Smart Technology - Legal
General TermsThis website is owned and operated by Smart Communications NZ Ltd. The website is made available to you for your use on the condition that you agree to these Terms and Conditions of Use ('Terms'). References to 'us' mean Smart Communications and references to 'you' mean you, the user of the website. By using the website, you are deemed to have accepted the Terms. The Terms constitute the entire agreement between us and you concerning the website.
1. Copyright in website material
All of the material on and in relation to the website is and remains the property of Smart Communications at all times, or in the case of some material, a third party. You are not permitted to copy, reproduce, modify, transmit, post or distribute, whether electronically or otherwise, any material from the website. Any other use of the website material constitutes a breach of copyright and other proprietary rights. You may copy and email our webpage URL's to your family and friends for private and non-commercial purposes.
2. Intellectual Property
Smart Communications is the owner or authorised user of all intellectual property in and associated with the website. is also the owner or authorised user of the trade marks, logos, names and designs, whether registered or unregistered, in and associated with the website.
You have no rights in or license to any of the intellectual property, trademarks, logos, content, names or designs, whether registered or unregistered, associated with the website.
This website may include advertisements concerning products or services provided by third parties. These advertisements are not recommendations or endorsements by Smart Communications. Smart Communications does not control the content of and is not responsible for the advertisements. Smart Communications will not be held liable for any direct or indirect loss or damage that is alleged to have occurred or has occurred as a result of your use of any goods or services the subject of advertising on the website. Any concerns you have regarding any advertisement on the website should be addressed to the third party advertiser.
4. Third party sites
This website may contain links to third party websites. These links are not recommendations or endorsements by Smart Communications and Smart Communications does not take any responsibility for the content or functionality of those websites. You access those sites solely at your own risk.
5. Usernames and Passwords
If Smart Communications authorises you to register for or otherwise use online shopping, then you must keep your username and password (if any) confidential and not disclose it to any other person. Nor may you permit any other person to use that username or password (either for their own use or on your behalf).
"Content" means avatars, blogs, comments, compliments, criticisms, discussions, forums, images, observations, opinions, pictures, rankings, recommendations, responses, testimonials, text, videos.
"Disseminate" means any form of communication by any means howsoever through any medium, including, without limitation, email, uploading, downloading, posting, listing, posting hyperlinks to, chatting, book-marking, social network sharing (including via Facebook, Twitter, and the like), transmitting, publishing.
From time to time you might be entitled to create and upload Content to be stored on the Smart Communications website provided that:
a. The Content will be your original work;
b. You will not copy, plagiarise, reproduce or otherwise Disseminate the work of any other person;
c. The Content will not infringe the intellectual property rights of any third party;
d. The Content is uploaded or connected in accordance with our instructions from time to time, including via the use of other services and technologies, including YouTube; and
e. You adhere to these Terms.
You grant Smart Communications the non-exclusive, transferable, sub-licensable, perpetual, irrevocable, royalty free, worldwide right to Disseminate, reproduce, edit, modify, distribute, display and delete such Content (in whole or in part) via the Smart Communications website or via such other medium or channel as determined by Smart Communications from time to time.
You consent to other Smart Communications website users accessing, using and viewing the Content.
You will at all relevant times remain the exclusive owner of the Content that you create and upload to the Smart Communications website.
Smart Communications has the unfettered right at any time to temporarily or permanently remove your Content, in part or full.
You waive the following Moral Right's in respect of the Content that you create and upload:
a. The right to attribution of authorship as defined in the Copyright Act 1968, and
b. The right of integrity of authorship as defined in the Copyright Act 1968, and
c. The right not to have the work subjected to derogatory treatment as defined in the Copyright Act 1968.
This section headed "Content" survives the termination of these Terms.
7. Restrictions on use
You must not use the Smart Communications website for any unlawful, immoral or unethical purpose, as we determine in our sole and absolute discretion, including:
a. the Dissemination of unsolicited or unauthorised commercial electronic messages, SPAM, advertising or promotional material;
b. the impersonation or theft of another person’s identity or falsely state or otherwise misrepresent your affiliation with a person, including Smart Communications;
c. the creation or Dissemination of false or alias identities;
d. to harass, threaten, stalk or otherwise communicate with any person against their will;
e. to vilify others, including, without limitation based on race, ethnicity, sex, sexual preferences, religion or politics;
f. the Dissemination of pornography, including child pornography involving a person under the age of 18 years or such age as provided by the laws and/or regulations of the countries or jurisdictions in which you use the Smart Communications website, whichever is younger;
g. to defame, slander or libel any person;
h. for the purpose of money laundering, terrorist activities, causing civil unrest and other criminal activities;
i. for the purpose of phishing;
j. for the purposes of industrial espionage or Dissemination of inside information gained or propagated by unlawful means;
k. to Disseminate or otherwise infringe upon the private and/or confidential information or intellectual property rights of any person or infringe the publicity rights any person;
l. to Disseminate material that is abusive, vulgar, obscene, hateful, tortious or otherwise objectionable. You must not:
a. copy, or allow to be copied, all or part of the Content or underlying website code, other than as expressly permitted under these Terms. You must not Disseminate Content that has been created and uploaded to the Smart Communications website by other people.
