Terms of service

Terms of Service

Last updated: 28 August 2026

Effective date and relationship with previous Terms

These Terms are an amended and restated version of Software Mart Australia’s previous Terms of Service. They take effect on 28 August 2026 and replace the previous version for orders placed on or after that date.

An order placed before the effective date remains governed by the terms presented or accepted when that order was placed. These updated support, delivery, troubleshooting and complaint procedures may be used to help administer an earlier claim, but only to the extent that they do not remove, reduce or delay any right or remedy the customer already has.

Nothing in an amendment to these Terms excludes, restricts or modifies any right, consumer guarantee or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law.

We will not apply a material change retrospectively where doing so would unfairly disadvantage a customer or alter the essential terms of a completed purchase without the customer’s agreement.

1. About these Terms

These Terms of Service apply to your use of softwaremart.com.au (the Website) and to products and services supplied through the Website.

The supplier is Software Mart Australia, ABN 43 657 323 491, referred to in these Terms as Software Mart Australia, we, us or our.

By checking an acceptance box, placing an order after these Terms have been presented to you, creating an account or using a paid service, you agree to these Terms.

If you are under 18, you may place an order only with the involvement and consent of a parent or legal guardian.

2. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded or modified, including under the Australian Consumer Law contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

A person or business may qualify as a consumer under the Australian Consumer Law, including for certain business purchases.

Computer software may constitute goods under the Australian Consumer Law even when supplied electronically, by download or under a digital licence. Installation, technical assistance and remote support may constitute services.

Describing software as “licensed, not sold” does not exclude any applicable consumer guarantee.

If any provision of these Terms is inconsistent with a non-excludable legal right, the legal right prevails.

3. Documents forming your agreement

Your agreement with us includes:

• these Terms;

• the product description, licence option and system requirements displayed when you order;

• the price and other information shown at checkout;

• the order confirmation;

• our Delivery Policy, Refund Policy and Privacy Policy; and

• any specific written promise we make about the product or service.

The documents apply in the following order:

1. any law that cannot be excluded;

2. a specific and lawful product description or written promise made when you ordered;

3. these Terms; and

4. our other policies.

A specific or more favourable promise in a product listing or order confirmation prevails over an inconsistent general provision in these Terms.

Our other policies provide administrative processes and any additional voluntary benefits. They do not reduce rights under the Australian Consumer Law.

4. Products we supply

Our software products are supplied electronically. Unless a product listing expressly states otherwise, no physical disc, USB drive, box or other physical item will be delivered.

Software is licensed rather than sold outright. Your purchase gives you the right to use the applicable software in accordance with:

• the licence type and device, user or activation allowance shown in the product listing;

• the software publisher’s applicable licence terms; and

• these Terms.

Before ordering, please review the product’s:

• name, version and edition;

• operating system and platform;

• language and architecture;

• device, user or activation allowance;

• system and hardware requirements;

• licence type;

• transfer and account-binding conditions;

• activation or redemption method;

• subscription or renewal status;

• publisher-support and end-of-support status; and

• other material limitations disclosed in the listing.

We will supply the licence type, version and activation allowance described in your order.

If you tell us the particular purpose for which you require a product and rely on our advice, your rights may include a guarantee that the product is fit for that disclosed purpose.

5. Licence types and substitutions

Licence types can have materially different activation, transfer and use rights. These may include Retail, OEM, MAK, volume, device-bound or publisher-account-bound licences.

The applicable licence type must be displayed in the product listing or selected by you before purchase.

We will not replace the licence type you ordered with a materially different licence type without your informed agreement.

If the ordered licence type is unavailable, we will offer you the choice of:

• receiving an alternative licence after we clearly explain the material differences and you agree to it; or

• cancelling the affected order for a full refund.

6. Orders and acceptance

An automated order acknowledgement confirms that we received your order but does not necessarily mean that we have accepted it.

We accept an order when we send the product or otherwise confirm that the order has been approved for fulfilment.

Before acceptance, we may decline an order for reasonable grounds such as:

• lack of availability;

• an obvious and genuine pricing or description error;

• publisher, licence or geographic restrictions;

• suspected fraud or unauthorised payment;

• an order that appears to breach purchase limits or licence conditions; or

• a legal or regulatory requirement.

