Terms of Use

SMARTSAT ABN 88 569 498 390 (003) known as (“SMARTSAT Australia”)

Introduction

 

SMARTSAT Australia and its related bodies corporate from time to time (“SMARTSAT“) is committed to protecting your privacy and respects and upholds your rights under the National Privacy Principles contained in the Privacy Act 1988 (Cth) (“Privacy Act”). By using this website, you agree to and consent to the collection, use and disclosure of personal information as set out in this policy.

Personal Information

 

Personal information is information or an opinion about an individual whose identity is apparent, or can be reasonably ascertained, from that information or opinion. Personal information we may collect from you includes, without limitation, your name, address, email address, telephone number(s) and date of birth.

Collection

SMARTSAT will collect personal information only by lawful and fair means and not in an unreasonably intrusive way. If it is reasonable and practical to do so, SMARTSAT will only collect personal information about you directly from you. SMARTSAT will not collect personal information unless the information is necessary for our functions and activities.

 

What does SMARTSAT do with your personal information? SMARTSAT uses your personal information for the purposes of:

  • Providing our services to you.
  • Our internal management needs.
  • Our marketing activities.
  • Responding to any inquiries or comments that you submit to us.
  • Any other purpose you have consented to.
  • Any use which is required or authorised by law.
Disclosure

SMARTSAT may disclose your personal information to:

  • Third-parties we ordinarily engage for the above purposes.
  • Any person or entity to whom you have consented to SMARTSAT disclosing your personal information to.
  • Any person or entity to whom we are required or authorised to disclose your personal information to in accordance with the law.
Openness

You may request access to your personal information by contacting our customer service team at info@smartsat.com.au If you believe that SMARTSAT holds personal information about you that is not accurate, complete or up-to-date, then you may request its amendment by SMARTSAT. SMARTSAT may charge a reasonable fee to cover the charges of retrieving your personal information. SMARTSAT will take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure.

Opting Out

At any time you may opt out of receiving any communications from us (other than as required for our primary purpose or by law). Unless you opt out, your consent to receive communications from us and to the handling of your personal information as detailed above will continue. To opt out of receiving any further communication from SMARTSAT, email at info@smartsat.com.au

Contact Information

If you require further information regarding this policy or have any questions about its enforcement by SMARTSAT, please contact us at info@smartsat.com.au SMARTSAT website. When transmitting personal information from your computer to the SMARTSAT website, you must keep in mind that the transmission of information over the Internet is not always completely secure or error-free. Other than liability that cannot lawfully be excluded, SMARTSAT will not be liable in any way in relation to any breach of security or any unintended loss or disclosure of that information. The SMARTSAT website may use “cookies” to help personalise your online experience and save you time. You have the ability to accept or decline cookies. If you choose to decline cookies, you may not be able to fully experience the interactive features of the SMARTSAT website.

Miscellaneous

SMARTSAT reserves the right to modify this Privacy Policy in whole or in part from time to time without notice and amendments will be effective immediately upon posting of the amended SMARTSAT Privacy Policy on the SMARTSAT website.

Website Terms and Conditions

 

These Terms and Conditions constitute a contract between the customer (you) and SMARTSAT ABN 88 569 498 390 (003) known as (“SMARTSAT Australia“) registered in Australia. These terms and conditions apply to the ordering, purchase, fulfillment and delivery of Products from www.smartsat.com.au website. Please read the following Terms and Conditions carefully before placing your Order. These Terms and Conditions contain important information about the ordering, processing, fulfillment and delivery of goods, including limitations of liability.

General

Some Products You Order on the Website are offered and supplied by SMARTSAT Australia, and some Products You Order are offered and supplied by a third party manufacturer. The website Product listing states the offer or/and supplier of each Product. Products which are offered and supplied by SMARTSAT Australia Australia are those Products which carry the following brands, but are not limited to, “Oyster Digital”, “Banten”, “FastFind”, “Inmarsat”, “Victron” , “Scanstrut- Lifedge”, and associated ancillary items. (“Other Products”). If you do not understand these Terms and Conditions or if you have any questions, then please email our team at info@smartsat.com.au, and a representative will be happy to help you.

