Legal

Terms of Service

Smooth Wholesales Pty Ltd · ABN 90 423 373 600

This website is operated by Smooth Wholesales Pty Ltd ATF The Trustee for Smooth Wholesale Unit Trust ("Smooth Wholesales," "we," "us," and "our"). By accessing or using our website, you agree to be bound by the terms, conditions, policies, and notices outlined in these Terms of Service ("Terms"). These Terms govern your use of our website, including all content, features, and services available through it.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by these Terms, including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to our current store or services will also be subject to these Terms. We reserve the right to update, change, or replace any part of these Terms by posting updates or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

By using this site, you acknowledge that you have read and understood our Terms of Service and agree to comply with them.

Section 1 — Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least 18 years of age and reside in Australia. If you are using this site on behalf of a business or organisation, you represent that you have the authority to bind that entity to these Terms of Service.

You may not use our products or services for any illegal, unauthorised, or prohibited purposes, including but not limited to violating any laws in your jurisdiction (including copyright laws, trade regulations, and privacy laws). You must not transmit any worms, viruses, or harmful code that may compromise the functionality or security of our website or services.

A breach or violation of any of the Terms will result in the immediate termination of your Services. We reserve the right to seek legal remedies and pursue compensation for any damages resulting from such violations.

You are responsible for ensuring that your use of this website and our services complies with all applicable laws and regulations. By placing an order through our website, you agree to provide accurate and truthful information and to fulfil any contractual obligations related to the order.

If you are accessing our site from outside Australia, you are responsible for ensuring compliance with any local laws and regulations.

Section 2 — General Conditions

We reserve the right to refuse service to anyone for any reason at any time. This includes, but is not limited to, cases where we suspect fraudulent activity, abuse of our services, or violation of these Terms of Service.

You understand that your content (excluding credit card information) may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks, and we take all reasonable measures to protect your sensitive data.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without express written permission from us.

You are responsible for maintaining the confidentiality of your account login details, including your username and password, and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account or password.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

We reserve the right to terminate your access to the website or our services at any time, without notice, if we believe that your conduct violates any applicable law or is harmful to our interests or the interests of others.

Section 3 — Accuracy, Completeness and Timeliness of Information

We strive to ensure that the information on this site is accurate and up-to-date; however, we do not guarantee that all information made available on this site is free of errors, complete, or current. The material on this site is provided for general information purposes only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.

This site may contain historical information that, by its nature, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time without obligation to update any information. It is your responsibility to monitor changes to our site and verify any information before relying on it.

We are not liable for any inaccuracies, omissions, or errors in the information provided on this site. If you encounter an error, we encourage you to notify us so that we can address it promptly.

Section 4 — Modifications to the Service and Prices

Prices for our products and services are subject to change without notice. We reserve the right to modify or discontinue any part of the Service, including product offerings and pricing, at any time without prior notice.

We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service. However, any orders confirmed before a price change will not be affected by the new pricing.

We also reserve the right to impose additional fees or charges related to specific services, features, or transactions at our discretion. You will be informed of any additional charges before completing your transaction.

While we strive to provide accurate pricing information on our website, errors may occur. In the event that a product is listed at an incorrect price due to a typographical error or pricing error received from our suppliers, we reserve the right to refuse or cancel any orders placed for the product listed at the incorrect price, even if your order has been confirmed or payment has been processed. If payment has already been made, we will issue a refund for the cancelled order.

Section 5 — Products or Services

Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear in the store. However, we cannot guarantee that your computer monitor's display of any colour will be accurate, and actual product colours may vary slightly.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products, pricing, and availability are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. However, we strive to ensure that all products meet industry standards and are free from defects in materials and workmanship at the time of sale.

If you have specific requirements for the use or application of a product, please contact us before purchasing to confirm that the product is suitable for your intended purpose. It is your responsibility to ensure that the products or services you purchase from us meet your needs.

Section 6 — Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete, and accurate purchase and account information for all purchases made through our website. You agree to promptly update your account and other information, including your email address, billing address, shipping address, phone number, and payment details, so that we can complete your transactions and contact you as needed.

