– Updated March, 2018

This following document sets forth the Privacy Policy for the Smart Tools Australia website, https://smarttoolsplus.com.au.

Smart Tools Australia is committed to providing you with the best possible customer service experience. Smart Tools Australiais bound by the Privacy Act 1988 (Cth), which sets out a number of principles concerning the privacy of individuals.

Collection of your personal information

There are many aspects of the site which can be viewed without providing personal information, however, for access to future Smart Tools Australia customer support features you are required to submit personally identifiable information. This may include but not limited to a unique username and password, or provide sensitive information in the recovery of your lost password.

Sharing of your personal information

We may occasionally hire other companies to provide services on our behalf, including but not limited to handling customer support enquiries, processing transactions or customer freight shipping. Those companies will be permitted to obtain only the personal information they need to deliver the service. Smart Tools Australia takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information.

Use of your personal information

For each visitor to reach the site, we expressively collect the following non-personally identifiable information, including but not limited to browser type, version and language, operating system, pages viewed while browsing the Site, page access times and referring website address. This collected information is used solely internally for the purpose of gauging visitor traffic, trends and delivering personalized content to you while you are at this Site.

From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. If our information practices change at some time in the future we will use for these new purposes only, data collected from the time of the policy change forward will adhere to our updated practices.

Changes to this Privacy Policy

Smart Tools Australia reserves the right to make amendments to this Privacy Policy at any time. If you have objections to the Privacy Policy, you should not access or use the Site.

Accessing Your Personal Information

You have a right to access your personal information, subject to exceptions allowed by law. If you would like to do so, please let us know. You may be required to put your request in writing for security reasons. Smart Tools Australia reserves the right to charge a fee for searching for, and providing access to, your information on a per request basis.

Contacting us

Smart Tools Australia welcomes your comments regarding this Privacy Policy. If you have any questions about this Privacy Policy and would like further information, please contact us by any of the following means during business hours Monday to Friday.

Post: Attn: Privacy Policy,
Smart Tools Australia,
PO BOX 411, Baulkham Hills, NSW, 2153

About the Website
1.1. Welcome to www.smarttoolsplus.com.au (the ‘Website’). The Website provides you with an opportunity to browse and purchase various products that have been listed for sale through the Website (the ‘Products’). The Website provides this service by way of granting you access to the content on the Website (the ‘Purchase Services’).
1.2. The Website is operated by Smart Tools Plus PTY. LTD. (ACN 6245183341). Access to and use of the Website, or any of its associated Products or Purchase Services, is provided by Smart Tools Plus. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Purchase Services, immediately.
1.3. Smart Tools Plus reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Smart Tools Plus updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Smart Tools Plus in the user interface.

3. Registration to use the Purchase Services
3.1. In order to access the Purchase Services, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Purchase Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) an email address
(b) a mailing address
(c) a telephone number
(d) a password.

3.2. You warrant that any information you give to Smart Tools Plus in the course of completing the registration process will always be accurate, correct and up to date.

3.3. Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Purchase Services.

3.4. You may not use the Purchase Services and may not accept the Terms if:

(a) you are not of legal age to form a binding contract with Smart Tools Plus; or
(b) you are a person barred from receiving the Purchase Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Purchase Services.

4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
(a) the Terms;
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(c) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchase Services;
(d) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Smart Tools Plus of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(e) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Smart Tools Plus providing the Purchase Services;
(f) you will not use the Purchase Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchase Services. Appropriate legal action will be taken by Smart Tools Plus for any illegal or unauthorised use of the Website; and
(h) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.

