Last updated: April 2022

Please be advised that while shopping on https://www.chemicalguys.com.au, you are dealing with the eCommerce provider SCALEFAST AUSTRALIA PTY LTD, which is a company commissioned by Smart LLC (“Merchant” as detailed below) to handle online sales on behalf of the company.

These Terms of Sale ("Terms of Sale" or "Agreement") are a legal document that explains your rights and obligations as a Customer. Please read it carefully.

YOU AND THE SELLER (AS DEFINED BELOW) AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (ii) THIS AGREEMENT; OR (iii) YOUR USE OF THE STORE, YOUR ACCOUNT OR THE SELLER SOFTWARE. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION OR ANY OTHER LEGAL THEORY.

These Terms of Sale, the Seller’s Privacy Policy and the Members Programs Terms and Conditions constitute and contain the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.

Website or store:

The Merchant’s online store website accessible at: chemicalguys.com.au

Customer:

You, the user of the Website (and addressee of these terms).

Product(s):

Product(s) sold on the Website

Merchant:

Smart LLC

14108 S Western Ave, Gardena, CA 90249

Seller:

The Merchant’s authorized Seller which operates the Website www.chemicalguys.com.au and which is SCALEFAST AUSTRALIA PTY LTD., an Australian corporation having its registered office at Level 4, 17-19 BRIDGE STREET, Sydney, NSW, 2000.

PREAMBLE

The present Terms and Conditions of Sale define and regulate the contractual relation between the Seller and you, the Customer, also defined below as the user of the Website.

The Seller is an online and offline e-commerce solutions provider.

The present Terms and Conditions of Sale apply exclusively between the Seller and any person who visits the Website or makes a purchase from the Website.

You have access to and may become familiar with the Terms and Conditions of Sale directly on the Website. These Terms and Conditions of Sale may be altered at any point in time, at the discretion of the Seller. Enforceable terms and conditions consist of those published on the Website, and are binding as of their date of registration. At all times, you are solely responsible for remaining knowledgeable about, and in compliance with, these Terms and Conditions of Sale.

Your failure to cancel your Account (as defined below) or cease to use the Seller’s ecommerce solutions affected by the amendment will constitute your tacit acceptance of the amended terms. If you don’t agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your Account or to cease to use the Seller’s e-commerce solutions.

The information given on the said Website may be modified by the Seller without prior notification.

The simple act of placing an order on the Website implies acceptance, without reserve, of the present Terms and Conditions of Sale. The Seller shall grant a limited license of access and use of the Website.

User Account

To make a purchase on the Seller’s branded-ecommerce Store, you may be asked to complete the Store’s registration process, and create a Store account ("Account"). You must be 18 years old or older to create or use an Account.

The Seller shall not have any obligation to refund any fees that may have accrued to your Account before cancellation of your Account or cessation of use of any Subscription, nor shall the Seller have any obligation to prorate any fees in such circumstances.

All members must be 18 years or older to make a purchase on the Store. Your Account may also include billing information you provide to the Seller for the purchase of on-going or repeat purchases (“Subscriptions”), for pre-orders or for faster future purchases. You are solely responsible for all activity on your Account and for the security of your computer system. You may not reveal, share or otherwise allow others to use your password or Account. You agree that you are personally responsible for the use of your password and Account and for all of the communication and activity on the Store that results from use of your login name and password. You may not sell or charge others for the right to use your Account, or otherwise transfer your Account, nor may you sell, charge others for the right to use, or transfer any Subscriptions other than if and as expressly permitted by these Terms of Sale.

Please inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner.

As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. If you cancel your Account, the Seller reserves the right to collect fees, surcharges or costs incurred before cancellation. Any delinquent or unpaid Accounts must be settled before the Seller can allow you to register again.

You also understand and acknowledge that Accounts are user rights binding you to such an Account, and that the Seller does not recognize any transfer of Accounts (including transfers by operation of law) from one subscriber to any third party. Each customer shall be the sole holder of his own Account.

Your purchase is subject to product requirements which you must read before purchasing a product. The act of making a purchase constitutes your tacit understanding and compliance with these requirements. The Seller shall not be held responsible for any loss, incompatible or erroneous purchases. We encourage you to contact our customer services, in such an event, so we may resolve your problem to the best of our ability.

You agree that you will be personally responsible for the use of your Account and for all activity on the Store that results from use of your Account. Your online conduct is expected to be in good faith, non-abusive and not seeking any other personal interest other than the services provided. You will otherwise be held in contempt and, at the discretion of the Seller, ensuing legal procedure may incur.

