INFORMATION ABOUT US
SmartFox (available at www.smartfox.co.nz and www.smartfoxstore.com.au) is operated by SmartFox. We are based in New Zealand and offer shipping to both New Zealand and Australia.
APPLICABLE TERMS AND CONDITIONS
These Terms and Conditions, along with the following additional policies, govern your use of our Website and any transactions made through it:
- Privacy Policy
- Cookies Policy
- Terms of Supply for Products
- Returns Policy
- Promotional Code Terms
- Any other relevant policies we may publish from time to time
Please read these Terms and Conditions carefully before using our Website. They apply to your use of our Website and any purchases or services you engage with. By using our Website, you agree to these Terms and Conditions.
CHANGES TO THESE TERMS
We may update our Terms and Conditions at any time by changing this page. Any changes will not apply to orders made before the changes. We encourage you to check for updates periodically. By continuing to use our Website after any changes, you accept the updated Terms.
CHANGES TO OUR WEBSITE
We may update or change the content on our Website at any time without notice. While we aim to keep the content accurate and up to date, we’re not obligated to do so.
ACCESSING OUR WEBSITE
Our Website is free to use, though some services or products may require a charge. We do not guarantee that our Website will always be available or uninterrupted. We may suspend, withdraw, or modify the Website at any time without notice. You are responsible for ensuring that you can access our Website and comply with these Terms.
YOUR ACCOUNT AND PASSWORD
If you create an account, you are responsible for keeping your login information secure. You should not share your account details with others. If you believe your account has been compromised, notify us immediately at info@smartfox.co.nz.
We reserve the right to disable your account or password if we believe you have violated these Terms.
ACCOUNT CREDIT
You may receive Account Credit for various actions like redeeming gift vouchers, refunds, or promotional codes. Account Credit cannot be transferred to others and may have an expiry date, depending on how it was acquired. It is your responsibility to use any Account Credit before it expires.
If your account is closed, we will determine if any remaining Account Credit is refundable.
INTELLECTUAL PROPERTY RIGHTS
We own or license all intellectual property rights in the content on our Website. You may print or download parts of the Website for personal use only. Any other use, including for commercial purposes, requires our written consent
Use of Our Website
The content on our website is for general information only and shouldn't be relied on as professional advice. Always seek expert advice before making decisions based on the information provided. While we update the site regularly, we don't guarantee that all information is accurate, complete, or up-to-date. By using our site, you acknowledge that no professional relationship is formed with us.
Prohibited Uses
You can only use our website for lawful purposes. Don't attempt to:
- Break any local, national, or international laws.
- Harm others or spread harmful content.
- Upload viruses or malicious software.
- Use automated tools to access or gather data from our website.
- Try to bypass security measures or disrupt the website.
Viruses and Security
We don't guarantee that our website will be free from viruses or bugs. You’re responsible for your own security and virus protection. Misusing our site with harmful software or attempts to breach security is a criminal offence.
Links to Our Website
You may link to our homepage as long as it’s done fairly and doesn’t harm our reputation. We can withdraw this permission at any time.
Third-Party Links
Our website may contain links to third-party sites for your convenience. We don’t control these sites and aren’t responsible for their content.
Trademarks
All logos, names, and trademarks on our website are owned by us or our partners. You can't use them without permission.
Product Purchases
If you buy products from us, additional terms apply. Make sure you read and understand these terms before making a purchase.
Consumer Protection Laws
The Consumer Guarantees Act 1993 or similar laws don’t apply if you’re buying for business purposes.
Subcontracting and Use of Third Parties
We may use trusted partners to provide some of our services or supply products, and they may communicate with you directly. However, we remain responsible for the services and products we provide.
Events Outside Our Control
We are not responsible for any delays or failures in meeting our obligations due to events beyond our control (e.g., natural disasters, strikes, etc.). If such an event happens, we’ll notify you as soon as possible and extend delivery times as needed. We’ll reschedule product delivery after the issue is resolved.
Suspension and Termination
We have the right to take action if you breach our terms, including:
- Suspending or terminating your access to our website.
- Removing any content you've uploaded.
- Taking legal action for any costs related to the breach.
- Reporting breaches to authorities if necessary.
We may also take other actions if we see fit, and we’re not liable for actions taken in response to breaches.
Our Warranties
We provide our website "as-is," with no guarantees of fitness for any specific purpose. We don’t guarantee that our website will be error-free, uninterrupted, or that it won’t cause damage to your device. You use the website and any downloads at your own risk.
You are responsible for complying with our terms and relevant laws. Any breach of these terms is your responsibility.
Exclusions and Limitations of Liability
We are not responsible for any losses caused by using our website or services. This includes:
- Inability to access or use the website
- Loss of business, data, or reputation
- Damage caused by viruses or other harmful material
- Losses from third-party sites linked to our website
If we are found liable, the maximum amount we’ll pay you is: - Four times the price you paid for the product or service that caused the issue, or
- NZD $1,000 or AUD $1,000, depending on your location
However, we are still liable for: - Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Liabilities that cannot be excluded under Ne