1. Agreement

1.1 In these Terms and Conditions “We”, “Our” or “Us” means SMARTSAT Australia; and “You” or “Your” means the person who accepts these Terms and Conditions, by using this Website and associated software, networks and processes, including the purchase of Products or services through the Website.
1.2 By browsing the Website, or placing an Order, You agree to these Terms and Conditions as set out below, which constitutes a legally binding Agreement between Us and You for the supply of Products.
1.3 The Agreement together with your Order constitute the entire agreement between Us and You for the supply of Products. The Agreement cannot be varied unless we agree to vary it in writing or by email.

2. Legal Capacity

2.1 If you are under the age eighteen (18) years you cannot place Orders with SMARTSAT Australia. By accepting this Agreement, you acknowledge that you are over the age of eighteen (18) years.

3. Website Use

3.1 The Website may contain links to other web sites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked web sites.
3.2 You must ensure that your access to, or use of the Website is not illegal or prohibited by laws which apply to You.
3.3 You must take Your own precautions to ensure that Your process for accessing the Website does not expose You to risk of viruses, malicious computer code or other forms of interference which may damage Your computer system. We take no responsibility for any such damage which may arise in connection with Your use of the Website.

4. Pricing

4.1 All prices displayed on the Website are subject to change at any time without notice.
4.2 All prices listed on the Website exclude Delivery Costs. Delivery Costs are shown separately on an Order.

5. Product Specifications

5.1 Features and specifications of Products described or depicted on the Website are subject to change without notice.
5.2 All weights and dimensions of Products described in the Website are approximate.

6. Orders

6.1 You may place an Order by following the instructions on the Website.
6.2 Orders will be deemed to have been received by (as the case may be) sends an Order confirmation to Your nominated e-mail address.
6.3 SMARTSAT Australia is an online business and will primarily communicate with Customers via e-mail. It is the Customer’s responsibility to ensure the correct contact details are entered and that the nominated e-mail address is regularly checked for correspondence.
6.4 SMARTSAT Australia (as the case may be) may cancel Your Order at any time prior to dispatch of the Products.
6.5 In the event of a cancelled Order, funds paid in relation to that Order will be refunded in full. You will be provided with e-mail confirmation of the cancellation and refund.
6.6 SMARTSAT Australia does not accept any responsibility for Orders that are declined, delayed or not accepted due to disruptions with internet connections.
6.7 SMARTSAT Australia will not be liable for any delay in performing any of its obligations under this Agreement if such delay is caused by circumstances beyond the reasonable control of SMARTSAT Australia (or their affiliates), and SMARTSAT Australia will be entitled to a reasonable extension of time for the performance of such obligations.

7. Payment

7.1 You may provide your nominated credit card during the purchase process described on the Website.
7.2 Payment for Orders will be processed immediately upon confirmation of Your Order.
7.3 If Your nominated payment method triggers Our fraud prevention protocols, We may contact You to confirm additional details, or rescind the transaction. In this case, until your Order has passed Our fraud prevention protocols Your Order will not be fulfilled. If you do not provide the requested information within up to 7 days, your Order will be cancelled and Your payment will be refunded back to the method in which you paid. These information requests are sent to help protect credit card holders from online fraud.

