Terms & Conditions

This document contains the terms and conditions governing your use of this Website and your purchase of any goods from GS Group Holdings Pty Ltd (ACN 608 870 480) (”GreenSmart®”) using this Website.

APPLICATION OF THESE TERMS AND CONDITIONS

You agree that your use of this Website and the purchase of any goods will be governed by these terms and conditions (”Terms of Use”).
If GreenSmart® suffers or incurs any loss or damage in connection with any breach of these Terms of Use you agree to indemnify GreenSmart for those losses and damages.

REGISTRATION

You may be asked to provide Personal Information to GreenSmart® before purchasing any goods from this Website. If you do not provide that Personal Information to GreenSmart®, GreenSmart® may not be able to sell you goods.
All Personal Information GreenSmart® collects from this Website will be maintained in accordance with GreenSmart’s Privacy Policy.
GreenSmart® will use its reasonable endeavours to maintain the security of any Personal Information that you provide. This Website has security measures in place to protect the loss, misuse and alteration of the information under GreenSmart’s control. However, no data transmission over the internet can be completely secure, and GreenSmart® cannot give an absolute assurance that the information you provide to us will be secure at all times.
GreenSmart® may use techniques designed to identify fraudulent activities on the Website, such as fraudulent credit card use. If any unauthorised use of your credit card occurs as a result of your credit card purchase on the Website, you should notify your credit card provider in accordance with its reporting rules and procedures.
You agree that GreenSmart® may refuse you access to this Website at any time in its sole discretion.

GOODS/REFUNDS

Goods purchased via this Website are non-refundable and are not available for exchange, unless required by law.
Goods will incur a delivery charge based on geographical distance of the purchaser from the closest point of despatch of the goods from GreenSmart®.
GreenSmart® may at its discretion, refuse to sell goods to you or withdraw any goods from sale via this Website.
All prices listed by GreenSmart® are inclusive of delivery costs. These delivery costs are based on a kilometer radius basis. The deliveries are handled by independent transport companies, engaged by GreenSmart®. Please allow up to 10 working days for your delivery.

PURCHASES AND GST

Goods and services can only be purchased from this website by credit card.
Prices on this Website include GST where applicable.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the copyright and other intellectual property rights in this Website and in all information and materials on this Website (”Website Content”) are owned by GreenSmart®, its affiliates, suppliers or licensors unless expressly indicated. The Website Content is protected by Australian and international copyright and trademark laws.
You agree that you will not do any of the following without GreenSmart’s written permission:

use GreenSmart’s trademarks, except for printing out a copy of this Website or as part of a reference to a GreenSmart® product;
reproduce, copy, modify, merge, adapt, translate, re publish, frame, upload to a third party, post, transmit, broadcast, communicate to the public or otherwise make the Website Content available to the public;
transmit or display the Website Content on any computer, system or network which permits electronic access by more than one user at a time;
use, sell, assign, rent, sub licence or otherwise deal with the Website Content except as permitted by these Terms of Use; or
anything else which would infringe GreenSmart’s rights.

You may view this Website using a web “browser” so long as you do not change the form of copyright and other proprietary notices. If you are interested in a piece of content for your personal, non commercial use, you may save a single copy, print one or download one.

MODIFICATION OF THESE TERMS AND THIS WEBSITE

You agree that GreenSmart® may at any time, in its sole discretion, modify:

the look and feel of this Website;
the Website Content; or
these Terms of Use, with such modifications to take effect from the time that they are posted to this Website.

WEBSITE USAGE

You agree that in using this Website, you will not:

interfere with the usage of this Website by others;
use this Website in an illegal manner;
upload, post, email or otherwise transmit any document or information to this Website that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, sexually, ethnically or otherwise objectionable or vilifying;
upload, post, email or otherwise transmit any document or information to this Website that infringes any Intellectual Property Rights of any person;
upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
interfere with or disrupt this Website, the server hosting this Website, or servers or networks connected to the server hosting this Website.

REPRESENTATIONS AND WARRANTIES

You acknowledge and agree that apart from where required by law, this Website and all Website Content are provided “as is” without warranties of any kind, express or implied.
You acknowledge that, apart from where stated to the contrary on this Website, GreenSmart® has not made any representations or given any warranties:

as to the functionality or content of this Website;
as to the accuracy or completeness of any Website Content;
that access to this Website will be uninterrupted or error free or that the Website or the server which stores and transmits the Website Content to you are free from viruses;
that any links contained on this Website will provide you with any useful information;
that goods in particular colours, sizes will be available for sale to you.

DISCLAIMER

Except as provided by law, neither GreenSmart® nor its employees, officers and agents of GreenSmart® will be under any liability to you, in contract, tort or otherwise, in respect of any loss or damage (including consequential loss or damage, loss of profits, economic loss or loss of information) which may be suffered or incurred or which may arise directly or indirectly in respect of:

your use of this Website;
the accuracy, completeness or usefulness of any Website Content or information contained in that Website Content;
any goods or services supplied pursuant to these Terms of Use; or
in respect of the failure of GreenSmart® to comply with its obligations under these Terms of Use.

IMPLIED TERMS

Where legislation implies in these Terms of Use any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of or liability under such condition or warranty, the condition or warranty will be deemed to be included in these Terms of Use. However, the liability of GreenSmart® for any breach of such condition or warranty or any other breach of these Terms of Use will be limited, at the option of GreenSmart®, to one or more of the following:

If the breach relates to goods:
the replacement of the goods or the supply of equivalent goods;
the repair of such goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods; or
the payment of the cost of having the goods repaired; and
If the breach relates to services:
the supplying of the services again; or
the payment of the cost of having the services supplied again.

GOVERNING LAW

These Terms of Use shall be construed in accordance with and shall be governed by the laws in force in the State of Victoria.
You irrevocably submit to and accept the exclusive jurisdiction of any of the Courts of the State of Victoria or the Commonwealth of Australia and any courts of appeal from these courts.