Terms & Conditions
Last Updated on July 19, 2019
Terms & Conditions
Last Updated on July 19, 2019
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND BEFORE ACCESSING, USING, SUBSCRIBING, OR PLACING AN ORDER WITH Smart Plus Enterprise Pty Ltd (trading as [Smart Plus Homes], [Smart Plus Design] and [Smart Plus Academy], ABN: 54 535 597944) referred in this document as (“SPE”). THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.

If you do not agree to these terms and conditions in their entirety, you are not authorized to use the services offered by SPE nor the use of SPE websites any manner or form whatsoever.

The SPH websites are as follows:
• www.smartplushomes.com.au
• www.smartplushome.com.au,
• www.smartplusdesign.com.au,
• www.smartplusacademy.com.au,
• www.smartplusacademyonline.com.au,
• www.smartplushomes.com,
• www.smartplusdesign.com AND
• www.smartplusacademyonline.com,
collectively (“SP websites”).

THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS TOGETHER WITH OUR PRIVACY POLICY FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND SPE. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE SP WEBSITES AND THE SERVICES PROVIDED BY SPE, ANY ORDER YOU PLACE THROUGH THE SP WEBSITES, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE SP WEBSITES.
SPE reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our SP websites. It is your responsibility to check this page periodically for changes. Use of the SP websites after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current SP websites shall also be subject to the Terms.

SECTION 1 - WEBSITE USE
The SP websites is intended for businesses operated by adults. If you use the SP websites, you are confirming that you are at least 18 years old or the legal age of majority in your location of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Terms & Conditions and understand and agree to its terms.

SECTION 2 - WEBSITE USER CONDUCT AND RESTRICTIONS-LICENSE TERMS
All aspects of our SP websites are protected copyright, trademark, and other intellectual property laws, including all content. No material on the SP websites may be copied.

SECTION 3 - OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the SP websites is governed by our Privacy Policy. Our Privacy Policy may be viewed at https://smartplushomes.com.au/disclaimer/privacy-statement-collection-notice.
SPE reserves the right to modify its Privacy Policy in its reasonable discretion from time-to-time. Our Privacy Policy is incorporated into this Agreement by reference.

SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; PASSWORDS;
As a SPE website user, you maid be required to create an account with SPE. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your SPE user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to, SPE under your user account. You agree to immediately notify SPE of any unauthorized use of your password or user name or any other breach of security related to your user account. You agree that SPE is not liable, and you will hold SPE harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations.

SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE
If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at support@SPE.com in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.
All advertised prices are in, and all payments shall be in, AUS Dollars.
SECTION 6 - ENROLMET AND CANCELATIONS
By enrolling in this Course, Seminar, Webinars and other Events (“SP Events”) with SPE, you are agreeing to abide by the policies, procedures and regulations of SPE and the class location. This includes an agreement with the refund policy stated below, and agreement to your personal information being disclosed in accordance with SPE’s Privacy Collection Statement, viewable at https://smartplushomes.com.au/disclaimer/privacy-statement-collection-notice.
You are also providing confirmation that the information you have provided to enrol, is complete and correct.
SPE can change the monthly membership subscription rate at any time. If the membership subscription rate changes after you subscribe, we will notify you by e-mail and give you an opportunity to cancel.
For cancellation, we require at least ten (10) days’ notice of cancellation by e-mail.
In the case of a monthly subscription, if you provide such notice less than ten (10) days before the first day of your next subscription month, your credit card may still be charged. You will not be entitled to pro-rate your last month’s use, nor will you be entitled to any refund for any payments to SPE.
SP Events cancellation by SPE reserves the right to cancel a scheduled SP Events. In the incident of a cancellation, students will be notified two days before the scheduled start date. SP Events are subject to sufficient enrolment numbers. SPE makes every effort to ensure that information is correct at the time of publication, but reserves the right to change or postpone SP Events s, and to alter schedules, locations, fees and teachers due to unforeseen circumstances. Where a SP Events is cancelled by SPE, a full refund will be issued. Processing of all withdrawal and course cancellation refunds takes a minimum of fifteen (15) working days. Refunds will be made directly to the payee.
SECTION 7 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
SPE reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.
Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the SP websites, you authorize SPE to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of SPE services, and unless you terminate your subscription as provided herein, you agree that SPE may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you.
SPE takes reasonable steps in an effort to insure that the prices set forth on the SP websites are correct, and to accurately describe and display the items available on the SP websites. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
When ordering products or services, please note that SPE does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except described differently in this agreement.
SECTION 8 - PHHOTOGRAPHES, FILIMG AND RECORDING
Please be aware that a photographer and filming team from or commissioned by SPE maid be taking photographs and film the event. Online event will be recorded. The photographs, films and recordings may be published, transmitted or broadcast and may be circulated to the press and other broadcast media and Internet websites for publication, transmission or broadcast.
SECTION 9 – REFUND POLICY OF COURSES
A course is over 4 hours in total.
Fee refunds will only be issued if a course withdrawal request is received at least forty-five (45) days prior to the date of course commencement. A $50 administration fee will be charged. No refunds will be issued for withdrawal requests received after this time. Course transfers: Students wishing to transfer to a future start date of the same course will be accepted if a request is received at least thirty (30) days prior to the date of course commencement, and providing a suitable future course offering is available.
Refunds will be made directly to the payee.
SECTION 10 – PASSIVE HOUSE COURSES
By schedule and financial necessity, the courses are not meant to produce fully formed Passive House professionals, but rather form a foundation of knowledge that the professional can then take and build on with a lifetime of learning. This is a nine day intensive course, in the basic building science and learning objectives which provides specific knowledge to prepare for the Certified Passive House Designer or Consultant examination and working as a Passive House Designer or Consultant.
SECTION 11 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
SPE is pleased to hear from users and customers and welcomes your comments regarding our services and products. SPE may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to SPE’ services or products, in printed and online media, as SPE determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you and your business may have using our services or products.
Anything that you submit or post to the SP websites and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions.
Additionally, SPE reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. SPE shall be under no obligation to use any, or any part of, any testimonial or product review submitted.
SECTION 12 - DISCLAIMER
Smart Plus Enterprise Pty Ltd (trading as [Smart Plus Homes], [Smart Plus Design] and [Smart Plus Academy], ABN: 54 535 597944) referred in this document as SPE, provides factual information, general advice and services on healthy and comfortable homes that are energy efficient and sustainable.
The information and general advice we provide will help you make a well-informed decision. The information contained in this website is for general information purposes only. The information is provided by SPE and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website, you are able to link to other websites which are not under the control SPE We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. SPE takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
SECTION 13 – ELECTRONIC SIGNATURE
All information communicated on the SP websites is considered an electronic communication. When you communicate with SPE through or on the SP websites or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.



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