You may cancel your Account at any time. You may cease use of an Account at any time or, if you choose, you may request that we terminate your access to an Account. However, Accounts and product delivery are not transferable and product purchase transactions entitle you to a single right to the delivery of a product. Your cancellation of an Account will not entitle you to any refund for any products or fees. The Seller holds the right to collect fees, surcharges or costs incurred prior to the cancellation of your Account. In addition, you are responsible for any charges incurred to third-party vendors or content providers before your cancellation.

The Seller may cancel your Account at any time, in the event that (a) the Seller closes down the Store, or (b) you breach any terms of this Agreement (including any Subscription Terms or Rules of Use of the Subscription). In the event that your Account is terminated or cancelled by the Seller for a violation of these Terms of Sale or improper or illegal activity, no refund, including of any Subscription fees or of any unused funds in your Account, will be granted .

By creating an Account, you also accept the Terms and Conditions of the Members Rewards Program (as defined on the Website) that may be made available on the Website.

All accounts created before the launch of the Website are not submitted to these Terms and Conditions of Sale. Therefore, all accounts created before the launch of the Website do not qualify for the Members Rewards Program and are not transferred to this Website. Returning customers should create a new Account.

Stock Availability and Sales Fulfillment

Products are for sale within the limit of available stock. Offers for Products that are out of stock shall be valid on the condition that they can be obtained from the Seller’s suppliers. The processing and delivery of orders shall always be honoured upon availability of stock.

Application

Your product order is a binding offer to the Seller to purchase the said Products (“Product Order”). Upon the placement of a Product Order, an ensuing and immediate confirmation message will be displayed followed by a confirmation email to you. Such automatic confirmation does not constitute an acceptance by the Seller of your Product Order, but a notice of acknowledgement. The Seller's acceptance of your Product Order shall occur and a contract shall form only once the Seller approves the Product Order. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we've dispatched the product to you (the "Fulfillment Confirmation E-mail").

If your Product Order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Fulfillment Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Fulfillment Confirmation E-mail. Your contract is solely with the Seller.

Orders and Use of the Services

The Product Orders shall be placed exclusively via the Internet.

Automatic Product Order confirmation errors may occur. Please check the automatic Product Order confirmation for errors and inform us immediately of any discrepancies. You guarantee all data provided during registration is true, accurate, up-to-date and complete. Product Orders s will only be accepted from Customers 18 years of age and older.

The Seller holds the right to cancel or refuse any Product Order from any Customer with whom a previous order’s payment has not been received by Seller.

You consent to receive sales invoices electronically. Electronic invoices will be made available in your Account on the Website. For each delivery, in our Fulfillment Confirmation E-mail you will receive a link to your electronic invoice on the Site. If you do not have an account and have not printed your invoice upon receiving your Fulfillment Confirmation Email, or for further information about electronic invoices and instructions on how to receive a paper copy please contact our customer support Customer support

Delivery of Physical goods

Your order shall be delivered to the address indicated during the ordering procedure. Please note that it might not be possible for us to deliver to some addresses. If we are unable to deliver to your location we will use the contact details that you provide to us when you make your order and arrange for either cancellation of the order or delivery to an alternative delivery address.The delivery delay indicated on the Website is strictly indicative and may vary with the progression of the order. To the extent permitted by law, the Seller is not liable for for any losses, expenses, damages or charges arising from any delayed delivery or the loss of a package by postal services or couriers and ensuing consequences. It is your responsibility to verify the good condition of their package(s) and its content immedaitely upon receiving the package. In the event the package(s) or content are not in conformity with the order, you shall put in writing a full description of the content and disconformities, on the delivery slip, and shall notify the Seller within 3 days of receipt of the order.

Payment

At the time of purchase, you will have the possibility to pay with all displayed payment methods. Any other methods will not be endorsed.

The Seller uses TLS (Transport Layer Security) encryption technology for your transactions. Your banking information is not stored by the Seller. Stored banking information is stored by the payment service provider, only if you have selected the option of saving a credit/debit card to your name, for a future use during check out or for a pre-order. Therefore, the Seller does not have access to private banking details and credit history at any point. To prevent abuses and fraud, the Seller only stores your name, address and the transaction time and date. This data remains strictly confidential.

Any attempted fraud or deception, regardless of scope, will immediately lead to further action, as part of which all related transaction data might be forwarded to the authorities.

