Terms of Sale
Last modified on 29-December-2021
Certain products, services, and digital content may from time to time be made available to you (“you” or “User”) by Dunnsmart Technology Pty Ltd or their corporate affiliates (collectively, “us”, “we” or “Dunnsmart Technology”) through the Dunnsmart Technology web site and related services (“Dunnsmart Technology Services”). By purchasing any additional products, services, or digital content through Dunnsmart Technology Services (“Ancillary Products and Services”), you signify that you have read, understand and agree to be bound by the Terms of Sale in effect at the time of purchase (“Terms of Sale”). Your purchases of Ancillary Services and your use of Dunnsmart Technology Services are also governed by the Dunnsmart Technology Terms of Service (“Terms of Service”), which are incorporated herein by reference.
These Terms of Sale are subject to change without prior written notice at any time, at Dunnsmart Technology’s sole discretion. If Dunnsmart Technology changes these Terms of Sale, we will provide notice of such changes, such as by sending an email, posting a notice on the Dunnsmart Technology Services or updating the “Last Updated” date above. Please check these Terms of Sale periodically for those changes. Any modified terms will apply to any purchases made after such changes are posted on the Dunnsmart Technology Services. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases of, from, at, or through Dunnsmart Technology Services.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Purchase Qualifications; Account Security
To make a purchase on Dunnsmart Technology Services, you may be a registered Dunnsmart Technology Services user, and therefore comply with these Terms of Sale (including the Terms of Service). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. Dunnsmart Technology sells its Ancillary Services only to those users who can legally make purchases with a credit card or online financial services such as PayPal. If you are between the ages of 13 and 18 (or the legal age of majority in your state or country of residence), you may only make purchases on the Dunnsmart Technology Services with the permission of a parent or guardian. Dunnsmart Technology reserves the right to refuse or cancel orders or terminate accounts, at any time at its sole discretion.
Subscription Service Terms
Dunnsmart Technology may offer certain Ancillary Products and Services in connection with the Dunnsmart Technology Services on a subscription basis with recurring payments (“Subscription Services”). Subscription Services may renew automatically, with payment due prior to each renewal. You agree to pay your subscription fee in advance of receiving any such Subscription Service. Dunnsmart Technology reserves the right to discontinue or modify any subscription fee payment option. If we discontinue or modify a subscription payment option, we will provide notice of such discontinuance or modification. You must affirmatively consent to the new payment terms in order to continue receiving the Subscription Services. If you do not so affirmatively consent, your subscription will be cancelled. Also, if you are signing up under any promotional subscription fee, some additional restrictions may apply. These restrictions, if any, will be provided to you before you sign up for the applicable Subscription Service that is subject to the promotion.
You are responsible for all charges incurred under your account. Dunnsmart Technology reserves the right to deactivate Subscription Services to your account if payment is past due, regardless of the dollar amount.
Subscription Service – Automatic Payments
If you choose a Subscription Service (including any pre-paid subscription option or channel subscriptions which reverts to a monthly payment plan at the expiration of the pre-paid period), you hereby grant Dunnsmart Technology permission to automatically charge the subscription fee to your chosen payment method at the beginning of each applicable payment period. Your access to the Subscription Services will not be established until Dunnsmart Technology has verified that the credit card or other payment information you provide Dunnsmart Technology for payment is accurate and that your payment method account is in good standing.
You further agree that Dunnsmart Technology may charge any other applicable fees for the Dunnsmart Technology Services, including any early termination fee, to your payment method.
You are required to keep your billing information current, complete and accurate (for example, if you move, be sure to update your billing address, if you get a new credit/debit card, make sure you update the card number and/or expiration date) and notify Dunnsmart Technology if your selected payment method is cancelled (e.g., for loss or theft).
Dunnsmart Technology reserves the right to suspend or terminate your access to any Subscription Service that is a part of the Dunnsmart Technology Services without notice upon rejection of any charges or if your payment method (or its agent or affiliate) seeks return of payments previously made to Dunnsmart Technology when Dunnsmart Technology believes you are liable for the charges.
Cancellation of Subscription Services
You may choose not to renew your Subscription Service at any time by contacting [email protected]. Your cancellation is effective at the end of the current subscription term.
When you make a purchase on the Dunnsmart Technology Services, you have immediate access to and use of the Ancillary Products and Services you have purchased. Accordingly, you lose your right to cancel once you have made your purchase and we do not offer any refunds or credits, including fees for Subscription Services.
Payment Method and Terms
We currently accept major credit cards, certain debit cards, PayPal and/or such other payment methods we may make available to you from time-to-time through our site, as forms of payment. You are subject to all terms and conditions of the payment method you choose. By submitting an order through the Dunnsmart Technology Services, you authorize Dunnsmart Technology, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars, except where other currencies are offered via the payment methods made available by Dunnsmart Technology.
PLEASE NOTE: If a purchase has been declined online due to issues with your payment method, please ensure all data is correct and resubmit. If the transaction is not accepted online, please contact us at [email protected].
