Terms and Conditions

TERMS AND CONDITIONS

1) MAIN PROVISIONS

1.1) The Smart Cam Company (thesmartcamcompany.com) provides you with the opportunity to take advantage of our products & prices. Where The Smart Cam Company is the supplier, these terms and conditions will apply.

1.2) Offers made available via The Smart Cam Company are sometimes limited and subject to stock availability. We suggest, to avoid missing out, you may wish to make orders quickly.
The prices of products and services are shown in New Zealand dollars and include GST where applicable. Prices are current at the time of display but are subject to change.
All payments must be received in full prior to the product being dispatched or service rendered. If your payment is not received or is declined by your bank or credit card issuer, we cannot and will not hold your order or booking. In such instances we do not guarantee that the offer will be available should you try to order it again.

2) BE AWARE

2.1) You will at all times indemnify, and keep indemnified, us and our directors, officers, employees, and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action, or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

3) WEBSITE

3.1) By using: (a) the thesmartcamcompany.com website and any of their partner sites and functionality; or (b) the thesmartcamcompany.com mobile site, (in each case, the "Website") you signify your agreement to be bound by these terms and conditions ("Agreement").
Please read this Agreement and the Privacy Policy carefully before using the Website. This Agreement is formed between you and Gin Club Ltd (referred to in this Agreement as "We", "Us" and "Our"). Anyone who uses the Website is referred to in this Agreement as "you" and "your".
If you do not agree to any terms and conditions of this Agreement, you must not use the Website.
3.2) The only authorised access point to the Website is via thesmartcamcompany.com, our partner sites and their associated mobile applications. We will not be responsible in any way for access outside these access points. You agree to use the Website only for purposes that are permitted by: (a) this Agreement; (b) any applicable law or regulation; and/or (c) generally accepted practice or guidelines.
You must not (or attempt to): (a) access any part of the Website by any means other than through the interface provided by us; (b) engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website; (c) use data mining, robots, screen scraping or similar data gathering and extraction tools on the website except with Gin Club' prior written consent. (d) interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content on the Website; or (e) use, copy, or distribute content except as permitted by this Agreement, by law or with our prior written consent.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure.
We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure. You must not use another member's account without our, and/or the other user's, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
3.3) We may stop (temporarily or permanently) providing access to the Website to you at our discretion and without prior notice. We may terminate your account or restrict your access to the Website. If we do this, you may be prevented from accessing all or parts of the Website, your account details or other content contained in your account. We will not be liable to you or any third party in the event of us taking actions under clauses 5.1 and 5.2.

3.4) If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information.

3.5) You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the Website to a third-party: (a) we shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party; and (b) we shall be entitled to assign the benefit of any agreements we have with you to the third party.

3.6) We reserve the right to make changes to this Agreement from time to time at our sole discretion. By continuing to use the Website, you agree to be bound by the changes. We will endeavour to alert you to any significant changes to this Agreement next time you log into your account or the next time you use the mobile site, but we are under no obligation to do so.
You should regularly check this Agreement to make sure you are familiar with the most current version.
3.7) These terms and conditions are also deemed to include thesmartcamcompany.com’s Privacy Policy, Pricing, Card Security Policy, and Delivery Terms, all of which are also available on this site.

4) COMMUNICATION

4.1) Where you have confirmed you are happy to receive emails from The Smart Cam Company you may from time to time get emails advising you of special promotions, offers, and news.

4.2) If at any time you no longer wish to receive emails from us just use the unsubscribe function on our emails. You can also call on 09 366 6879 or email us via the web site contact page to be taken off our database.

4.3) Expect to receive confirmation emails regarding your purchases 3-4 days after they have been despatched.

