THIS WEBSITE IS OWNED AND OPERATED BY SUTCLIFFE & MORT PTY LTD TRADING AS SM MARKETPLACE ABN 33 167 622 577.  THESE TERMS AND CONDITIONS FORM OUR CONTRACT WITH YOU.

Risk & Allergies

• Risk of loss or damage to the products passes to you once products have been purchased and left the store.
• If any product information including, technical, nutritional or labelling detail, is provided with any products, the information is general in nature and may not be accurate or complete. We use our best endeavours to ensure that the products that we supply comply with labelling laws if they apply.
• However, you are responsible and must rely upon your own enquiries relating to any product information including whether or not the product and any ingredients in it will affect you in any way including, for example, if you have any food allergies.  We take cross contamination very seriously, however we are not an allergen-free environment and therefore can not guarantee that items do not contain traces of allergens.
• If you have any concerns about any of products you must take the appropriate independent advice from your clinician or appropriate health professional concerning your individual circumstances,

Warranties

• We provide our website and its content on an ‘as-is’ and ‘as-available’ basis and do not warrant that its content, features and functionality will be error-free or uninterrupted.
• Please refer to our FAQ‘s for more information concerning our product return policy.
• SM Marketplace makes no warranties or representations about our website or any of its content and we exclude to the maximum extent permitted by law any liability which may arise as a result of your use of this our website and its content.
• If warranty liability cannot be excluded, any liability incurred by us in relation to your use of this website or the content is limited to the extent provided in the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
• SM Marketplace limits its liability for warranties and guarantees in respect of applicable goods and services that cannot be excluded and are implied in these Terms and Conditions under the Australian Consumer Law as follows:

• in the case of product, to replace or pay the cost of replacing or acquiring the product or to supply equivalent product; and
• in the case of services, to re-supply or pay the cost of having the services supplied again.
• All third party supplier products that are sold by SM Marketplace are subject to the express warranties provided to us by those suppliers.  We provide no warranty in relation to those products including in relation to label information and data other than in the terms of the express warranties that the suppliers provide to us.

Privacy

• SM Marketplace is committed to protecting your personal information and will comply with the Privacy Act (Cth) and the Australian Privacy Principles.
• Please read our Privacy Policy.
• By using and accessing our website, you consent to SM Marketplace collection and lawful use of your personal information.
• We will only use and disclose your information for the purposes of processing your orders; providing a more personalised shopping experience;  sending you our e-news;  and otherwise as more fully set out in our Privacy Statement.

Liability and indemnity

• SM Marketplace is not responsible for any loss that you suffer by visiting this website including as a result of the transmission of any computer virus.
• You indemnify SM Marketplace against any liability, loss, damage, cost (including the cost of any settlement and legal costs and expenses on a solicitor and own client basis) compensation or expense sustained or incurred by us as a result of your act or omission except to the extent that we contributed to the liability, loss, damage, cost, compensation or expense.
• Our liability to you including under any indemnity will be reduced to the extent that you or any third party caused or contributed to the liability, loss, damage, cost, compensation or expense.
• To the extent permitted by law, we exclude liability to you for any indirect, incidental, special or consequential loss.

Website Content and Intellectual Property

• SM Marketplace makes reasonable efforts to ensure that our website content including any information that we provide in our blog is correct. We do not warrant or represent that the content at our website including the images of our products will always be accurate, complete or up-to-date.
• All content at our website (for example, graphics, photographs, trademarks and domain names) are either owned or licensed by SM Marketplace and are protected by intellectual property rights and unfair competition laws. Third parties may have an interest in any of that intellectual property.
• You may copy, download and print our website content solely for your personal use and information. You must not use any of our content for any commercial purpose.  Unless SM Marketplace, and any third party rights holder with an interest in the content, first gives written consent, you must not otherwise use any of the content, for example, to modify it; reproduce or adapt it;  create any derivative works;  or remove any trademarks or other proprietary notices.
• Any use of our website content that is not authorised in accordance with these Terms and Conditions may be an infringement of intellectual property rights and among other things result in termination of your right to access and use our website.

Third party links

• Our web site may contain links to third party web sites. We provide the links solely for your convenience.  We have no control over their operators or their website content or terms and conditions of use and we do not sponsor, endorse or approve of the websites.  You are responsible for making your own decisions about any information, content, products or services that may be available at any time at those web sites.
• If you establish a link to our website then you accept responsibility for doing so. We reserve the right any time to prevent linking to our website.  You must not alter any of our content in any way including to frame or re-format any of the pages, images or content at our website; use any of the content at any other website; imply that we sponsor, endorse or approve your website or any content or representation that you make at your website; or use our website or its content for any commercial purpose.

Prohibited conduct

• Without limiting any other provision of the Terms and Conditions you must not do any of the following:

• attempt to gain unauthorised or unlawful access to any feature of our website or any server, system or network connected to our website
• use any device, software or routine to interfere with the proper working of our website, any transaction at our website or anyone’s use of our website
• reverse look-up or trace to its source any information about any other user of our website including any of our customers and their accounts
• forge headers or otherwise manipulate identifiers so as to disguise the origin of any message or transmission that you send us through our website
• test our website for vulnerability including to breach the security or authentication measures on our website
• pretend that you are, or that you represent, anyone else
• reproduce or circumvent the navigational structure of our website and its content including by means of any other device, programme or algorithm to access, copy, monitor or obtain any data, documents or information at our website
• impose a disproportionate load on our website.

Governing Law

• The laws of the State of New South Wales Australia apply to these Terms and Conditions in addition to the Australian Consumer Law. The courts of that State have non-exclusive jurisdiction to decide anything arising under these Terms and Conditions.
• We operate our website from within Australia. If you use our website from any place other than Australia, you are responsible for identifying and complying with all local domestic law of that place as it applies to you and your use of our website.

Other information and complaints

• Please contact us if you have any questions.

If you have any complaints please notify us at hello@smmarketplace.com.au and we will respond as quickly as possible.

CONTACT DETAILS:
Customer Service Department
SM Marketplace
34 Amax Ave, Girraween NSW 2145