Terms of service
OVERVIEW
Welcome to Smarter Tradesman! The terms "we", "us" and "our" refer to Smarter Tradesman. Smarter Tradesman operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Smarter Tradesman is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
Smarter Tradesman provides digital products, including downloadable quotation systems, templates, documents and other business resources designed to assist tradespeople in managing and operating their businesses.
We make reasonable efforts to ensure that product descriptions, images, previews and other information displayed on our store accurately represent the digital products being offered. However, the appearance of digital products may vary depending on the device, software or application used to view or edit them.
Unless expressly stated otherwise, our products are provided as business tools and templates only. They do not constitute legal, tax, accounting or other professional advice, and customers are responsible for reviewing and adapting documents, calculations, prices, terms and other information to suit their own business and circumstances.
Product descriptions, features and availability may be changed or updated from time to time. We reserve the right to modify or discontinue a product, subject to applicable consumer law.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase a product from Smarter Tradesman. Your order is accepted when we confirm the order and payment has been successfully processed.
Please review your order carefully before completing your purchase. Our products are digital products and may be made available for download immediately following successful payment.
Cancellation and refund rights for digital products are explained in our Refund Policy and are subject to your statutory rights under applicable consumer law.
Unless expressly stated otherwise, purchasing a Smarter Tradesman digital product grants you a limited, non-exclusive, non-transferable licence to use the product for your own personal or business use.
You may customise our templates and documents for use within your own business. However, you must not resell, redistribute, share, sublicense, reproduce for resale, or make the original or modified digital files available to third parties as standalone products without our prior written permission.
We reserve the right to refuse or cancel an order where we reasonably suspect fraud, unauthorised payment, misuse of our products or another breach of these Terms.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions may change from time to time without notice. The price charged for a product will be the price displayed at checkout when your order is placed and will be confirmed in your order confirmation.
Prices are displayed in the currency shown on our store. Any applicable taxes will be calculated and displayed where required.
From time to time, we may offer promotional pricing, discount codes or special offers. Additional terms may apply to these promotions.
You agree to provide current, complete and accurate purchase, payment and account information when making a purchase.
You represent that you are authorised to use the payment method provided and authorise us and our payment providers to charge the applicable amount for your purchase.
If a pricing or payment error occurs, we reserve the right to correct the error or cancel the affected order and issue any appropriate refund, subject to applicable law.
SECTION 5 - DIGITAL DELIVERY
Smarter Tradesman currently sells digital products. No physical product will be shipped unless expressly stated otherwise on the relevant product page.
Following successful payment, digital products will normally be made available for download through the order confirmation page and/or a download link sent to the email address provided during checkout.
You are responsible for providing a valid email address and ensuring that you have suitable software and equipment to access, download and use the purchased files.
If you do not receive your download, experience difficulty accessing the files, or receive a damaged or incorrect file, please contact us at smartertradesman@gmail.com and we will provide reasonable assistance.
We cannot guarantee uninterrupted availability of third-party platforms or services used to process payments or deliver digital files. This does not affect your statutory rights.
SECTION 6 - INTELLECTUAL PROPERTY AND DIGITAL PRODUCT LICENCE
The Smarter Tradesman website, branding and digital products, including our templates, quotation systems, documents, designs, graphics, text and other original materials, are owned by or licensed to Smarter Tradesman and are protected by applicable intellectual property laws.
When you purchase a Smarter Tradesman digital product, you receive a limited, non-exclusive, non-transferable licence to use and customise that product for your own personal or business use.
For example, you may customise our quotation templates and documents with your own business name, logo, customer information, pricing, scope of work and other information, and you may provide completed documents created using the templates to your own customers in the normal course of your business.
Your purchase does not transfer ownership of the underlying template, design or intellectual property to you.