When you provide payment information to the Seller or to one of its payment service providers, you establish that you are the authorized user of the card, PIN, key or account associated with that payment, and you authorize the Seller to charge your credit card or to process your payment with the chosen third-party payment service provider for any purchases or fees chargeable to your account. The Seller may require you to provide your address or other information in order to meet the Seller’s obligations under applicable law.

[For Subscriptions [OPTIONAL] purchased, based on an agreed usage period, where recurring payments are made in exchange for continued use (“Recurring Payment Subscriptions”), by continuing to use the Recurring Payment Subscription, you agree and reaffirm that the Seller is authorized to charge your credit card, or to process your payment with any other applicable third-party payment processor (such as Paypal), for any applicable recurring payment amounts. If you have purchased any Recurring Payment Subscriptions, you agree to notify the Seller promptly of any changes to your credit card account number, its expiration date and/or your billing address, or your PayPal or other payment account number, and you agree to notify the Seller promptly if your credit card or PayPal or other payment account expires or is cancelled for any reason.]

If your use of the Store and purchases are subject to any type of use or sales tax, then the Seller may also charge you for those taxes, in addition to the Subscription or other fees published in the Rules of Use.

You agree that you will not use IP proxying or other methods to disguise the place of your residence, whether to circumvent geographical restrictions on Product content, to purchase at pricing not applicable to your geography, or for any other purpose. If you do this, we may terminate your access to your Account.

Ownership Rights

The ownership of the Products shall be transferred to you when full payment is received. However, any risk of loss, theft or destruction, in the period between the delivery and the transfer of ownership, shall be borne by you. Should you not honour the payment obligations for any reason whatsoever, the Seller shall be entitled to demand that the delivered merchandise be returned immediately, at your own cost, risk and peril.

The Seller makes no representations or warranties, either expressed or implied, regarding any third party. In particular, the Seller makes no representation or warranty that any service or subscription offered via third-party vendors will not change or be suspended or terminated.

License and user rights

The Store may require the automatic download and installation of software onto your computer. The Seller hereby grants, and you accept, a limited, terminable, non-exclusive license and right to use the software for your personal, non-commercial use (except where commercial use is expressly allowed herein or in the applicable Terms of Sale) in accordance with these Terms of Sale. The software is licensed, not sold. Your license confers no title or ownership in the software.

You may not use the Internet source code or any the Seller software for any purpose other than the permitted access to the Store and to make personal, non-commercial use of your Account, except as otherwise permitted by this Terms of Sale or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Store or the Seller software without the prior consent, in writing, of the Seller.

You are entitled to use the Store for your own personal use, but you are not entitled to: (i) sell, grant a security interest to other parties in any way, nor to rent, lease or license your Account rights to others without the prior written consent of the Seller, except to the extent expressly permitted elsewhere in these Terms of Sale; (ii) exploit the Seller Software, the Store for any commercial purpose, except as expressly permitted elsewhere in these Terms of Sale.

Faulty ProductReturns

If the the Product is faulty or has defects, the Customer must first notify the support team as soon as possible so that the support team can can advise the Customer of the returns procedure and help remedy the issue. To assist with this process the Customer may be asked to provide additional information to explain what is wrong with the Product. The Product will be received by the Merchant or the logistics service provider and tested by experts. All returns on the grounds of a fault or defects will be submitted for verification.

The Products come with guarantees that cannot be excluded under the Australian Consumer Law. The Customer is 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 (if repair is possible), replaced or refunded if the Products fail to be of acceptable quality and the failure does not amount to a major failure.It will not consistute a defect or failure with the Product if the Product has become of unacceptable quality due to the Customers failure to use the Product in accordance with manufacturers insturctions or by using the Product in an abnormal way.

Change of Mind Returns

In addition to your rights relating to faulty products, bu subject to the provisions of this section, You have 30 days, counted from the date of receipt of the Product, within which to return the Product, with no obligation of justification or payment of penalties. You shall pay only the return postage cost for the package. The Customer must first notify the support team that they will be exercising their right of withdrawal by emailing the support team specifying 'WITHDRAWAL OF ORDER' as the reason. You may also use the Model Withdrawal Form set out at the end of these T&Cs, duly filled in and signed by you.

In order to return their Product the Customer must follow the returns procedure provided by the support team.

The original invoice of the Product must be included with the returned merchandise. Only unopened Products in new condition and originally packaging shall be accepted. Products that have been specifically excluded from returns such as those marked ‘Final Sale’ are not able to be returned. If the Product is returned after the withdrawal period or if the returns procedure is not followed precisely, the Customer's package may be refused and returned to the Customer.

Customers that exercise a right to return their purchase may only demand reimbursement for the purchase’s original and paid amount. The Seller does not take title to returned items until the items arrive at the returns address destination.

