Terms of Service

Effective date: 7 October 2025

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the website, products and services provided by Smart Living Tech ("we", "us", "our") at smartlivingtech.com and related online or offline services (collectively, the "Services"). By accessing or using the Services you agree to be bound by these Terms. If you do not agree, do not access or use the Services.

2. Who We Are and Contact Information

Business: Smart Living Tech

Owner / Responsible Entity: Basudev Devkota

Website: smartlivingtech.com

Email: smartlivingtech0@gmail.com

Address: 6/127 Rundle Mall, Adelaide SA 5000, Australia

Phone: (08) 8203 9001

3. Scope

These Terms apply to all visitors, users, customers, installers, and other persons who interact with the Services. Additional terms may apply to specific products, promotions, or contracts; those terms will take precedence for the relevant transaction.

4. Definitions

  • "User" means any person who accesses or uses the Services.
  • "Customer" means a User who purchases goods or services from Smart Living Tech.
  • "Order" means a purchase request or booking submitted by a Customer and accepted by Smart Living Tech.

5. Eligibility

Users must be at least 16 years old. By using the Services you represent that you have the legal capacity to enter into these Terms.

6. Account Registration and Security

Certain features require an account. You agree to:

  • Provide accurate, current and complete information.
  • Maintain the confidentiality of credentials.
  • Notify us immediately of any unauthorized use of your account.

You are responsible for all activity that occurs under your account.

7. Orders, Bookings and Acceptance

  • All Orders and booking requests are subject to availability and acceptance by us. Acceptance is confirmed by an order confirmation or booking confirmation.
  • We reserve the right to refuse or cancel Orders for any reason, including pricing errors, availability, fraud concerns, or if required by law.
  • Installation appointments and on-site services require accurate site information and reasonable access for technicians.

8. Pricing and Payment

  • Prices are as displayed on the Site or as quoted. Prices exclude applicable taxes and fees unless stated otherwise.
  • Payments may be processed by third-party payment processors. You must comply with their terms. We do not store full payment card data unless explicitly stated.
  • Failure to pay may result in order cancellation, service suspension and recovery action.

9. Cancellations and Refunds

  • Cancellation, rescheduling, and refund policies for specific products or services are described on the Site or your order confirmation.
  • We may charge fees for late cancellations or missed appointments. Refunds, when applicable, will be processed in accordance with the applicable policy and statutory consumer rights.

10. Delivery and Installation

  • Delivery timelines and installation availability are estimates; actual times may vary.
  • Customers are responsible for ensuring the installation site meets stated requirements. Additional charges may apply for inaccessible or unsafe sites.
  • Risk of loss for goods passes to the Customer in accordance with the terms stated at the time of sale or delivery.

11. Third-Party Products and Services

The Services may include products, software or services provided by third parties. We are not responsible for third-party policies, acts or omissions. Your agreement with third parties is solely between you and the third party.

12. Intellectual Property

All intellectual property rights in the Site and materials provided by us (including text, graphics, logos, designs and software) remain our property or that of our licensors. You may not copy, reproduce, distribute or create derivative works except as expressly permitted in writing.

13. User Content

  • You retain ownership of content you submit (reviews, feedback, images), but by submitting you grant Smart Living Tech a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute and display the content in connection with the Services.
  • You warrant that you have the rights to submit the content and that it does not infringe third-party rights.

14. Prohibited Conduct

You agree not to:

  • Use the Services for unlawful purposes or in violation of these Terms.
  • Interfere with the integrity or performance of the Services.
  • Access data not intended for you or attempt to probe, scan or test system security.
  • Submit content that is illegal, defamatory, pornographic, violent, hateful, or infringes intellectual property rights.

15. Disclaimers

  • The Services are provided "as is" and "as available" without warranties of any kind. To the fullest extent permitted by law, we disclaim all express and implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.
  • We do not guarantee uninterrupted or error-free operation, nor the accuracy of information on the Site.

16. Limitation of Liability

  • To the maximum extent permitted by law, Smart Living Tech and its affiliates will not be liable for indirect, incidental, consequential, punitive, or special damages, including loss of profits, revenue, data or business interruption, arising from or related to the Services.
  • Where liability cannot be excluded by law, our aggregate liability for direct loss is limited to the greater of AUD 100 or the total fees paid by you to us in the 12 months preceding the claim.

17. Indemnification

You agree to indemnify and hold Smart Living Tech, its officers, directors, employees and agents harmless from any claims, losses, liabilities, damages, costs or expenses (including reasonable legal fees) arising from: (i) your breach of these Terms, (ii) your violation of law, or (iii) your User Content.

18. Suspension and Termination

We may suspend or terminate your access to the Services at our discretion for violation of these Terms, fraudulent activity, or where required for security or legal reasons. Termination does not relieve you of obligations accrued prior to termination.

19. Governing Law and Dispute Resolution

These Terms are governed by the laws of South Australia, Australia. You agree to the exclusive jurisdiction of the courts of South Australia for disputes, except that either party may seek urgent injunctive relief in a competent court.

20. Consumer Rights

These Terms do not limit any statutory consumer rights that cannot be excluded under applicable law.

21. Changes to the Terms

We may modify these Terms at any time. Material changes will be posted on the Site with a new effective date and, where required by law, we will notify affected Users. Continued use after changes constitutes acceptance.

22. Notices

Notices to you may be provided via email, Site announcements, or posting on the Site. Notices to us should be sent to smartlivingtech0@gmail.com or by mail to the address above.

23. Severability

If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

24. Entire Agreement

These Terms, together with any documents expressly incorporated by reference (including specific product terms and the Privacy Policy), constitute the entire agreement between you and Smart Living Tech relating to the Services.

25. Miscellaneous

  • No waiver: Failure to enforce a right is not a waiver of that right.
  • Force majeure: We are not liable for delays or failures due to causes beyond our reasonable control (e.g., natural disasters, strikes, pandemics, internet outages).

26. Contact

For questions, complaints or legal notices:

Email: smartlivingtech0@gmail.com

Phone: (08) 8203 9001

Mail: 6/127 Rundle Mall, Adelaide SA 5000, Australia

Owner: Basudev Devkota

Legal Disclaimer: This document is provided for information only and does not constitute legal advice. Consult qualified counsel to tailor these Terms to your business and ensure compliance with applicable laws.