Terms of service

 

 

 

Refund Policy

SMB Consultants Pty Ltd as trustee for SMB Consultants Trust trades under SMB Consultants and within these Terms and Conditions will be referred to as SMB Consultants

SMB Consultants Refund & Returns Policy

If for any reason you are not completely satisfied with your purchase we will give you a 30-day money-back guarantee from the time you receive the goods. Please email us at returns@smbconsultants.com.au within that time if you are not satisfied with your purchase so that we can resolve any problems.

This refund policy does not apply to goods which have been worn or used, damaged after delivery, or if any attempt has been made to alter the product or if they have been dropped or broken. All products must be returned in their original condition or a 20% restocking fee may apply. The restocking fee will be assessed once we have received the goods back.  All postage and insurance costs are to be paid by the buyer. We recommend that you return the product via Registered post and that you prepay all postage. You assume any risk of lost, theft or damaged goods during transit and therefore advise you take out shipment registration of insurance with your postal carrier. SMB Consultants will not be responsible for parcels lost or damaged in transit if you choose not to insure.

Returns 

Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately, we can’t offer you a refund or exchange. 

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. 

Several types of goods are exempt from being returned. Perishable goods such as food, flowers, newspapers or magazines cannot be returned. We also do not accept products that are intimate or sanitary goods, hazardous materials, or flammable liquids or gases. 

Additional non-returnable items: 

- Gift cards 

- Downloadable software products 

To complete your return, we require a receipt or proof of purchase. 

Please do not send your purchase back to the manufacturer. 

There are certain situations where only partial refunds are granted (if applicable) 

- Any item not in its original condition is damaged or missing parts for reasons not due to our error 

- Any item that is returned more than 30 days after delivery 

Refunds (if applicable) 

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. 

If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. 

Late or missing refunds (if applicable) 

If you haven’t received a refund yet, first check your bank account again. 

Then contact your credit card company, it may take some time before your refund is officially posted. 

Next, contact your bank. There is often some processing time before a refund is posted. 

If you’ve done all of this and you still have not received your refund yet, please contact us at weborders@smbconsultants.com.au. 

Sale items (if applicable) 

Only regular priced items may be refunded, unfortunately, sale items cannot be refunded. 

Exchanges (if applicable) 

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at weborders@smbconsultants.com.au and send your item to SMB Consultants, PO Box 453 MENAI CENTRAL NSW 2234, Australia.

Gifts 

If the item was marked as a gift when purchased and shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned item is received, a gift certificate will be mailed to you. 

If the item wasn’t marked as a gift when purchased, or the gift giver had the order shipped to themselves to give to you later, we will send a refund to the gift giver and he will find out about your return. 

 

Shipping 

To return your product, you should mail your product to SMB Consultants, PO Box 453 MENAI CENTRAL NSW 2234, Australia.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. 

Depending on where you live, the time it may take for your exchanged product to reach you may vary. 

If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

----------------------------------------------------------------------------------------------- 

Privacy Policy

SMB Consultants Pty Ltd as trustee for SMB Consultants Trust trades under SMB Consultants and within these Terms and Conditions will be referred to as SMB Consultants

SMB Consultants | Privacy Policy

Introduction

SMB Consultants regards customer privacy as an important part of our relationship with our customers. The following privacy policy applies to all SMB Consultants users and conforms to Internet privacy standards. If you have questions or concerns regarding this statement, you should first contact Peter Klein at 1300 919 929.

This Privacy Policy describes how your personal information is collected, used, and shared when you visit or make a purchase from shop.smbconsultants.com.au (the “Site”). 

Personal information we collect 

When you visit the Site, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information”. 

We collect Device Information using the following technologies: 

- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org. 

- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps. 

- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site. 

Additionally, when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers ), email address, and phone number. We refer to this information as “Order Information”. 

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information. 

How do we use your personal information? 