If we decline an order after taking payment, we will promptly return the payment using the original payment method wherever reasonably possible.

If we discover an error after payment but before fulfilment, we will explain the error and give you the choice of proceeding on the corrected basis or receiving a full refund.

We will not accept payment unless we reasonably believe that we can supply the ordered product by the stated delivery time or, if no delivery time is stated, within a reasonable time.

7. Prices, payment and receipts

The price and currency payable are displayed at checkout.

Prices shown to Australian consumers include GST where required. Any unavoidable fee or payment surcharge charged by us will be disclosed before you place the order.

Your bank or payment provider may separately charge foreign-exchange, international-transfer or other fees that we do not control.

After supply, we will provide a digital receipt or order confirmation showing:

• our business name;

• our ABN;

• the date of supply;

• the product or service supplied; and

• the price paid.

A refund required under the Australian Consumer Law will be provided using the original payment method unless that is not reasonably possible or you agree to another method.

We will not require you to accept store credit instead of a refund that must be provided by law.

8. Electronic delivery

Most orders are normally delivered by email within 1–10 minutes after payment verification. Some orders may take longer because of manual payment, security or licence checks.

Unless a specific delivery time is expressly agreed, the 1–10 minute period is an estimate rather than a guaranteed deadline. We will nevertheless deliver within an agreed or reasonable time as required by law.

You must provide an email address you can access and should check your inbox, promotions and spam or junk folders.

Please contact us if your order email has not arrived. We may verify your email address and resend the delivery email.

If we cannot supply the product within an agreed or reasonable time, we will provide an appropriate remedy. Depending on the circumstances, this may include:

• completing delivery promptly;

• agreeing with you on a revised delivery time;

• supplying an agreed replacement; or

• issuing a refund.

9. Electronic communications

You consent to receiving order confirmations, licence keys, download instructions, receipts, service messages and other transaction-related information electronically.

Electronic delivery is an essential characteristic of the products sold through the Website.

Transaction and delivery emails will be used for fulfilment, security, support and other necessary order communications.

Placing an order does not automatically require you to consent to unrelated marketing. Where you separately consent to marketing communications, you may withdraw that consent using the unsubscribe facility or by contacting us.

10. Activation and use of product keys

You must:

• keep product keys and download credentials secure;

• use them only for the number of devices, users or activations purchased;

• not share, duplicate, sell or distribute a key except where the applicable licence permits it;

• use the software lawfully and in accordance with the publisher’s licence terms; and

• follow accurately disclosed installation and activation instructions.

Using the supplied tutorial or different installation instructions

Customers should follow the installation and activation instructions supplied with their order. Using a different installer, product edition or activation method may cause the product key not to work.

If a problem is caused by installing an incorrect or incompatible product, disregarding clearly disclosed system requirements, or using the product in a way for which it was not designed, Software Mart Australia may not be required to provide a remedy for that customer-caused problem under the Australian Consumer Law. We will, where reasonably possible, help the customer install and activate the correct product.

Not following our tutorial does not automatically remove a customer’s rights under the Australian Consumer Law. If the supplied product or product key is faulty, invalid, not as described or otherwise fails an applicable consumer guarantee, the customer remains entitled to the remedies available under the Australian Consumer Law.

We may ask the customer to provide the activation error, screenshots, installed product edition, system information and other reasonable information needed to assess the problem. For a minor problem, we may first provide installation assistance, correct the problem or supply a replacement key within a reasonable time. For a major problem, the customer may choose a refund or replacement in accordance with the Australian Consumer Law.

Where a product is described as account-bound, redeeming it may permanently associate the licence with the nominated publisher account.

Where a product is described as device-bound, its transfer or reactivation rights may be limited.

We ask customers to install or activate their product within 30 days so that activation issues can be identified promptly and complimentary setup support can be provided.

Not activating within 30 days does not automatically remove any rights you have under the Australian Consumer Law.

If a product has a genuine publisher-imposed activation or redemption deadline, that deadline will be clearly disclosed before purchase.

11. Perpetual and lifetime licences

A perpetual licence means that the licence is not a recurring subscription and has no stated fixed end date for the purchased software version, subject to the applicable publisher licence terms.