8. Delivery and Ownership of Goods

8.1 We try to ensure that all Products are delivered in a prompt and timely manner. However, from time to time, it is possible that shipping and other factors outside of Our control may result in delays. SMARTSAT Australia does not accept any liability for loss or damage suffered by anyone as a result of any such delays.
8.2 The date of dispatch listed on the Website is the estimated date of dispatch as is reasonably estimated by SMARTSAT Australia (as the case may be) and is subject to change without notice. Where scheduled dispatch of a Product is delayed by more than one week, Customers will be notified by e-mail via the e-mail address nominated in their Order.
8.3 SMARTSAT Australia will not deliver Products to PO Box addresses.
8.4 Where a Customer gives written authority for Products to be delivered without a signature, any and all included insurance cover will be voided.
8.5 The couriers or postal services nominated by SMARTSAT Australia will deliver Products during local business hours (9am to 5pm, Monday to Friday).
8.6 SMARTSAT Australia is not responsible for the delivery times of Products. Once Products have been dispatched, it is the Customers responsibility to liaise with the courier nominated by SMARTSAT Australia (as notified to the Customer) in relation to date and time of delivery. SMARTSAT Australia will not be liable for any inaccuracy of information provided to Customers relating to the date and time of delivery.

9. Faulty or Damaged Goods

9.1 SMARTSAT Australia will repair or replace Faulty or Damaged Products in accordance with these Terms and Conditions and the applicable Standard Warranty.
9.2 Where a Good is a Faulty or Damaged Good within the first 7 days after delivery or is already a Faulty or Damaged Good upon delivery, and the Customer notifies Us of the nature of the fault or damage within the first 7 days after delivery, then SMARTSAT Australia (as the case may be) will:
(a) replace the Faulty or Damaged Good with a replacement Good; or
(b) if SMARTSAT Australia is not able to provide a replacement Product, We will refund the Customer the purchase price including the Delivery Cost.
9.3 Where a replacement Good is available, and the Customer elects to receive a refund instead of a replacement Good, the refund will be for the amount of the purchase price excluding the Delivery Cost.
9.4 The 7 Day period will commence on the date that the Customer accepts delivery of their Product. Where there is no proof of delivery, this date will be assumed to be 3 business days from the date of dispatch of the Product.
9.5 Outside of this 7 Day period, faults will be dealt with in accordance with the applicable Standard Warranty and/or relevant contractual terms implied by statute.
9.6 Where Products are already Faulty or Damaged Products upon delivery, We require photographic evidence of the damage to be e-mailed to info@smartsat.com.au before authorizing return of the Products.
9.7 SMARTSAT Australia (as the case may be) reserves sole discretion to determine whether the Products are Faulty or Damaged Products in accordance with this clause 9. SMARTSAT Australia reserves the right to have a Good assessed by an authorized repair center of SMARTSAT Australia’s choice.
9.8 SMARTSAT Australia’s (as the case may be) may seek reimbursement of any costs incurred when the Product is found to be in good working order.

10. Refunds and Returns

10.1 All refunds under these Terms and Conditions may take up to 10 business days to be processed.
10.2 In order to facilitate a return under these Terms and Conditions, e-mail info@smartsat.com.au
10.3 The Customer must comply with directions from staff to facilitate a return.
10.4 Returned Products must be returned in their original packaging with all accessories, and must be in a re-saleable condition.
10.5 It is the Customer’s responsibility to ensure that returned items are returned safely. We take no responsibility for Products lost in transit.

11. Warranties

11.1 Each Product sold on the Website is covered by a 12 month Standard Warranty unless otherwise stated.
11.2 To the extent permitted by law, the Standard Warranty is provided in substitution for all other terms, conditions and warranties, whether implied by statute or otherwise (including implied warranties with respect to merchantability and fitness for purpose) and all such terms, conditions and warranties are expressly excluded.
11.3 We will carry spare parts for each Product for the length of the Standard Warranty period (1, 3 or 5 years as the case may be). We do not guarantee the availability of spare parts outside of these periods. Where a Product is outside of warranty, SMARTSAT Australia reserves the right to refuse to supply spare parts where limited stock is available.
11.4 Statutory conditions and warranties may apply. Nothing in these Terms and Conditions excludes the application of those statutory conditions and warranties.

12. Liability

12.1 We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
12.2 Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.

13. Intellectual Property

13.1 All Intellectual Property in any Material on the Website is the property of SMARTSAT Australia. Unless expressly authorized under these Terms and Conditions or otherwise, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.