We use the Order Information that we collect generally to fulfil any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to: 

- Communicate with you; 

- Screen our orders for potential risk or fraud; and 

- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services. 

We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns). 

Sharing your Personal Information 

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout. 

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful requests for information we receive, or to otherwise protect our rights. 

Behavioural advertising 

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work. 

You can opt-out of targeted advertising by using the links below: 

- Facebook: https://www.facebook.com/settings/?tab=ads 

- Google: https://www.google.com/settings/ads/anonymous 

- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads 

 

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/. 

Do not track 

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser. 

Your rights 

If you are a European resident, you have the right to access the personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below. 

Additionally, if you are a European resident we note that we are processing your information in order to fulfil contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States. 

Data retention 

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information. 

Changes 

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons. 

Minors 

The Site is not intended for individuals under the age of 18.

Contact us 

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at weborders@smbconsultants.com.au or by mail using the details provided below: 

SMB Consultants [Re: Privacy Compliance Officer]

Collection of Information

In order to use the SMB Consultants website, we may require information from you in order to provide the best service possible. All correspondence may also be collected and stored, particularly in regard to sales, support and accounts, including Email. Any information collected by SMB Consultants is collected via correspondence from you or your company. This may be via the telephone, Email, mail, fax or directly through our website.

Use of Collection Information

Any details collected from SMB Consultants customers are required in order to provide you with our products and/or services, and a high level of customer service. Correspondence is recorded in order to provide service references and to assist in our staff development.

Storage of Collected Information

The security of your personal information is important to us. When you enter sensitive information (such as credit card numbers) on our website, we encrypt that information using secure socket layer technology (SSL). When Credit Card details are collected, we simply pass them on in order to be processed as required. We never permanently store complete Credit Card details. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. If you have any questions about security on our Website, you can email us at info@smbconsultants.com.au.

 

Access to Collected Information

If your personally identifiable information changes, or if you no longer desire our service, you may correct, update, delete or deactivate it by emailing us at unsubscribe@smbconsultants.com.au.

Orders

If you purchase a product or service from us, we may request certain personally identifiable information from you. You may be required to provide contact information (such as name, Email, and postal address) and financial information (such as credit card number, expiration date). We use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.

Communications

SMB Consultants uses personally identifiable information for essential communications, such as Emails, accounts information, and critical service details. We may also use this information for other purposes, including some promotional Emails. If at any time a customer wishes not to receive such correspondence, they can request to be removed from any mailing lists by emailing us at unsubscribe@smbconsultants.com.au. You will be notified when your personal information is collected by any third party that is not our agent/service provider, so you can make an informed choice as to whether or not to share your information with that party.

Third Parties

SMB Consultants may at its discretion use other third parties to provide essential services on our site or for our business processes. We may share your details as necessary for the third party to provide that service. These third parties are prohibited from using your personally identifiable information for any other purpose. SMB Consultants does not share any information with third parties for any unknown or unrelated uses.

 

Legal

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.

Links

Links on the SMB Consultants site to external entities are not covered within this policy. The terms and conditions set out in this privacy statement only cover the domain name of smbconsultants.com.au

Changes to Privacy Policy

If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, by Email, or by means of a notice on our homepage.

SMB Consultants | Security Policy

SMB Consultants uses the PayPal Payment GatPayPal for its online credit card transactions. PayPal processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the Internet. All online credit card transactions performed on this site using the PayPal gateway are secured payments.

Payments are fully automated with an immediate response.

Your complete credit card number cannot be viewed by SMB Consultants or any outside party.

All transactions are performed under 128 Bit SSL Certificate.

All transaction data is encrypted for storage within PayPal’s bank-grade data centre, further protecting your credit card data.

PayPal is an authorised third party processor for all the major Australian banks.

PayPal at no time touches your funds; all monies are directly transferred from your credit card to the merchant account held by SMB Consultants.