If we suspect that the information provided is inaccurate, fraudulent, or incomplete, we reserve the right to suspend or terminate your account, cancel orders, or take legal action. You are responsible for maintaining the confidentiality of your account details, including your username and password, and for restricting access to your account.

In the event of an unauthorised transaction or suspected breach of security, please notify us immediately. We are not responsible for any losses or damages resulting from unauthorised access to your account due to your failure to safeguard your account information.

For more details, please review our Refund Policy.

Section 7 — Optional Tools

We may provide you with access to third-party tools over which we have no control or input. These tools are provided on an "as is" and "as available" basis without any warranties, representations, or conditions of any kind. We do not endorse or guarantee the functionality, accuracy, or reliability of any third-party tools.

You acknowledge and agree that we provide access to these tools without any liability for any issues arising from or relating to your use of them. Any use of optional tools offered through our website is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and agree to the terms on which tools are provided by the relevant third-party provider(s).

In the future, we may offer new services and/or features through the website, including the release of new tools and resources. Any new features, services, or tools introduced will also be subject to these Terms of Service.

If you experience any issues or have concerns about third-party tools, we encourage you to contact the relevant third-party provider directly. However, if you believe an issue with a third-party tool impacts our services, please notify us, and we will make reasonable efforts to assist.

Section 8 — Third-Party Links

Certain content, products, and services available through our Service may include materials from third parties. These third-party links are provided for your convenience only and are not an endorsement by Smooth Wholesales of the content, products, or services offered by these third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We do not control or monitor the content, policies, or practices of any third-party websites and are not responsible for examining or evaluating their content, accuracy, or compliance with legal requirements. We make no warranty or representation regarding the quality, safety, legality, or accuracy of any materials, products, or services offered by third-party websites.

We are not liable for any harm or damages related to your purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. It is your responsibility to review carefully the third party's policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

If you choose to leave our website and access third-party websites, you do so at your own risk. We encourage you to read the terms of service and privacy policies of any third-party websites that you visit.

Section 9 — Personal Information

Your submission of personal information through our store or website is governed by our Privacy Policy. By providing personal information to us, you consent to the collection, use, storage, and disclosure of your information in accordance with our Privacy Policy.

We take the privacy and security of your personal information seriously and implement appropriate measures to protect it. However, you acknowledge that the transmission of data over the internet is never completely secure, and we cannot guarantee the security of your personal information transmitted to our website.

For details on how we collect, use, protect, and disclose your personal information, including your rights and options regarding your data, please review our Privacy Policy. By using our website and services, you agree to the terms of our Privacy Policy.

If you have any concerns about the handling of your personal information, please contact us directly through the contact details provided in the Privacy Policy.

Section 10 — Errors, Inaccuracies and Omissions

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

We do our best to ensure that all information provided on our website and related communications is accurate and up-to-date. However, we cannot guarantee that the content on our website will be free from errors, inaccuracies, or omissions at all times. If you notice any errors or inconsistencies, we encourage you to notify us so that we can correct them promptly.

We are not responsible for any loss or damage arising from the use of inaccurate or incomplete information on our website. Your use of the information provided on this site is at your own risk.

Section 11 — Delivery and Ownership of Goods

We strive to ensure that all orders are delivered promptly and in a timely manner. Most orders are dispatched from our warehouse within 3 business days. However, factors beyond our control may result in delays, and we do not accept any liability for loss or damage suffered due to such delays.

Once your order has been dispatched, ownership and risk in the goods pass to you, the customer. You will receive a tracking code to monitor the shipment of your order. It is your responsibility to track your order and communicate with the shipping carrier regarding any issues that may arise during transit.

All orders shall be delivered to the shipping address provided by you during checkout unless otherwise arranged for pickup from our warehouse facility. It is your sole responsibility to ensure that the shipping address provided is accurate and up-to-date. We do not accept liability for any loss, delays, or damage resulting from incorrect or incomplete shipping address information.