14. Privacy

14.1 By placing your Order or otherwise contacting SMARTSAT Australia, you agree that We may store, process and use data collected from your Order for the purposes of processing your Order. By placing your Order or otherwise contacting Us, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other SMARTSAT Products that may be of interest to you. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Policy.

Standard Warranty Terms and Conditions

 

Please e-mail info@smartsat.com.au for all warranty and product support requests. These Terms and Conditions constitute a contract between the customer (you) and each of SMARTSAT ABN 88 569 498 390 (003) known as (“SMARTSAT Australia“) registered in Australia These terms and conditions apply to Standard Warranty of Products from http://www.smartsat.com.au. Some Products You Order on the Website are offered and supplied by SMARTSAT Australia. Please read the Website Terms and Conditions for further information.

 

It is important to note that SMARTSAT Australia supplies and supports all warranties relating to Products which are noted as being offered and supplied by Liferaft Servicing Group Pty Ltd (“SMARTSAT Products”). SMARTSAT Australia supplies and supports all warranties relating to Products which are noted as being offered and supplied by SMARTSAT Australia (“Other Products”). Products which are offered and supplied by SMARTSAT Australia are those Products which carry the following brands, but are not limited to, “Oyster Digital”, “Banten”, “FastFind”, “Inmarsat”, “Victron” , “Scanstrut- Lifedge”, and associated ancillary items. (“Other Products”). Please note that you must keep your original product packaging in order to be eligible for our pick-up service. In the event that you do not have the original packaging, you will bear the responsibility for safely packaging your Product for transport and Liferaft Servicing Group Pty Ltd accepts no liability for any damage that may occur in transit.

1. Warranty Terms

1.1 Subject to the terms and conditions set out below, SMARTSAT Australia agrees to repair or replace the SMARTSAT Product or Other Product (as the case may be) which it supplied to you at its own cost, in circumstances where the Product does not perform in accordance with SMARTSAT’s specifications during:
(a) Each Product sold on the Website is covered by a 12 month Standard Warranty unless otherwise stated, commencing on the date of delivery (or deemed delivery) of the product
1.2 This contractual product warranty is additional to, and does not operate to limit rights under, the statutory warranties, rights and remedies referred to in clause 4 below.

2. Standard Warranty Conditions

2.1 Proof of purchase (invoice or paid Order confirmation) must be provided when requesting service under the Standard Warranty.
2.2 SMARTSAT Australia requires any customer requesting service under the Standard Warranty to comply with directions from SMARTSAT staff in relation to troubleshooting any issue and facilitating any repair or replacement under these Warranty Terms and Conditions.
2.3 SMARTSAT Australia reserves the right to replace the Product or relevant part with the same or equivalent Product or part, rather than repair it. Where a replacement is provided the Product or part replaced becomes the property of SMARTSAT Australia. SMARTSAT Australia may replace parts with refurbished parts. Replacement of the Product or a part under the Standard Warranty does not extend or restart the Standard Warranty period.
2.4 If SMARTSAT Australia is unable to repair or replace the Product, the customer will be provided with credit for SMARTSAT’s store or may be refunded the price of the Product (at SMARTSAT’s election). This credit or refund will be for the amount of the purchase price of the Product excluding the associated Delivery Cost.
2.5 Where SMARTSAT Australia authorizes warranty service of a Product, SMARTSAT Australia will organize for our authorised courier to pick up the Product during business hours (between 8am and 5pm, Monday to Friday) and deliver it to the appropriate authorised repair centre, provided that the Product is safely packaged in all its original packaging for safe transport. In this situation SMARTSAT Australia will cover the cost of transport of the serviced Product to and from the Customer. Alternatively, the Customer may take the Product to the appropriate repair centre for service if SMARTSAT Australia specifically authorizes the Customer in writing to do so. Alternately, the Customer may post the Product as directed by SMARTSAT Australia if SMARTSAT Australia specifically authorizes the Customer in writing to do so, in which case SMARTSAT Australia will refund the Customer the cost of the postage on provision of a scanned copy of the postage receipt.
2.6 SMARTSAT Australia reserves the right to determine which authorized repair center (including SMARTSAT’s internal repair facility) is the appropriate service location in any particular circumstance.
2.7 The Product will be at the Customer’s risk while in transit to and from the SMARTSAT Australia Authorized Repair Centre.
2.8 SMARTSAT Australia may seek reimbursement of any costs incurred by Us where the Product is found to be in good working order.
2.9 SMARTSAT Australia reserves reasonable discretion to determine whether any Product is or is not performing in accordance with SMARTSAT’s specifications, subject to applicable law.
2.10 The Standard Warranty is transferrable to a new owner of a Product originally purchased from http://www.smartsat.com.au , provided SMARTSAT Australia is informed by e-mail to info@smartsat.com.au within 7 days of the date of transfer.
2.11 SMARTSAT will not honour and/or reimburse a costumer for any unauthorized repairs or attempted repairs.

