Purchasing of Merchandise
Payment:If you purchase any merchandise through the Smartsaker Service, you will be required to provide the Smartsaker Service with credit card details or information about another payment method. You represent and warrant to the Smartsaker Service that this information is true and that you are authorized to use the payment method. You will be responsible for all taxes associated with your purchase of merchandise through the Service.
Loss and Cancellation:Title and risk of loss for all merchandise ordered by you will pass to you upon our delivery to the shipping carrier. We reserve the right to cancel any order for any merchandise for any reason.
The Smartsaker Service is owned and operated by Smartsaker. Smartsaker is committed to protecting your privacy. At Smartsaker, we never share any customer’s data with any third party. We use the information that you provide for purposes such as responding to your requests, customizing your future shopping experience, improving our stores, and communicating with you. We always try to personalize and improve your Smartsaker shopping experience.
Our Policy explains what information we collect on the Website, how we use and/or share this information, and how this information is maintained by us. By using this Website, you signify your acceptance of this Policy. If you do not agree to the terms of this Policy, in whole or in part, you should not use this Website. Please note that this Policy applies only to the information collected on the Website and not to any information collected or obtained through other methods or sources.
Our Policy ensures that any information that you provide to us remains private and secure. For your reassurance, below we have detailed how the information that you provide to us will and, more importantly, will not be used. We will never collect sensitive information about you without your explicit consent. The information that we hold will be accurate and up to date. You can check the information that we hold about you by contacting us (there may be an administrative fee payable for this). We will delete or correct any inaccuracies promptly.
Personally Identifiable Information That We Collect
We collect personally identifiable information (PII) that is volunteered during Registration or in response to specific information requests that we explicitly present to you.
We may also collect your Internet protocol (IP) address to help diagnose problems with our server and to administer this Website. An IP address is a number that is assigned to your computer when you use the Internet. Your IP address is also used to help identify you during a particular session and to gather broad demographic data.
We may ask for your email address during your use of the Website. Also, to purchase Vouchers you may be requested to provide any or all of the following PII: first and last name, postal address, email address, date of birth, telephone number. and details of a payment method, such as credit card details.
Use and Sharing of PII
All PII is retained in accordance with the Data Protection Act 1998 and other applicable data protection laws in Australia.
We use your PII to provide you with information about Smartsaker, to provide the Service, and to market ourselves to you. It is our policy not to sell or pass any PII to any third-party organizations other than our group companies unless we are required to do so for fraud prevention and detection. We will never sell or rent your PII to anyone else for their marketing or any other commercial purposes without your prior consent.
However, we may pass your PII to our agents and subcontractors to help us to use your data as described in this Policy. For example, we may use third parties to provide us with marketing or customer service assistance or we may send your PII to a credit card provider to process a payment.
We also always reserve the right to disclose PII in order to:
(a) comply with applicable laws;
(b) respond to governmental inquiries (or inquiries from a legal, governmental, or quasi-governmental or local authority agency or Internet protection agency of any type);
(c) comply with a valid legal process or procedure;
(d) protect our rights or property, this Website, and/or other users of this Website.
Please note that as part of any PII sharing that we list above, we may send your information internationally including to countries outside the European Economic Area (EEA). Some countries outside of the EEA may not have adequate data protection laws, or may not have any data protection laws, or PII may not be protected to the same degree as it is in Australia. By submitting PII to us, you acknowledge that, provided that we have used your data in the ways set out in this Policy, we cannot be held responsible for any use of your data by third parties who receive and process your data.
Please note that we may email you for the following purposes:
As part of the Service. For example, we may email you:
- To notify you of your account details after registration.
- - To remind you about the services that we offer (particularly if you have not used our services yet or you have not used them for a long time).
- - To send you information or vouchers that you have requested.
- - To send you our newsletter.
- - To send you promotional offers.
- - To offer you related Smartsaker services.
However, we will always give you the option to unsubscribe from any future marketing or promotional emails that we may send.
Security and Retention
The PII that we hold will be held securely in our systems in accordance with our internal security policy and the law. We hold data for three years from the last time that it is accessed or used by us.
While we take reasonable precautions to safeguard information transmitted between the Website and/or users, we may be unable to prevent unauthorized access to this information by third parties or inadvertent disclosure of such information during transit. Users acknowledge this risk when communicating with the Website.
Transfer in Certain Circumstances
If there is a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization or liquidation of Smartsaker, we may, at our sole discretion, transfer, sell, or assign information collected on and through this Website (including, without limitation, PII and other information) to one or more relevant third parties.
If you have any questions or concerns, or if you wish to request access to your personal information held by Smartsaker, please contact us.
When purchasing products from this Website, the Customer acknowledges and accepts that payment for the products will be transferred to a third-party payment system. The Customer’s basic financial information may be disclosed to the third-party payment system and its operating/controlling entity.
All information received by the third-party payment system and its operating/controlling entity shall be managed in accordance with its Privacy Statement and Terms and Conditions found HERE. The Customer waives all rights to bring legal proceedings against the third-party payment system and its operating/controlling entity regarding the entity’s capacity to receive payments for the operation of the Website in relation to products supplied by the Website operator as a result of payment from the Website.
Changes to this Policy
Please note that this Policy forms part of the Terms and Conditions for the use of this Website and forms part of the Agreement between you and us. We may, from time to time, amend this Policy, in whole or in part, at our sole discretion. Any changes to this Policy will be effective immediately upon the posting of the revised policy on the Website. Depending on the nature of the change, we may announce the change: (a) on the home page of the Website or (b) by email, if we have your email address. However, in any event, by continuing to use the Website following any changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy as may be amended from time to time, in whole or in part, you must terminate your use of the Website.
Smartsaker Service's Proprietary Rights
Service Content, Software, and Trademarks: You are only authorized to use the Smartsaker Service for the purpose of engaging in business transactions with Smartsaker. You may not use any automated technology to scrape, mine, or gather any information from the Smartsaker Service or otherwise access the pages of the Smartsaker Service for any unauthorized purpose. If you are blocked by the Smartsaker Service from accessing the Smartsaker Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (for example, by masking your IP address or using a proxy IP address). The technology and software underlying the Smartsaker Service or distributed in connection therewith are the property of Smartsaker, our affiliates, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sub-license, or otherwise transfer any right in the Software.
The Smartsaker Service may contain images, artwork, fonts, and other content or features (“Service Content”) that are protected by intellectual property rights and laws. Except as expressly authorized by Smartsaker, you agree not to modify, copy, frame, rent, lease, loan, sell, distribute, or create derivative works based on the Smartsaker Service or the Service Content, in whole or in part. Any use of the Smartsaker Service or the Service Content other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Smartsaker.
The Smartsaker name and logos are trademarks and service marks of Smartsaker (collectively the “Smartsaker Trademarks”). Other company, product, and service names and logos used and displayed through the Smartsaker Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Smartsaker. Nothing in these Terms of Service or the Smartsaker Service should be construed as granting any license or right to use any Smartsaker Trademarks displayed on the Smartsaker Service without our prior written permission in each instance. All goodwill generated from the use of Smartsaker Trademarks will inure to Smartsaker’s exclusive benefit.
Third Party Material:Under no circumstances will Smartsaker be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content or materials. To the maximum extent permitted under the applicable law, the third-party providers of such content and materials are express and intended third-party beneficiaries of these Terms of Services with respect to their content and materials.
Smartsaker may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Smartsaker, its users, or the public.