Shipping costs displayed on the website are indicative only and shall be confirmed with you after an order is placed. Shipping costs may vary depending on the location, size, and weight of the order, and are subject to change.

We ship all orders with insurance included in the shipping cost. At your request, we may ship your order without insurance; however, we do not accept liability for loss or damage suffered by anyone as a result of uninsured shipments.

We are not responsible for the delivery times of orders once they have been dispatched. In the event of delays, please contact the shipping carrier using the tracking information provided. If you require further assistance, we will make reasonable efforts to help resolve any issues with your delivery.

If a shipment is returned to us due to incorrect address information or failure to collect the package, you may be responsible for additional shipping fees to resend the order.

Section 12 — Returns

We accept returns if the goods are faulty, damaged, or incorrectly supplied against the order, in accordance with Australian consumer law. Returns are subject to the following conditions:

1. Faulty or Damaged Goods: If your order arrives faulty or damaged, please notify us within 14 business days of receiving the goods. Depending on the nature of the issue, we may offer a replacement, repair, store credit, or refund. Proof of purchase and photographic evidence of the fault or damage may be required. We reserve the right to request that the faulty item be returned to us for assessment before any resolution is finalised.
2. Incorrectly Supplied Goods: If you receive an incorrect item, please notify us within 14 business days of delivery. We will arrange for the return of the incorrect item and the delivery of the correct product at no additional cost to you. We may request that the incorrect item be returned to us before a replacement is dispatched.
3. Eligibility for Return: To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. If the product has been used, damaged after delivery, or is no longer in its original packaging, we may not be able to accept the return.
4. Return Shipping: For faulty, damaged, or incorrectly supplied items, we may either provide a prepaid return shipping label or reimburse your return shipping costs after the item is received and assessed. If we deem the return reasonable but not related to a fault or error on our part, you may be responsible for covering the return shipping costs, unless otherwise agreed upon.
5. Alternative Resolutions: In some cases, we may offer other reasonable resolutions to satisfy the situation, such as applying a credit to your account or offering store credit instead of a refund. These options will be discussed with you, and we will work towards a solution that is fair and reasonable based on the specific circumstances.
6. Non-Returnable Items: Certain items are non-returnable unless faulty, such as perishable goods, custom products, or products clearly marked as non-returnable at the time of purchase.
7. Refunds: Once your return is received and inspected, we will notify you of the status of your refund. If approved, your refund will be processed, and a credit will automatically be applied to your original method of payment within a certain amount of days. In some cases, we may apply a credit to your account or offer store credit as an alternative to a direct refund.
8. Store Credit and Replacements: Depending on the nature of the return, you may be offered store credit or a replacement product as an alternative to a refund. We reserve the right to offer an alternative resolution based on the specifics of the situation.

All return claims should be made in writing via our contact form or by telephone. We aim to resolve all return requests as quickly as possible.

Section 13 — Cancellation and Alterations of Orders

1. Order Cancellation: No cancellation or partial cancellation of orders shall be accepted by us unless we have provided written consent. Requests for cancellation must be made within 24 hours of placing the order. If the order has already been dispatched or picked up, it cannot be cancelled, and the goods may only be returned if they are faulty, damaged, or incorrectly supplied.
2. Restocking Fees: In the event that we approve a cancellation request after 24 hours, a restocking fee of at least 10% of the order value may apply, unless otherwise agreed upon. This fee will be deducted from any refund provided or charged separately if the payment has not yet been processed.
3. Alterations to Orders: If you wish to alter your order by adding or removing products, please contact us as soon as possible. Alterations to orders may only be accepted if the order has not yet been processed for dispatch. Once an order is in the shipping process, no alterations can be made. Any additions to your order will require a new or revised invoice, and additional shipping fees may apply.
4. Right to Refuse Cancellations: We reserve the right to refuse any cancellation or alteration requests, particularly if the goods have already been dispatched or picked up. In such cases, the order will be subject to our Returns Policy, and any return will only be accepted for faulty, damaged, or incorrectly supplied goods, unless otherwise agreed.
5. Refund Process: For approved cancellations, refunds will be processed within a reasonable timeframe. Refunds will be issued to the original payment method, unless otherwise agreed upon. Any restocking fees or additional charges will be deducted from the refund amount.
6. Communication: All cancellation and alteration requests must be made in writing via our contact form. We will confirm receipt of your request and notify you of the next steps.

