, pay compensation for any comments, or respond to any comments. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Your comments will not contain unlawful, abusive, or obscene material, or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address or pretend to be someone other than yourself. You are solely responsible for any comments you make and their accuracy.

SECTION 10 - PERSONAL INFORMATION Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate without prior notice. We undertake no obligation to update information in the Service or on any related website, including pricing information, except as required by law.

SECTION 12 - PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content for unlawful purposes, to solicit others to perform unlawful acts, to violate any regulations, rules, laws, or ordinances, or to infringe upon or violate our intellectual property rights or the rights of others. You may not harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on various factors. You may not submit false or misleading information or upload viruses or other malware that affects the functionality of the Service. You may not collect personal information or engage in any activity for an obscene or immoral purpose or interfere with the security features of the Service. We reserve the right to terminate your use of the Service for violating any prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY We do not guarantee that your use of our service will be uninterrupted, secure, or error-free. We do not warrant the results that may be obtained from the use of the Service will be accurate or reliable. Your use of the Service is at your sole risk, and the Service and all products and services delivered to you are provided 'as is' and 'as available' without any warranties or conditions, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We shall not be liable for any damages of any kind, including lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, arising from your use of the Service or any product, even if advised of their possibility. Our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION You agree to indemnify, defend, and hold us harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to your breach of these Terms of Service or violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement. These Terms of Service are effective until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site. If you fail to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination.

SECTION 17 - ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us.

SECTION 18 - GOVERNING LAW These Terms of Service and any separate agreements for Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

SECTION 20 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at info@cladsmartmelbourne.com.au or by calling us at 0431 328 367.