By using this site, you (the user or customer) accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must discontinue using this site immediately.
These Terms form a binding contractual agreement between you, the user of the site and our company, Seventh Gate Pty Ltd. You represent and warrant to us that you have the legal capacity to enter these Terms, and that you have had sufficient opportunity to access and comply with these Terms.
MINIMUM LEGAL AGE: In accordance with Australian federal law, you must be over 18 years of age to use this site. By using this site, you represent, acknowledge and agree that you are at least 18 years of age. Smoke Dreams reserves the right to refuse service, terminate accounts or cancel orders, at its discretion, if a user is believed to have breached our Terms & Conditions.
COMPETITORS: Competitors are not permitted to use or access any information or content on our site. ‘Competitor’ means any person, business, entity or organisation that is engaged in or intends to engage in the provision of any products or services similar or related to any products sold or services provided by Smoke Dreams.
YOUR INFORMATION: When you create an account on this website, you agree to provide us with accurate personal and contact information. If you have provided incorrect information, we cannot be held responsible for any issues arising from the use of this incorrect information. We also reserve the right to refuse to supply any person and close any account for any reason at our discretion if we believe they have provided false or misleading information.
PRICING: All prices are in Australian dollars, inclusive of GST and subject to change without notice.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: This site is provided by Smoke Dreams as is and on an as available basis. We make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site.
You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Smoke Dreams disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
We do not warrant that this site, its servers, or e-mails sent from Smoke Dreams are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
YOUR USAGE OF THE SITE: You agree to maintain the security of your account on the site, including the security of your password and other confidential information relating to the use of the site and your account on the site. You agree to be responsible for all charges resulting from the use of your account on the site, including charges resulting from unauthorised use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Smoke Dreams.
LICENCE TO USE: In accordance with these Terms, Smoke Dreams grants you non-exclusive, non-transferable licence to use this site in the manner it is intended.
You acknowledge that Seventh Gate Pty Ltd is the rightful owner or licensee of all content and that you must not copy, download, store, distribute or reproduce any of its contents in part or in full without our express written permission.
You must not change, edit or add any content on this site without our express written permission and unless you hold all necessary rights to do so.
You must not breach any law, regulation, rule, code or other legal obligation; that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence, in breach of privacy, or infringes the intellectual property or other rights of any person. We do not endorse, recommend, sponsor or approve any such user generated content and the views expressed within that content.
Smoke Dreams retains complete editorial control over the site and may alter, amend or cease the operation of the site at any time. We reserve the right to remove content deemed to be in breach of Copyright, or which in our reasonable opinion is deemed inappropriate.
The site may be unavailable from time to time, such as for maintenance purposes. We will not be liable for the site being temporarily unavailable due to technical issues beyond our control.
If any user is determined to be in breach these Terms, we reserve the right to block their use of the site, impermanently or indefinitely at our sole discretion. If their behaviour is deemed illegal, we may bring court proceedings against them and enforce our legal rights.
DISCLAIMER: Smoke Dreams endeavours to keep the information on this site up to date, error free and correct, we make no representations or warranties of any kind, express or implied, about the correctness, completeness, accuracy, reliability, suitability, availability or otherwise, with respect to the site or the information herein. Any reliance you place on the information is at your own risk.
Although every reasonable care has been taken to ensure that information provided on this website is accurate and up-to-date, Smoke Dreams cannot be held liable for any errors, omissions or inaccuracies, however caused. You use the information, images and links at your own risk.
Information, advertisements or links to other websites, as placed on this site, do not necessarily imply sponsorship, endorsement, approval or arrangement of any kind between Smoke Dreams and the rightful owners of that content. We take no responsibility for any content found on linked websites and accept no responsibility for any information or advice provided to you directly by third parties.
Smoke Dreams gives no warranty that our site or its server is free of viruses or any other harmful components. It is your responsibility to ensure that you take any precaution necessary to minimise any risk you may be taking by using this site or its services.
INTELLECTUAL PROPERTY: Smoke Dreams strictly reserves all Copyright on all information and materials, including, but not limited to, the design, layout, services, content and documents contained herein. You must not copy, download, store, distribute or reproduce any of its contents in part or in full without our express written permission from Seventh Gate Pty Ltd.
Any reproduction of any of the contents is prohibited in any form other than with our express permission, where you may print or download content for your personal and non-commercial use only; and any redistribution of the contents must acknowledge this site as the source of the material.
LIMITATION OF LIABILITY: By using our site, you agree and accept that Smoke Dreams is not legally responsible for any loss or damage you may incur in relation to your use of the site, whether for inaccuracies, errors or omissions in our content or information, any goods or services we may offer or from any other use of the site or its services. This includes your use or reliance on any third party content, links, comments or advertisements. your use of, or reliance on, any content or information on this site is entirely at your own risk, and Seventh Gate Pty Ltd shall not be liable.
To the fullest extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits or data, suffered by you or any third party, or claims made against you or any third party which result from any use or access of, or any inability to use or access the site.
The liability of Smoke Dreams is limited to the supply of goods or services, the replacement of the goods, or the payment of the cost of supplying the goods or services.
INDEMNITY: You are permitted to use this site if you agree to indemnify and hold Seventh Gate Pty Ltd, and its officers, directors, employees and agents, harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of this site.
SEVERABILITY: If any provision of these Terms is held to be illegal, void, invalid or unenforceable in any state or territory then such a clause shall not apply in that jurisdiction and is deemed never to have been included in these Terms in that state or territory. This will not affect the remaining provisions, which continue in full effect. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the remaining provisions of these Terms.
TERMINATION: These Terms terminate automatically if, for any reason, we cease to operate the site.
DISPUTES: By accepting these Terms, you agree to use your best endeavours to negotiate and mediate with Seventh Gate Pty Ltd to resolve any disputes arising from or in connection with these Terms. Please notify us in writing of any dispute you may have.
JURISDICTION: These Terms and this Site are subject to the laws of Victoria and Australia. If a dispute between you and Seventh Gate Pty Ltd results in litigation, then you must irrevocably submit to the jurisdiction of the courts of Victoria.
AMENDMENTS: We reserve the right to amend these Terms. Any change, modification, addition or removal of any of the Terms in part or in whole will be entirely at our sole discretion and without notice. Any revisions to the Terms will apply immediately after publication on this site. By using this site, we assume you have read, understood and agree to any amendments to these Terms. Please check these Terms regularly if you intend to continue to use this site.
These Terms make up the entire agreement between you and Seventh Gate Pty Ltd t/a Smoke Dreams and supersede any prior agreement, understanding or arrangement between you and Seventh Gate Pty Ltd t/a Smoke Dreams whether oral or in writing. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any state or territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.