Section 14 — Payment for Orders

1. Payment Requirements: Payment for all orders must be made in full before an order is dispatched or picked up, unless you have an approved credit account with us. Orders will not be processed or dispatched until full payment has been received and cleared into our account. We accept payments via direct deposit, debit/credit card, cash, or direct debit. Debit/credit card payments may be subject to a surcharge, which will be communicated to you before your payment is processed. We reserve the right to cancel any orders for which payment is not received within the specified payment period or to charge late payment fees and interest as outlined below.
2. Credit Accounts: Credit accounts are offered at our sole discretion and are subject to credit checks and approval. Customers with approved credit accounts must adhere strictly to the payment terms specified in their credit agreement. Payment terms for credit accounts are 14 days from the date of invoice unless otherwise agreed upon in writing. If payment is not received within the agreed credit terms, a late fee penalty of 5% per month, calculated on a pro-rata basis, will automatically apply without the need for further notice. We may suspend or cancel any outstanding orders or future deliveries until all outstanding balances, including late fees and interest, have been paid in full. We also reserve the right to revoke your credit account and require all future orders to be paid upfront. In the event of non-payment, we may pursue legal action to recover unpaid amounts, including the cost of debt recovery services, legal fees, and other expenses incurred in recovering the debt. Credit limits are reviewed regularly, and we reserve the right to reduce or revoke credit limits at any time without prior notice.
3. Direct Debit Payments: We may offer customers the option to set up direct debit payments for recurring orders or regular payments. Direct debit payments may be eligible for a discount, which will be communicated to you upon approval of the direct debit arrangement. By setting up a direct debit arrangement, you authorise us to debit your nominated account for the agreed amount on the agreed date. It is your responsibility to ensure that sufficient funds are available in your account to cover the payment. We are not liable for any fees, charges, or penalties that you may incur as a result of insufficient funds in your account. You must notify us in writing at least 14 days in advance if you wish to cancel or modify your direct debit arrangement. Failure to do so may result in continued debits, for which we are not responsible.
4. Payment Security: We take the security of your payment information seriously. All payments made via debit/credit card or direct debit are processed securely using encryption technologies. We do not store full credit card or direct debit details on our servers. However, you acknowledge that no method of transmission over the Internet is completely secure, and we cannot guarantee absolute security. In the event of a security breach, you must notify us immediately, and we will take appropriate steps to secure your account.
5. Late Payments: If payment is not made within the agreed 14-day terms for credit accounts, a late fee penalty of 5% per month, calculated on a pro-rata basis, will be automatically applied. Interest will accrue daily on any overdue amounts from the due date until payment is made in full. Late payment may also result in the suspension of your account and all pending orders. Reinstatement of services will only occur after the full payment of overdue amounts, including late fees, interest, and penalties.
6. Debt Recovery: In the event of non-payment, we reserve the right to engage third-party debt recovery services to recover outstanding amounts. All costs incurred in the recovery of unpaid amounts, including debt collection fees, legal fees, and administrative costs, will be passed on to the customer. Non-payment may also result in the customer being reported to credit reporting agencies, which may affect the customer's credit rating.
7. Ownership and Risk: Ownership of the goods does not pass to you until full payment has been received and cleared. We retain title to all goods supplied until all amounts owed by you are fully paid, including any late fees, interest, and charges. Risk in the goods passes to you upon dispatch or collection. You are responsible for any loss or damage to the goods from the moment they leave our warehouse, even if payment has not been completed.
8. Failed Payments: In the event of a failed payment, including direct debit, we will notify you immediately. You will have 7 days to resolve the issue by providing an alternative payment method. If the issue is not resolved within this timeframe, your order may be cancelled, and any further action will be taken in accordance with our policies, including the application of late fees and debt recovery procedures. Repeated failed payments may result in the permanent suspension of your account and refusal of future business.
9. Payment Discrepancies: If there are any payment discrepancies, such as overpayments or underpayments, you must notify us immediately. We will work with you to resolve any issues as quickly as possible. Overpayments will be credited to your account or refunded at our discretion, while underpayments may delay the dispatch of your order until the full balance is received. We reserve the right to deduct any outstanding amounts from future payments or credits owed to you in the case of unresolved discrepancies.
10. Taxation: All product prices listed on our website are exclusive of Goods and Services Tax (GST) unless otherwise stated. GST will be added at the checkout page and included in the final invoice. You are responsible for any additional taxes, duties, or other fees that may apply to your order based on your location.
11. Payment Disputes: If you dispute a payment or invoice, you must notify us in writing within 7 days of the invoice date. Disputes do not relieve you of your obligation to pay undisputed amounts by the due date. We will investigate and work to resolve the dispute in a timely manner. During the dispute process, we may suspend any further orders until the matter is resolved. Failure to resolve payment disputes promptly may result in the suspension of your account and the application of late payment fees and interest.
12. Termination of Credit Account: We reserve the right to terminate your credit account at any time if you fail to adhere to the payment terms or if we believe there is a risk of non-payment. Upon termination of your credit account, all outstanding amounts will become immediately due and payable. Future orders will require upfront payment.
13. Communication: All issues related to payment, including disputes, discrepancies, and inquiries, must be communicated to us in writing via our contact form. We will respond to your inquiries in a timely manner, but we reserve the right to enforce all payment terms strictly and without exception.

