TERMS OF SERVICE
OVERVIEW
This website is operated by Perceptual. Throughout the site, the terms “we”, “us” and “our” refer to Perceptual. Perceptual provides this website, including all information, tools, and services, conditioned upon your acceptance of all terms, conditions, and policies stated herein.
By accessing our site or purchasing goods, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”). These Terms apply to all users without limitation. Please read them carefully. If you do not agree to these terms, you must cease use of the website and our services immediately.
SECTION 1 – AUSTRALIAN CONSUMER LAW COMPLIANCE Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy conferred by the Competition and Consumer Act 2010 (Commonwealth) or any other applicable Australian law that cannot be excluded. Where our goods or services fail to meet a consumer guarantee under the Australian Consumer Law, you are entitled to a repair, replacement, or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
SECTION 2 – ELIGIBILITY AND CONDUCT By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence. You must not use our products for any illegal or unauthorised purpose, nor violate any laws in your jurisdiction, including the Copyright Act 1968. You must not transmit any viruses or code of a destructive nature. A breach of any term will result in the immediate termination of your Services.
SECTION 3 – GENERAL CONDITIONS We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred unencrypted over various networks. Credit card information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, or exploit any portion of the Service without express written permission from Perceptual.
SECTION 4 – ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse or cancel any order. We may, at our sole discretion, limit quantities purchased per person or per order. You agree to provide current, complete, and accurate purchase and account information. You must promptly update your account details, including email addresses and credit card numbers, so we can complete your transactions.
SECTION 5 – MODIFICATIONS TO SERVICE AND PRICES Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 6 – THIRD-PARTY LINKS AND TOOLS We may provide access to third-party tools “as is” and “as available” without any warranties. Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for the content, accuracy, or any harm arising from third-party materials or transactions.
SECTION 7 – DATA RETENTION AND PRIVACY Your submission of personal information is governed by our Privacy Policy and the Privacy Act 1988 (Commonwealth).
- Retention Obligations: In accordance with Australian taxation and corporate laws, we retain transaction records and personal information for a period of seven years.
- Data Minimisation: When information is no longer required for legal compliance or business purposes, we will take reasonable steps to securely destroy or de-identify the data.
- Security: We implement robust measures to protect data. In the event of an eligible data breach, we will notify you and the Office of the Australian Information Commissioner as required by the Notifiable Data Breaches scheme.
SECTION 8 – PROHIBITED USES You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform unlawful acts; (c) to infringe upon our intellectual property; (d) to harass, abuse, or discriminate; (e) to upload malicious code; or (f) to collect the personal information of others.
SECTION 9 – LIMITATION OF LIABILITY To the maximum extent permitted by law, and subject to your rights under the Australian Consumer Law, Perceptual does not warrant that the service will be uninterrupted or error-free. In no case shall Perceptual, our directors, or employees be liable for any injury, loss, claim, or any direct or indirect damages—including lost profits or data—arising from your use of the service. Our liability for breach of any implied warranty which cannot be excluded is limited to the resupply of the services or the cost of having the services supplied again.
SECTION 10 – INDEMNIFICATION You agree to indemnify, defend, and hold harmless Perceptual and our affiliates from any claim or demand, including reasonable solicitors’ fees, made by any third party due to your breach of these Terms or your violation of any law or the rights of a third party.
SECTION 11 – SEVERABILITY AND TERMINATION If any provision of these Terms is determined to be unlawful or unenforceable, such provision shall be severed, and the remaining provisions shall remain valid and enforceable. These Terms remain effective until terminated by either you or us.
SECTION 12 – GOVERNING LAW These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of Australia. You irrevocably submit to the exclusive jurisdiction of the courts in the state or territory in which Perceptual is registered.
SECTION 13 – CONTACT INFORMATION Questions regarding the Terms of Service should be directed to: smarthomeandbusiness@gmail.com.
