Website Terms of Service

Terms and Conditions About this web site This is a web site operated by SMART OYSTERS PTY. LTD. under the domain name “www.smartoysters.com” (“SMART OYSTERS PTY. LTD. Web Site”). The SMART OYSTERS PTY. LTD. Web Site is operated on behalf of SMART OYSTERS PTY. LTD. and its related bodies corporate (together called the “SMART OYSTERS PTY. LTD. Group”). Your use of the information, graphics and materials on the SMART OYSTERS PTY. LTD. Web Site (“Material on this web site”) is governed by these Terms of Use and the Privacy and Security Statement. In addition to the terms contained in this document, there are also specific terms which form part of the Terms of Use and govern your use of, and access to, certain sections of the SMART OYSTERS PTY. LTD. Web Site. Since you are also bound by these additional terms, you should review them wherever they are accessible by you on the SMART OYSTERS PTY. LTD. Web Site. Links to other websites The SMART OYSTERS PTY. LTD. Web Site may contain links to other web sites operated by third parties (“Third Party Web Sites”). The SMART OYSTERS PTY. LTD. Group does not endorse, or approve of the operators of Third Party Web Sites, or the information, graphics and material on those Third Party Web Sites (“Third Party Material”). Subject to any applicable law which cannot be excluded, the SMART OYSTERS PTY. LTD. Group makes no warranties or representations: regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Web Sites; or that Third Party Material does not infringe the intellectual property rights of any person. SMART OYSTERS PTY. LTD. is not authorising the reproduction of Third Party Material by linking Material on this web site to Third Party Material. When you follow a link on the SMART OYSTERS PTY. LTD. Web Site, material at a Third Party Web Site may be displayed in your browser framed by Material on this web site. This material is also Third Party Material for the purpose of these Terms of Use. All offers to sell and statements relating to goods and services available on Third Party Web Sites are the responsibility of and given by the Third Party Web Site operator. In so far as such offers and statements are made on the SMART OYSTERS PTY. LTD. Web Site, such offers and statements are made by the SMART OYSTERS PTY. LTD. Group on behalf of the operator. The SMART OYSTERS PTY. LTD. Group expressly disclaims acting in any other respect on behalf of Third Party Web Site operators. SMART OYSTERS PTY. LTD. may receive payments from operators of Third Party Web Sites in relation to goods or services supplied by the operator as a result of you linking to the Third Party Web Site from the SMART OYSTERS PTY. LTD. Web Site. Third Part Software Unless otherwise indicated software downloads available via links from the SMART OYSTERS PTY. LTD. Web Site are third party products. These products may be subject to a licence agreement between you and the relevant product owner. To the extent permitted by law, the SMART OYSTERS PTY. LTD. Group accept no liability in respect of such third party products and the SMART OYSTERS PTY. LTD. Group provide no warranty and give no endorsement in respect of such products or any party connected with them. We do, however, welcome your feedback or suggestions concerning these products. Material on this web site may contain general information about SMART OYSTERS PTY. LTD. products and services. Unless expressly stated otherwise, this information: does not constitute an offer or inducement to enter into a legally binding contract; and does not form part of the terms and conditions for SMART OYSTERS PTY. LTD. products and services. For further information about a particular product or service please complete the e-form on the product or service page. SMART OYSTERS PTY. LTD. Product Information and Supply Material on this web site does not apply to products obtained through SMART OYSTERS PTY. LTD. Direct. All applications for credit are subject to the SMART OYSTERS PTY. LTD. Group’s normal credit approval criteria. Unless expressly agreed otherwise: products and services discussed in the section of the SMART OYSTERS PTY. LTD. Web Site which refers to the Australian operations of any SMART OYSTERS PTY. LTD. member (the “Australian Section”) will be provided only to Australian residents. These products and services are generally not available to non-Australian residents because they may not comply with non-Australian laws; and products and