TERMS OF SERVICE
About the Website
Welcome to schmicko.com.au (the “Website”). The Website is owned and operated by Schmicko Pty Ltd (ACN 628 151 486) (“Schmicko”). Thank you for using Schmicko services.
Schmicko offers an on-demand booking platform for mobile car & boat care Services (our “Services”).
Please read this Agreement carefully to ensure that you understand each provision. This Agreement contains a mandatory dispute resolution clause.
These Terms may be updated by us at any time, and by continuing to use the Website, you accept the Terms as they apply from time to time. Any changes to the Terms take immediate effect from the date of their publication on our Website.
For the purposes of these Terms, any reference to “Schmicko”, “we”, “our”, or “us” means Schmicko Pty Ltd (ACN 628 151 486) and any reference to “you” or “your” means a User of our Website.
Acceptance of the Terms
In order to access the Services, you may also be required to register for an account through the Website (the ‘User Account’).
(c) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
If your Registration Data changes, you must promptly update your Account to reflect those changes.
(d) You warrant that any information you give to us while completing the registration process will always be accurate, correct and up to date.
(e) You must not impersonate, misrepresent your identity, or imitate any person when registering for a User Account.
(f) Once you have completed the registration process, you will be a registered member of the Website and agree to be bound by the Terms.
You may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with us or you are a person barred from receiving the Services under the laws of Australia.
Admin means any person authorised to transact on behalf of Schmicko;
Content means any advertising and promotional material including (without limitation) text, graphics, trademarks, copyright material, website material, documents, articles, news, newsletters, posts, commentaries, data, photographs, pictures, graphic works, video, images, scripts, software, or files.
Intellectual Property Rights means all rights resulting from intellectual activity whether capable of protection by statute, common law or in equity anywhere in the world whether registered or unregistered, including copyright, discoveries, inventions, moral rights, patent rights, trademarks. Design rights, circuit layouts, plant varieties, know-how, trade secrets, the right to have confidential information kept confidential and all rights and interests of a like nature, together with any and all documentation relating to such rights and interests, and any right of registration of such rights and interests.
User Account means the account details registered by the User to access the Website.
Who may use our Services?
As a condition of your use of our Services you warrant that:
you can form a binding contract with Schmicko, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
you are over the age of 17; and
you are not a User previously removed from the system by Schmicko.
We retain the right in our sole discretion to deny anyone access to this Website if you do not comply with our Terms.
As part of our Services, you may order, and Schmicko’s representatives may provide, but not limited to, vehicle, marine, automotive-related services, car wash and detailing Services for your vehicle. For any other products or services, we offer on our website, please refer to the warranties (if any, listed on our Website and below).
Schmicko uses reasonable efforts to ensure that the wash will be provided in a professional and satisfactory manner. You understand and agree, however, that Schmicko does not guarantee that your service will be performed to meet any applicable industry or professional standards. Due to varying conditions a vehicle/vessel may be presented in, Schmicko cannot guarantee to meet the desired preference/expectation of the customer.
Potential risks of window tinting installations that the customer must accept as possible outcomes include, but not limited to, the removal of the aerial/demister grid lines when removing the rear window tinting due to a poorly installed previous tint or the existence of minor bubbles, which are inevitable as no tint installation can guarantee a 100% dust-free service despite adequate cleaning procedures being actioned.
You agree that time slots are estimates and completion times will vary depending on the condition of your vehicle. In addition to the latter, the price of Services performed may be subjected but not limited to change depending on the state of your vehicle and the customer’s desired preference (prices are all correct as of the date advertised on our Website). Arrival times may be subjected to delay due to but not limited to, prior bookings requiring additional time, traffic and so on.
Services offered, will not include the removal of any parts such as, but not limited to the removal of seats, door panels, spare tyre section, underneath the carpet and so on. Services will only be performed on the areas as advertised in our packages on the website. Any additional parts that require cleaning will either not be cleaned eg. Adding extra car mats, additional boot lining, car seat covers and so on. Warranty for window tinting services must be communicated and addressed between the customer and installer and not with Schmicko. Services do not include the cleaning of the driveway or floor surface although Representatives will take utmost care to keep the area clean in a condition to where it was presented just prior to our service. With the exception of Roof Lining Repairs/Replacement, the roof lining will be removed.
