PLEASE BE AWARE THAT THESE TERMS AND CONDITIONS RELATE SOLELY TO THIS WEBSITE'S USAGE AND ARE IN NO WAY RELATED TO THE ANY OTHER SERVICE AGREEMENT OR CONTRACT THAT MAY EXIST BETWEEN YOU AND SMARTERSOFT.
Intellectual property and restrictions on use of content
All information, text, material, graphics, images, photos, software and advertisements on This Site ("Content") are Copyright (c) 2016 SmarterSoft, its suppliers and/or licensors unless expressly indicated otherwise on This Site. The Content is protected by Australian and international copyright and trademark laws. Content on This Site is published in real-time, and you must not modify, copy, reproduce, republish, frame, upload to a third-party, post, transmit or distribute this Content in any way except as expressly provided for on This Site or expressly authorised in writing by SmarterSoft or its affiliates.
Strictly on the condition that you keep all Content intact and in the same form as presented on This Site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may:
- using an industry-standard Web browser, download and view the Content for your personal, non-commercial use, or
- if you are an Internet service and/or access provider, supply the Content to your subscriber.
You must not use This Site in any manner or for any purpose, which is unlawful or in any manner which violates any right of SmarterSoft or an affiliate or which is prohibited by the Terms and Conditions.
This Site may from time to time contain electronic bulletin boards, chat rooms and other communication facilities, which provide for feedback to SmarterSoft by users of This Site and SmarterSoft's software. This Site may also from time to time, provide real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("Communication Facilities").
It is a condition of your use of these Communication Facilities and your access to This Site that you do not do any of the following:
- Restrict or inhibit any other user from using or enjoying This Site
- Post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law
- Post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder
- Post or transmit any material of any kind which contains a virus or other harmful component
- Post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising
- Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded
- Download any file posted by any other user of This Site if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner
SmarterSoft may from time to time monitor or review the contents of its Communication Facilities. SmarterSoft reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in SmarterSoft's sole discretion is in any way objectionable or in violation of any applicable law or the Terms and Conditions. SmarterSoft has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is SmarterSoft responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on This Site are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.
SmarterSoft reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
User license to SmarterSoft
By placing any information or other material on This Site (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to SmarterSoft a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to do the following in respect of the information or material:
- Use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and
- Sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted; and
- Develop, manufacture and market products and services derived from trends contained in such information.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favor of SmarterSoft and any other party authorised by SmarterSoft all moral rights and any similar rights in any jurisdiction, which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of SmarterSoft, you will execute and deliver to SmarterSoft such instruments and take such other actions as may be required to carry out this grant of license and waiver.
Advertising, links to third party web sites and e-commerce offers
This Site contains hyperlinks and other pointers to Internet web sites operated by third parties. These linked web sites are not under the control of SmarterSoft, and SmarterSoft is not responsible for the contents of any linked web or any hyperlink contained in a linked web site. SmarterSoft provides these hyperlinks to you as a convenience only, and the inclusion of any link does not imply any endorsement of the linked web site by SmarterSoft or its affiliates. You link to any such web site entirely at your own risk.
No third party advertising (including referral buttons and embedded hyperlinks) is a recommendation or endorsement by SmarterSoft or its affiliates or their respective directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.
Disclaimer and limitation of liability
Legislation may confer rights and remedies on you in relation to the provision by SmarterSoft of goods or services on This Site, which cannot be excluded, restricted or modified ("Non-excludable Rights"). SmarterSoft does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
- all Content is provided "as is" and without warranties of any kind, either express or implied, for example all images of products provided on this site are indicative only, and variations will exist between the image and the real product;
- SmarterSoft and its suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
- SmarterSoft does not warrant that the functions contained in any Content or any Communications Facility or your access to This Site will be uninterrupted or error-free, that any defects will be corrected or that This Site or the server which stores and transmits Content to you are free of viruses or any other harmful components;
- SmarterSoft does not warrant or make any representation regarding your access to, or the results of your access to, This Site (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise; and you (and not SmarterSoft) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the part of SmarterSoft) will SmarterSoft or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, This Site or any Content. You expressly acknowledge and agree that SmarterSoft does not exert control over users of This Site (including individuals referred to on This Site as guests and experts) and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, SmarterSoft's liability for breach of any implied warranty or condition, which cannot be excluded, is limited at the option of SmarterSoft to the following:
In the case of services supplied or offered by SmarterSoft;
- the supply of the services again; or
- the payment of the cost of having services supplied again; and
In the case of goods supplied or offered by SmarterSoft;
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or acquiring equivalent goods; or
- the payment of the cost of having the goods repaired.
The Terms and Conditions are effective until terminated by SmarterSoft, and SmarterSoft may terminate this agreement and your access to This Site at any time without notice. In the event of termination, you are no longer authorized to access This Site, but all restrictions imposed on you, licenses granted by you and all SmarterSoft disclaimers and limitations of liability set out in the Terms and Conditions will survive.
Trademarks of SmarterSoft and its affiliates
The trademarks listed below are trademarks of SmarterSoft or its affiliates (as indicated). All other trademarks displayed on This Site are trademarks of their respective owners. Nothing contained on This Site should be construed as granting any license or right of use of any trademark displayed on This Site without the express written permission of SmarterSoft, the relevant SmarterSoft affiliate or third-party owner.
Trademarks: SmarterSoft, the SmarterSoft logo and 'Work Smarter, Not Harder'.
SmarterSoft relies on your continued observance of these Terms and Conditions. If SmarterSoft suffers any loss or damage or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation then you agree to indemnify SmarterSoft for those losses, damages and costs.
This agreement will be governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. If any provision of this agreement is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the agreement, which will continue in full force and effect.
All rights not expressly granted herein are reserved.