5. Purchase of Products and Returns Policy
5.1. In using the Purchase Services to purchase the Product through the Website, you will agree to the payment of the purchase price listed on the Website for the Product (the ‘Purchase Price’).
5.2. Payment of the Purchase Price may be made through one of the following third party providers:
(a) Paypal
(b) AfterPay
(the ‘Payment Gateway Providers’)
In using the Purchase Services, you warrant that you have familiarised yourself
with, and agree to be bound by, the applicable Terms and Conditions of Use,
Privacy Policy and other relevant legal documentation provided by the Payment
Gateway Providers.
5.3. Following payment of the Purchase Price being confirmed by Smart Tools Plus,
you will be issued with a receipt to confirm that the payment has been received
and Smart Tools Plus may record your purchase details for future use.
5.4. Smart Tools Plus may, at their sole discretion, provide a refund on the return of
the Products within 30 days where the Product packaging is unopened and
remains in a saleable condition. You acknowledge and agree that you are liable
for any postage and shipping costs associated with any refund pursuant to this
6. Warranty
6.1. Smart Tools Plus’s Products come with guarantees that cannot be excluded
under the Australian Consumer Law. You are entitled to a replacement or refund
for a major failure of the Product. You are also entitled to have the Products
repaired or replaced if the Products fail to be of acceptable quality and the failure
does not amount to a major failure (the ‘Warranty’).
6.2. You may make a claim under this clause (the ‘Warranty Claim’) for material
defects and workmanship in the Products within 12 from the date of purchase
(the ‘Warranty Period’).
6.3. In order to make a Warranty Claim during the Warranty Period, you must provide
proof of purchase to Smart Tools Plus showing the date of purchase of the
Products, provide a description of the Products and the price paid for the
Products by sending written notice to Smart Tools Plus at PO BOX 411,
Baulkham Hills, NSW 2153, Australia or by email at info@smarttoolsplus.com.au.
6.4. Where the Warranty Claim is accepted then Smart Tools Plus will, at its sole
discretion, either repair or replace any defective Products or part thereof with a
new or remanufactured equivalent during the Warranty Period at no charge to
you for parts or labour. You acknowledge and agree that you will be solely liable
for any postage or shipping costs incurred in facilitating the Warranty Claim.
6.5. The Warranty shall be the sole and exclusive warranty granted by Smart Tools
Plus and shall be the sole and exclusive remedy available to you in addition to
other rights and under a law in relation to the Products to which this warranty
6.6. All implied warranties including the warranties of merchantability and fitness for
use are limited to the Warranty Period.
6.7. The Warranty does not apply to any appearance of the supplied Products nor to
the additional excluded items set forth below nor to any supplied Products where
the exterior of which has been damaged or defaced, which has been subjected to
misuse, abnormal service or handling, or which has been altered or modified in
design or construction.
7. Delivery
7.1. You acknowledge that the Purchase Services offered by Smart Tools Plus
integrate delivery (the ‘Delivery Services’) through the use of third party delivery
companies (the ‘Delivery Service Providers’).
7.2. In providing the Purchase Services, Smart Tools Plus may provide you with a
variety of delivery and insurance options offered as part of the Delivery Services
by the Delivery Service Providers. You acknowledge and agree that Smart Tools
Plus is not the provider of these delivery and insurance options and merely
facilitates your interaction with the Delivery Service Providers in respect to
providing the Delivery Services.
7.3. In the event that an item is lost or damaged in the course of the Delivery
Services, Smart Tools Plus asks that you:
(a) contact the Delivery Service Provider directly to request a refund or to claim
on any insurance options available; and
(b) contact us by sending an email to info@smarttoolsplus.com.au outlining in
what way the Products were damaged in transit so we are able to
determine if the Delivery Service Provider should be removed from the
Purchase Services.
8. Copyright and Intellectual Property
8.1. The Website, the Purchase Services and all of the related products of Smart
Tools Plus are subject to copyright. The material on the Website is protected by
copyright under the laws of Australia and through international treaties. Unless
otherwise indicated, all rights (including copyright) in the site content and
compilation of the website (including text, graphics, logos, button icons, video
images, audio clips and software) (the ‘Content’) are owned or controlled for
these purposes, and are reserved by Smart Tools Plus or its contributors.
8.2. Smart Tools Plus retains all rights, title and interest in and to the Website and all
related content. Nothing you do on or in relation to the Website will transfer to
(a) the business name, trading name, domain name, trade mark, industrial
design, patent, registered design or copyright of Smart Tools Plus; or
(b) the right to use or exploit a business name, trading name, domain name,
trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a system or process).
8.3. You may not, without the prior written permission of Smart Tools Plus and the
permission of any other relevant rights owners: broadcast, republish, up-load to a
third party, transmit, post, distribute, show or play in public, adapt or change in
any way the Content or third party contact for any purpose. This prohibition does
not extend to materials on the Website which are freely available for re-use or are
in the public domain.
9. Privacy
Smart Tools Plus takes your privacy seriously and any information provided through
your use of the Application and/or the Purchase Services are subject to Smart Tools
Plus’s Privacy Policy, which is available on the Application.
10. General Disclaimer
10.1. You acknowledge that Smart Tools Plus does not make any terms, guarantees,
warranties, representations or conditions whatsoever regarding the Products
other than provided for pursuant to these Terms.
10.2. Smart Tools Plus will make every effort to ensure a Product is accurately
depicted on the Website, however, you acknowledge that sizes, colours and
packaging may differ from what is displayed on the Website.
10.3. Nothing in these Terms limits or excludes any guarantees, warranties,
representations or conditions implied or imposed by law, including the Australian
Consumer Law (or any liability under them) which by law may not be limited or
10.4. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are
not expressly stated in these Terms are excluded; and
(b) Smart Tools Plus we will not be liable for any special, indirect or
consequential loss or damage (unless such loss or damage is reasonably
foreseeable resulting from our failure to meet an applicable Consumer
Guarantee), loss of profit or opportunity, or damage to goodwill arising out
of or in connection with the Purchase Services or these Terms (including as
a result of not being able to use the Purchase Services or the late supply of
the Purchase Services), whether at common law, under contract, tort
(including negligence), in equity, pursuant to statute or otherwise.
10.5. Use of the Website, the Purchase Services, and any of the products of Smart
Tools Plus (including the Delivery Services), is at your own risk. Everything on
Website, the Purchase Services, and the Products of Smart Tools Plus, are
provided to you on an “as is” and “as available” basis, without warranty or
condition of any kind. None of the affiliates, directors, officers, employees,
