Terms & Conditions

1. About the Website
(a) Welcome to www.smgroupvic.com.au The Website provides you
with an opportunity to browse and purchase various products that have been
listed for sale through the Website (the 'Products'). The Website provides this
service by way of granting you access to the content on the Website (the
'Purchase Services').
(b) The Website is operated by SM GROUP VICTORIA PROPRIETARY LIMITED(ACN 677
399 129). Access to and use of the Website, or any of its associated Products or
Services, is provided by SM GROUP VICTORIA PROPRIETARY LIMITED. Please read
these terms and conditions (the 'Terms') carefully. By using, browsing and/or
reading the Website, this signifies that you have read, understood and agree to
be bound by the Terms. If you do not agree with the Terms, you must cease
usage of the Website, or any of Services, immediately.
(c) SM GROUP VICTORIA PROPRIETARY LIMITED reserves the right to review and change
any of the Terms by updating this page at its sole discretion. When SM GROUP
VICTORIA PROPRIETARY LIMITED updates the Terms, it will use reasonable
endeavours to provide you with notice of updates to the Terms. Any changes to the
Terms take immediate effect from the date of their publication. Before you continue,
we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept
the Terms by clicking to accept or agree to the Terms where this option is
made available to you by SM GROUP VICTORIA PROPRIETARY LIMITED in the
user interface.

3. Registration to use the Purchase Services
(a) In order to access the Purchase Services, you must first register as a user of the
Website. As part of the registration process, or as part of your continued use of
the Purchase Services, you may be required to provide personal information
about yourself (such as identification or contact details), including:
(i) Email address
(ii) Preferred username
(iii) Telephone number
(iv) Full name

(b) You warrant that any information you give to SM GROUP VICTORIA
PROPRIETARY LIMITED in the course of completing the registration process
will always be accurate, correct and up to date.
(c) Once you have completed the registration process, you will be a registered
member of the Website ('Member') and agree to be bound by the Terms. As a
Member you will be granted immediate access to the Purchase Services.
(d) You may not use the Purchase Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with SM GROUP
VICTORIA PROPRIETARY LIMITED; or
(b) you are a person barred from receiving the Purchase Services under the
laws of Australia or other countries including the country in which you
are resident or from which you use the Purchase Services.

4. Your obligations as a Member
(a) As a Member, you agree to comply with the following: You will use the
Purchase Services only for purposes that are permitted by:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or
guidelines in the relevant jurisdictions;
(iii) you have the sole responsibility for protecting the confidentiality of your
password and/or email address. Use of your password by any other
person may result in the immediate cancellation of the Purchase Services;
(iv) any use of your registration information by any other person, or third parties, is
strictly prohibited. You agree to immediately notify SM GROUP VICTORIA
PROPRIETARY LIMITED of any unauthorised use of your password or email
address or any breach of security of which you have become aware;
(v) access and use of the Website is limited, non-transferable and allows
for the sole use of the Website by you for the purposes of SM GROUP
VICTORIA PROPRIETARY LIMITED providing the Purchase Services;
(vi) you will not use the Purchase Services or Website for any illegal and/or
unauthorised use which includes collecting email addresses of Members
by electronic or other means for the purpose of sending unsolicited email
or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of
solicitation may be removed from the Website without notice and may result
in termination of the Purchase Services. Appropriate legal action will be taken
by SM GROUP VICTORIA PROPRIETARY LIMITED for any illegal or

unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or
its Purchase Services is prohibited.
5. Purchase of Products and Returns Policy
(a) In using the Purchase Services to purchase the Product through the Website,
you will agree to the payment of the purchase price listed on the Website for the
Product (the 'Purchase Price').
(b) Payment of the Purchase Price may be made through online (the 'Payment
Gateway Provider'). In using the Purchase Services, you warrant that you have
familiarised yourself with, and agree to be bound by, the applicable Terms and
Conditions of Use, Privacy Policy and other relevant legal documentation
provided by the Payment Gateway Providers.
(c) Following payment of the Purchase Price being confirmed by SM GROUP VICTORIA
PROPRIETARY LIMITED, you will be issued with a receipt to confirm that the
payment has been received and SM GROUP VICTORIA PROPRIETARY LIMITED
may record your purchase details for future use.
(d) SM GROUP VICTORIA PROPRIETARY LIMITED may, at their sole discretion, provide a
refund on the return of the Products within 14 days where the Product packaging
is unopened and remains in a saleable condition. You acknowledge and agree
that you are liable for any postage and shipping costs associated with any refund
pursuant to this clause.