Unless we give you prior written permission, you must not:
- resell or redistribute our original or modified digital products or templates;
- share the downloadable source files with other businesses or individuals;
- sublicense, reproduce or make the templates available for others to download;
- claim the underlying templates or designs as your own intellectual property; or
- use our products to create a competing template, document or digital-product business for resale or distribution.
Nothing in these Terms prevents you from using documents created from our templates with your own customers as part of the normal operation of your trade or business.
Smarter Tradesman names, logos, branding and product names may not be used in a way that suggests endorsement, affiliation or ownership without our prior written permission.
All rights not expressly granted under these Terms are reserved.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
Smarter Tradesman is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Smarter Tradesman. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Smarter Tradesman, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Smarter Tradesman.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is handled in accordance with our Privacy Policy, which is available through our online store.
Because our Services are hosted by Shopify, Shopify also collects and processes certain personal information relating to your access to and use of the Services in order to provide and improve its services.
Information submitted through our store may be processed by Shopify and other service providers that help us operate our store, process payments, fulfil orders and provide digital products. Some of these service providers may process information in countries outside the country in which you reside.
Please review our Privacy Policy for further information about how personal information is collected, used, stored and shared, and about the rights available to you under applicable data protection law.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain 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 is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Smarter Tradesman, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
Smarter Tradesman products and the information provided through our Services are intended to provide practical business tools and general information for tradespeople.
Our templates, quotation systems, documents and other digital resources are provided as starting points for customers to customise and use according to their own business requirements and circumstances.
Smarter Tradesman does not provide legal, tax, accounting, financial or other regulated professional advice. Nothing contained in our products or Services should be relied upon as a substitute for advice from an appropriately qualified professional where such advice is required.
You are responsible for reviewing and adapting any templates or documents before using them, including checking your own pricing, calculations, customer information, scope of work, contractual terms, tax treatment and any legal or regulatory requirements applicable to your business.
While we take reasonable care in preparing our products, we do not guarantee that any template or document will be suitable for every business, transaction, trade, jurisdiction or individual circumstance.
To the fullest extent permitted by law, the Services and digital products are provided on an “as is” and “as available” basis.
Nothing in these Terms excludes, restricts or limits any rights or remedies that cannot lawfully be excluded or limited, including applicable statutory consumer rights.
SECTION 17 - LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any statutory consumer rights that cannot be excluded.
Subject to the above, Smarter Tradesman will not be responsible for losses that were not reasonably foreseeable when you entered into a contract with us, or for losses resulting from your failure to review, customise or correctly use our digital products.
Our products are business tools and templates. You remain responsible for decisions made in connection with your own business, including quotations, pricing, calculations, scope of work, contractual terms, tax treatment and compliance with laws or regulations applicable to you.
If you use our products wholly or mainly for business purposes, to the fullest extent permitted by law we will not be liable for indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of anticipated savings, or loss or corruption of data arising from your use of our Services or digital products.
Nothing in this section affects any rights or remedies available to consumers under applicable law.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Smarter Tradesman, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 19 - 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 20 - WAIVER; 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 governs 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 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 22 - GOVERNING LAW
These Terms of Service and any contract between you and Smarter Tradesman shall be governed by the laws of England and Wales.
If you are a consumer, you will retain the benefit of any mandatory protections provided to you by the laws of the country in which you live, where applicable.
If you are a consumer resident in England or Wales, the courts of England and Wales will have jurisdiction over any dispute. If you are a consumer resident in Scotland or Northern Ireland, you may also bring proceedings in your local courts where applicable.
If you are purchasing or using our Services wholly or mainly for business purposes, the courts of England and Wales shall have exclusive jurisdiction over any dispute arising from or relating to these Terms, our Services or our digital products.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in 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. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service or our products and Services can be sent to:
Smarter Tradesman
Email: smartertradesman@gmail.com
Business correspondence address:
Smarter Tradesman
Lytchett House, 13 Freeland Park
Wareham Road
Poole, Dorset
BH16 6FA
United Kingdom
Additional contact information is available through our Contact Information page.