1. Terms and Conditions of Use
As consideration for allowing you (User) to view the Content on our website, located at the url www.smarterbusinesssoftware.com.au (Site), Users agrees to the following terms and conditions of use (Terms and Conditions).
The Site is operated by Smarter Business Software Pty Ltd ACN 605 751 246 (We, Us, Our) and provides Users with access to the Content and Facilities on the Site pursuant to a non-exclusive, world-wide, non-transferable licence contained in these Terms and Conditions.
By viewing the Content, using the Facilities on the Site or creating an Account, Users acknowledge and agree that they have had sufficient opportunity to read and understand these Terms and Conditions, and that they are legally able to agree to be bound by them. If you do not agree to these Terms and Conditions, please leave this Site immediately.
Account means an account created by the User for the purposes of accessing the Sites enhanced Content and Facilities.
Content means text, data, speech, music or other sounds, visual images (animated or otherwise) in any form, or in any combination of forms as defined in Schedule 7 of Broadcasting Services Act 1992 (Cth).
Facilities means any feature that appears on the Site that enables users to access or use the Content.
2. Permitted use
(a) Unless otherwise indicated, We reserve all copyright in the Content and design of the Site. We own all such copyright or provide it to Users under the terms of a limited licence embodied in these Terms and Conditions each time Users visit the Site.
(b) Users may download, print or copy Content provided on the Site for their own use. Unless provided with a mechanism to do so, Users must not sell, lease, furnish or otherwise permit or cause others to provide access to the Site.
(c) Users must not use, reproduce, communicate, publish, or distribute any of the Content on our Site, unless this constitutes a fair dealing for the purposes of the Copyright Act 1968 (Cth)(Act). In particular, Users must not reproduce or use any of the information on our Site for commercial benefit.
(d) Other than for the purposes of and subject to the conditions prescribed under the Act or as otherwise provided for in these Terms and Conditions, no part of the Content may in any form or by any means (including framing, screen scraping, electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system or transmitted without prior written permission.
3. Use of Account
3.1 Account and Password
Users agree to keep any passwords provided by the Site confidential. Users are expressly prohibited from sharing their account details with third parties.
3.2 Termination of Account
(a) We reserve the right to limit, cancel, suspend or terminate an Account without notice to the User and without providing a reason if We believe the User is breaching any of these Terms and Conditions or are of the opinion that the Users use of the Account may be a breach of a third party’s intellectual property rights.
(b) The User agrees not to hold Us liable for claims, demands or damages (including actual and consequential) of any kind for the closing of a Account.
4. Prohibitions on use
This Site and the information and Facilities contained herein must not be used in any manner that infringes Our rights.
Users must not:
(a) data mine or conduct automated searches on our Site or the Content on our Site, whether through the use of additional software or otherwise;
(b) frame or mirror our Site;
(c) tamper with, hinder the operation of, or make unauthorised modifications to the Site or any of its Content;
(d) transmit any virus, worm or other disabling feature to or via our Website;
(e) abuse, defame, harass, stalk, threaten or otherwise violate our legal rights;
(f) advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters from our Site or the domain;
(g) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded by a User;
(h) use our Site to send commercial, unsolicited or bulk electronic messages to anyone or in any other way which would constitute an infringement of the Spam Act 2003 (Cth);
4.2 RSS Feeds
If Users utilise any of the Facilities on the Site such as RSS Feed(s)(Feed) that may or may not (as the case may be) be available from time to time, the format of the Feed must not be interfered with. Users must include the back link to the full article on the Site and show any included attestation.
We may be the owner of several common law (or where indicated), registered trade marks which appear on the Site. Unauthorised use of these trademarks will infringe Our intellectual property rights. We reserve the right to take action against Users for any infringement of Our intellectual property rights.
6. Provision of service
(a) We may without notice suspend access to the Site or disconnect or deny Users access to any part of the Site during any technical failure or maintenance period.
(b) We may also choose at Our sole discretion to block or deny any particular Users with access to any of the Content or Facilities contained on the Site.
(c) We may make improvements and or changes to Site and the Content at any time without notice. We do not warrant that the information architecture or navigation will not change now or at any time in future.
7. Disclaimer and limitation of liability
7.1 No duty of care
(a) Users access the Site at their own risk and are responsible for compliance with the laws of their jurisdiction in addition to those contained in these Terms and Conditions.
(b) We make the Site available for Users to use, however we do not assume a duty of care to Users. We make no representation and provide no warranty regarding the quality, accuracy, completeness, merchantability or fitness for purpose of the Content on the Site.