It does not mean that:

• the software will receive support, security updates or upgrades forever;

• later versions are included;

• the publisher will operate activation or online services indefinitely;

• the software will remain compatible with all future hardware or operating systems; or

• the licence can be transferred to another device or account.

If the expression lifetime licence or lifetime key is used, it has this same limited meaning. It does not mean the lifetime of the purchaser.

For an OEM or other device-bound licence, a substantial hardware change—particularly a motherboard replacement—may require reactivation or may affect continued activation under the publisher’s rules.

A hardware change is not automatically a breach of these Terms.

Any material restriction connected with device binding, hardware changes or transferability must be disclosed in the product description.

Nothing in this section limits your rights if a product is not as described, is not fit for a disclosed purpose or otherwise fails to meet a consumer guarantee.

12. Subscriptions and renewals

An order is not a recurring subscription unless the product listing and checkout clearly state that recurring billing or automatic renewal applies.

For a subscription product, we will disclose before purchase:

• the initial subscription period;

• the billing frequency;

• the amount payable or how it will be calculated;

• the minimum total price, where required;

• whether renewal is automatic;

• how and when the subscription can be cancelled;

• what happens when the subscription ends; and

• whether renewal is managed by us or by the software publisher.

If we manage an automatically renewing subscription, you may cancel future renewals using the method disclosed at purchase.

Cancellation stops future renewal charges but does not automatically create a refund for a current subscription period unless a refund is required by law or offered under the applicable product terms.

If we change the price of an automatically renewing subscription, we will provide reasonable advance notice and allow you to cancel before the new price takes effect.

13. Consumer guarantees and remedies

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

Software and digital products must, where the consumer guarantees apply:

• be of acceptable quality;

• be fit for their common purpose;

• be fit for a purpose disclosed to us and reasonably relied on;

• match their description; and

• comply with applicable express warranties.

Services must be:

• provided with due care and skill;

• fit for any disclosed purpose; and

• provided within an agreed or reasonable time.

Major problems with products

If a product has a major problem, you may be entitled to choose between a replacement and a refund.

You may instead choose to keep the product and seek compensation for its reduction in value.

A major problem may include a product that:

• is substantially different from its description;

• cannot be activated or used for its normal purpose and cannot easily be fixed within a reasonable time;

• is not fit for a disclosed purpose and cannot easily be fixed;

• creates an unsafe situation; or

• has one serious problem, or several smaller problems, that would have prevented a reasonable consumer from buying it had they known.

Minor problems with products

If a problem is minor and can be fixed within a reasonable time, we may choose to repair the problem, replace the product or provide a refund.

For a digital licence, fixing the problem may include:

• correcting delivery information;

• supplying valid download or activation instructions;

• rectifying an activation issue; or

• replacing an invalid key with the licence type ordered.

If we do not fix a minor problem within a reasonable time, additional remedies may become available.

Problems with services

For a minor service problem, we will rectify or reperform the affected service free of charge within a reasonable time.

For a major service problem, or one that cannot be rectified within a reasonable time, you may be entitled to:

• cancel the affected service;

• receive a refund for the unprovided or defective portion; or

• keep the service and receive compensation for its reduction in value.

You may also be entitled to compensation for other loss or damage caused by a failure to meet a consumer guarantee where that loss or damage was reasonably foreseeable.

14. Separate voluntary warranties

The consumer guarantees described in these Terms apply automatically.

Unless a separate voluntary warranty is expressly supplied with your order, the remedies described in the consumer-guarantee section are explanations of statutory rights rather than a separate time-limited warranty against defects.

If we provide a separate warranty against defects or money-back guarantee, it:

• will be additional to your consumer guarantee rights;

• will identify the warranty period and what is covered;

• will explain how to make a claim;

• will state what we will do when a valid claim is made;

• will explain responsibility for claim-related expenses; and

• will include any information and mandatory wording required by Australian law.

The expiry of a voluntary warranty does not automatically end your rights under the Australian Consumer Law.

15. Making a consumer guarantee claim

Contact Software Mart Australia first

If you experience a problem with an order, electronic delivery, download, installation, activation, product key, licence, account binding, compatibility, support service or payment, please contact Software Mart Australia first so that we can assess and attempt to resolve the issue.

