sMart Shop App Terms of Use
Terms of Use
TDMN Pty Ltd ABN 92 630 519 121
Date 2 January 2021
1. GENERAL
1.1. By installing the Application, You agree to be bound by these Terms of Use. You must not do anything with this Application which is not expressly permitted by these Terms of Use.
1.2 We may at any time for any reason: (i) modify or withdraw the Application; (ii) modify, suspend, or terminate operation of or access to the Application; (iii) change any policies or terms; and (iv) interrupt operation of the Application; and (v) upgrade the Application for fixes, and to add support for new functions or services.
1.3 You must check these Terms of Use for any changes. Your continued use of the Application following any changes will mean that You accept and agree to any changes We may make.
2. YOUR SYSTEM REQUIREMENTS
2.1. In order to use the Application, You must have internet access and a compatible mobile telephone or handheld device with the following minimum specifications: Apple iOS devices running iOS 14.0, and Android OS devices running Android OS 11 and above.
3. CONDITIONS OF USING APPLICATION
3.1. As long as you comply with these Terms of Use, We grant You a personal non-exclusive, non-transferable free revocable licence to use the Application for Your personal use in accordance with these Terms of Use.
3.2. Except as expressly provided in these Terms of Use, no part of the Application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, or used for any commercial purpose without Our prior written consent.
3.3. You will not, nor allow third parties on Your behalf to: (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create any kind of derivative works of the Application.
3.4. Additional terms and conditions may apply to product purchases or features of the Application such as contests, or promotions, all of which terms are made a part of these Terms of Use by this reference. You must comply with such other terms and conditions. If there is a conflict between the Terms of Use and the terms posted for a specific product or feature of the Application or for any service offered on or through the Application, the latter terms will prevail regarding Your use of that portion of the Application for the specific product or feature.
3.5 The terms of agreement with Your mobile network provider (Mobile Provider) apply when using the Application. You may therefore be charged fees by the Mobile Provider for network connection services while accessing the Application and any associated third-party charges that may arise. You are responsible for any such fees.
3.6. If You are not the bill payer for the mobile telephone or handheld device being used to access the Application, You will be assumed to have received permission from the bill payer for using the Application.
3.7 You agree to return and lock the trolley, You have unlocked using the application and acknowledge that anytime you do not return and lock a trolley you will forfeit your sMart Coin™ and will need to purchase another.
4. PROPRIETARY RIGHTS
4.1. All intellectual property rights in the Application are either owned or controlled by TDMN or the third-party licensing TDMN to use their Content.
5.AVAILABILITY
5.1. We do not warrant the Application will be available at all times.
5.2. We will use reasonable efforts to make the Application available at all times, however the quality and availability of the Application may be affected by factors outside Our reasonable control such as Your internet connection or other network issues.
5.3. We do not accept any responsibility for unavailability of the Application, or any difficulty or inability to access Content or any other communication system failure which may result in the Application being unavailable.
5.4. We will not be responsible for any support or maintenance for the Application.
6.PRIVACY AND SECURITY
6.1. We are committed to the Australian Privacy Principles, and have established policies and procedures to ensure all personal information is handled in accordance with the Australian Privacy Principles.
6.2. By using the Application, You agree that We may collect and use personal information and data and related information, including but not limited to your shopping lists, preferences and purchasing habits with Us, technical information about Your device, system and application software. We collect this information for a number of reasons including, to better understand your requirements and preferences, to facilitate the provision of updates, and to provide you offers that are of greater interest or benefit to you.
6.3. When you purchase a sMart Coin™ or raise a dispute in relation to a sMart Coin™, you agree that TDMN may share information about you that we collect.
6.4. Any personal information You supply to Us as a result of Your use of the Application will be used by Us in accordance with our Privacy Policy, which can be viewed here.
6.5 You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You must immediately notify Us of any unauthorised use of Your account or password, or any other breach of security.
7. PRODUCTS,PRICES AND DISPUTES
7.1. The Application allows You to purchase a sMart Coin™ for your account to be used as a deposit each time you unlock a trolley.
7.2. sMart Coin™ price is correct at time of publishing.
7.3 You warrant that you have the authority to make such purchases via the application.
7.4 You warrant that the information you provide when raising a dispute is true and accurate.
8.LIMITATION OF LIABILITY
8.1. Except where prohibited by law, We will not be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of Your use of or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort, product liability or otherwise.
8.2. We are not liable to You for any damage or alteration to Your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
9. DISCLAIMER OF WARRANTIES
9.1. Other than those implied by law, and which cannot be excluded the Application is provided “as is” and “as available” without warranty of any kind.
9.2. We do not warrant that the Application or any Content, service or feature of the Application will be error free, or uninterrupted or that any defects will be corrected or that Your use of the Application will provide any specific results.
9.3. All information on the Application is subject to change without notice.
9.4. To the maximum extent permitted by law We disclaim all express and implied warranties with regard to the Application including accuracy, merchantability and fitness for particular purpose.
10.TERMINATION
10.1. We may terminate use of the Application at any time without notice.
10.2. Upon any termination, the rights and licenses granted to You will immediately terminate and You must cease using the Application.
11. GOVERNING LAW
11.1 The laws of the New South Wales and the Commonwealth of Australia govern these Terms of Use.
12.DEFINITIONS
In these Terms of Use:
Application means the application provided by Us relating to products and services We offer and any upgrades and other software enabling use of the Application. Content means all copyright, database rights text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, software code and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content and other intellectual property rights. Terms of Use mean these terms and conditions governing Your use of the Application. Us or We or Our means TDMN Pty Ltd. You means the person to which the device is registered, or the person authorised to use the device, upon which the Application is installed.
