SmartCompany.com.au (Website) is owned and operated by Private Media Pty Ltd (ACN 102 933 362) (Private Media). In this policy, “us” “we” or “our” means Private Media.
You understand and agree that all material, information and data accessed or used by, or provided to, you through the Website (the Website Content) is the intellectual property of Private Media or any relevant third parties from whom Private Media may license that Website Content.
You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Website Content (either in whole or in part) unless you have been specifically told that you may do so by Private Media or by the owners of that Website Content, in a separate agreement.
You understand that by using the Website you may be exposed to Website Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website, including obtaining and using any information, products and services, at your own risk.
Unless otherwise indicated, all intellectual property in the Website is owned or licensed by Private Media. Subject to these Terms, Private Media grants you a non-exclusive, non-transferable, limited licence (Licence) to view, download and use information directly accessible through the Website.
You agree that, subject to your use of the Website in accordance with the limited Licence granted to you, you will not infringe Private Media’s intellectual property in the Website and will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained in it or otherwise use the Website in a way which will infringe Private Media’s intellectual property or other rights.
Any of the trademarks or logos displayed on the Website may be registered or unregistered marks of Private Media. You may not use these trademarks or logos without the express permission of Private Media. Any unauthorised use of the trademarks or logos is strictly prohibited.
- is defamatory, fraudulent, unlawful, threatening, intimidating, harassing, harmful, hateful, abusive, tortious, vulgar, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent, degrading;
- infringes the intellectual or other proprietary interests of third parties;
- impersonates another person or entity, attempts to solicit personal information from another user, contains sexually explicit language or images, advertises or promotes the sale of products or services such as firearms, tobacco or alcohol, adult products and services and any other products or services Private Media considers to be inappropriate;
- contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Website or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Website or otherwise breaches or encourages other users to breach these Terms;
- violates any law, statute or regulation;
- forges information to disguise the origin of any User Content; and
- encourages or incites any other person to engage in any of the above behaviour.
You grant Private Media a non-exclusive, worldwide, perpetual, irrevocably, royalty-free, sub-licensable right to exercise the copyright you have in any User. You also agree to waive any moral rights or similar rights you may have or may acquire in the future in that User Content in favour of Private Media.
Except as provided by law, the Website is provided “as is” and without any express or implied warranty of any kind.
Private Media does not warrant that access to or use of the Website will be uninterrupted or error free or that the Website or any material on or accessible through the Website is free from errors or viruses, worms, trojan horses or other harmful components.
You acknowledge that your access to and use of the Website (including the software operating in connection with the Website) may be interfered with by numerous factors outside of Private Media’s control.
Private Media does not warrant anything about the reliability, accuracy, completeness, timeliness, quality, physical state or suitability for a particular purpose of any material on or accessible through the Website.
You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Website or the material on or accessible through the Website.
Limitation of Liability
You agree that Private Media is not liable to you or anyone else for any loss or damage (including, without limitation, any direct, indirect, special or consequential loss) arising as a result of breach of these Terms, in tort (including negligence) or otherwise arising out of, or in connection, with:
- the use of the Website;
- the use by Private Media of information provided by you to Private Media through the Website;
- being unable to access the Website for whatever reason and however arising, including (without limitation) negligence; and
- the use of your Website password by you or any third party to whom you have made the password available.
Subject to the Competition and Consumer Act 2010 (Cth), Private Media expressly limits its liability for breach of a condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at Private Media’s sole discretion):
- in the case of goods, any one or more of the following:
(i) the replacement of the goods or supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the costs of replacing the goods or acquiring equivalent goods; or
(iv) the payment of the costs of having the goods repaired.
- in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
You indemnify Private Media against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by Private Media, arising from, or which is directly or indirectly, related to:
- your breach or non-observance of any term of these Terms; or
- any breach or inaccuracy in any representations or warranties made to Private Media.
Suspension or termination of access
The Website, including e-Newsletters, may feature or display third party advertising. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Private Media, nor its officers, employees, agents ore related bodies corporate recommend or endorse the goods or services that may be advertised on the Website, nor do they offer the goods or services for sale of make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Website, you do so at your own risk.
Private Media may from time to time run competitions or other promotions on this Website. These will be subject to additional terms and conditions that will be made known to you at the relevant time.
No waiver of any breach of these Terms will be construed as a waiver of any other breach of these Terms.
These Terms are governed by the laws of the State of Victoria, Australia and any claim made by either party against the other which in any way arises out of the Terms will be heard in Victoria and you agree to submit the jurisdiction of those courts.
These Terms were last updated on 4 February 2016.
For further information on using this site, please contact:
Level 6, 22 William St,
Melbourne VIC 3000
PH: 1800 985 502