IMPORTANT INFORMATION ABOUT US
These are the legal terms and conditions under which Smooth Stag operates this website and where we use the terms “we”, “us” and “our” we refer to Smooth Stag. When you use this this website you accept of all terms, conditions, policies and notices on this site, including all information, tools and services we make available to you from this site.
Please read these terms and conditions carefully before ordering any products from our site.
When you use our site and purchasing our products, you agree to participate in our “Services” and understand and agree to be bound by the terms and conditions outlined below (“Terms of Service”, “Terms”). Where we add any additional terms we reference or make available to you by hyperlink, our Terms also include these and apply to all users of the site, including but not limited to users who include vendors, customers, merchants, and/ or content partners.
By accessing or using this site, you agree to be bound by these Terms. If you do not agree to these terms, then you may not access the site or use any of these services, and your acceptance is 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 WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
OUR ONLINE STORE TERMS
By using our online store, you represent that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose. You may not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any viruses, worms or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
OUR GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time within the terms of Australian Consumer law. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree not to replicate, reproduce, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the site through which the service is provided, without written permission by us.
The headings used in these terms are included for convenience only and will not limit or otherwise affect these terms.
COMPLETENESS, ACCURACY AND TIMELINESS OF INFORMATION
Whilst Smooth Stag takes as much care as we can, we are not responsible if information made available on this site is not accurate, complete or up to date. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. If you rely on material on this site is at your own risk.
Where this site contains historical information, it is provided for your reference only. We reserve the right to modify the contents of this site at any time but are under no obligation to update any information on our site and by using this site you agree that it is your responsibility to monitor changes to our site.
CHANGES TO THE SERVICE AND OUR PRICES
The prices for our products are subject to change without notice. and we reserve the right at any time to modify or discontinue the Service (or any part or content thereof). We wont be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
OUR PRODUCTS OR SERVICES
Some products or services may have limited quantities.
Although we have made every effort to display as accurately as possible the colours and images of our products, when images are placed on online they may differ from computer to computer. This may be due to monitor types and brands. It is for this reason that we cannot guarantee that your computer monitor’s display of any colour will be accurate.
Sometimes we may have limit the sales of our products or Services to any person on a case by case basis. We reserve the right to limit the sale of any quantities of any products or services that we offer and discontinue any product at any time. All descriptions of products or product pricing are subject to change at any time without notice. Any offer for any product or service made on this site is void at any time the Company deems it so.
Although we try, 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.
ACCOUNT INFORMATION AND BILLING
We reserve the right to refuse any order placed with us at any time. We may, at our discretion, limit or cancel quantities purchased. These restrictions may include orders placed and paid for. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
It is your obligation to ensure you provide current, complete and accurate purchase and account information for all purchases made at with us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
OPTIONAL TOOLS AND THIRD PARTY LINKS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor 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 whatsoever 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 discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Where we from time to time, offer new services and/or features through the website (including, the release of new tools, products and resources), these new features and/or services shall also be subject to these Terms of Service.
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 third-party websites that are not affiliated with us. Although we try, we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
In terms of liability, 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. For this reason, we ask that you please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
COMMENTS, FEEDBACK AND OTHER QUESTIONS
By sending information to Smooth Stag with or without a request such as, creative ideas, suggestions, submissions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), 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. You agree that we are and shall be under no obligation to do the following:
- to maintain any comments in confidence;
- to pay compensation for any comments; or
- to respond to any comments.
We have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
By using our website, you agree that your comments will not:
- will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right;
- contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our website or in the Service that contains typing errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. You note that 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 at any time without prior notice (including after you have submitted your order).
Smooth Stag undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions in the Terms of Service, you agree that you are prohibited from using the site or its content for the following:
- any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Although we do our best, we do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may change or remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You agree when you use our website or service that this is at your own risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Smooth Stag, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
To the maximum extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits, suffered by you or any third party, or claims made against you or any third party which result from any use of or access to, or any inability to use or access, the Site.
To the maximum extent permitted by law, we exclude all representations, guarantees, warranties or terms (whether express or implied) other than those expressly set out in these Terms, and the Australian Consumer Law to the extent applicable.
You agree to indemnify, defend and hold harmless Smooth Stag and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Please note that if any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable fully permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination will not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and 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 in our judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
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 constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Australia, Australia. Because this site may be accessed throughout Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Site.
ANY CHANGES TO OUR LEGAL INFORMATION OR TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about anything you have read should be sent to firstname.lastname@example.org