Terms of service

Terms & Conditions

These Terms set out the basis on which we provide our website and products to you, wherever you're shopping from. Please take a moment to read them — by using our website or placing an order, you agree to them.

Last updated: 30 June 2026

Your consumer rights come first. Nothing in these Terms is intended to limit or exclude any rights you may have under applicable consumer protection laws. Where Australian Consumer Law applies, your rights continue to apply.

1. Acceptance of Terms

These Terms & Conditions apply to your use of the My Smoko Mate website ("we", "us", "our") and to every order you place with us. By browsing the site, creating an account or buying from us, you confirm you accept these Terms, along with our separately published Refund Policy, Warranty Policy, Privacy Policy and Shipping Policy. If you don't agree with them, please don't use the site or place an order.

2. Website Use

You're welcome to use our website for browsing and shopping. In return, you agree not to use it unlawfully, interfere with its operation or security, or copy or reuse our content without our written permission. We work to keep the site available, but we don't guarantee it will always be uninterrupted or error-free, and we may update, change or withdraw parts of it at any time.

While we take care to keep the website accurate, it may occasionally contain typographical errors, inaccuracies or omissions relating to descriptions, pricing or availability. We may correct any such errors and update the site at any time without notice, including after an order has been submitted (see Pricing & Payment and Orders & Acceptance).

3. Product Information

My Smoko Mate is a rechargeable, cordless heated lunchbox designed to heat or warm prepared meals. It is intended only for heating or warming food that has already been properly prepared — it is not intended to cook raw food. Food safety remains your responsibility: you are responsible for preparing, storing and handling your food safely, and for ensuring it is safe to eat.

To get the best from your lunchbox and keep it working safely, please note:

  • Heating times are estimates only, and performance may vary with food type, quantity, starting temperature and ambient conditions.
  • Battery performance naturally varies over time and between different usage conditions.
  • Use the product only as intended and in accordance with the user instructions.
  • Charge the product only with charging equipment that is compatible with, and meets the charging specifications stated by, My Smoko Mate. Do not use damaged chargers or cables.
  • The product is intended for personal, household use and for adults. Children should only use it under direct adult supervision.
  • Food and surfaces can become hot — you are responsible for the safe handling of hot food and hot surfaces.
  • Do not modify, dismantle, or have the product repaired by unauthorised persons.

We continually improve our products and may change specifications, materials, components or packaging from time to time without notice. Minor variations in appearance or specification are normal and are not a fault. Products are subject to availability, and we may limit quantities or withdraw a product at any time.

4. Pricing & Payment

All prices are shown in Australian Dollars (AUD) unless stated otherwise. If you order from outside Australia, your bank or card provider may apply currency conversion, and you may be responsible for any import duties or taxes (see International Orders). Prices may change from time to time, but changes won't affect orders we've already accepted.

Payment is processed securely through our payment providers, and your order is placed once payment is authorised. If a genuine pricing or description error occurs, we'll let you know before dispatch and give you the choice to proceed at the correct details or cancel for a full refund.

5. Orders & Acceptance

When you place an order, you're making an offer to buy. A contract is formed when we confirm that your order has been dispatched — an order or payment confirmation simply tells you we've received it. We may decline or cancel an order before dispatch, for example where an item is out of stock, a pricing or description error has occurred, or we suspect fraud or unauthorised payment. If we cancel an order you've already paid for, we'll refund it in full.

If you change your mind, you may ask us to cancel your order before it has been dispatched by contacting us promptly; where it hasn't yet shipped, we'll cancel and refund it. Once an order has been dispatched, our Refund Policy applies.

6. Shipping & Delivery

Delivery times and costs are shown at checkout and are estimates provided by our carriers. Once an order leaves us, delivery is in the carrier's hands, and timeframes can be affected by factors outside our control. Where we offer delivery outside Australia, any additional terms, timeframes, duties or taxes will be shown at checkout or set out in our Shipping Policy, which contains the full details.

7. Returns & Refunds

Returns and refunds are handled in line with applicable consumer protection laws and our separate Refund Policy, which explains when a return, repair, replacement or refund applies and how to make a request. Where Australian Consumer Law applies, your rights under it continue to apply. Please refer to that policy for the full details.

8. Warranty

In addition to any rights you may have under applicable consumer protection laws, we provide a voluntary warranty, set out in our separate Warranty Policy. To the extent permitted by law, our voluntary warranty does not cover damage caused by misuse, abuse, neglect, accidents, dropping, crushing, incorrect charging, water immersion, unauthorised modification or repair, or failure to follow the instructions, and it excludes commercial, rental or other unintended use. None of this affects any rights or guarantees you have that cannot be excluded by law.

9. Intellectual Property

All content on this website — including the My Smoko Mate name, logo, product photography, graphics, text and design — belongs to us or our licensors and is protected by law. You may not copy, reproduce, modify, distribute or use it commercially without our prior written permission. We value our intellectual property and that of our licensors, and will take steps to protect and enforce it where necessary.

10. Limitation of Liability

Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, including any liability for death or personal injury that cannot be excluded.

Subject to that, and to the maximum extent permitted by law, where we are liable for a failure to meet a consumer guarantee or equivalent statutory right in relation to goods (other than one the law does not allow us to limit), our liability is limited, at our option, to repairing the goods, replacing them, supplying equivalent goods, or paying the reasonable cost of doing so. To the maximum extent permitted by law, we are not liable for any indirect, incidental or consequential loss arising from the use of, or inability to use, the product.

11. Indemnity

To the maximum extent permitted by law, you agree to indemnify us against any loss, claim or liability arising from your misuse of the product, your breach of these Terms, or your unlawful use of the product or our website — except to the extent the loss is caused by us.

12. Force Majeure

We are not responsible for any delay or failure to meet our obligations caused by events beyond our reasonable control, such as natural disasters, extreme weather, fire, flood, pandemics, government action, utility or telecommunications failures, industrial action, or carrier or supplier disruptions. While such an event continues, our affected obligations are paused, and we'll take reasonable steps to resume as soon as we can.

13. International Orders

We're proud to be an Australian business, and we welcome customers from elsewhere. If you access our website or buy from outside Australia, you do so on your own initiative and are responsible for complying with the laws of your own country, including any import requirements, duties and taxes. You agree not to use, export or re-export the product in breach of any applicable export control or sanctions laws. Some mandatory consumer protections in your country of residence may also apply to your purchase, and nothing in these Terms limits those where they cannot lawfully be excluded.

14. Privacy

We respect your privacy and handle your personal information in line with applicable privacy laws, including the Australian Privacy Principles. How we collect, use and protect your information is explained in our separate Privacy Policy.

15. Changes to These Terms

We may update these Terms from time to time to reflect changes in our products, our business or the law. The current version is always the one published on this page, with its effective date. Changes apply from the date they're posted, and the Terms that applied when you placed an order continue to govern that order.

16. General

  • Entire agreement: these Terms, together with the policies they refer to, make up the entire agreement between us about their subject matter.
  • Waiver: if we don't enforce a right, that doesn't mean we've waived it.
  • Severability: if any part of these Terms is found to be invalid or unenforceable, it is read down or removed only so far as necessary, and the rest continues to apply.
  • Assignment: you may not transfer your rights or obligations under these Terms without our consent; we may transfer ours in connection with a sale or restructure of the business.
  • Electronic communications: you agree that we may communicate with you electronically, and that electronic records satisfy any requirement for written communication.

17. Governing Law

These Terms are governed by the laws of South Australia and the Commonwealth of Australia, and you and we submit to the non-exclusive jurisdiction of the courts of South Australia. If you're shopping from outside Australia, this doesn't take away the protection of any mandatory laws of your home country that apply to you and cannot be excluded by agreement.

18. Contact Information

We're here to help, and most issues are resolved quickly. If something isn't right with your order, please contact us first at support@mysmokomate.com and give us a reasonable opportunity to put it right before initiating a payment dispute or chargeback. We'll always do our best to sort things out with you directly.