The terms set out below apply to any payment made to Smartbox Limited ( we, us or our). Please read them carefully. You must accept these terms in order to make any payment to us. You will be asked to confirm acceptance in the booking process.
Authority to accept terms
2. You represent and warrant to us that:
(a) you have the appropriate authority and power to validly accept these terms;
(b) you are over 18 and have legal capacity to contract in Australia; and
(c) if you are using a credit card or direct debit, the credit card or direct debit is issued in your name and/or you have the right to use that credit card or direct debit/bank account.
3. Transactions made using the payment system are processed through a secure third party provider. However, you acknowledge and agree that transactions are never entirely secure or private and that any message or information you provide to Smartbox (including credit card information) may be read or intercepted by others. We will not have any liability for the interception, ‘hacking’ or other unauthorised accessing of information through this website by unauthorised third parties. Credit card details must be communicated by telephone or in person.
4. You must ensure that the transaction, credit card information, and all other details you provide in relation to your payments made to Smartbox are correct. We will not have any liability for transactions which are incorrect as a result of inaccurate data or information provided by you or which is otherwise caused by factors outside of our control.
5. You agree to:
(a) use the payment process only for the purpose of paying us for the Services;
(b) not use or attempt to use the payment process for any illegal or offensive purpose; and
(c) not deliberately damage or disrupt the payment process.
6. We cannot warrant that the payment process will be fault-free or uninterrupted, nor that information provided through the payment process will be error-free or accurate. We will endeavour to ensure the payment process is available at all times.
7. If we believe (in our sole discretion) or know that:
(a) the personal information (including credit card information) you provide to us is not yours;
(b) you do not have the authority to accept these terms; or
(c) the payment you intend to make using the payment process is unauthorised;
we may reject, suspend or cancel any payment you endeavour to make.
8. To the extent permitted by law:
(a) except as expressly set out in these terms, all warranties, representations or guarantees (whether express, implied or statutory) in relation to the payment process are excluded; and
(b) we will not be liable for any damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection to your access and use of the payment process.
9. If for any reason we are held to be liable to you for any breach of these terms or otherwise in relation to your use of the payment process, our maximum liability to you will be limited to $100 in respect of each transaction which you attempt to make using the payment process.
10. Certain legislation including the Trade Practices Act 1974 and other Commonwealth, State and Territory legislation imply warranties and conditions into consumer contracts. These warranties and conditions exist separately from and are not affected by the express warranties in these payment terms. Subject to such legislation and to the express warranties contained in these payment terms all warranties, conditions and liability implied by law are hereby excluded and we shall not be liable for any direct or indirect loss or damage of any kind arising from the supply of Services or use of this payment process.
11. The exclusions and limits set out in these terms will also operate for the benefit of our suppliers, licensors and agents which we use to provide the payment process and this website.
12. You agree to indemnify us in respect of any loss, damage, cost or expense (including reasonable enforcement costs, whether incurred on a solicitor and own client basis or otherwise) suffered or incurred by us as a result of:
(a) a breach by you of any of your obligations under these terms; or
(b) your intentional misuse of the payment process.
13. By accepting these terms you acknowledge that you have read and understood them and agree to abide by them.
Booking Form means the booking form appearing on this website (as amended from time to time);
Intellectual Property includes the design of, and all content appearing on this website, including all trade marks (including logos and trade dress), domain names, copyright, rights in computer software, databases and lists, confidential information, know-how and trade secrets and manuals, whether registered or unregistered;
Services and Smartbox have the meaning given to those terms in the Terms and Conditions (which are available on request by contacting us); and
Storage and Delivery Agreement means the storage and delivery agreement entered into by us and you for the provision of the Services, incorporating the Terms and Conditions (which are available on request by contacting us).