Section 15 — Minimum Quantities and Purchase Amounts

1. Minimum Order Amount: All orders must meet a minimum order amount of $400. Orders that do not meet this minimum will not be processed. This minimum order requirement applies to all customers and product categories unless otherwise agreed upon in writing.
2. Minimum Order Requirements: In addition to the $400 minimum order amount, we may impose minimum order quantities for certain products or categories. These minimums will be clearly communicated on our website or through direct correspondence. Orders that do not meet the minimum quantity requirements may be subject to additional fees to cover the cost of processing small orders or may not be processed.
3. Product-Specific Minimums: Certain products may have specific minimum order quantities due to packaging, manufacturing, or supplier requirements. These product-specific minimums will be outlined on the relevant product pages or communicated during the ordering process. We reserve the right to refuse or adjust orders that do not meet these minimums.
4. Bulk Orders: For bulk orders or large quantities, we may offer special pricing or discounts, which will be discussed on a case-by-case basis. Bulk orders may also be subject to their own minimum order quantities or additional terms and conditions, depending on the product or supplier involved.
5. Order Adjustments: If your order does not meet the minimum quantity or purchase amount requirements, we may contact you to adjust the order accordingly. You will have the option to increase your order to meet the minimum requirements or to accept any additional fees that may apply.
6. Right to Refuse Orders: We reserve the right to refuse any order that does not meet our minimum order amount of $400 or any product-specific minimum quantity requirements. If an order is refused for this reason, you will be notified promptly, and any payments made will be refunded.
7. Special Arrangements: In certain cases, we may waive the minimum order amount or other minimum requirements at our discretion, particularly for long-standing customers or in special circumstances. Any such arrangements will be made on a case-by-case basis and must be agreed upon in writing.

