Terms and Conditions of Sale
SmartTrace reserves the right to change or modify these terms and conditions of sale at any time.
Limitation of Liability
In no event shall SmartTrace be liable for incidental, consequential, indirect, special damages or other damages whether in contract, tort or any other legal theory, including without limitation, (i) loss of use, revenue or profit; (ii) failure to realize expected savings or for other economic loss; (iii) damages for the replacement of equipment; (iv) cost of recovery; or (v) reprogramming or reproducing any program or data stored in or used with SmartTrace branded products, even if SmartTrace shall have been advised of the possibility of such potential loss or damage. The liability of SmartTrace for direct damages relating to any SmartTrace branded product shall be limited to the actual price paid for such SmartTrace branded product. The foregoing limitations and exclusions apply to the extent permitted by law.
Upon ordering any product or service from SmartTrace, these Terms and Conditions constitute a legally valid and binding agreement between yourself and SmartTrace Pty Ltd. (“SmartTrace”).
SmartTrace endeavors to offer you competitive prices. Your total payment due includes the price of the product plus any applicable tax and shipping charges. SmartTrace reserves the right to change prices at any time.
If any of the Consumer Terms and Conditions are deemed to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining terms and conditions shall not in any way be affected or impaired thereby.
A waiver or default of any of the Consumer Terms and Conditions shall not be deemed to be a continuing waiver, or a waiver of any other default or any other term or condition.
SmartTrace shall not be liable for any failure to perform according to these Terms and Conditions, if such failure is caused by circumstances beyond its reasonable control including, but not limited to, acts of God, acts of war, labour dispute, natural disaster, government action or accident.
Website Terms and Conditions
Your access and use of www.smartTrace.com.au and www.smart-trace.com is subject to these Terms and Conditions.
Disclaimer of Liability
We are not liable to you or anyone else for any Loss in connection with use of this Web Site or a Linked Web Site or the failure to provide this Web Site.
In no event will we, our officers, employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, successors or assigns be liable to any party for any direct, indirect, special, consequential or other damages for any use of this website; or use of any linked website, even if we are expressly advised of the possibility of such damages. The term “damages” includes, without limitation, attorney fees, lost profits, business interruption and loss of programs or other data.
The documents, graphics and images published at this Web site may include inaccuracies or typographical errors. We are not liable to you or anyone else if errors occur in the information on this Web Site or if that information is not up-to-date. We reserve the right to modify the information contained in this Web site without notice.
Copyright and Trademark Information
All trademarks, marked brands, copyrights, logos or other intellectual property found on any part of the Site are the property of their respective owners. You may display, download or print the information displayed on the Site (the “Information”) for your own internal purposes provided that you retain all copyright and other proprietary notices contained on such Information. You may not, however, use, reuse, repost, distribute, modify or transmit any Information for commercial purposes by you or others or for public use, including any text, images, audio, and video without the written permission of its owner.