3. General

3.1 Legislation may imply warranties or conditions or imposes obligations on SMARTSAT Australia, which cannot be excluded, restricted or modified in relation to consumer goods.
3.2 To the full extent permitted by law, but subject always to clause 4.1, the Standard Warranty will not apply in respect of a Product:
(a) If the Product has not been installed, operated, maintained or used in accordance with the manufacturer’s instructions or specifications provided with the Product.
(b) If the factory-applied serial number has been altered or removed from the Product.
(c) To damage, malfunction or failure resulting from alterations, accident, misuse, abuse, fire, liquid spillage, mis-adjustment of customer controls, use on an incorrect voltage, power surges and dips, thunderstorm activity, force majeure, voltage supply problems, tampering or unauthorised repairs by any persons, use of defective or incompatible accessories, the operation of a computer virus of any kind, exposure to abnormally corrosive conditions or entry by any insect, vermin or foreign object in the Product.
(d) To damage arising during transportation, installation or while moving the Product, or to any transportation costs of the Product or any parts thereof to and from the Customer, unless otherwise specified in these Warranty Terms and Conditions.
(e) To any third-party software or hardware not contained in the Product as originally configured by the manufacturer.
(f) To any failure, to the extent that the failure is not a failure of the Product to perform in accordance with its specifications.
(g) To replacement or repair of any consumables (including batteries, projector lamps and cables), or lost parts or accessories.
(h) To service and support of any software operating system or application installed on any Product, except to assist in restoring the Product to its factory default settings.
(i) To service of any product whilst it is outside Australia.
3.3 To the full extent permitted by law, but subject always to clause 4.1:
(a) SMARTSAT Australia will not be liable for any loss, damage or alterations to third party hardware, software, programs, data and/or information stored on any media or any part of the Product, no matter how occurring; or for any loss or damage arising from loss of use, loss of profits or revenue, or for any resulting indirect or consequential loss or damage.
(b) SMARTSAT Australia aggregate liability in respect of all claims under the Standard Warranty shall not exceed the original purchase price of the Product or, at SMARTSAT Australia’s option, replacement of the Product with a like or similar Product.
(c) SMARTSAT Australia excludes all other warranties, conditions, terms, representations and undertakings whether express or implied.
3.4 Insofar as they apply to warranties relating to SMARTSAT Products supplied by SMARTSAT Australia, these Standard Warranty Terms and Conditions are governed by and must be construed according to the law of the State of Western Australia, Australia and the parties submit to the jurisdiction of the courts in that State.
3.5 Insofar as they apply to warranties relating to Other Products supplied by SMARTSAT Australia, these Standard Warranty Terms and Conditions are governed by and must be construed according to the law of Australia and the parties submit to the jurisdiction of the courts of Australia.
3.6 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
3.7 SMARTSAT Australia can be contacted as follows:
Tel: (07) 5540 5850
Fax: (07) 5546 7044
Email: info@smartsat.com.au