Extras and add-ons may be added to each booking for a more customised option and can be stacked to provide additional time. Eg. A Gold Mini Detail Package includes an upholstery seat shampoo, but additional time and passes can be purchased by adding the upholstery seat shampoo extra again.
You understand and agree that due to dangerous/poor weather conditions (for example, rain/hail), we and our representatives reserve the right to reschedule or postpone your booking.
Our representatives reserve the right to refuse to service a particular area of the vehicle that is prone to damage as it is already tampered/damaged e.g., broken, or dislodged air vent and so on as to avoid further damage.
If the customer wishes for the Provider not to perform or use certain chemicals or processes e.g. deodoriser, plastic dressings, or engine bay rinse, it is their responsibility to inform both Schmicko prior to the booking and the Provider on the day. Otherwise, services will be performed as specified on our website. It is the responsibility of the Customer to understand the health implications with the chemicals and procedures that we use e.g. if you are allergic to a certain chemical, we need to be informed.
You hereby acknowledge and agree that Schmicko’s total liability to you for any actual or alleged damages arising out of or related to this Agreement (including, without limitation, actual or alleged damages to your vehicle resulting from a wash performed by Schmicko’s representatives or your interactions with a Schmicko representative) will be as is set forth in the Limitation of Liability section below.
By providing your signature, you are providing further confirmation that the Service was completed to satisfaction.
If you choose to make a reservation for our Services, then you must:
verify the location of your vehicle before submitting a car wash reservation;
ensure that the Services are available at your location;
leave your vehicle in a public location where a Schmicko representative is authorised to enter and perform the car wash; and
ensure that there is at least a two (2) foot perimeter around all sides of your car to allow Schmicko representatives to perform the car wash.
You understand that it is your responsibility to remove all valuables from your vehicle before our representative arrives to wash your car. You also understand that you should exercise reasonable judgment in locking your car doors before leaving your vehicle unattended in a public location. You agree that it is the responsibility of the customer to have their vehicle parked in the allocated car wash spot, not the detailer.
It is your responsibility to ensure that you inform the representative washing your vehicle vessel of any defects or circumstances that are not suitable for specific tasks (for example, washing the engine bay) we carry out as advertised in the packages advertised on our Website (“Website Packages”). You agree that our representatives only carry out the tasks advertised on our Website Packages. For “Engine Bay Rinses”, you accept that our representative will only carry this task out on your request, and you accept the performance of this Service at your sole risk of any damage or loss to your car.
If your car or any part of it is already damaged or partially damaged or contains any defects you agree to release and hold us harmless from any damage, aligned expectation, or loss to your car through the performance of our Services. For any specific or unusual tasks, our representatives reserve the right not to perform certain tasks where there is a risk of damaging the specific item or car part that needs cleaning (for example, pollutants, sand or grass deeply imbedded in car mats where cleaning may result in the shredding of the mat fabric; where there is staining in the roof lining and the application of shampoo or pressure may result in destroying or weakening any existing glue adhesiveness so that your car roof sags). You accept that we can minimise stains but do not guarantee the complete removal of any stains or smells and that our representatives have the right to not undertake certain tasks where there is a risk of damage or loss to your car.
In order to replace the roof liner in our Roof Lining Repair Service, surrounding support components must be removed prior to access the roof lining. Although a rare occurrence, this repair service entails the potential risk of breakage/damage as older car models tend to become brittle over time.
Due to the nature of the service, Schmicko will not be liable for damages during the roof lining repair service for vehicles older than the age of 10 years eg. (2010 and older).
Not all demister bars and antennas are manufactured and installed perfectly, and due to this, there can never be a 100% guarantee that damage will not occur. Our processes are designed to minimise the possible damage.
Removal of signage/decals/stickers from the vehicle can cause discolouration. To alleviate the discrepancy, a machine buff can be used to level the paintwork but cannot guarantee 100% blending with areas covered and not covered by the signage.
Though Schmicko strives for perfection in our tint installations, due to the nature of the product and environment, some degree of dust contamination/specks and or minor imperfections can be present in every window film application, also pre-existing flaws or scratches and metal deposits on the glass are often much more noticeable after the windows are tinted. The level of contamination will determine the need for replacement on a case-by-case basis.
You accept that we and our representatives have the right to cancel or reschedule our Services and charge you a cancellation fee if the location for servicing your car is unsafe or inaccessible or if you are not present or there are no required access points such as power and water.