Before we can process a request for support, repair, replacement, refund or another remedy, you must notify us of the problem and provide, where reasonably available:

• your order number or another reasonable form of proof of purchase;

• a description of the problem;

• the exact error message and relevant screenshots;

• the installed product name, version and edition;

• the troubleshooting steps already attempted;

• any relevant Microsoft or publisher support case number or written response; and

• the remedy you are requesting.

We may reasonably assess the product, ask you to complete proportionate troubleshooting and require a reasonable opportunity to investigate the issue. For a minor problem, we may first correct the issue, provide installation assistance or supply a valid replacement key within a reasonable time.

You may contact Microsoft or another software publisher for technical information. Statements or recommendations from a publisher may be considered as evidence, but do not automatically determine whether a refund is payable. We may conduct our own reasonable assessment.

Nothing in this section removes your rights under the Australian Consumer Law, prevents you from contacting a manufacturer, software publisher, payment provider, consumer protection agency, regulator, tribunal or court, requires you to accept a repair where the law gives you a choice of refund or replacement, or permits us to refuse an otherwise valid claim solely because you contacted another organisation before contacting us.

If your product key does not work

Please follow these steps as soon as possible. Where reasonably practical, contact us before purchasing a replacement product or licence:

1. Stop and record the error. Take a screenshot and note the exact error code or message and the date and time it appeared. Keep the product key private and do not post it publicly.
2. Check the product and installer. Confirm the product name, edition, version, device, operating system, system requirements and any advertised region or account requirements. Use the download source in our email or tutorial, or an official publisher source.
3. Follow the supplied tutorial. If you used different instructions, stop further activation or reinstallation attempts and tell us exactly what you did. Using different instructions does not automatically remove your rights, but the steps taken may help us identify whether the issue relates to the key, product, compatibility or installation.
4. Contact Software Mart Australia promptly. Use our Contact Us page or email hello@softwaremart.com.au. Provide your order number, purchasing email address, product and edition, screenshot and error code, download source, and the steps already taken. Do not include the full product key in a public message.
5. Allow a reasonable assessment. We may verify the order and key, confirm the correct edition, request diagnostic details, provide installation assistance or supply a valid replacement key. Remote access is optional and requires your consent. If you decline remote access, we may ask for other reasonably necessary information.
6. Receive the appropriate outcome. For a minor problem, we may first correct the issue or provide a valid replacement within a reasonable time. If the product has a major problem, or a minor problem cannot be corrected within a reasonable time, the remedies available under the Australian Consumer Law will apply, including a refund or replacement where applicable.

You may purchase another product or licence elsewhere at any time. However, purchasing elsewhere before giving us a reasonable opportunity to assess the original issue does not by itself establish a major problem or an entitlement to reimbursement of the additional cost. Any claim for additional loss must satisfy the Australian Consumer Law, including that the loss was caused by the failure and was reasonably foreseeable and reasonably incurred. We will consider urgent or time-sensitive circumstances. Nothing in this procedure limits your rights under the Australian Consumer Law or prevents you from contacting a manufacturer, publisher, payment provider, regulator, tribunal or court.

Remote access is optional. We will provide a reasonable alternative diagnostic method where possible.

A 30-day support or notification period does not replace or limit the Australian Consumer Law. Consumer guarantee rights can continue for a reasonable period depending on the product, price, representations made and other circumstances.

For a refund required by law:

• we will not deduct an arbitrary processing, administration or usage fee;

• sale and discounted products receive the same consumer guarantee protections;

• redemption, downloading or account binding does not remove consumer guarantee rights;

• original packaging is not required for a digital product;

• we will not insist on store credit instead of a monetary refund; and

• the refund will be made through the original payment method unless you agree otherwise or that method is not reasonably available.

If a refund is issued for a digital licence, you must stop using the product, remove it from your devices where reasonably possible and not use or disclose the refunded key.

16. Change of mind and incorrect purchases

We do not automatically provide refunds because you:

• changed your mind;

• found a lower price elsewhere;

• no longer require the product;

• purchased the wrong edition, platform, architecture or licence type despite accurate and prominent information; or

• did not meet system requirements that were accurately disclosed before purchase.

