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Terms of Service


OVERVIEW

This website is operated by Sharpmate pty ltd. (alternatively, referred to hereinafter as “we, us, our”). These terms and conditions of service apply to all users of this site, including, without limitation, browsers, vendors, customers, merchants and suppliers. By accessing or using any portion of this site, and by placing an order for Sharpmate’s knife sharpening services, you agree to be bound by these Terms of Service. In the event that these Terms of Service are considered an offer, acceptance is expressly limited by the following terms and conditions.

Any new or different services or products which may be added to those presently offered on the site, shall be subject to these Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service at any time by posting updates on this site. It is the user’s responsibility to check the Terms of Service prior to placing an order for our services and your continued use or access of this website following posting of amendments or changes to the Terms of Service constitutes acceptance by you of those amendments or changes.

Sharpmate’s services is hosted on Shopify Inc., which provides us with an on-line e-commerce platform, allowing us to offer our services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least 18 years of age or the age of majority in your state or province of residence, 
or you have given us your consent to allow any of your minor dependents to use this site.

You may not use our services for any illegal or unauthorized purpose nor may you, in the use of our services, violate any laws in your jurisdiction.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of our services.

We reserve the right to charge an additional fee for the repair of damaged knives or for the sharpening of ceramic knives. We will inform you via email of these charges once your knives have been received and inspected by our knife-smiths.

Sharpmate gift cards may only be redeemed online at sharpmate.com.au. Cards and credits cannot be redeemed for cash and cannot be replaced if lost, stolen, or used without your permission. They may not be transferred, resold or redeemed for other gift cards. Promo codes cannot be applied to the purchase of gift cards.

PROMOTIONAL OFFERS; GIFT CARDS. We may run promotional offers from time to time on the Site. The terms of any such promotion will be posted on the Site. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offer and end such offer at any point. Only one promotional code may be used per transaction.

Sharpmate gift cards and gift certificates ("Gift Cards") may only be redeemed toward the purchase of eligible goods and services provided by Sharpmate on sharpmate.com.au. Purchases are deducted from the redeemer’s Gift Card balance. Any unused Gift Card balance will be placed in the redeemer’s sharpmate.com.au account. If a purchase exceeds the redeemer’s Gift Card balance, the remaining amount must be paid with another payment method. No fees apply to Gift Cards. Gift cards do expire after 12 months .

Gift Cards may not be redeemed for the purchase of products at any other website. Gift Cards cannot be used to purchase other gift cards. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Unused Gift Card balances in a sharpmate.com.au account may not be transferred to another sharpmate.com.au account.

The risk of loss and title for Gift Cards pass to the purchaser upon Sharpmate’s electronic transmission of the Gift Card to the purchaser or designated recipient, or Sharpmate’s delivery to the carrier, whichever is applicable. Sharpmate is not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.

We have the right to close customer accounts and bill alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on

sharpmate.com.au

SHARPMATE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND SHARPMATE'S SOLE LIABILITY, WILL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

SECTION 2 - SUBSCRIPTION

By ordering a "Subscription" and agreeing to the accompanying terms on this page, you agree to accept these terms and conditions ("Terms") for our subscription ordering program ("Subscription"). The Terms constitute the entire agreement between you and us relating to our Subscription program. By placing an order and enrolling in our Subscription program, you accept these terms, conditions, limitations and requirements. Please read the following terms carefully.

Benefits
When you enroll in our Subscription program, you are signing up for pre-scheduled knife sharpening services and may select how often you would like your Sharpmate sharpening envelopes delivered to you. You may change or cancel your pre-scheduled delivery at any time, as well as your shipping address, payment method, and frequency of your sharpening services. 

Sharpmate reserves the right to change Subscription benefits at any time in its sole discretion.

Notifications; Automatic Order Creation; Order Changes or Cancellation
When you place your initial order for a sharpening service and enroll in our Subscription program, you will receive a notice that your subscription has been created and your first order will be processed. Your first order will be processed immediately, and your selected payment method will be charged at the time the order is placed.  Your Subscription will thereafter automatically create a new order according to your chosen sharpening schedule, until you cancel.

