Terms and Conditions for Online Marketing Campaigns

1.1.These terms and conditions along with our Website Terms and Conditions of Use and Privacy Policy along with any further terms and conditions deemed required by us (collectively “Terms and Conditions”) form the terms and conditions governing your participation in any online marketing promotion (“Promotion”) conducted by MORRIS GROUP AUSTRALIA Pty Ltd trading as Smart User (“us/we”). By participating in a Promotion, you acknowledge and agree that you have read and agree to be bound by the Terms and Conditions.
1.2.You may also accept the Terms and Conditions by clicking to accept or agree to the Terms and Conditions where this option is made available to you by us in the user interface.
2.1.Participants agree to be bound by and comply with the Terms and Conditions at all times.
2.2.Our decision regarding eligibility, or Promotion participation criteria is final and binding.
3.1.We reserve the right in our sole discretion to the fullest extent permitted by law to modify, change, extend, withdraw, remove or cancel a Promotion at any time subject to any directions from any relevant authority, if a Promotion is interfered with in any way or is not capable of being conducted as anticipated due to any reason beyond our reasonable control subject to relevant State or Territory regulations at all times..
3.2.Each Promotion will have a specified Promotion Period at which point the Promotion will expire and no longer be valid. We reserve the right to extend or shorten the Promotion Period at our sole discretion, subject to relevant State or Territory regulations.
4.1.Promotional offers may be subject to eligibility criteria, including but not limited to where a Promotion is linked to the Victorian Energy Upgrades (VEU) program.
4.2.Eligibility criteria may differ or vary between Promotions and a participant must read all Terms and Conditions and eligibility criteria carefully before proceeding.
4.3.Only valid and eligible participants will be accepted to participate in a Promotion. We reserve the right to verify participant eligibility and disqualify/not honour any participant who fails to satisfy the required eligibility criteria at any time, at our sole discretion subject to relevant State or Territory regulations at all times.
4.4.The eligibility criteria for a Promotion will be specified as required in the respective Promotion materials. Factors such as age, location, previous participation, and other relevant considerations may determine eligibility.
4.5.The participant warrants that any information provided to us in the course of completing the eligibility process, online or otherwise, will always be accurate, correct and up to date.
4.6.Entry and continued participation in a Promotion is strictly subject to and dependent on a participant’s compliance at all times with all relevant eligibility criteria and the Terms and Conditions.
5.VEU Program
5.1.We are an accredited provider under the Victorian Energy Upgrades (VEU) program, being a voluntary Victorian government initiative that provides incentives for Victorians to make energy-efficient improvements to their homes and businesses.
5.2.Many of our Promotions are linked to the VEU program in which specific eligibility criteria of participants apply.
5.3.Should a Promotion be linked in anyway to the VEU program, a participant must satisfy all VEU program eligibility requirements prior to being entitled to participate in the Promotion.
5.4.Access to the VEU program and eligibility requirements can be found via the below links:
6.1.We endeavour to display all information correctly, however we reserve the right to correct any errors in respect of a Promotion at any time.
6.2.Unless otherwise specified a Promotion offer cannot be used in conjunction with any other offer.
6.3.We reserve the right to end a Promotion at any time subject to relevant State or Territory regulations.
6.4.To the furthest extent permitted by law, we are not liable for any financial loss arising out of the refusal, cancellation or withdrawal of any Promotion or any failure or inability of a participant to take advantage of a Promotion for any reason.
7.Free Gifts
7.1.Nature and Specifications: any free gift(s) offered as part of a Promotion will be described in the Promotion materials as required. The nature, quantity, specifications, and value of the free gift(s) may vary between Promotions and are subject to availability and while stocks last (subject to extension) with each Promotion offer subject to change.
7.2.Product exclusion: From time-to-time certain products may be excluded from a Promotion and any such exclusion will be notified to participants.
7.3.Distribution: any free gift(s) must be taken as offered and may not be varied. We accept no liability for any variation in the value of the free gift(s) at time of receipt. Free gifts will be distributed to eligible participants as per our Terms and Conditions. We reserve the right to substitute the free gift(s) or any element of it, with an alternative of equal or greater value and specification if unavailable.
7.4.Delivery: We will make reasonable efforts to deliver free gifts to eligible participants within a reasonable timeframe. Delivery times may vary depending on factors such as shipping location and availability of the free gift(s).