At our discretion, a refund may be issued without requiring a return. In this situation, the Seller does not take title to the refunded item. The Seller’s support team may be contacted at the addresses displayed on the Website.

Nothing in this section is intended to exclude your statutory rights as a consumer under the Australian Consumer Law.

Return procedure

Please refer to the online document available on the Website to get information about our policy regarding returns and the return procedure.

Intellectual Property

The entire content of the Website (texts, images, illustrations and computer code) is the property of the Seller, the Merchant or their co-contractors.

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Seller’s Service are trademarks, copyrights or trade dress of the Seller. The Seller’s trademarks, copyrights and trade dress may not be used in connection with any product or service that is not provided by the Seller, or in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Seller. All other trademarks or copyrights not owned by the Seller that appear in any Seller’s Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Seller.

Links to Third Party Websites

The Store may contain links to other websites. The Seller does not have any control over these other websites and is not responsible for their content or security. If a Member clicks on a link to such website, he/she does so at his/her own risk and is subject to the privacy policy, and terms and conditions of that website.

Confidentiality

Personal information you provide shall not be given to any third party other than the Merchant, and the Seller’s service providers (such as payment and delivery services).

By placing an Product Order via the Website, you commit to providing accurate and true information. Your personal information is indispensable for the dispatch of the merchandise and invoice. If personal information is not provided the order shall be cancelled. Your personal information shall be used to deliver ordered Products, to inform you of new offers from the SSeller and/or the Merchant, and to contact you should a problem arise concerning the order.

Regarding further information on the privacy and processing of your personal information, please refer to our Privacy Policy, available on the Website. These Terms of Sale are to be read in connection with the Privacy Policy, should any conflict ensue. Please refer yourself to these Terms of Sale as a reference for your purchases and rights through your interaction with the Seller.

Responsibilities

You agree that these Terms of Sale do not intend to confer and do not confer any rights or remedies upon any person other than the parties to these Terms of Sale.

When you use the Seller websites, you may also be using the services of one or more third parties, such as a payment service provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties. We advise you to refer to these third parties’ policies.

You acknowledge that you connect to the Website and use its services at your own risk. The Seller holds no responsibility for any direct or indirect damages a user or a third party may suffer for any reason whatsoever by connecting to the Website, not having access or being able to log in to the Website, or that the Website is or is not working. The Seller guarantees it shall take all reasonable measures to ensure the availability of its services. However, since the transactions are made via the Internet, the Seller cannot guarantee the quality of the networks being used to access the Internet. Technical interruptions are possible. The Seller shall attempt to inform its Customers of the reasons for an interruption, to the best of its ability, but holds no responsibility in the event of a delay. The Seller holds no responsibility in the event of any loss of your data provided. Customers must always keep a personal copy of files. The Seller holds no responsibility for not honouring its contractual obligations, in the event of chance occurrence, unavoidable accident or an Act of God as defined by the laws and precedents of the applicable jurisdictions.

Nor in any event will the Seller be liable for any indirect, incidental, consequential, special, punitive or exemplary damages, or any other damages arising out of or in any way connected with the store, the Seller’s software, and any information available in connection therewith, or inability to use the Seller’s software, subscriptions (if any) or any information, even in the event of the Seller’s or its affiliates’ fault, tort (including negligence), strict liability, breach of contract, or breach of the Seller’s warranty and even if the Seller has been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate recompense.

You agree to defend, indemnify and hold harmless the Seller, its licensors, the Merchant and its and their affiliates from all liabilities, claims and expenses, including attorneys’ fees, that arise from or in connection with breach of these Terms of Sale or the use of the Store, by you or any person(s) using your Account, or from the Product selection to the creation of an Account, the purchase, distribution, promotion and use of any add-ons or derivative Products. The Seller holds the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. This section regarding responsibilities shall survive termination of these Terms of Sale.

If you provide the Seller with any feedback or suggestions about the Store, or any Seller’s software, products or services, the Seller is free to use the feedback or suggestions however it chooses, without any obligation to you.

The Seller and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

The Seller may inform you through an online notice in the case of systems’ maintenance and shall not be held responsible for any incurring ensuing delays or consequences.

Product Information

All photographs used to illustrate the Seller Products and services are for information purposes only and may not represent the product identically. Seller shall not be responsible for a claim that the product received does not identically match the product shown on the Website.

Unless expressly indicated otherwise, the Seller is not the manufacturer of the products sold on the Site. While we work to ensure that Product information on our Website is correct, actual Product packaging and materials may contain more and different information to that displayed on our Website. All information about the Products on our Website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our Website. Please always read labels, warnings and directions provided with the Product before use.

Customers’ public statements

Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of an e-card or other content. We hold the right to remove or edit such content. If you believe that any content on or advertised for sale on any Seller’s Service fails to meet the standard stated above, or that your intellectual property rights are being infringed by an item or information on any Seller’s Service, please notify us by contacting our customer support by support@chemicalguyssupport.zendesk.com and we will respond.

If you post content or submit material, and unless we indicate otherwise, you grant: (a) the Seller a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) the Seller, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose. You agree that you may not assert any moral rights ("droit moral) under this provision.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to the Seller including the execution of assignments, filings with the appropriate intellectual property authorities, deeds and documents, at our request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post that, as at the date that the content or material is posted: (i) the content and material is true and accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify the Seller for all claims brought by a third party against the Seller arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us.

If you believe that any content on, or within a product advertised for sale on, the Website contains a defamatory statement, please notify the Seller immediately.

Applicable Law - Competent Jurisdiction

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE SELLER, ITS LICENSORS, AND ITS AND THEIR AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

You agree that these Terms of Sale shall be deemed to have been made and executed in the State of New South Wales, and any dispute arising hereunder shall be resolved in accordance with the law of the state of New South Wales, Australia. Subject to Dispute Resolution by Arbitration below, you agree that any claim asserted in any legal proceeding by you against the Seller shall be commenced and maintained exclusively in the courts in the State of New South Wales, Australia, having subject matter jurisdiction with respect to the dispute between the parties and you hereby consent to the exclusive jurisdiction of such courts. In any dispute arising under these Terms of Sale, the prevailing party will be entitled to attorneys’ fees and expenses.

Nothing in these Terms of Sale limits or excludes our responsibility for fraudulent representations made by us or for death,personal injury or property damage caused by our negligence or willful misconduct.

If any of these Terms of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

If you breach these Terms of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms of Sale.

DISPUTE RESOLUTION BY ARBITRATION

Most user concerns can be resolved by use of our support support@chemicalguyssupport.zendesk.com. If we are unable to resolve your concerns and a dispute remains between you and us, this section explains how we agree to resolve it.

However, this Section does not apply to the following types of claims or disputes, which you or the Seller may bring in any court with jurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (ii) claims related to or arising from any alleged unauthorized use, piracy or theft.

Arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND THE SELLER ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.

You and the Seller agree to make reasonable efforts, in good faith, to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and the Seller do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or the Seller may commence arbitration. Written notice to the Seller must be sent via postal mail.

If applicable, the International Arbitration Act 1974 applies to this Section. Any dispute, controversy or claim arising out of, relating to or in connection with these Terms of Sale, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one.

The ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM. You and the Seller also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.

These terms shall apply to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of some or all of the provisions, of this section alone, such provisions will not apply to you.

Except as otherwise expressly stipulated in these Terms of Sale, in the event that any provision of these Terms of Sale shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect.

If you believe that your rights are being infringed, please contact us. We respond expeditiously to rights owners and their agents to communicate concerns about any alleged infringement.

Upon receipt of your infringement notice we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, for all of which we hold an unmitigated discretion to execute. Furthermore, by submitting an infringement notice, you grant the Seller the right to use, reproduce, modify, adapt, publish, translate, and display its content throughout the world in any media. This includes forwarding your infringement notice to the parties involved in the provision of the allegedly infringing content. You agree to indemnify the Seller for all claims brought by a third party against the Seller arising out of or in connection with the submission of your infringement notice.

Customs

You agree to comply with all applicable import/export laws and regulations. You agree not to export the Product or allow use of your Account by individuals of situated in a country subject to an embargo or prohibition of any form from the US government, the European Union or NATO. You represent and warrant that you are not located in, under the control of, or a national or resident of any such prohibited country.

When ordering products from the Seller for delivery outside of Australia you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

Model Withdrawal/Cancellation Form

(complete and return this form only if You wish to withdraw from theAgreement)

To Scalefast, Level 4, 17-19 BRIDGE STREET, Sydney, NSW, 2000. privacy@scalefast.com

I/We(1) hereby give notice that

• I/We(1) withdraw from
• My/our(1) contract of sale of the following goods(1)/for the provision of the following service(1)
• Ordered on(1)/received on(1)
• Name of consumer(s)
• Address of consumer(s)
• Date
• Signature of consumer(s) (only if this form is notified on paper)

(1) Delete as appropriate