If you do not cancel the order before the day prior to your ship date, your order will be authorized, and a credit card authorization hold will be placed on the payment method used to create your subscription or updated payment method you may provide. You will see a pending charge during this time as we prepare your order. 

Credit Card Authorizations and Charges
When you sign up for continuous shipments through your Subscription, you will be required to expressly agree to permit us to charge your chosen payment method on a recurring basis, as well as the amount of the charge, which amount shall be set as described below. Sharpmate will submit periodic charges (e.g. 3, 6 or 12 monthly) to your chosen payment method without further authorization from you, until you provide prior notice at any time that you wish to cancel or to change your payment method. Approximately 24 hours prior to your designated ship date, your order will be authorized, and a payment authorization hold will be placed on your chosen payment method. Once your order is processed, your payment method will be charged for the authorized amount. For clarification purposes only, a payment authorization hold is not an actual charge, i.e, if an authorization hold is placed for $49 on January 1 and your payment method is charged $49 on January 2 when your order is shipped, you will only see one actual charge on your payment method on January 2 for $49. An authorization hold may impact the amount of remaining credit available to you under your chosen payment method.

Pricing; Payment; Renewal; Cancellation
The amount you are ultimately charged for a product delivered pursuant to our Subscription program will be the price of that item as stated on our site as of the time your order is authorized. Once your order has shipped, your chosen credit card or other payment method will be billed this amount. You will not be charged until your envelope ships. The total cost charged to your payment method for each Subscription order will be the price of the service, less the Subscription discount or any other discount, if applicable, plus any sales tax, if applicable. Any credit balances on your sharpmate.com.au customer account may be applied toward the balance of your order before charging any remaining balance to your payment method. 

The charge for each Subscription service will be billed to the payment method used to create your subscription or as otherwise directed by you. If we are unable to complete your Subscription order with the payment method you used to create your Subscription, we will notify you and give you the opportunity to add another payment method in your account and to charge the payment method for your Subscription order.

Your Subscription will remain in effect until it is cancelled. You can cancel at any time via the My Account section on sharpmate.com.au or by emailing to info@sharpmate.com.au.

Agreement Changes
We may, in our sole discretion, change these Terms, (including all applicable terms, conditions, limitations and requirements on the sharpmate.com.au website), without notice to you. If any change to these terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or conditions. YOUR CONTINUED PARTICIPATION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES, YOU MUST CANCEL YOUR SUBSCRIPTIONS.

Additional Terms
We may, in our sole discretion, terminate your Subscription at any time without notice. If we do so, you will only be charged for orders that have been shipped to you. Sharpening services are only available for customers within Australia. Your participation in the Subscription program is personal to you, and you may not assign or transfer your Subscription or any of the benefits to any third party without our authorization. All returns under the Subscription program are subject to the sharpmate.com.au Return Policy. Subscriptions are void where prohibited.

SECTION 3 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our services are subject to change without notice.

We reserve the right at any time to modify or discontinue the services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our services.

SECTION 6 - PRODUCTS OR SERVICES

We reserve the right, but are not obligated, to limit the sale of our services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the number of items that we shall service at any one time. All descriptions of services and pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any service at any time. 

SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities of implements to be sharpened per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by commercial vendors, including dealers, resellers or distributors.

You agree to provide current, complete and accurate financial or account information for all orders placed with Sharpmate pty ltd. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 8 - LINKS TO OTHER WEBSITES

Our Service may contain links to third party websites or services that are not owned or controlled by Sharpmate pty ltd. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. You, the Customer, acknowledge and agree that Sharpmate pty ltd. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through such sites or services.

SECTION 9 - AUTHORIZATION TO INCREASE SHARPNESS

Customer agrees that they are requesting and authorizing Sharpmate pty ltd. to drastically increase the sharpness of all metal knives, ceramic knives, and other blades and implements shipped to Sharpmate pty ltd. Customer authorizes Sharpmate pty ltd. to physically change the edge of their blades to increase sharpness and working effectiveness of the blades.