Section 16 — Goods and Services Tax (GST)

1. GST Application: All product prices listed on our website are exclusive of Goods and Services Tax (GST) unless otherwise stated. GST is a 10% tax that applies to most goods and services in Australia, as required by law.
2. GST Calculation: GST will be calculated and added to your order total at the checkout page. The final invoice you receive will clearly display the GST amount applicable to your purchase. This tax will be calculated based on the total value of the goods or services purchased.
3. GST Registration: Smooth Wholesales Pty Ltd is registered for GST in Australia. Our Australian Business Number (ABN) is 90 423 373 600. As a registered entity, we are required to charge GST on taxable goods and services and remit this tax to the Australian Taxation Office (ATO).
4. GST Exemptions: Certain goods or services may be exempt from GST. If any products you purchase are GST-exempt, this will be reflected in your final invoice, and no GST will be charged on those items.
5. International Sales: If you are purchasing from outside Australia, GST may not be applicable to your order. However, you may be responsible for any import duties, taxes, or other fees imposed by your local customs authority. It is your responsibility to verify and pay any such charges.
6. Invoices and Documentation: All invoices issued by us will include details of the GST amount charged, as required by law. If you require additional documentation or information about the GST applied to your order, please contact us.

Section 17 — Prohibited Uses

You are prohibited from using our website, products, or services for any unlawful, unauthorized, or prohibited purposes. In addition to other prohibitions as set forth in these Terms of Service, you agree that you will not:

1. Engage in Illegal Activity: Use the site or any of our services for any illegal purpose or to solicit others to perform or participate in any unlawful acts, including but not limited to violating any international, federal, state, or local laws or regulations.
2. Infringe on Intellectual Property: Infringe upon or violate our intellectual property rights or the intellectual property rights of others, including unauthorized reproduction, distribution, or transmission of any copyrighted, trademarked, or proprietary materials.
3. Harassment and Abuse: Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against others based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
4. Submit False Information: Provide false, misleading, or inaccurate information when using our website or services, including during the registration, ordering, or payment process.
5. Upload Malicious Code: Upload or transmit any viruses, worms, or other malicious code that will or may be used to affect the functionality or operation of our website, services, other websites, or the Internet.
6. Engage in Unlawful Data Collection: Collect or track the personal information of others without their consent, including but not limited to practices such as phishing, spamming, scraping, or harvesting data.
7. Interfere with Security: Attempt to interfere with or circumvent the security features of the website or service, including accessing data not intended for you, breaching or testing the vulnerability of our system, or attempting to gain unauthorized access to any portion of our website or systems.
8. Engage in Fraud: Engage in fraudulent activities, including making unauthorized use of another person's account or payment information, using false identities, or otherwise engaging in deceptive practices.
9. Manipulate Content: Manipulate, modify, or tamper with any content on our website in any way that misrepresents or distorts information or the experience for other users.
10. Unlawful Interference: Interfere with or disrupt the website, servers, or networks connected to the website, or disobey any requirements, procedures, policies, or regulations of networks connected to the website.
11. Prohibited Commercial Use: Use the website or our services for any commercial purpose not expressly permitted by us, including resale of products or services, without our prior written consent.
12. Obscene or Immoral Activity: Use the site or service for any obscene or immoral purpose, including but not limited to the dissemination of inappropriate, offensive, or harmful content.

We reserve the right to terminate your use of the Service or any related website immediately if you violate any of these prohibited uses or engage in any other conduct that we, at our sole discretion, deem inappropriate, harmful, or illegal.

Section 18 — Disclaimer of Warranties; Limitation of Liability

1. Disclaimer of Warranties: We do not guarantee, represent, or warrant that your use of our website or services will be uninterrupted, timely, secure, or error-free. We make no warranties or representations regarding the accuracy, reliability, or completeness of any information provided through the website or services. You expressly agree that your use of the website and services is at your sole risk. The website and all products and services delivered to you through the website are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including but not limited to all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
2. Limitation of Liability: To the fullest extent permitted by law, Smooth Wholesales Pty Ltd, our directors, officers, employees, affiliates, agents, contractors, licensors, service providers, subcontractors, suppliers, and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the website, services, or any products procured using the service, or for any other claim related in any way to your use of the website, services, or products, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the website, services, or any content (or product) posted, transmitted, or otherwise made available via the website or service, even if advised of their possibility. In no event shall our liability exceed the amount you paid, if any, for accessing or using the website or purchasing products through the service. Certain state or jurisdiction laws do not allow the exclusion or limitation of liability for consequential or incidental damages, so in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
3. Third-Party Liability: We assume no liability for any damages or losses arising from your interactions with third-party websites, links, services, or products that are accessed through our website. Your use of third-party services is at your own risk, and we are not responsible for examining or evaluating the content, accuracy, legality, or any other aspects of these third-party services.
4. User Responsibilities: It is your responsibility to evaluate the accuracy, completeness, or usefulness of any content or materials available through our website or services. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through our website or services will meet your expectations or that any errors in the website or services will be corrected.

