Terms of Use

Welcome to the Smartypants Toys website. This page describes the terms and conditions for using the Website of Smart Toys Trading Pty Ltd displayed at the URL www.smartypantstoys.com.au ("the Website").

By using the Website you agree that your use of the Website is subject to these Terms of Use. Please read them carefully. Smart Toys Trading may from time to time amend these Terms of Use without prior notice. You are deemed to have assented to any changes when using this Website. This version was last updated October 2016.

At Smart Toys Trading, (referred to below as "we/us/our"), we are deeply aware of the importance of your personal information. We will handle and thoroughly protect all personal information that you provide to us, according to the Privacy Policy. For information on the Smart Toys Trading policy on handling personal information, please see the Privacy Policy.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1. Information

Smart Toys Trading makes no warranty as to the accuracy, up-to-datedness, utility, or other qualities of the information contained on the Website. Additionally, Smart Toys Trading may add to, modify, correct, or delete the information on the Website, or suspend or cease the public availability thereof or the like, at its own discretion and without prior notice.

Smart Toys Trading accepts no liability for any damages suffered as a result of any additions, modifications, corrections, or deletions of the information on the Website, or the suspension or ceasing of public availability thereto, or the like. The above exclusion of liability shall not apply to the extent the relevant laws may deny such exclusion. In such case Smart Toys Trading shall be liable to such extent as the laws require.

2. Disclaimers

Whilst Smart Toys Trading has no reason to believe that any information contained on the Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep the Website updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on the Website.

Features and specifications of products and services described or depicted on, or available for purchase through, the Site are subject to change without notice. Information on the Site has been prepared in accordance with Australian law and may not satisfy the laws of any other country.

Smart Toys Trading assumes no responsibility, and shall not be liable, for any damage to your computer equipment or other property due to your access to, or use of the Site or your downloading of any material from the Site.

Smart Toys Trading assumes no responsibility, and shall not be liable, for any interruptions or errors in access to the Site or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the Site.

Smart Toys Trading is not liable for any loss suffered by you in connection with the unavailability of this Website and/or the use of this Website or any linked Website, including any indirect, consequential or special damages and any loss of revenue, loss of profits, loss of goodwill, loss of business opportunity, loss of reputation, loss of goodwill, business interruption or loss of data or information.

We assume no liability for any losses or damages incurred by you directly or indirectly other results of your access to the Website.

3. Copyright

Unless specifically stated, Smart Toys Trading or one of its affiliates owns the copyrights to all documents, images, video, audio, programs, and other materials ("the Materials") provided on the Website, and these copyrights are protected by the copyright laws, treaties, and other laws of each country.

You may view or print the Materials for your own personal, non-commercial use. Any other use or action (including copying, alteration, parsing, public transmission, transfer, loan/lease, licensing, or any commercial use) is prohibited without the prior written consent of Smart Toys Trading.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, without express written permission by us.

4. Trademarks

All Smartypants Toys trademarks, logos, names of Smart Toys Trading products, service marks, and the like on the Websites are the property of Smart Toys Trading or one of its affiliates. All other names of products and companies are in general property of their respective companies. You must obtain written consent from Smart Toys Trading before using any Smartypants Toys logo mark.

5. Linking to the Website

Please contact us through our contact us form if you would like to link to the Website. Note that we do not allow links from the following types of sites:

  • Sites prejudicial to public order and standards of public decency
  • Sites that could slander or defame specific individuals or groups
  • Sites that charge users for access to the Websites through linking
  • Sites that could damage the credibility or trust of Smart Toys Trading
  • Such other sites as Smart Toys Trading may find to be inappropriate

Even if you are given permission to link to the Website, Smart Toys Trading may cancel that permission if it deems that the link is inappropriate, due to any subsequent circumstances.

6. Third Party Websites

Any 3rd party websites linked from the Website are managed and operated under the responsibility of their respective corporations or individuals. They are not under the control of Smart Toys Trading. Smart Toys Trading will not be liable to you, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered as a result of your use of such websites. Please use any website linked from the Website at your own risk. It is your responsibility to read and understand the terms and conditions applicable to any such websites. 

Smart Toys Trading provides the links to these websites "as-is" and "as-available" for your convenience only, and such links do not indicate that we encourage or endorse the use of those websites or any products or services provided for therein. Furthermore, such links do not necessarily mean that there is any affiliation, cooperation, or other special relationship between Smart Toys Trading and the corporations/individuals managing/operating those websites.

Smart Toys Trading will not be liable to you, or any other person, for any loss, damage, cost, expense, liability or inconvenience incurred, paid or suffered as a result of your use of such websites.