SECTION 10 - SHIPPING KNIVES AND OPENING PACKAGING

Customer agrees to exercise care in packaging up their knives for shipment to Sharpmate pty ltd. for sharpening, and to exercise extreme caution in opening packaging containing knives or other implements sharpened and forwarded by Sharpmate pty ltd. to customer, including using extreme caution in removing the items from packaging, unwrapping same, and testing the blades sharpness.

SECTION 11 - PAST EXPERIENCE WITH KNIVES

Customer represents and warrants that they have had experience using and handling the knives or other implements they forwarded to Sharpmate pty ltd. for sharpening, including using the blades for cutting or chopping, handling the knives or opening and closing them where applicable, and using other implements forwarded for cutting, and if applicable using the knives while hunting or fishing and using the scissors regularly, personally or professionally. Given their past usage experience, customer agrees to exercise reasonable caution in using and handling the knives or other implements sharpened by Sharpmate pty ltd.

SECTION 12 - PERSONAL INFORMATION

Your submission of personal information to Sharpmate pty ltd. is governed by our Privacy Policy.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Sharpmate pty ltd., does not guarantee, represent or warrant that our services will be uninterrupted, timely, secure or error free.

It is understood and agreed that Sharpmate pty ltd., may discontinue its services for an indefinite period of time or cancel its services without prior notice to users, customers or others.

It is expressly understood and agreed that use of our services or inability to use our services is at customers sole risk. The services and all finished products delivered by us to you are delivered “as is” and “as available” for their intended use, unless otherwise designated, and are delivered without any representation, warranty, or condition of any kind, either express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular use or purpose, or durability. 

Shipments are insured up to $400. We may require photos and/or purchase receipts of your knives to support the claim.

In placing an order for sharpening services, you, the customer, agree that you have read the safety warnings and requirements contained in these Terms of Service. You, the customer, agree that neither Sharpmate pty ltd, its officers, directors, employees, agents, contractors, interns, suppliers, service providers, nor its licensors, shall be liable for any injury, loss, or claim arising from the use or handling of knives or other utensil edges sharpened and shipped by us to you, the customer. You expressly agree to assume full responsibility for informing third parties of the danger posed by the extreme sharpness of knives that we have serviced on your behalf and the need to exercise caution in handling and using the knives or other implements, which may easily cause injury if not handled with care.

In no event will Sharpmate pty ltd. its officers, directors, employees, agents, contractors, interns, suppliers, service providers, nor its licensors, be liable for direct, indirect, incidental, punitive, special or consequential damages arising from your use of Sharpmate pty ltd.’s services, whether based on legal theories of contract, tort, strict liability or otherwise, or arising from the handling or use of the knives sharpened by us, or for any other claim related in any way to your use of our services or the sharpened knives provided by us to you.

SECTION 15 - INDEMNIFICATION

In accessing this site, you agree to the terms and conditions contained in these Terms of Service and affirm that you have read the safety warnings and requirements listed below. Further, in the event that you place an order for knife sharpening services, you agree to indemnify, defend and hold Sharpmate pty ltd., its officers, directors, employees, agents, contractors, interns, suppliers, service providers, and its licensors, harmless from any claim or demand, including reasonable attorney’s fees, should you or others under your control become injured in any way by knives or other implements sharpened and shipped to you by Sharpmate pty ltd., or in the event that a third party asserts a claim against you arising out of your negligent failure to warn or other acts of negligence, or your violation of any law or the rights of a third party.

SECTION 16 - SAFETY WARNINGS

Customer acknowledges that the services provided by Sharpmate pty ltd., sharpening knives and other implement blades, are inherently dangerous, and applying force onto the back of a sharpened blade, or contact with skin may result in injury and Customer agrees to take every possible precaution to (1) always keep sharpened blades away from fingers and body and (2) to handle sharpened knives and other sharpened utensils with care and (3) to keep all sharpened blades out of the reach of children.

SECTION 17 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

If you decide to terminate your order after your first envelope has been dispatched (usually within 12 hours of order), you may be charged a termination fee. The early termination fee is $10.

SECTION 19 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 21 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@sharpmate.com.au.