For more information about PayPal and online credit card payments, please visit www.PayPal.com.au

------------------------------------------------------------------------------------------------

 

Terms Of Service 

SMB Consultants Pty Ltd as trustee for SMB Consultants Trust trades under SMB Consultants and within these Terms and Conditions will be referred to as SMB Consultants

Terms & Conditions of Sale

smbconsultants.com.au

General

Any order accepted by SMB Consultants, its parent or its subsidiaries (hereinafter called “the Company”) for the supply of Goods and/or services shall be deemed to incorporate these Terms and Conditions of Sale. No variation or modification of, or substitution for these Terms and Conditions of Sale (even if included in, or referred to in, the document placing the order) shall be binding on the Company, unless previously and specifically accepted by the Company in writing. Acceptance of these Terms and Conditions of Sale does not necessarily imply access to all the Company’s products. Certain products are classified as Authorised Products and are not necessarily available to all the Company’s customers. The Company may make changes to these Terms and Conditions of Sale (including any credit terms) from time to time by notice to the Customer. The Customer is treated as having accepted the changed terms if it sends an order to the Company after receiving its notice of those changes.

OVERVIEW 

This website is operated by SMB Consultants. Throughout the site, the terms “we”, “us” and “our” refer to SMB Consultants. SMB Consultants offers this website, including all information, tools and services available from this site as well as any and all representations included in Proof of Concept proposals and Full Project implementations and any other consultation service 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 , including but not limited to a Proof of Concept Project, Full Implementation Project or any other consultancy service, 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 and contractors with our consultation services, 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 or engaging with us for the delivery of any Proof of Concept Project, Full implementation project of any other consultancy service . 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 an online e-commerce platform that allows us to sell our products and services to you. 

 

SECTION 1 - ONLINE STORE TERMS AND DIRECT PROOF OF CONCEPT AND/OR FULL IMPLEMENTATION PROJECTS AND ANY OTHER CONSULTATION SERVICE 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province 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 unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 

You must not transmit any worms or viruses 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. 

 

SECTION 2 - GENERAL CONDITIONS 

We reserve the right to refuse service to anyone for any reason at any time. 

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. Credit card information is always encrypted during transfer over networks. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. 

The headings used in this agreement are included for convenience only 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 or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. 

Further, we are not responsible for the reliability or effective operation of any software recommended and/or supplied by us. It is the clients sole responsibility to satisfy themselves either at the Proof of Concept stage of a project or at any other time as to the suitability and reliability of any software recommended by us.

It is also the responsibility of the client to review all critical workflows and/or integrations for their business at the time of the Proof of Concept or at any other time and to not rely on any representation by SMB Consultants without having first tested these workflows and/or integrations directly.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 

Prices for our products are subject to change without notice. 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. 

We shall not be liable to you or to any third-party 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 as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 

We reserve the right, but are not obligated, 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 anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 

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 e‑mail and/or billing address/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. 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. 

 

For more detail, please review our Returns Policy. 

 

SECTION 7 - OPTIONAL TOOLS 

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). 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also 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 third-party websites that are not affiliated with us. 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. 

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. 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. 

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, 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. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are 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 right. You further agree that your comments will not contain libelous 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. 

 

SECTION 10 - PERSONAL INFORMATION 

Your submission of personal information through the store is governed by our Privacy Policy. To view 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 that may relate 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 at any time without prior notice (including after you have submitted your order). 

We undertake 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. 

 

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: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) 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. 

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 

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 or meet your operational requirements. It is the client’s sole responsibility to satisfy themselves that any operational software and/or integrations meet their requirements.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. 

You expressly agree that your use of, or inability to use, the service is at your sole 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. You accept full responsibility to ensure all and any workflows, operational software and/or integrations as presented and installed as part of any Proof of Concept Projects, Full Implementation Projects or any other consultation meet your operational requirements.  

In no case shall SMB Consultants, 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. 

 

SECTION 14 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless SMB Consultants 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. 