(c) If relying on the Content, Users must make their own investigations to ensure its accuracy before relying on it.
7.2 Disclaimer of warranties
Users expressly acknowledge and agree that, to the maximum extent permitted by law:
(a) their use of Our Site is at their sole risk. The service is provided on an “as is” and “as available” basis. We and our officers, employees and agents expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
(b) We and our officers, employees and agents make no warranty that:
(i) the Content will meet Users requirements;
(ii) the information contained in the Content is accurate or reliable;
(iii) the Content will be uninterrupted, timely, secure or error-free;
(iv) the quality the Content, or other material obtained by Users through the Site will meet your expectations; and
(v) any errors will be corrected;
(c) any Content downloaded or otherwise obtained through the use of the Site is accessed at the Users’ own discretion and risk, and the User will be solely responsible for any damage to their computer or loss of data that results from the download of the Content; and
(d) no advice or information, whether oral or written, obtained by Users from Us or through or from the Content creates any warranty not expressly stated herein;
7.3 Limitation of liability
(a) Except for certain statutory warranties under consumer protection laws We do not provide any guarantee or warranty or make any representation of any kind, either express or implied, in relation to that Content or Users use of the Content on this Site.
(b) Subject to any claims available under consumer protection laws, We and our officers, employees and agents are not liable for any loss or damage, including, but not limited to, direct, indirect or consequential losses including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and an increased operating cost, personal injury or death, however suffered or sustained in connection with:
(i) any inaccurate or incorrect information provided on the Site;
(ii) Users use of the Content;
(iii) any failure or delay including, but not limited to, the use or inability to use any of the Content;
(iv) any interference with or damage to Users’ computer systems which occurs in connection with use of this Content;
(v) the cost of procurements of substitute goods and Content resulting from any goods or Content purchased or obtained through the Content;
(vi) any unauthorised access to or alteration of your Account information;
(c) For claims that cannot be excluded or restricted under consumer protection laws, Our liability for such a claim will (at Our option and to the extent permitted by law) be limited to:
(i) in the case of goods:
I. repairing or replacing those goods; or
II. paying the cost of having those goods repaired or replaced; and
(ii) if the breach relates to Content:
I. resupplying those or equivalent Content; or
II. paying the cost of having those Content resupplied.
7.4 Links to third party Sites
(a) We do not represent that the Content on other websites to which Our Site contains links to does not inadvertently infringe the intellectual property rights of any person anywhere in the world.
(b) By inadvertently linking to infringing third party content, We are not authorising infringement of any intellectual property rights contained on those websites. Please contact Us at firstname.lastname@example.org to notify Us of any links you allege are infringements.
8. Miscellaneous provisions
8.1 Access to the Site outside the Jurisdiction
No representation or warranty is made that the Content on the Website complies with the laws of any country outside of Australia. If Users access the Site from outside Australia, they do so at their own risk.
8.2 Changes to Terms and Conditions
We may change the Terms and Conditions at Our discretion by providing notice on Our Website. The version of the Terms and Conditions that applies to Users will be available on the Site each time a User visits the Site.
8.3 Entire agreement
These Terms and Conditions and any warranties implied by law which are not capable of being excluded or modified amount to the entire agreement with the Users. Any contact with Our Officers, Agents or Authorised Representatives that includes any statements representations, warranties (if any) whether expressed or implied, including any collateral agreement or warranty, with reference to the subject matter or the intentions of either of the parties are merged and otherwise are excluded and cancelled by those contained in these Terms and Conditions.
By using the Site, Users indemnify Us and Our respective officers, employees, subsidiaries and agents against any claim or proceeding that is made, threatened or commenced, and any liability, loss, damage or expense (including reasonable legal costs on a full indemnity basis) that We may incur or suffer as a direct or indirect result of:
(i) a breach of these Terms and Conditions;
(ii) an actual or alleged breach by Users of any law, legislation, regulation, by-law or code of conduct caused by data uploaded or downloaded from the Site;
(iii) any claims brought by or on behalf of any third party relating to any act or omission by Users, including breach of a third parties copyright or trade mark.
8.5 Governing law and jurisdiction
The laws of Queensland and Australia govern this Agreement. Users submit to the non-exclusive jurisdiction of the Supreme Court of Queensland and the Federal Court of Australia.
If any part of these Terms and Conditions are found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of the document and the severed part will not affect the validity and enforceability of the remaining terms and conditions.
If We do not act in relation to a particular breach by Users of these Terms and Conditions, this will not be treated as a waiver of Our right to act with respect to subsequent or similar breaches.