There is generally no automatic cooling-off period merely because a purchase was made through a website.

This does not affect any cooling-off right that applies by law, including for a qualifying unsolicited consumer agreement.

This change-of-mind rule also does not apply where:

• a product or service fails to meet a consumer guarantee;

• the product is materially different from its description;

• material information was not properly disclosed; or

• we made an incorrect or misleading representation.

We may choose to offer an exchange, store credit or refund for an incorrect purchase, particularly where the product key has not been disclosed, redeemed or activated.

Any such offer is discretionary and does not reduce your legal rights.

Overseas customers and international TT payments

Where a customer is outside Australia and paid by telegraphic transfer (TT), international bank transfer or another overseas payment method, we do not automatically provide a monetary refund for a change of mind, an incorrect purchase or another situation in which no applicable law requires a refund.

If we choose to approve a discretionary refund in those circumstances, we may offer only store credit. The store credit has no expiry date, may be used toward any product available on the Website, may be used over multiple transactions until the balance is exhausted, and is not subject to inactivity, account-keeping or redemption fees.

This overseas store-credit rule does not apply where a monetary refund is required under the Australian Consumer Law or another applicable law, or where we made a more favourable written promise. In that case, the refund will be returned using the original payment method unless that is not reasonably possible or the customer voluntarily agrees to store credit or another method.

If a refund to the original international account is not reasonably possible, the customer may request payment to a verified Australian bank account. We may require written instructions from the email address associated with the order and reasonable verification of the customer, original payer and nominated account. We may refuse or delay payment to a different or third-party account until we are reasonably satisfied that the instructions are authentic, authorised and lawful.

A remedy may not be available to the extent that a problem was caused by:

• unauthorised use;

• use beyond the purchased allowance;

• customer misuse;

• unlawful use; or

• failure to follow accurate instructions.

This exception does not apply where our product, description or advice caused or contributed to the problem.

17. Installation and remote support

Complimentary installation and activation assistance is available for 30 days after purchase unless the product listing promises a longer period.

Unless a listing states otherwise, the voluntary complimentary remote-support offer includes one remote session for one machine per order.

If multiple licences are purchased, additional remote sessions may be purchased.

After the complimentary period, optional remote support is currently AUD $60 including GST per machine, per session, unless a different price is disclosed and agreed before the session.

These time, session and price limits do not apply where free work is reasonably necessary to:

• provide a remedy under the Australian Consumer Law; or

• fulfil a more favourable written promise made when the product was purchased.

Before remote support begins:

• we will obtain your permission;

• we will explain the general nature of the proposed work;

• you may end the session at any time;

• access will be limited to what is reasonably required for the requested support;

• you should close private files and back up important data where reasonably practicable; and

• our technician must provide the service with due care and skill.

Refusing remote access does not by itself remove your consumer rights.

We may instead request screenshots, error messages, telephone troubleshooting or other reasonable diagnostic information.

18. Gift certificates

Purchased gift certificates:

• will be redeemable for at least three years from the date of supply unless a lawful exception applies;

• will display their expiry date or state that they do not expire;

• will not be subject to prohibited post-supply fees; and

• may be used subject to clear restrictions disclosed before purchase.

Gift certificates are not refundable merely because the purchaser or recipient changes their mind.

This does not exclude any remedy required by the Australian Consumer Law, including where a gift certificate is faulty, inaccessible or materially different from its description.

19. Website use

You must not use the Website:

• for an unlawful, fraudulent or unauthorised purpose;

• to interfere with its security or operation;

• to introduce malware or destructive code;

• to gain unauthorised access to an account or system;

• to collect another person’s personal information unlawfully;

• to impersonate another person;

• to submit false or misleading information; or

• to infringe our rights or the rights of another person.

We may take reasonable technical steps to protect the Website, customers and payment systems.

The Website may occasionally be unavailable for maintenance, security or technical reasons. This does not affect rights connected with accepted and paid orders.

20. Reviews

If you submit a product review, you confirm that it is based on your genuine experience and does not contain unlawful, defamatory, abusive, misleading or infringing material.