Car and Boat Care Cancellation Policy
1) Bookings rescheduled or cancelled within 24 hours will incur a $50 fee
2) Bookings cancelled when the technician has already arrived on site will have the full amount charged and non-refundable.
3) Bookings rescheduled when the technician has already arrived will incur a $50 late fee and will require the next booking to be scheduled in the system.
Window Tinting Cancellation Policy
1) Bookings cancelled within a 7-day notice will incur a $50 cancellation fee
2) Bookings needing to be rescheduled, must be arranged with at least 3 days’ notice to avoid a late rescheduling $50 fee.
3) Bookings cancelled when the technician has already arrived on site will have the full amount charged and non-refundable.
4) Bookings rescheduled when the technician has already arrived will incur a $50 fee and will require the next booking to be scheduled in the system – otherwise the full amount will be charged and non-refundable
You agree that after you have performed a final inspection and/or provided your signature after the supply of the Services, that you have accepted the supply of the Services and have no further claims. By taking delivery of your car, you are deemed to have accepted the car in its condition.
Failure to adhere to your obligations hereunder may result in our inability to provide you with our Services and therefore you will be billed a cancellation fee.
In no event will Schmicko be liable to you or any third party for any alleged or actual damages or losses resulting directly or indirectly from your failure to adhere to your obligations under this Agreement.
Warranty for services such as tinting will need to be followed up with the Tinting technician. Based on the tint manufacturer’s warranty, it is warranted against peeling, bubbling, cracking, de-metallising and discolouring for as long as you own your car. Your warranty is not transferable and is limited to the replacement of film and associated labour costs. This warranty does not cover film damaged by scratching, glass failure, glass breakage, leakage glass, film which has been subjected to mistreatment, abuse, improper care, film which has had stickers applied, suction cups, or similar are attached. This warranty does not cover any consequential loss however caused. All warranties implied by statute which can be excluded are excluded. Proof of purchase and current ownership will be required when making a claim.
For more information about our car wash Services, please review our Services Page.
Schmicko User Accounts
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account. You must notify Schmicko immediately of any breach of security or unauthorised use of your account. Schmicko will not be liable for any losses caused by any unauthorised use of your account.
By providing Schmicko with your email address you consent to our using of the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
Online and Mobile Services Rules
Acceptable use of the online and mobile Services
You agree not to engage in any of the following prohibited activities:
copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”;
using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the Schmicko servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Schmicko grants the operators of public search engines revocable permission to use spiders to copy materials from Schmicko.com.au for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
transmitting spam, chain letters, or other unsolicited emails.
attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services.
taking any action that imposes or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure.
uploading invalid data, viruses, worms, or other software agents through the Services.
collecting or harvesting any personally identifiable information, including account names, from the Services.
using the Services for any commercial solicitation purposes.
impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding, or attempting to hide your identity.
interfering with the proper working of the Services.
accessing any Content on the Services through any technology or means other than those provided or authorised by the Services; or
bypassing the measures, we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any Content or enforce limitations on use of the Services or the Content therein.
Changes to the Services
We may, without prior notice, change the Services, stop providing the Services or features of the Services, to you or to Users generally or create usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Your use of the Website
You must not engage in potentially harmful acts that are directed against our Website. You must not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website. You must not scan or test the Website by hacking, password mining or any other illegitimate actions attempting to violate any security features of the Website. You must not use the software, scripts, robots, spiders, viruses, worms, Trojan horses or other harmful code on our Website or network. You agree not to use any device or software to interfere with the functionality of our Website. You must not scrape, robot or use spiders to copy any portion of the Website or the Content contained within it.
End-User License Grant
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use our online Services for your personal, non-commercial use only and as permitted by the features of the Services. Schmicko reserves all rights not expressly granted herein in the Services and the Website Content. Schmicko may terminate this license at any time for any reason or no reason.
Our Proprietary Rights
Our online Services, including all Website Content, and all Intellectual Property Rights related thereto, are the exclusive property of Schmicko and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, claim, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Website Content. Use of the Website Content for any purpose not expressly permitted by this Agreement is strictly prohibited. Ideas. You may choose to, or we may invite you to, submit comments or ideas about the Services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Schmicko under any fiduciary or other obligation and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Schmicko does not waive any rights to use similar or related ideas previously known to Schmicko, or developed by its employees, or obtained from sources other than you.
Bookings and Payment Terms
Bookings can be made through our Website located at www.schmicko.com.au or otherwise by contacting the Schmicko team at the contact details on our Website.