5) EXCLUSION/LIMITATION OF LIABILITY

5.1) We do not warrant that the Website will be available at all times or that it will be provided without fault or disruption.
Unless we are not permitted to do so by law (including under the New Zealand Consumer Law), we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of: (a) errors, mistakes or inaccuracies on the Website; (b) you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website; (c) personal injury or property damage of any nature resulting from your access to or use of the Website; (d) any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers; (e) any interruption or cessation of transmission to or from the Website; (f) any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or (g) the quality of any product or service of any linked sites.
We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the Website or any linked Website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party merchants of goods and services.
Where any law (including the New Zealand Consumer Law) provides a consumer guarantee which may not be lawfully excluded, our liability will be limited to that provided by law. Except as required by law (including the New Zealand Consumer Law), in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence).
You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

6) SITE CONTENT/AVAILABILITY

6.1) Although the information provided in this site is presented in good faith and believed to be correct as at the date it was submitted, we make no warranties or representations about the accuracy or completeness of this site.

6.2) We aim to provide a positive experience for you. We reserve the right to change the Website at any time. We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to the change. Information on this Website, information about products on the Website is based on material provided by our suppliers.
You understand and agree that except as required by law (including the New Zealand Consumer Law) we cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by suppliers.
You agree to make your own enquiries to verify information provided and to assess the suitability of products before you purchase any offer.
Where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes and may not be an exact representation of the product received.
If you notice an error, please let us know and we will correct it but we are not liable for any mistakes or out-of-date information.
All links and references to other websites, organisations or people are provided for convenience only, and should not be taken as an endorsement by us.

7) USE OF WEBSITE

7.1) This site is operated from New Zealand and covered by New Zealand law.

8) INTELLECTUAL PROPERTY RIGHTS

8.1) We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
You may not: (a) modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or (b) decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide license to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved services we provide.

10) JURISDICTION

10.1) We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control. This Agreement will be governed by and interpreted in accordance with the laws of New Zealand. If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions. If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

Background & General
The Smart Cam Company (thesmartcamcompany.com) was established in 2023.
The Smart Cam Company, for most of the products, buys as a trade buyer and then sells to consumers. Some products are shipped directly from suppliers using a dropship model.

Returns Policy
Our returns policy is simple and fair and we offer exactly what we expect when we shop online.
If it's broken, damaged or gone missing in transit we'll replace it or give you your money back, at no extra cost to you. Please let us know within 48 hours of delivery.
If you change your mind about a purchased product, we accept returns of products within 14 days of purchase that are unopened and in resaleable condition.
If you change your mind about a purchased service, we accept cancellation for free up to 24 hours before the booked time. Cancellations within 24 hours of the booked time will incur a cancellation fee.
All of the goods we send are insured up to the point of delivery. We're not covered for any goods that are damaged or stolen after being delivered.

11) DELIVERY POLICY

All our deliveries are done through NZ Post via their courier network.
All deliveries are tracked and if you provide a correct email address you will be provided with a tracking number of delivery details.
All deliveries will be made in one shipment and come from one warehouse in Auckland. We do not do part deliveries.
If there are any delays, you will be notified by email.
If there is any problem or issues with the delivery, please just call our customer support number, Auckland, 09 366 6879

The Smart Cam Company's Privacy Policy

Shop Direct Ltd (trading as The Smart Camera Company) has this privacy policy because we understand that it is important for you to know how we collect, store and use your personal information. By "Shop Direct Ltd" we mean the following companies and any of their associated brands:

Arrival, including Arrival Magazine, Arrival Coupons, Arrival Experiences, and Arrival Guru
Cinema Tickets
Consumer Direct
FindSend, including FindSend and 2DM
NZ Wine Rater
People Media Group Limited
Safe Home Today
Taste Travellers
The Gin Club
The Guide to New Zealand Gin
The TutorHub

In this policy we refer to Shop Direct Ltd as "we", "us", "our" or "Group". By entering any of our stores, using our website, mobile site, apps, store Wi-Fi, or services, participating in our database or promotions or interacting with our Customer Engagement Centre, you acknowledge that your personal information will be treated as described in this policy. This policy explains the following:

Personal information
Types of personal information we collect
Collection of personal information
If we are not able to collect personal information
Use of personal information
Cookies
Use of personal information for Marketing
Mobile
Disclosure of personal information
Disclosure of personal information outside of New Zealand
Protection of personal information
Right to access or correct your personal information
Complaints about a breach of privacy
Changes to privacy policy

1. PERSONAL INFORMATION
In this policy, "personal information" means the same as it does in the Privacy Act 2020 ("Privacy Act"). In general terms, this includes any information that can be used to personally identify you. This may include (but is not limited to) your name, age, gender, address, contact details (including phone numbers and email addresses) images of you, your biometric data and financial information, including your payment information. If the information we collect personally identifies you, or you are reasonably identifiable from it, then the information is considered personal information. 2. TYPES OF PERSONAL INFORMATION WE COLLECT We may collect the following types of personal information:

Name
Image, sound, and biometric data (such as height)
Mailing or street address
Location
Email address
Telephone number
Age or birth date
Profession, occupation, or job title
Personal information that is available through social media
Details of the products and services you have purchased from us (including payment information) or which you have enquired about or showed interest in, together with any additional information necessary to deliver those products and services and to respond to your enquiries
Any additional personal information that you provide to us directly or indirectly through our websites, apps, in-store, through our representatives, through use of our services, or otherwise; and
Information you provide to us through our customer contact centre, customer surveys, or that is publicly available

3. COLLECTION OF PERSONAL INFORMATION
We do this in a variety of ways, including when you:

Purchase products or services from us
Access and use our websites, apps, and communications, including registration details and information relating to your use of the website and the services, such as the content you access (for example, the products you have viewed, or the search queries you input)
Interact with us through live chat on our websites
Enter our stores (for example, through video recordings)
Access and use our Wi-Fi in-store
Interact with us through any of our loyalty programmes
Call, email or interact with our Customer Service Representatives, whether in store or at our Contact Centres, for example, when you return goods to us or when you collect goods under our click and collect service
Complete an application for a product or service
Enter promotions that we run or facilitate
Interact with us on social media
You agree that we may also collect personal information from third parties, including:
Third party companies such as credit reporting agencies, other retailers (for the purpose of preventing criminal behaviour), law enforcement agencies, and other government entities
Advertisers
Mailing lists
Contractors and business partners
Suppliers or manufacturers
Other businesses within Shop Direct Ltd.

4. IF WE ARE NOT ABLE TO COLLECT PERSONAL INFORMATION
If you choose not to provide us with the personal information described within this policy, then:

We may not be able to provide you with the product or services you have requested, either to the same standard or at all
We may not be able to provide you with information about products or services that you may want, including information about discounts, sales or special promotions
We may not be able to tailor our content, website and communications for your preferences

5. USE OF PERSONAL INFORMATION
The primary purpose for which we collect information about you is to enable us to perform our business activities and to provide the best possible customer service. We collect, hold, use and disclose your personal information for the following purposes:

To provide products and services to you
To provide you with information or advice about existing and new products and services
To manage product or service warranties or guarantees, including product or safety recalls
To communicate with you and process your requests
To manage and enhance our products and services
To personalise and customise your experience with us and the other members of Shop Direct Ltd
To provide you with access to secure areas of our websites, apps or notices about updates to the functionality of our websites
To conduct competitions or promotions, either ourselves or on behalf of selected third parties
To verify your identity
To provide to third parties if you have authorised us to do so
To conduct analysis across our Group businesses
To conduct business processing functions for operation of our websites or our business, for our administrative, marketing, promotional, planning, product/service development, quality control and research purposes, or those of our contractors or external service providers
To investigate if we have reason to suspect a breach of any of our terms and conditions or any suspected unlawful activity
To help prevent unlawful activity
As required or permitted by any law (including the Privacy Act)

Your personal information will be collected by the Shop Direct business to which it was provided:

Arrival, in the case of information provided to Arrival, Arrival Magazine, Arrival Coupons, Arrival Experiences, or Arrival Guru
Cinema Tickets, in the case of information provided to CinemaTickets.co.nz
Consumer Direct, in the case of information provided to Consumer Direct
FindSend, in the case of information provided to FindSend or 2DM
NZ Wine Rater, in the case of information provided to NZ Wine Rater
People Media Group Limited, in the case of information provided to People Media Group
Safe Home Today, in the case of information provided to Safe Home Today
The Gin Club, in the case of information provided to The Gin Club
The Guide to New Zealand Gin, in the case of information provided to The Guide to New Zealand Gin
Taste Travellers, in the case of information provided to Taste Travellers
The TutorHub, in the case of information provided to The TutorHub

Your personal information will be held at Suite 16, 160 Broadway, Newmarket, Auckland. It may also be held for us in the data centres, platforms and systems of our third-party service providers, some of which may be located outside of New Zealand. Your personal information will not be shared, sold, rented or disclosed other than as described within this policy or as permitted by the Privacy Act.

6. COOKIES
A "cookie" is a small text file that is placed on a device when it is browsing a website to enable the host of the website to store information about use of the website by that device. We use cookies and similar technologies for the following key purposes:

To recognise your computer or device and greet you each time you visit our websites, without bothering you with a request to register or log-in
To keep track of products or services you view, so that we can send you, directly or through third parties, news about those products or services or other similar or related products or services from across the Group that we think you may be interested in
To measure traffic patterns, to determine which areas of our websites have been visited, and to measure transaction patterns in the aggregate
To research our users' habits so that we can improve our products and services
To operate our websites efficiently with a high level of functionality
To measure the effectiveness of our marketing initiatives
To learn about your preferences so that we can present you with web content and advertising that is relevant to you
To measure the number of advertising referrals we have received to our websites from other websites
To produce data on web traffic and customer web activity through our website or apps

While we use cookies to improve our customers' online experience, if you do not wish to allow cookies then you can choose to disable cookies (for all sites) from within your browser settings.

7. USE OF PERSONAL INFORMATION FOR MARKETING

We use personal information to provide you with information or advice about our existing and new products and services or those of other Shop Direct Ltd group of businesses. We also use it to conduct promotions on our own behalf and on behalf of selected third parties.

If at any stage, you no longer wish to receive these marketing communications you may unsubscribe by using the link in any promotional email, logging into your account and changing your preferences or contacting us at:

Arrival - privacy@peoplemediagroup.co.nz
Cinema Tickets - privacy@peoplemediagroup.co.nz
Consumer Direct - privacy@peoplemediagroup.co.nz
FindSend - privacy@peoplemediagroup.co.nz
NZ Wine Rater - privacy@peoplemediagroup.co.nz
People Media Group - privacy@peoplemediagroup.co.nz
Safe Home Today - privacy@peoplemediagroup.co.nz
Taste Travellers - privacy@peoplemediagroup.co.nz
The Gin Club - privacy@peoplemediagroup.co.nz
The Guide to New Zealand Gin - privacy@peoplemediagroup.co.nz
The TutorHub - privacy@peoplemediagroup.co.nz

We will not collect usage data or target advertisements based on the following market categories:

Political opinions
Membership of a political association
Religious beliefs or affiliations
Philosophical beliefs
Membership of a trade union
Sexual preferences or practice
Criminal record
Health information

We will not create categories designed to target children under the age of 18 years (however, this does not prevent us from marketing children's products to a general audience).

Third party advertisers may purchase advertising products from us that enable them to target particular types of users of our network, for advertisements served both on our network and also on third party websites.

We will not provide any personal information to an advertiser or any other third party without your express consent or in accordance with this policy.

If you receive communications from us that you believe have been sent to you other than in accordance with this policy, or in breach of any law, please contact us at privacy@peoplemediagroup.co.nz.

8. MOBILE

If you are using one of our mobile applications and you have notifications turned on, you are agreeing to accept notifications from us even when the mobile application is not running. Your notification preferences can be configured in the application's settings.