You grant us a non-exclusive, royalty-free licence to display and format the review on the Website and related marketing channels.

We will not materially change the meaning of a review.

We may decline or remove a review where we reasonably believe it is:

• fraudulent;

• unlawful;

• abusive;

• unrelated to the product;

• submitted by a person who did not have the stated experience; or

• disclosing personal or confidential information.

We will not remove a genuine review merely because it is critical.

21. Intellectual property and third-party brands

The Website’s original text, layout, graphics and other content are owned by or licensed to Software Mart Australia and are protected by applicable intellectual property laws.

Software, product names and trademarks belong to their respective publishers or owners.

Use of a publisher’s name or trademark identifies the relevant product and does not by itself mean that the publisher operates, authorises or endorses this Website.

Your use of third-party software remains subject to its publisher’s applicable licence terms.

Those publisher terms govern use of the software but do not remove:

• our obligations as the retailer;

• an express promise made by us; or

• your rights under Australian law.

22. Third-party websites and services

The Website may link to independent publisher, support or information websites.

We do not control those websites and are not responsible for their independent content, availability or privacy practices.

This section does not limit our responsibility for:

• products or services we supply;

• representations we make; or

• matters for which we are responsible under the Australian Consumer Law.

23. Privacy and security

We handle personal information in accordance with our Privacy Policy and applicable privacy laws.

Payment and account information must be accurate and current.

You are responsible for keeping your account password confidential and notifying us promptly if you believe your account has been used without authorisation.

Where remote support may allow a technician to view personal information, access will be limited to what is reasonably necessary for the requested support.

Our Privacy Policy should be read before submitting personal information or requesting remote assistance.

24. Suspension or termination

We may suspend access to an account or the Website where we reasonably believe this is necessary because of:

• fraud or unauthorised payment;

• a security risk;

• unlawful conduct;

• a material breach of these Terms; or

• a legal requirement.

Where reasonably practicable, we will explain the reason and provide an opportunity to address the issue.

Suspension or termination does not remove rights relating to:

• an accepted and paid order;

• an existing consumer guarantee claim;

• a refund already due; or

• another accrued legal right.

25. Liability

Nothing in these Terms excludes or limits:

• a right or remedy that cannot lawfully be excluded;

• liability for fraud or wilful misconduct; or

• liability for reasonably foreseeable loss or damage caused by a failure to comply with a consumer guarantee.

To the extent permitted by law, we are not responsible for loss caused solely by:

• use beyond the purchased licence or activation allowance;

• unauthorised sharing or resale of a product key;

• incompatibility that was accurately and prominently disclosed before purchase and about which we gave no contrary advice;

• customer misuse or unlawful use; or

• an independent third-party service or change outside our reasonable control, unless we represented that the product would continue to dependably provide that service or the law otherwise makes us responsible.

Each party must take reasonable steps to minimise avoidable loss.

26. Changes to these Terms

We may update these Terms to reflect changes to the Website, our products, business practices or the law.

Changes apply prospectively and do not retrospectively remove rights under an order already accepted.

The version that applies to an order is generally the version presented when the order was placed.

If a material change affects an ongoing paid service, we will provide reasonable notice.

Where the change is materially detrimental, we will seek your agreement or allow you to cancel the affected service and receive an appropriate refund of any unused prepaid amount.

27. General provisions

If part of these Terms is found to be unlawful or unenforceable, that part will be read down or severed to the minimum extent necessary. The remaining provisions continue to apply.

A delay in exercising a right does not waive that right.

Nothing in these Terms excludes liability for a representation or promise on which a customer was legally entitled to rely.

28. Governing law and disputes

These Terms are governed by the laws of Victoria and the applicable laws of the Commonwealth of Australia.

Nothing in this section prevents you from using a court, tribunal, consumer protection agency or other forum available under the law of your state or territory.

If you have a complaint, please contact us so that we can try to resolve it.

You may also contact Consumer Affairs Victoria or the consumer protection agency in your state or territory.

29. Contact details

Software Mart Australia
ABN 43 657 323 491
28 Marquands Road
Truganina VIC 3029
Australia

Email: hello@softwaremart.com.au
Toll-free: 1300 849 283
Website: https://softwaremart.com.au/