b. commercialise all or part of the Smart Communications website;
c. use the Smart Communications website or upload Content to promote, market, distribute or sell any goods or services;
d. make any adaptation, modification or derivative work of the other people's Content;
e. sell, rent, lease, sub-license, assign or transfer all or part of your rights under these Terms;
f. use any type of spider, virus, worm, trojan horse, time bomb, adware, bot, hack, malware, phishing or other malicious codes, computer activity, application, executable, program, software or instructions that are designed to:
i. disable, damage, disrupt or disassemble all or part of the Smart Communications website; or
ii. communicate or seek to communicate with persons using the Smart Communications website;
You are entitled to statutory consumer guarantees under the New Zealand Consumer Law. Smart Communications does not exclude or limit those consumer guarantees.
Smart Communications makes no warranty or guarantee regarding:
a. your use of the website or any material on the website;
b. your ability to access or use the website or any material on the website at any time;
c. the loss or modification of information or material transmitted to or from the website;
d. the absence of any defect, technical problem or virus attached to or arising from the website or the server upon which it is hosted;
e. the use or misuse of the website or any material on the website by other users or the conduct of other users on or through the website;
f. the products displayed on the website being available at any time.
If Smart Communications breaches any term, condition or warranty which is implied by law and cannot be lawfully excluded, the liability of Smart Communications for a breach of the applicable term, condition or warranty is limited to, at the election of Smart Communications:
1. the resupply of the relevant product, advice, service, recommendation or information; or
2. the payment to you of the cost of having the relevant product, advice, service, recommendation or information supplied again. 9. Indemnity
You indemnify Smart Communications, its subsidiaries, related entities, officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of or conduct on the website.
11. Additional Terms
Additional terms and conditions are attached to certain pages of the website such as the Smart Communications VIP Club or competitions from time to time. You should ensure that you are familiar with and are prepared to abide by these additional requirements before you make use of these particular website pages. 12. Changes to the website and your access
Without prior notice to you and in its absolute discretion, Smart Communications reserves the right to:
a. vary or discontinue the website or any page of the website at any time; and
b. suspend or terminate your access to part or all of the website at any time,
and Smart Communications is not liable to you for any loss, damage, cost or expense you may suffer if it exercises any of these rights.
13. Changes to the Terms
Smart Communications reserves the right to amend these Terms from time to time. Amended Terms come into effect from the time they are posted on the website but will not apply retrospectively or to any of your then current orders. You should review this page regularly to ensure that you are aware of any changes to the Terms.
14. Severance of clauses
If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity.
On-Site Appointment Terms
Online Store Terms & Conditions1. Online Shopping Once registered you will be entitled to shop online and purchase products securely with your valid credit card or such other payment methods authorised by us from time to time. By submitting an order you represent and warrant that you are authorised to use the designated card or method of payment and authorise us to charge your order (including taxes and freight charges) to that card or payment method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
2. Product disclaimers Reproduction of colours is as accurate as photographic processes allow, however please note that product colours may vary from what is displayed on your computer monitor and may vary from monitor to monitor and device to device.
Although listed on the website, some items, might not be immediately available or might be temporarily or permanently out of stock. We aim to ensure that our website is accurate, however, sometimes errors occur, for which we apologise.
3. Delivery Please allow up to two (2) working days for delivery of online orders subject to location. Delivery time is subject to stock availability from the fulfilment locations and this period may be extended up to 5 days.
4. Split Orders Smart Communications will send out Split Orders in circumstances where the closest store to the delivery address does not have in stock all products on an order. In this situation Store A will send product/s A and Store B will send product/s B. We will send all deliveries as fast as possible but there may be a discrepancy between the time of arrival at your delivery address of product/s A and product/s B. Each split order delivery will have a split order letter attached to inform you of the fact. Smart Communications will cover any extra delivery costs associated with split orders.
5. Prices All references to $ and dollars on the website are to New Zealand currency. All prices were current* at the time of publication on the website and are inclusive of GST unless otherwise stated
* While we make every endeavour to ensure the accuracy of our website pricing, in the event of system based or human pricing errors if you acquire a product at the incorrect price we will advise you as soon as possible and we reserve the right to cancel the transaction/ your order and refund the mistaken purchase price to you.
6. Freight Freight charges are payable in addition to the product price. A number of different delivery methods may be used depending on the type of order.
If the delivery is by courier, products will not be delivered to an unattended address. The courier requires a signature from an occupant at the specified delivery address. Therefore, we recommend a work address. If no one is available to sign for the parcel a card will be left and the parcel re-directed to the nearest Courier depot. The customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery. Freight includes insurance and packaging.
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