If you elect to purchase a car wash on or through our online, over the phone, or mobile Services, you agree to pay the amount presented on the billing screen and as set forth on our website/confirmation email. Schmicko may add new Services for additional fees and charges, or amend fees and charges for existing Services, at any time in its sole discretion. You agree that our representatives reserve the right to propose new fees and charges for the Services or increase these if the condition of your car warrants (for example, your car is very dirty or requires additional time to complete the Services because of any specific or unusual circumstances). Schmicko will bill your credit card once your car wash is complete when the representative has left your location.
Cancellation & Late Arrival Policy
You may cancel your (excluding tint bookings) reservation at any time before 5pm the previous day of the booked appointment by contacting Admin at the contact details on our Website. Reservations cannot be cancelled once the Schmicko representative arrives to your destination.
If a Services is cancelled within 24 hours of the booked appointment, the customer may be charged up to 50% of the booking total, with a minimum cancellation fee of $50.
If you as a customer is not at the booked location on time, you may be charged the cancellation callout fee. It is always recommended that you contact Admin if you have any concerns regarding your arrival time or any unexpected circumstances.
Hazardous Conditions Policy
If your property is deemed a hazardous cleaning situation that goes over and above our normal cleaning environment included in our car wash packages, our car wash professionals have the right to walk away. Upon such Services, you will be charged a $50 booking fee due to holding your space in our schedule. Hazardous conditions may include, but not limited to, human/pet waste/fluids, sharp objects, weapons, broken glass, insect infestations, toxic spills and so on.
We process refunds in accordance with the Australian Consumer Law. Except as required by law, any fees paid by you are final and non-refundable.
You may reject the Services if you consider that the Services are unsatisfactory or fail to comply with the statutory guarantees under the Australian Consumer Law.
We will only facilitate a refund in accordance with the Australian Consumer Law, or, if we determine, in our absolute discretion, it is reasonable to do so.
Payment Information and Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. All payments for our Services are in Australian Dollars (AUD). We will be entitled to add on GST for the supply of our Services.
Schmicko cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
You agree to defend, indemnify and hold harmless Schmicko and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
your breach of any of these Terms;
your willful, reckless or negligent act;
personal injury to any person caused or contributed to by you;
your act or omission and constitutes a loss of or damage to property;
any third-party claim in respect of personal injury, death or damage to third-party property arising from your act or omission;
your use of and access to the Services, including any car wash Services received by you and performed by Schmicko representatives;
any alleged or actual loss or damage to property (including your vehicle), resulting from the performance of the Services hereunder (including the car wash, boat detailing and tinting Services);
your violation of any term of this Agreement, including without limitation your breach of any of the obligations, representations and warranties above;
your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
your violation of any applicable law, rule or regulation; and
any other party’s access and use of the Services with your unique username, password or other appropriate security code.
Representations and Warranties
To the maximum extent permitted by applicable law, Schmicko does not warrant, endorse, guarantee, or assume responsibility for the Services hereunder, including the car and boat care Services performed by Schmicko’s representatives, or any losses or damages that may result therefrom the Services, including our car wash, tinting and boat care services, are provided to you on an “as is” and “as available” basis.
Use of the Services is at your own risk. To the maximum extent permitted by applicable law, the Services is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, workmanlike quality, or non-infringement.
Without limiting the foregoing, Schmicko, its subsidiaries, and its licensors do not warrant:
that the Services is accurate, reliable or correct;
that the Services will meet your requirements; or
that the Services will be available at any particular time or location, uninterrupted or secure.
Any Content downloaded or otherwise obtained through the use of the Services is at your own risk and you will be solely responsible for any loss or damage through such use.
All information provided by us on this Website pursuant to these Terms is provided in good faith. You accept that any information provided by us is general information only. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update, change, modify, add or remove these Terms at any time.
We do not warrant that product or services descriptions, or other Content on this Website is accurate, complete, reliable, current, or error-free. In addition, we do not make any representations or warranties that the information we provide is reliable, accurate or complete or that your access to the information, products or services on our Website will be uninterrupted, timely or secure.
We are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by us. You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you on our Website or pursuant to our information service. It shall be your own responsibility to ensure that any products or services or information offered through this Website meet your specific requirements.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Schmicko, its affiliates, agents, directors, employees, representatives, suppliers, contractors, or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Services, including the car washes performed by Schmicko’s representatives. Under no circumstances will Schmicko be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the Services or your account or the information contained therein.
