Terms and Conditions

Agreement to These Website Terms of Use

By accessing and using this website, you agree to be bound and comply with these terms of use (“Website Terms of Use”). These Website Terms of Use constitute a binding agreement between you and SMD Consulting and govern your use of this website.

If you do not agree with these terms, you should not use this website.

Privacy Policy

As part of these Website Terms of Use, your use of this website is also subject to our Privacy Policy (located at www.smdconsulting.com.au/privacy-policy).

Website Content

The content on this website is provided for general informational purposes only and does not constitute professional, legal, financial, or business advice.

Users should obtain independent professional advice relevant to their circumstances before relying on any information contained on this website.

Intellectual Property

In these Website Terms of Use, the term "Proprietary Content" means:

• this website;
• all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this website, and the selection and arrangement thereof); and
• all software, systems and other materials owned by or licensed to SMD Consulting and used in connection with this website and its services

All Proprietary Content is the property of SMD Consulting or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of SMD Consulting or other copyright owner (as applicable).

You may download and print out content from this website only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

You may not reproduce, distribute, modify, or use website content without prior written consent from SMD Consulting.

Copyright Claims

If you believe that any material on this website infringes your copyright, please contact us with sufficient details to identify the material and the rights you claim. We will review and, where appropriate, remove or restrict access to the material.

Disclaimer

This website is provided strictly on an "as is" basis. To the maximum extent permitted by law, SMD Consulting and its employees, agents, consultants, licensors, partners and affiliates make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this website or any of its content, and in particular do not represent, warrant or guarantee that:

• the use of this website will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
• this website will meet your requirements or expectations;
• anything on this website, or on any third-party website referred or linked to in this website, is reliable, accurate, complete or up-to-date;
• the quality of any products, services, information or other material purchased or obtained through this website will meet any particular requirements or expectations;
• errors or defects will be corrected; or
• this website or the servers that make it available are free of viruses or other harmful components.

Information may change without notice.

Limitation of Liability

To the maximum extent permitted by law, SMD Consulting and its employees, agents, consultants, licensors, partners and affiliates exclude all liability for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with:

• Use of this website by you or any other person;
• Reliance on website content;
• Website interruptions or errors;
• Third-party links or services; or
• These Website Terms of Use.

Nothing in these Website Terms of Use excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other applicable legislation that cannot be excluded, restricted or modified by agreement.

Indemnity

You indemnify and hold harmless SMD Consulting and its employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including reasonable legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

• any material or information that you submit, post, transmit or otherwise make available through this website;
• your use of, or connection to, this website; or
• your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.

Prohibited Conduct

You must not:

• Use any device, routine or software that interferes, or attempt to interfere, with the proper working of this website;
• Use this website to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
• Use this website to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
• Use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this website;
• Use this website by any automated means;
• Use this website to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
• Access, retrieve or index any portion of this website for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
• Interfere with the display of any advertisements appearing on or in connection with this website;
• Reverse engineer, decompile, disassemble, adapt, modify, translate, frame or reformat any of the material contained on this website;
• Reproduce, duplicate, copy or store any of the material appearing on this website other than for your own personal and non-commercial use;
• Falsely imply that any other website is associated with this website;
• Do anything that leads, or may lead, to a decrease in the value of SMD Consulting’s intellectual property rights in this website;
• Use or exploit any of the material appearing on this website for commercial purposes without our prior written consent;
• Release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to SMD Consulting without SMD Consulting’s prior written consent; or
• Use this website to transmit any information or material that is, or may reasonably be considered to be:
  • abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
  • libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
  • infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
  • in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
  • in breach of any person’s privacy or publicity rights;
  • a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
  • in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
  • containing any political campaigning material, advertisements or solicitations; or
  • likely to bring SMD Consulting or any of its staff into disrepute.

Violations of These Website Terms of Use

Without limiting any other remedies available to SMD Consulting at law or in equity, SMD Consulting reserves the right to, without notice:

• temporarily or indefinitely suspend, or terminate, your access to this website or refuse to provide products or services to you if:
  • you breach any provision of these Website Terms of Use;
  • SMD Consulting is unable to verify or authenticate any information that you provide to us; or
  • SMD Consulting believes that your actions may cause damage and/or legal liability to SMD Consulting, any of its customers or suppliers or any other person; and
• remove or block access to any information and/or materials (in whole or in part) that SMD Consulting, at its sole and absolute discretion, regards in any way to be objectionable or in violation of any applicable law, any person's intellectual property rights or these Website Terms of Use.

Third-Party Links

This website may contain links to third-party websites for convenience only. SMD Consulting does not endorse or accept responsibility for external content or services.

Website Availability

We do not guarantee that this website will be available at all times or without interruption. We reserve the right to modify or remove website content at any time without notice.

Interpretation

In these Website Terms of Use, the following rules of interpretation apply:

• headings are for reference purposes only and in no way define, limit or describe the scope or extent of any provision in these Website Terms of Use;
• these Website Terms of Use may not be construed adversely against SMD Consulting solely because SMD Consulting prepared them;
• the singular includes the plural and vice-versa;
• a reference to a "person" includes an individual, a firm, a corporation, a body corporate, a partnership, an unincorporated body, an association, a government body or any other entity; and
• the meaning of general words is not limited by specific examples introduced by "including", "for example", "in particular" or similar expressions.

No Waiver

Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by SMD Consulting to act with respect to a breach by you or others does not waive SMD Consulting’s right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Governing Law

These Terms of Use are governed by the laws of New South Wales, Australia. Any disputes arising from the use of this website will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

Changes to These Website Terms of Use

SMD Consulting reserves the right to amend these Website Terms of Use and any other policy on this website at any time in its sole discretion and any such changes will, unless otherwise noted, take effect immediately upon being published on this website. Your continued usage of this website constitutes acceptance of those updated terms. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this website or the products/services offered through this website.

You may only vary or amend these Website Terms of Use by written agreement with SMD Consulting.

Contact

For any enquiries regarding these Website Terms of Use, please email SMD Consulting at: