SMOOTT Terms and Conditions

1. About SMOOTT & Definitions

In this Agreement:

• “SMOOTT”, “we”, “us” and “our” refer to SMOOTT Pty Ltd (ACN 701 985 319), the operator of the SMOOTT online marketplace. Earlier versions of this Agreement were entered into with the individual who operated SMOOTT before it was incorporated. From the effective date of this version, SMOOTT Pty Ltd replaces the individual who previously operated SMOOTT as the contracting party under this Agreement. By accepting this Agreement, you consent to that substitution and agree that SMOOTT Pty Ltd assumes all rights, obligations and liabilities of the former operator arising under or in connection with this Agreement, including any rights, obligations or liabilities arising before the effective date. To the extent permitted by law, you agree that the former operator is released from those obligations and liabilities from the effective date.
• “SMOOTT Services” means the SMOOTT website and any related applications, APIs, tools and supporting services we provide from time to time.
• “SMOOTT Parties” means SMOOTT, its related bodies corporate, officers, employees, agents and contractors.
• “Service Seller” means the individual, company, partnership or other legal person identified in a Business profile as the provider of the services listed through that Business, whether the Business account is accessed by the Service Seller itself or by an Authorised User.
• “Authorised User” means an individual who is authorised by a Service Seller to access or manage a Business account on that Service Seller’s behalf.
• “Agreement” means these terms and conditions, as amended in accordance with Section 3 (Changes to this Agreement).
• “Service Buyer” means a user who books services on SMOOTT.
• “Business” means a profile operated on SMOOTT by or on behalf of a Service Seller, including the services, resources, personnel and recharge balance associated with that profile.
• “GST” has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• “Submission” means any text, image, video, audio, file, suggestion or other content that you submit, post or upload to the SMOOTT Services.
• “Privacy Policy” means our privacy policy as published on the SMOOTT website and updated from time to time.

2. Accepting these Terms

Before using the SMOOTT Services you must read this Agreement and the Privacy Policy. By creating an account, listing or booking a service, or otherwise using the SMOOTT Services, you confirm that you have read and understood this Agreement and agree to be bound by it. The Privacy Policy explains how we collect, use, disclose and otherwise handle personal information; it does not create a broader consent to handling personal information where applicable law requires a separate or specific consent.

If you create, access or manage a Business on behalf of a company, partnership or other person, you represent and warrant that you have authority to act on behalf of and bind that Service Seller for the purposes of this Agreement.

If you do not agree to any part of this Agreement, you must not use the SMOOTT Services.

You must not transfer your personal account or account credentials to another person. A Service Seller may permit Authorised Users to access or manage its Business account. You must take reasonable steps to keep your account credentials confidential, and a Service Seller is responsible for activity carried out by it or its Authorised Users through its Business account, except to the extent that the activity results from unauthorised access not caused or contributed to by a failure to take reasonable security precautions, or to the extent caused by SMOOTT’s breach or negligence.

3. Changes to this Agreement

We may update this Agreement and any policy expressly incorporated into it from time to time. We may make minor, administrative or non-material changes when they are posted on the SMOOTT website with a new effective date. If a change materially affects your rights or obligations, we will give you at least 30 days’ notice before the change takes effect, unless a shorter period is reasonably necessary to comply with law, address an urgent security issue or prevent fraud or serious misuse of the SMOOTT Services.

We will notify you of a material change by email to the address associated with your account, by a prominent in-product message, or both. A material change will apply prospectively from its stated effective date. Unless required by law or agreed with you, a change will not alter, to your detriment, the commission rate, free allowance, cancellation terms or other substantive rights applying to a booking made before the change takes effect. If a material change substantially disadvantages you, you may stop using the SMOOTT Services or close your Business before the change takes effect, subject to any existing bookings, accrued fees and other obligations that continue under this Agreement. If you continue to use the SMOOTT Services after the effective date, you will be taken to have accepted the updated terms.

The Privacy Policy may be updated separately to reflect changes in our information-handling practices or legal obligations. An update to the Privacy Policy does not, by itself, amend your contractual rights or obligations under this Agreement.

4. Your account

To use most SMOOTT features you need an account. You agree to provide accurate, current and complete information when you register and to keep it up to date.

You and, where applicable, the Service Seller are responsible for activity carried out through the account by you or any Authorised User. This does not make you responsible for unauthorised activity to the extent it was not caused or contributed to by your failure to take reasonable security precautions. Tell us promptly if you suspect unauthorised access by using the contact form linked from the footer of the website.

You must be at least 18 years old, or the age of majority where you live, whichever is higher, and capable of entering into a binding contract to use the SMOOTT Services.

5. Conduct & Acceptable Use

While using the SMOOTT Services you agree not to:

• break any law or infringe anyone’s rights, including intellectual property, privacy or consumer-protection rights;
• post anything false, misleading, defamatory, harassing, obscene or otherwise offensive;
• fail to deliver a service you have sold, or fail to pay for a service you have booked, on the agreed terms;
• manipulate prices, listings, search results, reviews, ratings, or our fee structure;
• transfer your account to anyone else or use another user’s account without their permission;
• use the SMOOTT Services to advertise unrelated products, send spam, run pyramid schemes or chain letters, or solicit users for competing services;
• upload viruses or any code intended to interfere with the SMOOTT Services or other users;
• copy, modify, reverse-engineer or scrape the SMOOTT Services or harvest information about other users without their consent;
• do anything that disrupts other users’ use of the SMOOTT Services or that puts an unreasonable load on our infrastructure.

We may suspend or terminate an account for a material or repeated breach of this section. If a breach is capable of remedy and does not require immediate action, we will give reasonable notice of the breach and a reasonable opportunity to remedy it. We may suspend or terminate an account without prior notice where we reasonably consider immediate action necessary to address illegal or fraudulent activity, a serious or repeated breach, a material safety or security risk, or conduct likely to cause material harm to other users or the SMOOTT Services.

6. Communications

The SMOOTT Services include messaging, email and other channels you can use to communicate with other users. Seller contact details (email and phone) are shown only to signed-in users so that buyers can reach sellers directly to confirm details, ask questions or arrange refunds.

When using any communication facility on SMOOTT you must not:

• send spam, unsolicited bulk messages, surveys, contests, chain letters or pyramid schemes;
• defame, abuse, harass, stalk or threaten anyone;
• publish or upload anything illegal, obscene, defamatory or that infringes someone else’s rights;
• impersonate any person or organisation, or create a false identity;
• harvest, store or share information about other users without their consent.

We may, but do not have to, monitor communications sent through messaging or other communication functionality operated by SMOOTT. This does not give us a right to monitor communications that take place independently of the SMOOTT Services. We may remove or refuse to post content that breaches this Agreement, and we may use or disclose information where permitted or required by law and in accordance with the Privacy Policy.

7. Buying & Selling on SMOOTT

SMOOTT is a venue that lets Service Sellers list services and Service Buyers find and book them. SMOOTT is not a party to any transaction between users and does not process buyer payments. Sellers and buyers settle payment directly using the seller’s published payment options.

When a Service Buyer makes a booking on SMOOTT and the booking is accepted or otherwise confirmed in accordance with the listing, the Service Buyer enters into a contract directly with the Service Seller identified in the relevant Business profile. That contract is subject to the service-level terms that were made available to the Service Buyer before the booking was confirmed. Each party is responsible for performing its obligations under that contract and for complying with the laws that apply to it as a buyer or seller in its jurisdiction.

We do not take ownership of services listed by Service Sellers and, subject to any rights or obligations that cannot lawfully be excluded, we do not guarantee the quality, legality or accuracy of a Service Seller’s listing, the Service Seller’s ability to deliver a service or a Service Buyer’s ability to pay. This does not exclude responsibility for representations made by SMOOTT itself or for the performance of the SMOOTT Services. If another user breaches the direct contract with you, you are responsible for enforcing your rights against that user, although you may notify us using the contact form in the footer and we may assist where we consider it appropriate.

You must ensure that everything you list, offer, book or upload is lawful, accurate and complies with this Agreement. A Service Seller must also ensure that any service-level terms applying to a booking are lawful, are made available to the Service Buyer before the booking is confirmed and are consistent with this Agreement and any applicable consumer law.

8. Reviews

After a booking has been delivered, a Service Buyer may leave one review per booking, with a rating and optional text. Reviews are shown publicly with the buyer’s first name and last initial.

A Service Seller may reply to a review and may report a review to SMOOTT for moderation. SMOOTT may hide or remove a review if we reasonably consider that it is abusive, defamatory, fraudulent, unlawful or otherwise breaches this Agreement or our published review moderation criteria. We will not hide or remove a genuine review merely because it is negative or unfavourable to a Service Seller. Reviews removed from public display may remain on record where reasonably required for moderation, audit, dispute-resolution or legal purposes.

You may not buy, sell, exchange or otherwise manipulate reviews or ratings. We may remove reviews that breach this section and may suspend or terminate accounts involved in material or repeated manipulation in accordance with Section 16 (Termination).

9. Cancellations & No-Shows

Each service may set a minimum cancellation notice. The notice window is shown on the service page and on the booking review page before you confirm. It is locked at the time of booking, so a seller cannot tighten it after you have booked.

Inside that window, the booking cannot ordinarily be cancelled through the SMOOTT interface and the Service Buyer should contact the Service Seller directly to discuss the booking. Outside the window, either side may cancel through SMOOTT, the slot is released and the resource becomes available again. These platform rules do not limit any right to cancel, terminate, obtain a refund or seek another remedy that a party has under applicable law or the direct contract between the Service Buyer and Service Seller.

If a Service Seller marks a Service Buyer as a no-show, we may temporarily restrict the Service Buyer from making further bookings where the restriction is reasonable and proportionate, having regard to repeated or substantiated no-shows and the criteria set out in our No-Show Policy. We will notify the Service Buyer of a restriction and provide a reasonable way to challenge an incorrect no-show record. If you believe you have been marked as a no-show in error, contact the Service Seller first and, if it cannot be resolved, contact SMOOTT.

Because SMOOTT does not hold Service Buyer funds, refunds for cancellations or no-shows are ordinarily arranged directly between the Service Buyer and Service Seller. Nothing in this section limits any obligation of a Service Seller to provide a refund or other remedy, or any corresponding right of a Service Buyer, under applicable law.

10. Fees & Recharge Balance

Service Buyers use SMOOTT for free.

Service Sellers pay a commission on sales made through SMOOTT. The current commission rate is 5% of the relevant commissionable sales amount, exclusive of GST, unless we have agreed a different rate with the Service Seller for a particular Business.

Free allowance. Each Business can sell up to AUD 1,000 of services each calendar month without paying commission. The free allowance is an amount of sales (the booking prices of services sold), not an amount of commission. Commission is charged only on sales above it. For example, if a Business sells AUD 1,400 of services in a month, commission is 5% of the AUD 400 above the allowance, which is AUD 20.00. A sale counts towards the month in which the service takes place, not the month it was booked. Unused allowance does not carry over to the next month.

Deficit. A Service Seller is in deficit when the unpaid commission across all the Businesses owned through the same SMOOTT account exceeds the combined cash and bonus-credit recharge balances of those Businesses. Businesses owned through the same SMOOTT account are assessed together, even if they are operated for different legal persons. While a Service Seller is in deficit, the free allowance is paused for all of those Businesses, and commission is charged on every sale from the first dollar, including sales from bookings made before the deficit arose whose commission is calculated while the deficit continues. The free allowance resumes once a top-up brings the Service Seller out of deficit. We assess this each time we calculate commission.

Commission is calculated after the date of each service has passed and is deducted from the relevant Business’s recharge balance: cash credit first, then bonus credit. Any commission that the balance cannot cover is recorded as unpaid commission owed by the Service Seller operating the Business.

Suspension for unpaid commission. If a Business has unpaid commission exceeding AUD 50.00, or if the Service Seller is in deficit, the affected Business or Businesses are automatically suspended from being searchable or bookable when we next calculate commission, and we will notify the Service Seller by email. Suspended services are restored automatically once the relevant unpaid commission is paid, for example by topping up the recharge balance. If the Service Seller believes an amount is wrong, it may ask us to review it as described below. We will not suspend a Business owned through a different SMOOTT account merely because the same individual manages or accesses it. The Service Seller is responsible for monitoring its recharge balance and topping it up when required.

For commission purposes, a service is considered sold when it is booked through SMOOTT, regardless of when, where or how the Service Buyer pays the Service Seller. A validly cancelled booking does not attract commission. A no-show booking attracts commission unless the booking was fraudulent, duplicated or invalid because of a material platform error. A Service Seller may ask us to review a disputed commission charge, and we will consider the available booking records before treating the disputed amount as finally payable.

We may change our fee structure from time to time. We will give Service Sellers at least 30 days’ notice before changing the commission rate or free allowance. A changed commission rate or free allowance applies to bookings made on or after the effective date of the change. The rate and free allowance applicable when a booking is made continue to apply to that booking even if commission is calculated after the service date, except that if the rate or free allowance in force when commission is calculated is more favourable to the Service Seller (a lower rate or a higher allowance), we apply that instead. The pause of the free allowance while a Service Seller is in deficit applies in either case.

Tax on Top-Ups

Where GST or an equivalent indirect tax applies to a top-up, the amount shown at checkout is the total amount payable, including the applicable tax. Unless we state otherwise at checkout, the cash credit added to the recharge balance is the tax-exclusive value purchased. The tax invoice will identify the credit, tax and total amount separately. The tax rate applied is the rate required by law at the time of the relevant taxable supply or payment, as applicable.

Commission rates quoted in this Agreement and elsewhere on SMOOTT are exclusive of GST or any equivalent indirect tax. Any tax payable in connection with commission or the recharge mechanism will be accounted for in accordance with applicable law and shown on the relevant tax invoice.

Bonus Credit

Top-ups above certain amounts may earn bonus credit. The amount of bonus credit is determined by the credit purchased, exclusive of tax, at the rates displayed on the top-up page at the time of the top-up. We may change those rates prospectively; a change applies only to top-ups made after it takes effect. Bonus credit is promotional credit, is not money paid by the Service Seller and may only be used to pay commission. It cannot be withdrawn, transferred or exchanged for cash. Unused bonus credit is forfeited if the Service Seller voluntarily closes the relevant Business or if we terminate that Business for a material breach under Section 16 (Termination), but only after any bonus credit that can properly be applied to commission already accrued in respect of that Business has been applied.

Commission is deducted from your cash balance first, and from bonus credit only once the cash balance is exhausted. This means bonus credit is the last thing spent, and may go unused if you keep a cash balance.

Getting Your Cash Balance Back

Once a Business is closed, the Service Seller may request a refund of the remaining cash balance attributable to amounts actually paid to SMOOTT. We may verify the request, deduct any commission or other amount validly due under this Agreement and resolve any genuine dispute affecting the balance before payment. We will ordinarily process an undisputed refund within a reasonable time after receiving the information reasonably required to verify the request. Where possible, the refund will be made to the payment method used for the original top-up.

Processing fees are deducted. If our payment processor does not return a processing fee when a top-up is refunded, we may deduct from a voluntary closure refund the reasonable, actual third-party processing cost attributable to the amount being refunded, together with any actual third-party fee charged to issue the refund. We will not add a margin and will tell the Service Seller the amount before the refund is paid. This deduction does not apply to the extent a refund is required by law or arises because of SMOOTT’s breach of this Agreement. If the properly deductible processing costs would equal or exceed a voluntary closure refund, no amount is payable for that refund.

Refunds will be matched against the original payments where reasonably practicable. Only cash credit attributable to amounts actually paid to SMOOTT is refundable; bonus credit and other promotional credit are not part of the refundable cash balance. If a refund cannot be returned to the original payment method because that method is unavailable or a payment-processor time limit has expired, we will use another reasonably available refund method after completing any reasonable identity and payment verification. A payment processor’s inability to refund the original card does not, by itself, extinguish an amount that SMOOTT is otherwise legally or contractually required to repay.

We may temporarily withhold only the part of a cash balance reasonably required to cover unresolved commission, a chargeback, suspected fraud or another amount genuinely in dispute. We will explain the basis for the withholding and will review the withheld amount when the relevant issue is resolved. Any undisputed refundable balance must not be withheld merely because another part of the balance is disputed.

Chargebacks. Please ask us for a refund rather than disputing a top-up with your card issuer where the issue can reasonably be resolved directly with us. If you dispute a top-up that was validly authorised and an amount properly owing to us is reversed, we may recover the reversed amount and any reasonable, actual third-party chargeback fee incurred because of the dispute from the relevant Business’s balance or from the Service Seller. We may suspend the affected Business while a material chargeback dispute remains unresolved where suspension is reasonable and proportionate in the circumstances.

We may delay a refund while we reasonably investigate whether the top-up was fraudulent, unauthorised or part of an attempt to misuse SMOOTT or our payment processor. We may refuse a refund only where, after reasonable investigation, we have a contractual or legal basis to do so. Nothing in this paragraph limits any non-excludable right or remedy under applicable law.

11. Content you Post

You retain ownership of the content you submit, post or upload to SMOOTT (text, images, video, audio, files, suggestions and so on, each a Submission).

By submitting a Submission, you grant SMOOTT a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, copy, display, distribute, modify, translate and reformat the Submission to the extent reasonably necessary to operate the SMOOTT Services, display and promote the relevant Business or listing within or in connection with the SMOOTT Services, maintain security and backups, and comply with legal or record-keeping obligations. This licence ends when you remove the Submission, except to the extent we reasonably need to retain copies for legal, audit, security, backup or historical transaction purposes, or where the Submission was lawfully distributed outside the SMOOTT Services before removal and cannot reasonably be withdrawn.

You warrant that you own or have all rights and permissions reasonably necessary for the uses of your Submissions contemplated by this Agreement; that no Submission infringes another person’s intellectual property, privacy or other rights; and, where consent is legally required, that any identifiable person has consented to the relevant use of their image, voice or personal information.

SMOOTT may, but is not obliged to, monitor Submissions and may remove or refuse to publish any Submission where we reasonably consider that it breaches this Agreement, applicable law, the rights of another person or a published content-moderation policy. Where practicable, we will provide notice of material moderation action unless doing so would create a safety, security or legal risk.

12. Intellectual Property & SMOOTT Branding

The SMOOTT Services and the underlying software, design, copy, logos and trademarks are protected by intellectual-property laws. Except for content you have submitted yourself, nothing in this Agreement gives you any ownership of the SMOOTT Services. You may not modify, distribute, resell, reverse-engineer or create derivative works of the SMOOTT Services or its branding without our written permission.

We may make a marketing pack available that includes the SMOOTT name, logo and other branding (SMOOTT Branding). If we do, you may use the SMOOTT Branding only:

• without altering it;
• for the proper purpose of marketing your own use of SMOOTT;
• in a context that is not inappropriate, defamatory, obscene, unlawful or misleading.

The SMOOTT Branding licence is non-exclusive. We may revoke it on reasonable notice, or immediately where the branding is being misused, the relevant account is suspended or terminated, continued use would be unlawful or continued use creates a material risk to SMOOTT’s rights or reputation. If the licence is revoked, you must stop using and remove the SMOOTT Branding from materials within a reasonable period specified in the notice, or immediately where immediate removal is reasonably necessary.

13. Third-Party Links & Services

The SMOOTT Services may link to or rely on third-party websites, services and integrations. We do not control those third parties and, subject to applicable law, are not responsible for their independent content, availability, terms or privacy practices. Your use of a third-party service may also be subject to that provider’s terms and policies, which you should review before using the service. Nothing in this section excludes responsibility for SMOOTT’s own representations, acts or omissions in selecting, describing or implementing a third-party integration to the extent that responsibility cannot lawfully be excluded.

14. Disclaimers & Limitation of Liability

Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right, remedy or liability under the Australian Consumer Law or any other law to the extent it cannot lawfully be excluded, restricted or modified. Subject to those non-excludable rights and to the maximum extent permitted by law, the SMOOTT Services are provided “as is” and “as available”. We do not warrant that the SMOOTT Services will always be uninterrupted, error-free or available, or that content supplied by independent users will always be accurate or complete.

To the maximum extent permitted by law, SMOOTT, its related bodies corporate, officers, employees, agents and contractors (SMOOTT Parties) are not liable for the acts or omissions of a Service Buyer or Service Seller, or for loss arising from a transaction directly between them, except to the extent the loss was caused or contributed to by SMOOTT’s breach of this Agreement or by the negligence, fraud or wilful misconduct of a relevant SMOOTT Party, or to the extent that liability cannot lawfully be excluded. Subject to the same qualifications, the SMOOTT Parties are not liable for indirect or consequential loss, or loss of profits, goodwill, data or reputation, to the extent that the loss was not reasonably foreseeable as a result of SMOOTT’s breach of this Agreement or the conduct of a relevant SMOOTT Party.

Where SMOOTT supplies services of a kind that are not ordinarily acquired for personal, domestic or household use or consumption, and section 64A of the Australian Consumer Law permits the limitation and it is fair and reasonable for SMOOTT to rely on it, SMOOTT’s liability for failure to comply with an applicable consumer guarantee is limited to either supplying the affected services again or paying the cost of having the affected services supplied again. Any other contractual limitation or cap on liability applies only to the extent permitted by law and does not apply to fraud, wilful misconduct or any liability that cannot lawfully be limited or excluded.