6. Warranty
(a) SM GROUP VICTORIA PROPRIETARY LIMITED's Products come with guarantees that
cannot be excluded under the Australian Consumer Law. You are entitled to a
replacement or refund for a major failure of the Product and compensation for
any other reasonably foreseeable loss or damage. You are also entitled to have
the Products repaired or replaced if the Products fail to be of acceptable quality
and the failure does not amount to a major failure (the 'Warranty').
(b) You may make a claim under this clause (the 'Warranty Claim') for material
defects and workmanship in the Products within 12 months 24 months from
the date of purchase (the 'Warranty Period').
(c) In order to make a Warranty Claim during the Warranty Period, you must provide
proof of purchase to SM GROUP VICTORIA PROPRIETARY LIMITED showing the date
of purchase of the Products, provide a description of the Products and the price
paid for the Products by sending written notice to SM GROUP VICTORIA
PROPRIETARY LIMITED at Level 3 697 Collins Street, Docklands , Victoria,
3008 or by email at admin@smgroupvic.com.au.

(d) Where the Warranty Claim is accepted then SM GROUP VICTORIA PROPRIETARY
LIMITED will, at its sole discretion, either repair or replace any defective Products
or part thereof with a new or remanufactured equivalent during the Warranty
Period at no charge to you for parts or labour. You acknowledge and agree that
you will be solely liable for any postage or shipping costs incurred in facilitating
the Warranty Claim.
(e) The Warranty shall be the sole and exclusive warranty granted by SM
GROUP VICTORIA PROPRIETARY LIMITED and shall be the sole and exclusive
remedy available to you in addition to other rights and under a law in relation
to the Products to which this warranty relates.
(f) All implied warranties including the warranties of merchantability and fitness
for use are limited to the Warranty Period.
(g) The Warranty does not apply to any appearance of the supplied Products nor to
the additional excluded items set forth below nor to any supplied Products where
the exterior of which has been damaged or defaced, which has been subjected
to misuse, abnormal service or handling, or which has been altered or modified
in design or construction.

7. Delivery
(a) You acknowledge that the Purchase Services offered by SM GROUP VICTORIA
PROPRIETARY LIMITED integrate delivery (the ' Delivery Services') through
the use of third party delivery companies (the ' Delivery Service Providers').
(b) In providing the Purchase Services, SM GROUP VICTORIA PROPRIETARY LIMITED
may provide you with a variety of delivery and insurance options offered as part
of the Delivery Services by the Delivery Service Providers. You acknowledge and
agree that SM GROUP VICTORIA PROPRIETARY LIMITED is not the provider of these
delivery and insurance options and merely facilitates your interaction with the
Delivery Service Providers in respect to providing the Delivery Services.
(c) In the event that an item is lost or damaged in the course of the Delivery
Services, SM GROUP VICTORIA PROPRIETARY LIMITED asks that you:
(i) contact the Delivery Service Provider directly to request a refund or to
claim on any insurance options available; and
(ii) contact us by sending an email to admin@smgroupvic.com.au outlining
in what way the Products were damaged in transit so we are able to
determine if the Delivery Service Provider should be removed from the
Purchase Services.
8. Copyright and Intellectual Property

(a) The Website, the Purchase Services and all of the related products of SM
GROUP VICtTORIA PROPRIETARY LIMITED are subject to copyright. The material on
the Website is protected by copyright under the laws of Australia and through
international treaties. Unless otherwise indicated, all rights (including copyright) in
the site content and compilation of the website (including text, graphics, logos,
button icons, video images, audio clips and software) (the 'Content') are owned or
controlled for these purposes, and are reserved by SM GROUP VICTORIA
PROPRIETARY LIMITED or its contributors.
(b) SM GROUP VICTORIA PROPRIETARY LIMITED retains all rights, title and interest in
and to the Website and all related content. Nothing you do on or in relation to
the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark,
industrial design, patent, registered design or copyright of SM GROUP
VICTORIA PROPRIETARY LIMITED; or
(b) the right to use or exploit a business name, trading name, domain
name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a system or process).
(c) You may not, without the prior written permission of SM GROUP VICTORIA
PROPRIETARY LIMITED and the permission of any other relevant rights
owners: broadcast, republish, up-load to a third party, transmit, post, distribute,
show or play in public, adapt or change in any way the Content or third party
content for any purpose. This prohibition does not extend to materials on the
Website, which are freely available for re-use or are in the public domain.

9. Privacy
(a) SM GROUP VICTORIA PROPRIETARY LIMITED takes your privacy seriously and
any information provided through your use of the Website and/or the Purchase
Services are subject to SM GROUP VICTORIA PROPRIETARY LIMITED's Privacy
Policy, which is available on the Website.

10. General Disclaimer
(a) You acknowledge that SM GROUP VICTORIA PROPRIETARY LIMITED does not make
any terms, guarantees, warranties, representations or conditions whatsoever
regarding the Products other than provided for pursuant to these Terms.
(b) SM GROUP VICTORIA PROPRIETARY LIMITED will make every effort to ensure a
Product is accurately depicted on the Website, however, you acknowledge that
sizes, colours and packaging may differ from what is displayed on the Website.

(c) Nothing in these Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the
Australian Consumer Law (or any liability under them) which by law may not be
limited or excluded.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which
are not expressly stated in these Terms are excluded; and
(ii) SM GROUP VICTORIA PROPRIETARY LIMITED will not be liable for any
special, indirect or consequential loss or damage (unless such loss or
damage is reasonably foreseeable resulting from our failure to meet an
applicable Consumer Guarantee), loss of profit or opportunity, or damage
to goodwill arising out of or in connection with the Purchase Services or
these Terms (including as a result of not being able to use the Purchase
Services or the late supply of the Purchase Services), whether at common
law, under contract, tort (including negligence), in equity, pursuant to
statute or otherwise.

(e) Use of the Website, the Purchase Services, and any of the products of SM GROUP
VICTORIA PROPRIETARY LIMITED (including the Delivery Services), is at your own risk.
Everything on the Website, the Purchase Services, and the Products of SM GROUP
VICTORIA PROPRIETARY LIMITED, are provided to you on an & quote; as is & quote; and & quote; as available & quote;
basis, without warranty or condition of any kind. None of the affiliates, directors,
officers, employees, agents, contributors, third party content providers or licensors of
SM GROUP VICTORIA PROPRIETARY LIMITED including any third party where the
Delivery Services are made available to you) make any express or implied
representation or warranty about its Content or any products or Purchase Services
(including the products or Purchase Services of SM GROUP VICTORIA PROPRIETARY
LIMITED) referred to on the Website. This includes (but is not restricted to) loss or
damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure
to correct defects, delay in operation or transmission, computer virus or
other harmful component, loss of data, communication line failure,
unlawful third party conduct, or theft, destruction, alteration or
unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website,
the Purchase Service, or any of its Content related products (including
third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchase
Services or any of the Products;
(iv) the Content or operation in respect to links which are provided for the

User's convenience;
(v) any failure to complete a transaction, or any loss arising from e-
commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or
publication of any materials relating to or constituting such conduct.

11. Limitation of Liability
(a) SM GROUP VICTORIA PROPRIETARY LIMITED 's total liability arising out of or in
connection with the Purchase Services or these Terms, however arising,
including under contract, tort (including negligence), in equity, under statute or
otherwise, will not exceed the most recent Purchase Price paid by you under
these Terms or where you have not paid the Purchase Price, then the total
liability of SM GROUP VICTORIA PROPRIETARY LIMITED is the resupply of
information or Purchase Services to you.
(b) You expressly understand and agree that SM GROUP VICTORIA PROPRIETARY
LIMITED, its affiliates, employees, agents, contributors, third party content
providers and licensors shall not be liable to you for any direct, indirect,
incidental, special consequential or exemplary damages which may be incurred
by you, however caused and under any theory of liability. This shall include, but is
not limited to, any loss of profit (whether incurred directly or indirectly), any loss of
goodwill or business reputation and any other intangible loss.
(c) SM GROUP VICTORIA PROPRIETARY LIMITED is not responsible or liable in any
manner for any site content (including the Content and Third Party Content)
posted on the Website or in connection with the Purchase Services, whether
posted or caused by users of the website of SM GROUP VICTORIA
PROPRIETARY LIMITED, by third parties or by any of the Purchase
Services offered by SM GROUP VICTORIA PROPRIETARY LIMITED.
(d) You acknowledge that SM GROUP VICTORIA PROPRIETARY LIMITED does not
provide the Delivery Services to you and you agree that SM GROUP VICTORIA
PROPRIETARY LIMITED will not be liable to you for any special, indirect or
consequential loss or damage, loss of profit or opportunity, or damage to
goodwill arising out of or in connection with the Delivery Services.

12. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by SM
GROUP VICTORIA PROPRIETARY LIMITED as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) notifying SM GROUP VICTORIA PROPRIETARY LIMITED at any time; and

(ii) closing your accounts for all of the Purchase Services which you use,
where SM GROUP VICTORIA PROPRIETARY LIMITED has made this
option available to you.