agents, contributors, third party content providers or licensors of Smart Tools
Plus (including any third party where the Delivery Services are made available to
you) make any express or implied representation or warranty about its Content or
any products or Purchase Services (including the products or Purchase Services
of Smart Tools Plus) referred to on the Website. This includes (but is not
restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure
to correct defects, delay in operation or transmission, computer virus or
other harmful component, loss of data, communication line failure, unlawful
third party conduct, or theft, destruction, alteration or unauthorised access
to records;
(b) the accuracy, suitability or currency of any information on the Website, the
Purchase Service, or any of its Content related products (including third
party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services
or any of the Products;
(d) the Content or operation in respect to links which are provided for the
User’s convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce
transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties
or publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
11.1. Smart Tools Plus’s total liability arising out of or in connection with the Purchase
Services or these Terms, however arising, including under contract, tort
(including negligence), in equity, under statute or otherwise, will not exceed the
most recent Purchase Price paid by you under these Terms or where you have
not paid the Purchase, then the total liability of Smart Tools Plus is the resupply
of information or Purchase Services to you.
11.2. You expressly understand and agree that Smart Tools Plus, its affiliates,
employees, agents, contributors, third party content providers and licensors shall
not be liable to you for any direct, indirect, incidental, special consequential or
exemplary damages which may be incurred by you, however caused and under
any theory of liability. This shall include, but is not limited to, any loss of profit
(whether incurred directly or indirectly), any loss of goodwill or business
reputation and any other intangible loss.
11.3. Smart Tools Plus is not responsible or liable in any manner for any site content
(including the Content and Third Party Content) posted on the Website or in
connection with the Purchase Services, whether posted or caused by users of
the website of Smart Tools Plus, by third parties or by any of the Purchase
Services offered by Smart Tools Plus.
11.4. You acknowledge that Smart Tools Plus does not provide the Delivery Services
to you and you agree that Smart Tools Plus will not be liable to you for any
special, indirect or consequential loss or damage, loss of profit or opportunity, or
damage to goodwill arising out of or in connection with the Delivery Services.
12. Termination of Contract
12.1. The Terms will continue to apply until terminated by either you or by Smart Tools
Plus as set out below.
12.2. If you want to terminate the Terms, you may do so by:
(a) notifying Smart Tools Plus at any time; and
(b) closing your accounts for all of the Purchase Services which you use,
where Smart Tools Plus has made this option available to you.
Your notice should be sent, in writing, to Smart Tools Plus via the ‘Contact Us’
link on our homepage.
12.3. Smart Tools Plus may at any time, terminate the Terms with you if:
(a) you have breached any provision of the Terms or intend to breach any
(b) Smart Tools Plus is required to do so by law;
(c) the partner with whom Smart Tools Plus offered the Purchase Services to
you has terminated its relationship with Smart Tools Plus or ceased to offer
the Purchase Services to you;
(d) Smart Tools Plus is transitioning to no longer providing the Purchase
Services to Users in the country in which you are resident or from which
you use the service; or
(e) the provision of the Purchase Services to you by Smart Tools Plus is, in the
opinion of Smart Tools Plus, no longer commercially viable.
12.4. Subject to local applicable laws, Smart Tools Plus reserves the right to
discontinue or cancel your membership to the Website at any time and may
suspend or deny, in its sole discretion, your access to all or any portion of the
Website or the Purchase Services without notice if you breach any provision of
the Terms or any applicable law or if your conduct impacts Smart Tools Plus’s
name or reputation or violates the rights of those of another party.
12.5. When the Terms come to an end, all of the legal rights, obligations and liabilities
that you and Smart Tools Plus have benefited from, been subject to (or which
have accrued over time whilst the Terms have been in force) or which are
expressed to continue indefinitely, shall be unaffected by this cessation, and the
provisions of this clause shall continue to apply to such rights, obligations and
liabilities indefinitely.
13. Indemnity
13.1. You agree to indemnify Smart Tools Plus, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered or
arising out of or in connection with any Content you post through the
(b) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so and any breach by you or your agents
of these Terms; and/or
(c) any breach of the Terms.
14. Dispute Resolution
14.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses
have been complied with (except where urgent interlocutory relief is sought).
14.2. Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must
give written notice to the other party detailing the nature of the dispute, the desired
outcome and the action required to settle the Dispute.
14.3. Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms
(‘Parties’) must:
(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may
mutually agree;
(b) If for any reason whatsoever, 14 days after the date of the Notice, the
Dispute has not been resolved, the Parties must either agree upon
selection of a mediator or request that an appropriate mediator be
appointed by the President of the Australian Mediation Association or his or
her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a
mediator and the cost of the venue of the mediation and without limiting the
foregoing undertake to pay any amounts requested by the mediator as a
pre-condition to the mediation commencing. The Parties must each pay
their own costs associated with the mediation;
(d) The mediation will be held in New South Wales, Australia.
14.4. Confidential
All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent
possible, must be treated as “without prejudice” negotiations for the purpose of
applicable laws of evidence.
14.5. Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute
has not been resolved, either Party may ask the mediator to terminate the mediation
and the mediator must do so.
15. Venue and Jurisdiction
The Purchase Services offered by Smart Tools Plus is intended to be viewed by
residents of Australia. In the event of any dispute arising out of or in relation to the
Website, you agree that the exclusive venue for resolving any dispute shall be in the
courts of New South Wales, Australia.
16. Governing Law
The Terms are governed by the laws of New South Wales, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way
relating to the Terms and the rights created hereby shall be governed, interpreted and
construed by, under and pursuant to the laws of New South Wales, Australia, without
reference to conflict of law principles, notwithstanding mandatory rules. The validity of
this governing law clause is not contested. The Terms shall be binding to the benefit of
the parties hereto and their successors and assigns.
17. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent legal
advice and declare the Terms are not against public policy on the grounds of inequality
or bargaining power or general grounds of restraint of trade.
18. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