Online Shopping – Terms of Use

1. Registration

You may complete the customer registration process through the Site before placing an order for Products through the Site. Any personal information that you give us will be held and used by us in accordance with our Privacy Policy contained on this Site. You may not have more than one active account, and your account is non-transferable. You may update, edit or terminate your account at any time through the Site. If you choose to use a workplace email address for your account or to access the Site, then you are solely responsible for ensuring that you comply with the rules, policies or protocols that apply to the use of your email address and your workplace facilities.

2. Placing an Order for Products

You may order Products by selecting and submitting your order through the Site in accordance with the terms and conditions and terms of use. Any order placed through this Site for a Product is an offer by you to purchase the particular Product for the price notified (including the delivery and other charges and taxes) at the time you place the order. We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the Site. You agree to provide us with current, complete and accurate details when asked to do so by the Site.

3. Acceptance or Rejection of an Order

We reserve the right to accept or reject your order for any reason, including (without limitation) if the requested Product is not available, special Dangerous goods or if there is an error in the price or the product description posted on the Site or in your order. Each order placed for Products through the Site that we accept results in a separate binding agreement between you and us for the supply of those Products. For each order accepted by us, we will supply the Products in that order to you in accordance with these terms and conditions. If we reject an order placed through the Site, then we will endeavor to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

4. Cancelling an Order

We may cancel any part of an order (including any orders that we have accepted) without any liability to you for that cancellation at any time if:

  • The requested Products in that order are not available; or
  • There is an error in the price or the product description posted on the Site in relation to the relevant Product in that order; or
  • That order has been placed in breach of these terms and conditions.

If we do so, then we will endeavor to provide you with reasonable notice of that cancellation, and will not charge you for the cancelled order if we cancel it before the delivery date or if you are not at fault or in breach of these terms and conditions

5. Delivery of Products

Please allow at least ten (10) working days for delivery from the receipt of your order and payment for your order. Delivery time is subject to stock availability, this period may be extended by up to 30 days.

6. Prices, Fees and Charges

The prices of Products and delivery and other charges displayed on this Site are current at the time of issue, however, SMARTSAT reserves the right to change prices at any time. All prices shown on this Site are in Australian Dollars (AUD). We will charge you, and you agree to pay, the following fees and charges in relation to an order that we accept (as applicable):

  • The purchase price of each Product that is ordered;
  • The delivery fee for delivering the Products to you;
  • Administration fee for Credit card and Paypal payments of 3%; and
  • Any other fees and charges set out in these terms and conditions.

All fees and charges identified in these terms and conditions and all prices for the Products as shown on the Site are inclusive of GST (unless otherwise indicated). The purchase price of each Product is shown on the product list on the Site at the time you place your order. The purchase price of a Product on the Site may not be the same or correspond to the prices in any of our store for the same Product. You acknowledge that we are not required or obliged to match any prices for any Products, including matching any prices for a Product that is available through the Site at our store or vice versa.

7. Delivery Fees

Delivery fee are payable in addition to the purchase price of each Product. A number of different delivery methods may be used depending on the type of order. If the delivery is by courier, products will not be delivered to an unattended address. The courier requires a signature from an occupant at the specified delivery address. If no one is available to sign for the parcel a card will be left and the parcel re-directed to the nearest Courier depot. The customer is then responsible for collecting the parcel from that depot or paying an additional charge for re-delivery. SMARTSAT currently ships orders to Australian addresses only; International ships may be possible but higher shipping cost apply than domestic Australian postage You acknowledge and agree that you may incur additional delivery fees/freight charges (in excess of the fees and charges specified above) for:

  • Special, non-stock and/or dangerous, flammable and miscellaneous items (Hazard items);
  • Heavy, bulky and/or awkward items;
  • Express or urgent deliveries; or
  • Bulk or large quantity orders.