services discussed in the sections of the SMART OYSTERS PTY. LTD. Web Site which refer to the various non-Australian operations of any SMART OYSTERS PTY. LTD. member or discussed in web sites operated by any SMART OYSTERS PTY. LTD. member outside Australia and linked to the SMART OYSTERS PTY. LTD. Web Site (the “International Sections”) will be provided only to residents of the jurisdiction to which a particular International Section applies, and only to the extent that those products and services comply with the laws of that jurisdiction. Warranties While we have made every effort to ensure that information is free from error, SMART OYSTERS PTY. LTD. does not warrant the accuracy, adequacy or completeness of Material on this web site. All information is subject to change without notice. SMART OYSTERS PTY. LTD. recommends that you seek independent advice before acting upon Material on this web site or Third Party Material. SMART OYSTERS PTY. LTD. does not guarantee that the SMART OYSTERS PTY. LTD. Web Site or Third Party Web Sites will be free from viruses, or that access to the SMART OYSTERS PTY. LTD. Web Site or Third Party Web Sites will be uninterrupted. Limitation od Liability Subject to any responsibilities implied by law and which cannot be excluded, no member of SMART OYSTERS PTY. LTD. is liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to Material on the SMART OYSTERS PTY. LTD. Web Site or to Third Party Material, whether in contract, tort including negligence, statute or otherwise. Liability of any member of SMART OYSTERS PTY. LTD. for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at SMART OYSTERS PTY. LTD.’s option, to: the supply of the goods or services again; the repair of the goods; or the payment of the cost of having the goods or services supplied again or repaired. Termination These Terms of Use (and the agreement constituted by your use of the information, graphics and materials on the SMART OYSTERS PTY. LTD. Web Site) and your access to the SMART OYSTERS PTY. LTD. Web Site may be terminated at any time by SMART OYSTERS PTY. LTD. without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by SMART OYSTERS PTY. LTD. will survive termination, however, you will no longer be authorised to access the SMART OYSTERS PTY. LTD. Web Site. Jurisdiction Unless expressly agreed otherwise: the Australian section is provided for use only by Australian residents. The law applicable to use of the Australian section and to disputes arising out of the Australian section is the law of the State of NSW, Australia; and each International Section is provided for use only by residents of the jurisdiction to which that International Section applies. The law applicable to use of each International Section and to disputes arising out of the International Section is the law of the State of NSW, Australia. Copyright and Trademarks Copyright in the Material on this Web Site is owned or licensed by SMART OYSTERS PTY. LTD.. Except where necessary for viewing the Material on this web site on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Material on this web site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of the SMART OYSTERS PTY. LTD.. “SMART OYSTERS PTY. LTD.”, and all associated trademarks, are trademarks of SMART OYSTERS PTY. LTD. Linking to the SMART OYSTERS PTY. LTD. website Please contact SMART OYSTERS PTY. LTD. if you would like to place a link to any part of the SMART OYSTERS PTY. LTD. Web Site. Acceptance and Changes to Terms of Use You acknowledge and accept that your use of the SMART OYSTERS PTY. LTD. Web Site indicates your acceptance of these Terms of Use and the Privacy and Security Statement. These are the current Terms of Use. They replace any other terms of use for the SMART OYSTERS PTY. LTD. Web Site published on the SMART OYSTERS PTY. LTD. Web Site to date. SMART OYSTERS PTY. LTD. may at any time vary the Terms of Use by publishing the varied Terms of Use on the SMART OYSTERS PTY. LTD. Web Site. You accept that by doing this, SMART OYSTERS PTY. LTD. has provided you with sufficient notice of the variation. SMART OYSTERS PTY. LTD. reserves any rights not expressly granted in these Terms of Use.

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CONTACT US

Please Contact Sales and Business Development: Colin Bridges colin@smartoysters.com +61 474 479720 , Strategic Partnerships Philip Browning philip@smartoysters.com +61 417631721

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