 

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 nonetheless 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 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 sole judgment 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). 

 

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 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. 

 

SECTION 18 - GOVERNING LAW 

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 Australia. 

 

SECTION 19 - CHANGES TO 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. 

 

SECTION 20 - CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at weborders@smbconsultants.com.au

 

Ownership

The risk in any Goods supplied by the Company to a Customer shall pass to the Customer when such Goods are delivered to the Customer or into custody on the Customer’s behalf. Until the Customer has discharged all outstanding indebtedness to the Company in respect of all Goods, the Company retains ownership in all Goods delivered to the Customer or into custody on the Customer’s behalf (Retained Goods).

Until payment in full of such indebtedness for all Goods has been made to the Company, the Customer acknowledges and agrees that: (i) it holds the Retained Goods as fiduciary and bailee agent for the Company; (ii) it will store, at all times, the Retained Goods separately from its or any 3rd party’s goods so that they remain identifiable; (iii) it will not encumber or allow any charge or security interest over the Retained Goods except as provided in these Terms and Conditions of Sale; (iv) it will insure the Retained Goods; and (v) the Company is permitted to enter into the Customer’s premises without prior notice to inspect and/or repossess the Retained Goods, and to keep or resell any of the Retained Goods repossessed.

Personal Property Securities Act 2009 (“PPSA”)

The Customer acknowledges and agrees that by agreeing to these Terms and Conditions of Sale (in particular, by virtue of the preceding clause headed “Ownership”) the Customer grants a security interest pursuant to the PPSA to the Company in any Goods supplied by the Company to the Customer and any proceeds of the sale of such Goods.

The Company may register on the Personal Property Securities Register (PPSR) a security interest or purchase money security interest (PMSI) in the Goods. The Company may, on request, seek reimbursement from the Customer for the costs and expenses incurred by the Company in relation to registering, maintaining or releasing any financing statement or financing change statement (each as defined in the PPSA) in respect of any security interest or PMSI under these Terms and Conditions of Sale.

The Customer undertakes promptly: (i) to do all things, sign any further documents and provide any further information (which information the Customer warrants to be complete, accurate and up-to-date in all respects) which the Company may reasonably require to enable the Company to perfect, and maintain the perfection of, its security interest or PMSI (including by registration of a financing statement or financing change statement on the PPSR);(ii) not to register a financing statement or financing change statement in respect of the Goods without the Company’s prior written consent; and (iii) to give the Company no less than 14 days’ prior written notice of any proposed change in the Customer’s name or any other change in the Customer’s details (including, but not limited to, changes in its address, facsimile number or trading name).

Confidentiality

From time to time the Company and the Customer may be required to pass on to each other confidential information about their respective businesses or the Customer may be required to pass on to the Company confidential information about its business to the Company for the commercial benefit of both parties. Any such information given by either party will be held by the other party in strict confidence and will not be passed on to any third party or used for any other purpose other than the direct related purpose for which the information was given. Confidential information excludes information which is: (i) lawfully in the public domain before its disclosure or enters the public domain afterwards otherwise than as a result of an unauthorised disclosure; (ii) becomes available to the receiving party from someone lawfully in possession of it who lawfully discloses it on a non-confidential basis; and (iii) is rightfully known by the receiving party before disclosure of it.

No public announcement or press release relating to the Company or the Company’s products is allowed without the Company’s prior written consent, which will not be unreasonably withheld.

Warranty

All Goods carry a twelve-month, return to base, parts and labour warranty unless otherwise stated. Damage caused by misuse or abuse, electrical damage due to power fluctuations such as surges or spikes, incompatible consumables or software, are not covered under warranty. Consumables or incorrect operation of any Goods according to the manufacturers’ recommendations are not covered under warranty. Proof of purchase is to be supplied with all warranty claims.

