Smarter Life & Leisure TERMS OF USE
Please read these terms carefully before using or accessing this site. By using or accessing the site, you agree to be bound by these terms. Smarter Life & Leisure may amend these terms at any time and all amendments will take effect immediately on posting of the amended terms. You should also refer to the privacy policy for users.
AGREEMENT BETWEEN USER AND Smarter Life & Leisure
Smarter Life & Leisure Web Site is offered to you and conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of Smarter Life & Leisure Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE
Smarter Life & Leisure reserves the right to change the terms, conditions, and notices under which Smarter Life & Leisure Web Site is offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on Smarter Life & Leisure Web Site. Your continued use of Smarter Life & Leisure Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFY SERVICES
Smarter Life & Leisure may modify, suspend, discontinue or expand the extent of the services provided on this site at any time in its absolute discretion.

INFORMATION ON THIS SITE
Smarter Life & Leisure Web Site presents information provided by our suppliers. We make no representations as to the accuracy of the information presented at or via the Web Site.

You agree that you must evaluate, and bear all risks associated with, the use of all information at the Web Site, including any reliance on the accuracy, completeness, or usefulness of it. By using the Web Site you agree that Smarter Life & Leisure and any of its subsidiary or related or affiliated companies or any of their employees or agents are not responsible for:

a) the accuracy or otherwise of the information displayed or omitted from the Web Site;
b) any person’s reliance on the information presented on the Web Site;
c) any loss in connection with the use of the Web Site.

PROPRIETARY RIGHTS
You acknowledge and agree that:

a) the Web Site and any necessary software used in connection with the Web Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws;
b) the Content contained in sponsor advertisements or information presented to you via the Web Site or third parties such as advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Except as expressly authorised by Smarter Life & Leisure or the relevant third parties, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web Site, in whole or in part.

DISCLAIMER OF WARRANTIES
You expressly understand and agree that:

a) your use of the Site is at your sole risk.
b) the Site is provided on an “as is” and “as available” basis.
Smarter Life & Leisure expressly disclaims all warranties of any kind, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Smarter Life & Leisure makes no warranty that:

a) the Site will meet your requirements;
b) the Site will be uninterrupted, timely, secure, or error-free;
c) the results that may be obtained from the use of the Web Site will be accurate or reliable;
d) the quality of any products, services, information, or other material purchased or obtained by you through the Web Site will meet your expectations; and
e) any errors in the Web Site will be corrected.

Any material downloaded or otherwise obtained through the use of the Web Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Smarter Life & Leisure or through or from the Web Site shall create any warranty not expressly stated.

If under any law any terms, conditions or warranties which apply to the supply of goods or services through the Site cannot legally be excluded, restricted or modified then those terms, conditions and warranties apply to the extent required by that law. Except as expressly stated in the terms of use, conditions and warranties that would otherwise be implied are excluded.

LIMITATION OF LIABILITY
You understand and agree that Smarter Life & Leisure, its related corporations and the employees and agents of each is not liable for any damages, economic or other loss or damage whether direct, indirect, incidental, special, consequential or exemplary and even if Smarter Life & Leisure has been advised of the possibility of such damages, arising out of any breach of any implied or express term, condition or warranty or suffered as a result of the negligence of any of them (including without limitation loss of profits, goodwill, use, data or other intangible losses) or in respect of:

a) the use of, or the inability to use the Web Site;
b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into via or from the Web Site;
c) unauthorised access to or alteration of your transmissions or data;
d) statements or conduct of any third party on the Site; or
e) any other matter relating to the Site or products ordered through the Site.

To the extent permitted by law Smarter Life & Leisure liability for any breach of a condition or warranty which must be implied into the terms of use by the Trade Practices Act 1974 (Cth) is limited to:

in the case of goods supplied by Smarter Life & Leisure to any one of the following at our option:
a) the replacement of the goods or the supply of equivalent goods;
b) the repair of the goods;
c) the payment of the cost of replacing the goods or of acquiring equivalent goods;
d) the payment of the cost of having the goods repaired; and
in the case of services supplied by Smarter Life & Leisure to any one of the following at our option:
e) the supplying of the services again;
f) the payment of the cost of having the services supplied again.

INDEMNITY
Smarter Life & Leisure relies on you observing these terms at all times. You agree to indemnify and hold Smarter Life & Leisure and its officers and employees harmless from any claims of any nature whatsoever (including legal costs) by any third party arising out of or in connection with your use of this site. The indemnity is this clause extends to and covers your breach of these terms.

RIGHTS TO USE INFORMATION YOU SEND US
If you send any information to us whether by email or in any other form, then we have the right to reproduce, distribute, transmit, create derivative works of or publicly display any materials or other information that you submit. This right extends to any ideas you might send us in regard to new or improved products or services.

NOTICES
Notices must be in writing and may be given by hand, ordinary prepaid post, facsimile or email. A notice by us to you is taken to be duly given and received -
• if delivered by hand, when delivered;
• if delivered by prepaid ordinary post, on the second business day after posting; and
• if delivered by facsimile, upon completion of transmission and receipt by the sender of the appropriate transmission report; and
• if delivered by email, one business day after sending.

GENERAL
These terms are covered by the law in force in the State of Queensland and the parties are to submit to the non-exclusive jurisdiction of the courts of Queensland.

If any of these terms is held by any court to be invalid, the remaining terms will remain in full force and effect.