To the maximum extent permitted by applicable law, Schmicko assumes no liability or responsibility for any:
errors, mistakes, or inaccuracies of content.
(personal injury or property damage, of any nature whatsoever, resulting from our Services, including the wash Services performed by our representatives.
the acts or omissions of our employees, contractors, or representatives performing Services on our behalf.
any unauthorised access to or use of our secure servers and/or any and all personal information stored therein.
any delay in the Services, including a delay of Schmicko’s representatives in performing services.
the failure of Schmicko’s representatives to perform the Services;
any bugs, viruses, trojan horses, or the like that may be transmitted to or through our online or mobile Services by any third party.
any errors or omissions in any Content or for any loss or damage incurred because of the use of any Content posted, emailed, transmitted, or otherwise made available through the Services; and/or
User Content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Schmicko, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amounts you paid to Schmicko in the last 12 months hereunder or $100.00, whichever is greater.
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Schmicko has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. this agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.
The Services is controlled and operated from its facilities in Australia. Schmicko makes no representations that the Services is appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Australia and local laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in Australia.
Our Copyright and Intellectual Property
The Intellectual Property Rights in or related to the platform or any of its documentation vest in Schmicko or Schmicko has the right to use the Intellectual Property Rights.
The Website and all of the related products and services of Schmicko are subject to copyright protection. 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 Website Content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) are owned or controlled by Schmicko or its contributors. You may not, without the prior written permission of Schmicko and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content for any purpose. Schmicko retains all rights, title and interest in and to the Website and all related Content and our platform. The Website or any part of it (including, without limitation, any content or images) must not be copied, reproduced, adapted, publicly displayed, duplicated, translated or distributed in any way (including mirroring) to any other device, server, site or other media for publication or distribution, without our express prior written consent.
The Intellectual Property in our Content including any trademarks, service marks, trade names and any other proprietary designations are owned, registered or licensed by us. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or property of the respective parties. Your obligations under this clause survive termination or expiry of these Terms.
Governing Law and Arbitration
You agree that:
the Services shall be deemed solely based in New South Wales; and
the Services shall be deemed a passive one that does not give rise to personal jurisdiction over Schmicko, either specific or general, in jurisdictions other than New South Wales.
This Agreement shall be governed by the internal substantive laws of New South Wales, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a state court located in New South Wales, for any actions for which we retain the right to seek injunctive or other equitable relief, as set forth in the Arbitration provision below.
For any dispute with Schmicko, you agree to first contact us at email@example.com attempt to resolve the dispute with us informally. In the unlikely event that Schmicko has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Schmicko claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration in New South Wales.
Unless you and Schmicko agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any arbitration filing, administrative and arbitrator fees.
The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights.
All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims.
You agree that, by entering into this agreement, you and Schmicko are each waiving the right to a trial by jury or to participate in a class action.
To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of this Website and our Services. This exclusion includes without limitation:
the completeness, truth, suitability, quality or accuracy of the information or product and service descriptions published on our Website (including third-party material and advertisements);
that the information on the Website is up to date; or
any product or service or the Website will remain available.
We take no responsibility for any error or omission relating to the material published on this Website. You expressly understand and agree that we, our affiliates, employees, agents, contributors 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 by any information on the Website and any decisions based on such information are your sole responsibility.
This Agreement, and any rights and licenses granted hereunder, may not be transferred, or assigned by you but may be assigned by Schmicko without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Notification Procedures and Changes to the Agreement
Schmicko may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Schmicko in our sole discretion. Schmicko reserves the right to determine the form and means of providing notifications to our Users may opt-out of certain means of notification as described in this Agreement. Schmicko is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Schmicko may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Services after any such change constitutes your acceptance of the new Terms of Services. If you do not agree to any of these Terms or any future Terms of Services, do not use or access (or continue to access) the Services.
This Agreement, together with any amendments and any additional agreements you may enter with Schmicko in connection with the Services, shall constitute the entire agreement between you and Schmicko concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Schmicko’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
This Website is owned and operated by Schmicko Pty Ltd (ACN 628 151 486)
You can contact us:
by telephone, on the contact number published on our Website from time to time;
by email, using the email at firstname.lastname@example.org time to time.
by live chat on our website
© 2019 Schmicko Pty Ltd. All Rights Reserved.