7. Cookies

Some pages on these Websites use a technology called Cookies*. You may make your browser reject Cookies. However, in this case, you may not be able to use some or all of the services on this Website.

* "Cookies" are a small text file sent to you from a Web server, and saved on your computer's hard disk or other storage device by your browser. Since the Web server can identify your computer which received the Cookies we have sent, it allows the Web server to offer you information tailored to you.

8. Products or Services

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

Prices for our products are subject to change without notice.

9. Handling of Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

If at some point during your visit to the Website, you place an order, take part in a promotion, download documents or other software, or if you choose to contact us for some reason, we may ask for personal information such as your name, address, and e-mail address.

When you submit personal information to us, you also may choose to be notified by e-mail about additional products and services offered by Smart Toys Trading. All reasonable steps are taken to protect any personal information we hold form misuse and loss and from unauthorised access, modification or disclosure.

If you do not wish to receive updates on our products and services, you are able to remove your details from our subscription list via our website.

If you register details of yourself (“User Details”) in order to purchase, access particular areas or features of the Website (such as Account), it is your responsibility to provide accurate and appropriate details and to keep any passwords confidential.

  • You are solely responsible for all activities that occur using your User Details
  • Smart Toys Trading is entitled to act on instructions received under your User Details, and you release Smart Toys Trading from any liability arising from any such action.

10. User Comments, Feedback, Ideas and other Submisions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

In order to avoid any trouble relating to Intellectual Property Rights, Smart Toys Trading is not obligated to accept or consider any unsolicited information or ideas about technologies, products, services, designs or business from the public ("Idea") through this Website or otherwise. Nonetheless, if you send Smart Toys Trading an Idea, Smart Toys Trading shall deem that you have waived all rights of your Idea and you have agreed that Smart Toys Trading is free to use your Idea.

Smart Toys Trading shall be under no obligation to review, evaluate, or adopt your Idea, nor shall Smart Toys Trading be under obligation to keep your Idea confidential. Also, Smart Toys Trading shall not be responsible for any payment of compensation or similarities between your Idea and future Smart Toys Trading products or activities. Please note that Smart Toys Trading has no obligation to reply to your submission of Idea.

11. User Contributions

Certain areas of the Website may permit you to submit text, data, photographs, graphics, video or other materials (each a “User Contribution”). We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

By submitting a User Contribution, you represent and warrant that:

  • you own all rights in your User Contribution;
  • Your User Contribution does not infringe: the copyright, trademark, patent, trade secret or other intellectual property rights; privacy rights; or any other legal or moral rights of any third party;
  • Any information contained in your User Contribution is not known by you to be false, inaccurate or misleading;
  • Your User Contribution does not violate any law;
  • Your User Contribution is not, and would not reasonably be considered to be: defamatory, libellous or hateful; racially, ethnically, religiously or otherwise biased or offensive; unlawfully threatening or harassing to any individual, partnership or corporation; vulgar, pornographic or obscene;
  • Your User Contribution does not contain any viruses, worms, spyware, adware or other potentially damaging programs or files;
  • Your User Contribution does not contain or constitute any unsolicited advertising
  • You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
  • You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

By submitting a User Contribution, (subject to any express written statement by Smart Toys Trading to the contrary):

  • You grant to Smart Toys Trading a perpetual, irrevocable, royalty-free, transferable, non-exclusive, worldwide license (with rights to sub-license) to use, reproduce, modify, adapt, publish and publish your User Contribution, in whole or in part, in any format or medium, in any manner and for any purpose that Smart Toys Trading deems appropriate in its sole discretion (including, without limitation, commercial purposes such as advertising and promotion); and
  • You agree that Smart Toys Trading may elect (on particular occasions, or always) not to attribute your authorship of your User Contribution in accordance with the moral rights provisions of the Copyright Act 1968.
  • Smart Toys Trading does not guarantee that you will have recourse through Smart Toys Trading to edit or delete any content you have submitted. However, Smart Toys Trading reserves the right to refuse to post or remove any User Contribution for any reason.
  • You understand and agree that your User Contribution will not be subject to any obligation of confidence on the part of Smart Toys Trading.
  • By submitting your email address in connection with any User Contribution, you agree that Smart Toys Trading and/or its third party service providers may use your email address to contact you about your User Contribution or for other related administrative purposes.

12. Governing Law and Jurisdiction

These Terms of Use are governed by the laws of Victoria, Australia. Any disputes arising in connection with these Terms of Use are subject to the exclusive jurisdiction of the courts of Victoria, Australia. Smart Toys Trading makes no representation or warranty that the content of this website complies with the laws of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access this website.

13. Questions or Comments about this Page

Questions about the Terms of Use should be sent to us at info@smartypantstoys.com.au