Section 19 — Indemnification

You agree to indemnify, defend, and hold harmless Smooth Wholesales Pty Ltd, its directors, officers, employees, affiliates, agents, contractors, licensors, service providers, subcontractors, suppliers, and licensors from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

1. Breach of Terms: Your breach of these Terms of Service or the documents they incorporate by reference.
2. Violation of Law: Your violation of any law, regulation, or the rights of a third party.
3. Misuse of Service: Your use or misuse of our website, services, or products, including but not limited to any wrongful or illegal actions taken by you or on your behalf.
4. Third-Party Claims: Any claim made by a third party arising from your use of the website, services, or products, including but not limited to intellectual property infringement, defamation, or violation of privacy rights.
5. User-Generated Content: Your submission, posting, or transmission of any user-generated content, including any liability arising from your content that is false, misleading, defamatory, infringing, or otherwise unlawful.

This indemnity obligation will survive the termination or expiration of these Terms of Service and your use of our website, services, or products. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defences.

Section 20 — Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. This determination shall not affect the validity and enforceability of any other remaining provisions.

If any provision is found to be invalid, unlawful, or unenforceable, the parties agree to amend that provision in a way that reflects, as closely as possible, the original intent of the provision, while remaining enforceable under applicable law. If this is not possible, the provision shall be severed, and the remaining provisions of these Terms of Service will continue to be in full force and effect.

The failure of us to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

Section 21 — Termination

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or when you cease using our website.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Additionally, we may deny you access to our services (or any part thereof) as a result of such termination.

Upon termination of these Terms of Service by either party, your rights to use our services will immediately cease. All provisions of these Terms of Service that by their nature should survive termination, including but not limited to provisions regarding ownership, indemnification, warranty disclaimers, limitations of liability, and governing law, will survive the termination of this agreement.

We reserve the right to terminate or suspend your account and access to our services at any time for any reason, including but not limited to violations of these Terms of Service, fraudulent activity, non-payment, or any other actions that may harm our business or reputation.

Upon termination, any outstanding obligations, such as unpaid invoices or other liabilities, must be settled immediately. We reserve the right to pursue legal action to recover any amounts owed to us following termination.

Section 22 — Entire Agreement

These Terms of Service, together with any policies or operating rules posted by us on this site or in respect to the service, constitute the entire agreement and understanding between you and us and govern your use of our website, services, and products. This agreement supersedes and replaces any prior or contemporaneous agreements, communications, proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. You acknowledge that, in agreeing to these Terms of Service, you have not relied on any representation, warranty, or statement other than as expressly set out in these Terms.

No amendment, modification, or waiver of any provision of these Terms of Service shall be effective unless in writing and signed by both you and us. Any failure by us to enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

Section 23 — Governing Law

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts located in Victoria for the resolution of any disputes or claims arising out of or relating to these Terms of Service, your use of the website, or any products or services provided by us.

Any disputes arising under these Terms of Service shall be resolved in accordance with the laws of Victoria, without regard to its conflict of law provisions. This agreement to submit to the jurisdiction of the courts of Victoria applies regardless of your location or place of residence.

Section 24 — Changes to Terms of Service

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Any updates or modifications to these Terms will be effective immediately upon posting on our website unless otherwise stated. If any changes are significant, we may, at our discretion, notify you via email or other communication methods, but we are under no obligation to do so.

You agree that it is your responsibility to regularly review the Terms of Service for any changes. If you do not agree with any changes made to the Terms, you must discontinue using our website and services immediately.

Section 25 — Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, you may contact us using the details below.