1.1 In this document, the following words shall have the following meaning, unless indicated otherwise:
- “Agreement” means these Terms;
- “Post” means uploading, publishing or displaying on or through the Site, or transmitting to or sharing with other users;
- “Privacy Act” means the Privacy Act 1988 (Cth) (as amended from time to time);
- “Related Body Corporate” has the same meaning as in the Corporations Act 2001 (Cth);
- “Sensitive Information” means information or an opinion about an individual’s racial or ethnic origin, political opinions, membership of a political association, religious beliefs or affiliations, philosophical beliefs, membership of a professional or trade association, membership of a trade union, sexual orientation or practices, criminal record, health information, genetic information which is not otherwise health information, biometric information or biometric templates;
- “Site” means our website located at www.smartworker.com.au;
- “Us” or “we” means Smartworker Pty Ltd A.C.N. 102 198 041; where the context permits, the term includes any Related Body Corporate;
- “Site Content” means any material of any kind whatsoever Posted by us and includes User Content;
- “You” means the user of the Site.
- Use of Site
2.1 These Terms govern your use of our Site (including layout, individual design elements, underlying code and text, sounds, graphics or any content whatsoever)
2.2 For that reason, these Terms are important and You should ensure that You read them carefully and contact us with any questions before You use the Site. You can contact us on firstname.lastname@example.org.
2.3 By using the Site, You acknowledge and agree that You have had sufficient chance to read and understand these Terms and You agree to be bound by these Terms.
- Licence to use Site
3.1 We grant You a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with these Terms.
3.2 You may access and use the Site by viewing it and using on your web browser in the normal manner, and You may electronically copy and / or print one copy of any page within the Site solely for your own personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication or display of the content of this Site is strictly prohibited without our prior written consent (which may be withheld in our absolute discretion).
3.3 You agree that You will not use the Site to:
- collect personal or sensitive information of other users of the Site by any means for any purposes;
- use the Site in any unlawful manner or in any other manner which could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Site;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- any unsolicited or unauthorised advertising, solicitation, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation;
- make available any material that contains any kind of viruses or any other computer code, files or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- any content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; or
- anything which, in our sole judgement, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose us or other Site users to any harm or liability of any type.
- We have no relationship with the owners or operators of the third party sites or control over or rights in those websites; and
- links to third party site should not be construed as a recommendation, endorsement or approval by Us or preference by Us of the owners or operators of the site, or for any information, goods or services referred to on those other sites.
3.5 You acknowledge and agree that:
- We may alter, amend or cease the operation of the Site, at any time, in our sole discretion; and
- the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
3.6 If You express interest in our services (including subscription services) through your use of this Site, You consent to us sending commercial electronic messages (including message about our services and the goods and services of third parties) to electronic addresses which You have provided to us for which You or your employee are the relevant electronic account holder.
- Intellectual Property Rights
4.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between You and us, we own all intellectual property rights in the Site.
4.2 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if You add any content in which any third party has moral rights, You must also ensure that the third party also consents in the same manner.
5.1 You represent and warrant to us that:
- (You have the legal capacity to enter these Terms; and
- You will comply with clause 3.3.
- Restricted access
6.1 Access to certain areas of this Site may be restricted. We reserve the right to restrict your access to any areas of this Site, or the entire Site, at our absolute discretion.
6.2 If we provide You with a username and password to enable You to access restricted areas of this Site or other content or services, You must ensure that the username and password are kept confidential.
6.3 We may disable your username and password at any time, and in our sole and absolute discretion, without notice to You.
- No warranties
7.1 We make no representations or warranties in relation to this Site or the information and materials displayed or Posted on the Site or any User Content provided on this Site.
7.2 Without prejudice to clause 7.1, we do not warrant that:
- this Site will be constantly available, or available at all; or
- the information on this Site is complete, true, accurate or non-misleading.
7.3 Nothing on this Site constitutes, or is meant to constitute, advice of any kind. If You require advice in relation to any legal or financial matter, You should consult an appropriate professional.
- Breach of terms
8.1 Without prejudice to any of our rights under these Terms, if You breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against You.
9.1 Your access to this Site is at your own risk. The information contained in this Site is provided by us in good faith on an “as is” basis. The information is believed to be accurate ad current at the date the information was placed on this Site. From time to time, we may change the information on the Site without notice. However, we do not undertake to keep this Site updated. We make no representation or warranty as to the reliability, accuracy or completeness of the information contained on this Site or that the Site will be uninterrupted or error free. To the extent permitted by law, all representations, warranties and other terms are excluded.
10.1 You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by You of these Terms or arising out of any claim that You have breached any provision of these Terms.
11.1 To the full extent permitted by law, we exclude all liability to You or anyone else with respect to any losses, damages, liabilities, claims and expenses, however caused (including through negligence) which may be directly or indirectly suffered in connection with use of this Site or third party site which are linked from this Site. This limitation applies to direct, indirect, consequential, special, punitive or other damages which You or others may suffer as well as damages from loss of data or information, loss of profits, interruption of business.
11.2 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
11.3 We are not liable to You or anyone else if interference with or damages to your computer system occurs in connection with use of this Site or a linked third party site. You must take your own precautions to ensure that whatever you select for your use from this Sit is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer system.
11.4 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
- in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of having the goods repaired, and
- in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again
- in the case of goods:
12.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.
12.2 We may otherwise terminate these Terms immediately, on notice to You, if You have breached these Terms in any way.
14.1 You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
14.2 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
14.3 Each party must at its own expense do everything reasonably necessary to give full effect to these Terms and the events contemplated by it.
14.4 We may revise these Terms from time to time. Revised terms will apply to the use of this Site from the date of publication of the revised terms on this Site. Please check this page regularly to ensure that You are familiar with the current version.
14.5 We may transfer, subcontract or otherwise deal with our rights and/or obligations under these Terms without notifying You or obtaining your consent. You may not transfer, subcontract or otherwise deal with your rights and/or obligations under these Terms.
14.6 This Agreement is governed by the laws of Queensland and each party submits to the jurisdiction of the courts of Queensland.
14.7 This Site may be accessed throughout Australia and overseas. We make no representations that the content of this Site complies with the laws of any country outside Australia. If you access this Site from outside of Australia, You do so at your own risk and are responsible for complying with the laws in the place where You access the Site.