Terms and Conditions
We expressly disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, informational content, and noninfringement of third party rights. We do not warrant that your website will meet your requirements or that the operation of the site will be uninterrupted or error-free, or that defects in the site will be corrected. We do not warrant or make any representations regarding the use or the results of your website in terms of its correctness, accuracy, reliability or otherwise. You further agree that we provide our services to you on an "as-is" and "as-available" basis. Neither we nor any of our directors, officers, employees or agents shall have any liability to you for any failure or delay to maintain or provide to you any service offered by us.
SME Store at its sole discretion, may change the terms, conditions and operation of this Web site (the "Site") at anytime. By using this service the user agrees to the terms of this disclaimer and further waives any rights or claims it may have against SME Store.
Limitation of Liability
You agree that we will not be liable to you or any other person for any loss that may occur due to (a) any act or omission by you or your agent (whether authorized or unauthorized); (b) any loss of content utilized by you or your agent; (c) the use of your website; (d) access delays or access interruptions to the site; (e) the non-delivery or misdelivery of data between you and us; (f) events beyond our reasonable control; (g) the processing of any order submitted by you or your agent; (h) the processing of any modification to your order; or (i) the failure by you or your agent to pay any fees hereunder. furthermore, we will not be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed the total amount paid by you to us. To the extent applicable, state law does not allow the limitation of liability for consequential or incidental damages, our liability is limited to the maximum extent permitted by law.
We reserve the right at any time to:
(i) alter fees; and
(ii) to vary or amend the terms and conditions which cover such fees, for access to or use of all or some parts of the Site.
Period of Contract
The initial period of this contract shall be for 30 days and customer may cancel contract at any time by providing 30 days notice to SME Store.
Personal Data and Cookies
During your use of SME Store, we may issue to and request from your computer blocks of data known as “cookies”. You must not alter any cookies sent to your computer from the Site and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from SME Store.
In the event that any provision of this Agreement should be found by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained shall not in any way be affected or impaired thereby.
Venue and Choice of Law
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the New South Wales, Australia without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the state courts located in Sydney, NSW, Australia.