Unless otherwise stated in writing, where an extended warranty is taken on any Goods, the scope of that warranty will be as per the standard warranty for the extended period taken. An extended warranty may only be taken on new Goods and cannot be taken retrospectively. Any payment for extended warranty must be made at the time of the original product purchase.

Web Access and Direct Sales of Products and Consultancy Services

The Company’s web site, smbconsultants.com.au provides the Customer with access to product details. For the avoidance of doubt, these Terms and Conditions of Sale apply to all orders placed by the Customer on the Company via the SMB Consultants web ordering portal or directly with the company. The Company reserves the right to restrict access to the web ordering portal at any time without prior notice to the Customer.

Liability

To the maximum extent permitted by law, the Company shall not be liable for any damages or loss of any kind arising from the failure of Goods to function or operate satisfactorily, nor for any direct or indirect, incidental, special, or consequential damage or loss to property or person whatsoever. The Company accepts no responsibility or liability for incorrect placement of orders, including via the web.

Any representation, warranty, condition or undertaking that would be implied in these Terms and Conditions of Sale by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law. Nothing in these Terms and Conditions of Sale excludes, restricts or modifies any condition, warranty, right or remedy that cannot be excluded, restricted or modified.

The Company’s liability for any other liability that has not been excluded, or breach of a condition or warranty that can not be excluded, is limited, at the Company’s option, to re-supplying or paying the cost of re-supplying services and repairing, replacing or paying the cost of repairing or replacing Goods. The Company’s liability will exclude any indirect, incidental, special or consequential damages or loss, including loss of revenue, profits, savings or data. It does not matter whether the damage or loss was foreseeable, arose from negligence, and even if warning was given of its possibility.

Indemnity

Except to the extent of the acts or omissions of the Company (including negligence) giving rise to any claims, damage, loss, liability or expense whatsoever, the Customer will indemnify the Company against any claims by a third party (including merchants), damage, loss, liability or expense whatsoever (including lawyers’ fees on an indemnity basis) that the Company may incur: (i) with respect to any negligent act or omission by, or wilful misconduct of the Customer’s employees, agents, contractors, consultants or representatives; or (ii) as a result of: (a) any warranty condition, representation, indemnity or guarantee granted by the Customer or provided by law in addition to or in lieu of the limited warranties specified in the Warranty clause to the extent permitted by law; (b) any omission or inaccuracy in the Customer’s marketing and promotional materials that relate to the products; (c) any modification of or addition to the Goods not provided or approved by the Company; or (d) the Customer’s failure to comply with these Terms and Conditions of Sale. This clause will not be construed to limit or exclude any other claims or remedies which the Company may assert under these Terms and Conditions of Sale.

Governing Law

Any contract to which these Terms and Conditions of Sale apply shall be governed by and construed in accordance with the laws in force in New South Wales, Australia and the Customer further submits to the exclusive jurisdiction of the courts operating in New South Wales Australia.

Goods

“Goods” as used in this document means those Goods supplied by the Company and includes but not limited to Barcode Printers, Barcode Scanners, Barcode Verifiers, Consumables, Card Printers, Cash Drawers, EFTPOS Terminals, Keyboards, Kiosk Terminals, Mobile Computing Terminals, POS Printers, POS Terminals, Scanner Scales, Security products, Proof of Concept Projects, Full Operational Projects and/or consultancy service or advice or software recommendations.

 

------------------------------------------------------------------------------------------------

 

 

Shipping Policy

SMB Consultants Pty Ltd as trustee for SMB Consultants Trust trades under SMB Consultants and within these Terms and Conditions will be referred to as SMB Consultants

SMB Consultants | Delivery Policy

Physical goods

After ordering online, you will receive an email confirmation from SMB Consultants containing your order details (if you have provided your email address). We will normally confirm receipt of your order within a few minutes of ordering. We will attempt to send your goods via Courier within 2-3 working days; however, if goods are unavailable delivery will take a little longer. If you wish to query a delivery please contact us at orders@smbconsultants.com.au