(c) Your notice should be sent, in writing, to SM GROUP VICTORIA
PROPRIETARY LIMITED via the 'Contact Us' link on our homepage.
(d) SM GROUP VICTORIA PROPRIETARY LIMITED may at any time, terminate the
Terms with you if:
(i) you have breached any provision of the Terms or intend to breach
any provision;
(ii) SM GROUP VICTORIA PROPRIETARY LIMITED is required to do so by law;
(iii) the partner with whom SM GROUP VICTORIA PROPRIETARY LIMITED
offered the Purchase Services to you has terminated its relationship with
SM GROUP VICTORIA PROPRIETARY LIMITED or ceased to offer the
Purchase Services to you;
(iv) SM GROUP VICTORIA PROPRIETARY LIMITED is transitioning to no longer
providing the Purchase Services to Users in the country in which you
are resident or from which you use the service; or
(v) the provision of the Purchase Services to you by SM GROUP
VICTORIA PROPRIETARY LIMITED is, in the opinion of SM GROUP
VICTORIA PROPRIETARY LIMITED, no longer commercially viable.
(e) Subject to local applicable laws, SM GROUP VICTORIA PROPRIETARY LIMITED
reserves the right to discontinue or cancel your membership to the Website at
any time and may suspend or deny, in its sole discretion, your access to all or
any portion of the Website or the Purchase Services without notice if you breach
any provision of the Terms or any applicable law or if your conduct impacts SM
GROUP VICTORIA PROPRIETARY LIMITED's name or reputation or violates the rights
of those of another party.
(f) When the Terms come to an end, all of the legal rights, obligations and liabilities
that you and SM GROUP VICTORIA PROPRIETARY LIMITED have benefited from,
been subject to (or which have accrued over time whilst the Terms have been in
force) or which are expressed to continue indefinitely, shall be unaffected by this
cessation, and the provisions of this clause shall continue to apply to such
rights, obligations and liabilities indefinitely.

13. Indemnity
(a) You agree to indemnify SM GROUP VICTORIA PROPRIETARY LIMITED, its affiliates,
employees, agents, contributors, third party content providers and licensors
from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered
or arising out of or in connection with any Content you post through the
Website;
(ii) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so and any breach by you or your
agents of these Terms; and/or
(iii) any breach of the Terms.

14. Dispute Resolution
(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not
commence any Tribunal or Court proceedings in relation to the dispute, unless
the following clauses have been complied with (except where urgent
interlocutory relief is sought).
(b) Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms,
must give written notice to the other party detailing the nature of the dispute,
the desired outcome and the action required to settle the Dispute.
(c) Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms
('Parties') must:
(i) Within 21 days of the Notice endeavour in good faith to resolve the
Dispute expeditiously by negotiation or such other means upon which they
may mutually agree;
(ii) If for any reason whatsoever, 21 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the If a dispute arises in relation to these
terms, a mediation body can be used by the parties to resolve the
dispute or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting
the foregoing undertake to pay any amounts requested by the mediator as
a pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(iv) The mediation will be held in Melbourne, Australia.

(d) Confidential:
All communications concerning negotiations made by the Parties arising out of
and in connection with this dispute resolution clause are confidential and to
the extent possible, must be treated as & quote; without prejudice & quote; negotiations for the
purpose of applicable laws of evidence.
(e) Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the
Dispute has not been resolved, either Party may ask the mediator to terminate
the mediation and the mediator must do so.

15. Venue and Jurisdiction
(a) The Purchase Services offered by SM GROUP VICTORIA PROPRIETARY LIMITED is
intended to be viewed by residents of Australia. In the event of any dispute
arising out of or in relation to the Website, you agree that the exclusive venue for
resolving any dispute shall be in the courts of Victoria, Australia.

16. Governing Law
(a) The Terms are governed by the laws of Victoria, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way
relating to the Terms and the rights created hereby shall be governed, interpreted
and construed by, under and pursuant to the laws of Victoria Australia, without
reference to conflict of law principles, notwithstanding mandatory rules. The
validity of this governing law clause is not contested. The Terms shall be binding
to the benefit of the parties hereto and their successors and assigns.

17. Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent
legal advice and declare the Terms are not against public policy on the grounds
of inequality or bargaining power or general grounds of restraint of trade.

18. Severance
(a) If any part of these Terms is found to be void or unenforceable by a Court of
competent jurisdiction, that part shall be severed and the rest of the Terms
shall remain in force.