9. DISCLOSURE OF PERSONAL INFORMATION

We may disclose your personal information:

To our employees
For the operation of our websites or our business
For the specific purpose of fulfilling requests by you
To provide products and services to you
Where we are permitted to under the Privacy Act
As otherwise detailed in this policy

Where we engage third parties to undertake services, we may provide those third parties with some of your information if it is required to fulfil those services and only to the extent required to fulfil those services. Examples of such third party providers may include, but not limited to:

Service providers such as web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, photographic analysers, data entry service providers, electronic network administrators, debt collectors, and professional advisers such as accountants, solicitors, business advisors and consultants
Software providers such as customer relationship management and accounting software
Existing or potential suppliers, business partners or joint venture entities or partners
Sponsors, or promoters of any competition that we conduct or promote
Specific third parties authorised by you to receive information held by us

We may disclose your personal information to manufacturers or suppliers of products or services for product warranty or guarantee fulfilment purposes, to facilitate repair of a product or where the manufacturer or supplier has advised that they need to contact you for any issues related to the quality or safety of the product or service you have purchased.

We require any third party to protect your information against unauthorised use or disclosure.

In addition to the above, we release personal information only when it is permitted under the Privacy Act or required by law for legal compliance and law enforcement (including to government agencies with statutory law enforcement responsibilities, and/or to your Internet Service Provider or network administrator); to facilitate court proceedings; enforce or apply our terms and conditions; or protect our or your rights, property, or safety and the rights, property and safety of our users, or others, and where we reasonably believe that disclosure is necessary. Government agencies with statutory roles enabling them to request data from us include the Police, Inland Revenue and the Ministry of Business, Innovation and Employment.

10. DISCLOSURE OF PERSONAL INFORMATION OUTSIDE OF NEW ZEALAND

We may disclose personal information to external service providers or entities located overseas for some of the purposes listed above. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.

11. PROTECTION OF PERSONAL INFORMATION

We will take all reasonable steps to protect the personal information that we hold from misuse, loss, or unauthorised access or modification. If you suspect any misuse or loss of, or unauthorised access to, your personal information, please let us know immediately.

12. RIGHT TO ACCESS OR CORRECT YOUR PERSONAL INFORMATION

You may request access to any personal information we hold about you at any time by contacting us at privacy@peoplemediagroup.co.nz

Your request will be processed in accordance with the Privacy Act.

If you make an access request, we will ask you to verify your identity. There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others, or if it would result in a breach of confidentiality. If that happens, in most circumstances we will give you written reasons for any refusal.

We may charge a reasonable fee for making your personal information available to you or providing you with copies of it.

If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may ask us to amend it. We will consider if the information requires amendment and will not charge for making any amendments. If we do not agree that there are grounds for amendment, then we will add a note to the personal information stating that you disagree with it. Registered users of our websites can access and update their user details online. We request that you keep your information as current as possible so that we may continue to improve our service to you.

13. COMPLAINTS ABOUT A BREACH OF PRIVACY

If you believe that we have breached this policy or the Privacy Act or you have any questions or concerns about this policy, please contact us using the contact information below and provide details of the incident so that we can investigate it.

We have a formal procedure for investigating and dealing with complaints. Once the Privacy Officer receives a complaint the Privacy Officer will commence an investigation with the relevant business unit. The investigator will endeavour to determine the nature of any breach and how it occurred.

We may contact you during the process to seek further clarification if necessary. If a breach is found, the Privacy Officer will escalate the matter to management so that the process can be rectified to prevent any further breaches from taking place. We will also contact you to inform you of the outcome of the investigation. We will endeavour to resolve all investigations within a reasonable time.

We will treat your requests or complaints confidentially.

You can contact our Privacy Officer by email at privacy@peoplemediagroup.co.nz or by post at: Privacy Officer, People Media Group, PO Box 7070, Wellesley Street, Auckland 1141.

14. CHANGES TO THE PRIVACY POLICY

We may change this privacy policy from time to time. Updated versions of this policy will be posted on our website. This policy was last updated in February 2023.

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SITE SECURITY

This site is encrypted via an HTTPS (SSL) secure certificate. We do not store any credit card-related data anywhere on our site (or related systems). Payments on this site are processed through Windcave, via their hosted payment gateway pages.