Terms of Use

By accessing or using this website, you agree to comply with these Terms of Use. If you do not agree, you must stop using the website immediately.

1. Website Purpose

This website is operated by Smart Build Digital, an Australian digital agency providing website development, WordPress development, Shopify development, UI/UX design, AI chatbot systems, social media management, video editing, branding services, marketing services, conversion optimisation, and digital consulting.

2. Acceptable Use

You agree not to use the website unlawfully, attempt unauthorised access, distribute malicious code, disrupt website functionality, scrape or copy content without permission, use automated systems without approval, impersonate another person or business, or misuse contact forms or communication channels.

3. Intellectual Property Rights

All intellectual property on this website is owned by or licensed to Smart Build Digital. This includes logos, website layouts, branding, source code, written content, images, videos, graphics, designs, AI systems, and marketing materials.

You may not reproduce, copy, distribute, modify, or commercially use website content without written permission.

4. Quotes & Services

Quotes are based on agreed project scope, subject to revision where scope changes, provided in Australian Dollars (AUD), and valid only for the stated period. Additional work outside agreed deliverables may incur extra charges.

5. Client Responsibilities

Clients must provide accurate information, supply required materials promptly, ensure they own rights to submitted content, review and approve deliverables, and maintain lawful use of all services. Clients are responsible for content legality and copyright ownership.

6. Payments

Invoices must be paid within the specified payment terms. Late or unpaid invoices may result in suspension of services, website restrictions, delayed project delivery, or debt recovery action. Payment processing may involve third-party providers.

7. AI Systems & Automation

Our services may include AI-generated tools, chatbots, automations, and content systems. We do not guarantee perfect AI accuracy, error-free responses, continuous AI availability, or specific business outcomes. Users should independently verify all AI-generated information.

8. Third-Party Platforms

We may integrate services provided by third parties including Google, Meta, TikTok, Shopify, WordPress, payment gateways, hosting providers, analytics platforms, and plugins. We are not liable for third-party outages, policy changes, suspensions, or failures.

9. Website Availability

We aim to maintain continuous website operation but do not guarantee uninterrupted access. The website may experience maintenance downtime, technical failures, cybersecurity incidents, or connectivity interruptions.

10. Limitation of Liability

To the maximum extent permitted under Australian law, Smart Build Digital is not liable for indirect or consequential loss, lost profits or revenue, data loss, business interruption, marketing performance issues, AI-generated inaccuracies, or website downtime.

Our liability is limited to the amount paid for the specific services giving rise to the claim. Nothing excludes consumer rights under Australian Consumer Law.

11. Consumer Guarantees

Where required by law, our services include consumer guarantees under the Australian Consumer Law. You may be entitled to remedies including repair, replacement, refund, or compensation.

12. Termination

We may suspend or terminate access where users breach these Terms, engage in unlawful conduct, abuse systems or services, or threaten website security. Termination does not remove outstanding payment obligations.

13. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes shall be handled within the courts of Victoria.

14. Changes to Terms

We may update these Terms at any time. Continued use of the website constitutes acceptance of updated terms.