Terms of Use
Last Updated:
Agreement to Terms
These Terms of Use constitute a legally binding agreement between you and Smryxellkhel ("Company," "we," "our," or "us") concerning your access to and use of our website and services. By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy.
If you do not agree with any part of these terms, you must discontinue use of our website and services immediately. We reserve the right to modify these terms at any time, and your continued use of the website following any changes constitutes acceptance of those changes.
Eligibility and Account Responsibilities
By using our website and services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into binding contracts. If you are accessing our services on behalf of an organization, you represent that you have the authority to bind that organization to these terms.
You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
Services Description
Smryxellkhel provides professional gift wrapping services, including consultation, material selection, and custom presentation design. Our services are described on our website for informational purposes, and we reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.
All service descriptions, pricing, and availability information are subject to change. We make reasonable efforts to ensure accuracy but do not guarantee that all information on our website is complete, current, or error-free.
Booking and Service Terms
Service Requests
When you request our services, you agree to provide accurate, complete, and current information. We reserve the right to refuse service to anyone for any reason at any time, including but not limited to requests that we deem inappropriate, impractical, or beyond our capabilities.
Pricing and Payment
All prices are listed in Australian Dollars and are subject to change without notice. Payment is required according to the terms agreed upon during the booking process. We accept various payment methods as specified during the transaction. You agree to pay all charges incurred by you or on your behalf through our services, including applicable taxes and fees.
Cancellations and Modifications
Cancellation and modification policies vary depending on the service level and project complexity. Essential wrapping services may be cancelled up to 24 hours before the scheduled completion time. Signature and Bespoke services require longer notice periods due to material sourcing and preparation. Specific cancellation terms will be communicated during the booking process.
Turnaround Times
Estimated turnaround times are provided as guidelines and are not guaranteed. Actual completion times may vary based on project complexity, material availability, and current workload. We will make reasonable efforts to meet agreed-upon timelines but are not liable for delays beyond our control.
Intellectual Property Rights
All content on our website, including but not limited to text, graphics, logos, images, photographs, designs, and software, is the property of Smryxellkhel or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, or exploit any content from our website without our express written permission.
User-Generated Content
If you submit any content to our website, including feedback, suggestions, ideas, or images, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such content for any purpose. You represent that you own or have the necessary rights to any content you submit and that such content does not violate any third-party rights.
Prohibited Uses
You agree not to use our website or services for any unlawful purpose or in any way that could damage, disable, overburden, or impair our systems. Prohibited activities include but are not limited to:
- Violating any applicable laws, regulations, or third-party rights
- Transmitting any harmful, threatening, abusive, or offensive content
- Impersonating any person or entity or misrepresenting your affiliation
- Interfering with or disrupting the website or servers
- Attempting to gain unauthorized access to any systems or data
- Using automated systems or software to extract data from our website
- Engaging in any activity that could harm our reputation or business interests
- Collecting or harvesting personal information about other users
- Using our services for any commercial purpose without authorization
Materials and Item Handling
When you provide items for wrapping, you retain ownership of those items. We will exercise reasonable care in handling your items but are not responsible for any pre-existing damage, defects, or issues with the items themselves.
You are responsible for ensuring that items provided for wrapping are suitable for the wrapping process and do not contain prohibited or hazardous materials. We reserve the right to refuse to wrap any item that we deem inappropriate, fragile beyond our capabilities, or potentially hazardous.
Items left with us for wrapping services must be collected within the agreed timeframe. We are not responsible for items left beyond 30 days of the agreed collection date, and such items may be disposed of or donated at our discretion.
Limitation of Liability
To the fullest extent permitted by applicable law, Smryxellkhel and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or related to your use of our website or services.
Our total liability for any claims arising from or related to our services shall not exceed the amount you paid for the specific service giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless Smryxellkhel and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to:
- Your use of our website or services
- Your violation of these Terms of Use
- Your violation of any rights of another party
- Any content you submit or transmit through our services
- Any items you provide for wrapping services
Disclaimers and Warranties
Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that our website will be uninterrupted, secure, or error-free, or that any defects will be corrected. We do not warrant the accuracy, completeness, or reliability of any content or information on our website.
While we strive to provide high-quality services, we do not guarantee specific results or outcomes. The appearance and durability of wrapped items may vary based on factors beyond our control, including environmental conditions and handling after completion.
Third-Party Links and Services
Our website may contain links to third-party websites or services that are not owned or controlled by Smryxellkhel. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party content or services.
Dispute Resolution and Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions. Any disputes arising from or relating to these terms or our services shall be subject to the exclusive jurisdiction of the courts located in Victoria, Australia.
Before initiating any formal legal proceedings, you agree to first contact us to attempt to resolve any disputes informally. We are committed to working with you to reach a fair resolution.
Severability
If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
Entire Agreement
These Terms of Use, together with our Privacy Policy and any other legal notices or agreements published on our website, constitute the entire agreement between you and Smryxellkhel regarding your use of our website and services, superseding any prior agreements or understandings.
Waiver
Our failure to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Smryxellkhel.
Assignment
You may not assign or transfer these Terms of Use or any rights granted hereunder without our prior written consent. We may assign or transfer these terms at any time without restriction or notice.
Contact Information
If you have any questions, concerns, or feedback regarding these Terms of Use, please contact us:
Smryxellkhel
Factory 1 / 10 Nicole Close
Bayswater North VIC 3153
Australia
Phone: +61 3 9720 7894
Email: customer@smryxellkhel.world
Modifications to Terms
We reserve the right to modify or replace these Terms of Use at any time at our sole discretion. Material changes will be notified through our website or other appropriate channels. Your continued use of our website and services following the posting of changes constitutes acceptance of those changes.
We encourage you to review these Terms of Use periodically to stay informed of any updates. The "Last Updated" date at the top of this page indicates when these terms were last revised.