– Updated March, 2018



Smart Tools Plus Pty Ltd “Smart Tools Australia” warrants to the end user, in accordance with the following provisions, that its products, purchased by the end user directly from Smart Tools Australia are free from defects in materials, workmanship and design affecting normal use for a period of one year from original purchase date. Products for which a proper claim is made shall be, at Smart Tools Australia’s discretion, repaired or replaced at Smart Tools Australia’s expense, excluding all postage and shipping costs which will be the end users sole responsibility. Any tools and/or parts removed from the repaired products shall become the property of Smart Tools Australia. The tools and/or parts may be new or refurbished (except when by law Smart Tools Australia must use new parts in the repair) and of equivalent or higher quality and technology, with respect to the original product specifications.


This warranty does not apply to defects arising from:

  • Normal wear and tear.
  • Third-party products
  • Any instruction given by the customer and performed by Smart Tools Australia
  • Causes not attributable to defects of manufacture and/or defects of material.
  • Product defects which do not cause a discrepancy between what is offered and what is delivered.
  • Repair or attempt to repair the product by persons not authorized by Smart Tools Australia.
  • Accidents or negligence in use of the Product.
  • Abuse or improper use of the product or use other than normal use.
  • Damage caused by floods, earthquakes, fire, electrical storms, impacts, and/or incorrect transport.
  • Force majeure or act of God, and, in general, any event that is outside the possible control of Dell.


How to Make a Warranty Claim

Steps for making a claim:

  1. Visit https://www.smarttoolsplus.com/contact/ and fill out the form.
  2. Smart Tools Plus will be in contact with you shortly with further information about your return, including shipping address and eligibility.


Smart Tools Plus Pty Ltd “Smart Tools Australia” will provide a refund if any of the following conditions are met, under the Australian Consumer Law:

  • are faulty
  • don’t match the sample or demo model
  • don’t match the description
  • doesn’t do what the salesperson said it would
  • doesn’t do what the customer asked for.

Please note that any ‘change of mind’ refund request is not covered under our Refund Policy.

For further information about your rights as a consumer, please visit http://www.fairtrading.nsw.gov.au/Businesses/Selling_goods_and_services/Providing_warranties.html

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