Dunnsmart Technology may impose an additional transaction fee based on transactions associated with Dunnsmart Technology Services, including a transaction fee applied to purchases from third parties. Such transaction fee will be disclosed to you prior to your consummation of the relevant transaction.
With respect to Ancillary Products and Services you purchase in connection with the Dunnsmart Technology Services, you acknowledge and agree that upon making such Ancillary Products and Services available to you (or to their intended authorized recipients), Dunnsmart Technology will have fully satisfied its obligation to deliver or otherwise provide such products, services or digital content, regardless of any failure or inability to use such products, services or digital content.
Service Descriptions and Availability, Errors
Dunnsmart Technology and its suppliers and licensors continually upgrade and revise the Dunnsmart Technology Services to provide you with new Ancillary Products and Services. Dunnsmart Technology may revise, discontinue or modify Ancillary Products and Services at any time without prior notice to you, and Ancillary Products and Services may become unavailable without notice. Dunnsmart Technology shall have no liability of any kind if an Ancillary Service that has been ordered is unavailable. If necessary, Dunnsmart Technology reserves the right to cancel an order or substitute an Ancillary Product or Service of equal or greater value when a product, service or digital content is unavailable.
We attempt to be as accurate as possible and eliminate errors with the Dunnsmart Technology Services; however, we do not warrant that any Ancillary Products and Services or description, photograph, pricing or other information of a product, service or digital content is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Dunnsmart Technology Services, in an order confirmation, in processing an order, delivering an Ancillary Product or Service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. In addition, we may, in lieu of a refund as provided in this paragraph, opt to provide you with a service credit, with a value equal to the amount charged to your payment method. Dunnsmart Technology reserves the right to determine and modify from time to time the exact nature of any such service credit, including conversion into one or more different types of Ancillary Products and Services credits. Your sole remedy in the event of such error is to cancel your order and obtain a refund or credit as set forth above.
You are responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and Dunnsmart Technology reserves the right to collect such taxes or other fees from you at any time.
DUNNSMART TECHNOLOGY SERVICES AND ANY ANCILLARY SERVICES OR ANY OTHER SERVICES MADE AVAILABLE THEREON ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
The Dunnsmart Technology Services and any ancillary products and services or any other products, services or digital content made available thereon are provided “as is” without warranties of any kind, express or implied. Dunnsmart technology and its affiliates, partners, licensors and suppliers disclaim any and all representations and warranties, whether express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Dunnsmart technology cannot guarantee and does not warrant any specific results from use of ancillary products and services or any other products or services. Dunnsmart technology does not represent or warrant that any ancillary products and services or other products, services or digital content or any part thereof, are accurate, complete, reliable, current or error-free or that any aspect of the Dunnsmart Technology services, including, without limitation, the ancillary products and services or any other products, services or digital content are free of viruses or other harmful components. Therefore, you should exercise caution in the use and downloading of any content or materials and use industry-recognized software to detect and disinfect viruses or other malware.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Dunnsmart Technology.
Limitation on Liability
To the fullest extent permitted by applicable law, in no event will Dunnsmart Technology or its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your purchase or use of any ancillary products and services or any other products, services or digital content, even if Dunnsmart Technology is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Dunnsmart Technology’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid by you to Dunnsmart Technology for the ancillary product or service from which the claim arose, but in no case will the Dunnsmart Technology’s liability to you exceed $1,000. You acknowledge that if no amount is paid to Dunnsmart Technology for the ancillary service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from Dunnsmart Technology, regardless of the cause of action.
Governing Law; Venue and Jurisdiction
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH DUNNSMART TECHNOLOGY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM DUNNSMART TECHNOLOGY.
You and Dunnsmart Technology agree to arbitrate any dispute arising from these Terms of Sale or your use of Dunnsmart Technology Services, except that you and Dunnsmart Technology are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Dunnsmart Technology agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Dunnsmart Technology shall be sent to Dunnsmart Technology Pty Ltd, Attn: General Counsel, Unit 14, 42-44 Old Barrenjoey Road, Avalon Beach NSW Australia 2107. You and Dunnsmart Technology further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Sydney NSW, Australia; that arbitration will be conducted confidentially by a single arbitrator in accordance with the NSW Commercial Arbitration Act 2010; and that the state and federal courts in NSW, Australia have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of New South Wales and applicable Australian law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Dunnsmart Technology will not commence against the other a class action, class arbitration or other representative action or proceeding.
You will indemnify, defend and hold harmless Dunnsmart Technology, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with your purchase or use of any products, services or digital content, or any violation of this Agreement or of any law or the rights of any third party.
These Terms of Sale, along with the Terms of Service, constitute the entire agreement between you and Dunnsmart Technology regarding purchases you make of Dunnsmart Technology Services or on or through the Dunnsmart Technology Website, superseding any prior agreements between you and Dunnsmart Technology relating to such purchases. The failure of Dunnsmart Technology to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between these Terms of Sale and the Terms of Service, the Terms of Service shall be controlling.
Please contact [email protected], or write to
Dunnsmart Technology Pty Ltd
42-44 Old Barrenjoey Rd.
Avalon Beach NSW 2107