SMOOTT is not liable for a failure or delay in performing an obligation to the extent the failure or delay is caused by circumstances beyond our reasonable control, for example a network or hosting-provider outage, denial-of-service attack, fire, flood, strike, pandemic, act of war or government action, provided that we take reasonable steps to mitigate the effect of the event and resume performance when reasonably practicable.

Nothing in this Agreement excludes any right or remedy you have under consumer-protection law or any other applicable law that cannot lawfully be excluded.

15. Indemnity

You indemnify SMOOTT and its directors, officers, employees, contractors and agents against third-party claims, losses, damages and reasonable costs (including reasonable legal costs) to the extent caused by: (a) your material breach of this Agreement; (b) your unlawful, negligent or wilfully wrongful act or omission; (c) a Submission that infringes another person’s rights; or (d) a transaction that you conduct with another user in breach of applicable law or the terms governing that transaction. This indemnity does not apply to the extent that the relevant claim or loss was caused or contributed to by SMOOTT’s breach, negligence, fraud or wilful misconduct. SMOOTT must take reasonable steps to mitigate an indemnified loss and, where reasonably practicable, notify you promptly of a third-party claim for which it seeks indemnity. SMOOTT must not agree to a settlement that requires an admission of liability by you or a payment by you beyond the indemnity without your consent, which must not be unreasonably withheld.

16. Termination

You may stop using the SMOOTT Services or close a Business at any time, subject to any bookings already made or accepted, accrued commission, refund arrangements and other obligations that continue under this Agreement or applicable law.

We may suspend or terminate an account or Business if you or the relevant Service Seller materially or repeatedly breaches this Agreement, engages in illegal or fraudulent activity, creates a material safety or security risk, fails to pay commission validly due after reasonable notice, or if suspension or termination is required by law. If the issue is capable of remedy and immediate action is not reasonably necessary, we will give notice of the issue and a reasonable opportunity to remedy it before termination. We may act without prior notice where immediate suspension or termination is reasonably necessary to prevent fraud, unlawful conduct, material harm, a serious security risk or continued material breach.

Unless cancellation is required by law or reasonably necessary for safety, security or fraud prevention, suspension or termination of a SMOOTT account does not, by itself, cancel a direct contract already formed between a Service Buyer and Service Seller. The parties remain responsible for dealing with existing bookings and any associated payment or refund obligations. Any refundable cash balance will be dealt with under Section 10 (Fees & Recharge Balance).

Sections 10, 11, 12, 14, 15, 18 and 19, and any other provision that expressly or by its nature is intended to operate after termination, continue to apply to the extent necessary to give them effect after termination.

17. Privacy & Data Handling

How we collect, use, disclose and otherwise handle personal information is described in our Privacy Policy. To the extent applicable privacy law applies to SMOOTT, we will handle personal information in accordance with that law and the Privacy Policy.

We may use service providers or systems located outside Australia to store or process data. Any overseas disclosure or handling of personal information will be carried out in accordance with applicable privacy law and the disclosures made in our Privacy Policy, including any cross-border obligations that apply to SMOOTT.

18. Governing Law

This Agreement is governed by the laws of New South Wales, Australia. You and SMOOTT submit to the non-exclusive jurisdiction of the courts of New South Wales for any dispute arising out of or in connection with this Agreement.

19. General

This Agreement, together with any policy that is expressly stated to form part of it, is the entire agreement between you and SMOOTT relating to the SMOOTT Services and supersedes any previous agreement between you and SMOOTT on the same subject. Help pages, FAQs and other operational guidance do not amend this Agreement unless they are expressly incorporated into it and any material change is made in accordance with Section 3 (Changes to this Agreement).

If we do not enforce a right under this Agreement, that does not mean we have waived it. A waiver is effective only to the extent it is given expressly. If any provision of this Agreement is found invalid or unenforceable, the remaining provisions continue to apply to the extent they can operate independently.

Section headings are for reference only and do not affect interpretation of this Agreement.

20. Notices

A notice from SMOOTT under this Agreement may be given by email to the address associated with your account or by a prominent in-product message where that method is appropriate for the type of notice. Notices of material changes to this Agreement, termination, suspension for unpaid commission or other material financial matters will be sent by email, by a prominent in-product message, or both. You are responsible for keeping your account contact details current.

A notice to SMOOTT may be given using the contact form linked from the footer of the SMOOTT website or any other contact method that we designate for contractual notices. Nothing in this section limits any method of service required by applicable law.