Disclaimers THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND SMASH'N PTY LTD EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. SMASH'N PTY LTD 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. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT SMASH'N PTY LTD, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.

Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither SMASH'N PTY LTD nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.

SMASH'N PTY LTD uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability.

There may be links to other websites from the SMASH'N PTY LTD website; however, these other websites are not controlled by SMASH'N PTY LTD and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against SMASH'N PTY LTD regarding the inclusion of links to outside websites or your use of those websites. Additionally, parties other than SMASH'N PTY LTD provide services from this website. SMASH'N PTY LTD does not evaluate or warrant the offerings or services of these parties, and does not assume any liability for the actions, product, services, or content of these parties.

Governing Law and Venue This Agreement shall be interpreted, construed and governed by the laws of the South Australia, Australia, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Superior Courts of the State of South Australia, Australia. Users of this website agree that any and all disputes arising from the use of this website, or the ordering of materials from this website, shall be settled by binding arbitration. Notwithstanding the foregoing, however, SMASH'N PTY LTD shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-Australian court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of SMASH'N PTY LTD, such action is necessary or desirable.

No Waiver, Severability No action of SMASH'N PTY LTD, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

We reserve the right to change these Terms and Conditions of Use prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between SMASH'N PTY LTD and you relating to your use of this website.