7.5.Non-Transferable: Free gifts are non-transferable, non-exchangeable, and non-refundable. Participants may not request cash or any alternative compensation in lieu of the free gift(s).
7.6.Lost or Damaged Gifts: Participants are responsible for providing accurate delivery information to us prior to distributing the free gift(s) We provide no guarantee of the successful delivery of the free gift(s) and we are not liable in any way for any lost, stolen, damaged, or undelivered free gift(s) once they have been dispatched for delivery and the participant indemnifies and holds us forever harmless against any loss or damage incurred 7.6.by the participant should the free gift(s) fail to be received.
7.7.Taxes and Fees: We accept no responsibility for any tax implications relating to the acceptance of any free gift(s). Participants are responsible for any applicable taxes, duties, or other fees associated with receiving the free gift(s) and should seek independent financial advice accordingly. The Participant indemnifies us against any such taxes, duties, or other fees in their entirety.
7.8.Expiry or Validity: Free gifts may have expiry dates or specific validity periods. Participants must redeem or use their free gift(s) within the specified timeframe, as outlined in the relevant Promotion Terms and Conditions. Expired or unused free gifts will not be replaced or compensated.
7.9.Limitation: We reserve the right to limit the number of free gifts available for distribution during a Promotion. Free gifts will be provided on a first-come, first-served basis until the specified limit is reached or stocks run out.
8.1.Where a Promotion for a discount is offered on a particular product up to a stated percentage, the discount given will only be applicable to qualifying products and the percentage of discount given may vary between qualifying products.
8.2.Supplementary charges such as delivery, supply or installation shall not be discounted unless specifically stated in the Promotion.
8.3.Refunds for goods purchased under a promotional offer will be based on the terms of the Promotion price. All participant’s statutory rights remain.
9.Copyright and Intellectual Property
9.1.Our Terms and Conditions in respect of Copyright and Intellectual Property apply at all times to all of our marketing promotional material and are available here.
9.2.By participating in a Promotion, participants grant us the right to use their name, likeness, and any content shared during the Promotion for any future promotional purposes and in any promotional material without further compensation.
10.Data Privacy
10.1.Our Privacy Policy governs the collection, use and disclosure of your personal information by us. The Privacy Policy forms a part of these Terms & Conditions and is available here.
11.Limitation of Liability
11.1.Except for any liability that cannot be excluded by law, we (including our officers, employees and agents) exclude all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of any Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under our control); (b) any theft, unauthorised access or third party interference; (c) any free gift that is late, lost, altered, damaged or misdirected due to any reason beyond our reasonable control; (d) any variation in gift value to that stated in these Terms and Conditions or the Promotion; (e) any tax liability/implications incurred by a claimant; or (f) use of a free gift.
11.2.We nor any of our employees, agents, directors and contractors, or associated entities shall be liable for any loss or claim, action, demand, liability, damage, cost,11.2.expense or personal injury whatsoever (including but not limited to any direct, indirect or consequential loss), incurred, suffered or sustained by any person or entity (without limitation) in connection with, or arising from, the Promotion or acceptance of a free gift, except that which cannot be excluded by law (in which case that liability is limited to the maximum extent allowable by law).
11.3.Any attempt to deliberately undermine the legitimate operation of a Promotion may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, we reserve the right to refer the matter to law enforcement authorities and to seek damages or such other civil remedies as we may determine from time to time to the fullest extent permitted by law.
11.4.Failure by us to enforce any of our rights at any stage does not constitute a waiver of any of our rights.
12.Modification of Terms
12.1.We reserve the right to modify, suspend, or terminate any Promotion or these Terms and Conditions at any time without prior notice, subject to directions from any relevant authority.
13.General Disclaimer
13.1.The participant acknowledges that we do not make any terms, guarantees, warranties, representations or conditions whatsoever regarding any Promotion other than provided for pursuant to these Terms and Conditions.
13.2.Whilst we make every effort to ensure a product or offer is accurately depicted as part of the Promotion, the participant acknowledges that sizes, colours and packaging may differ from what is advertised in the Promotion.
13.3.Nothing in these Terms and Conditions is intended to limit or exclude 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 excluded.
13.4.Entry into a Promotion, or use of the Website, the Purchase Services, and any of the products of us (including the Delivery Services), is at your own risk.
13.5.To the extent permitted by law:
13.5.1.all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms and Conditions are excluded; and.
13.5.2.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 a Promotion, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
In all other respects our Terms and Conditions apply in their entirety.