Terms and Conditions

Access to and use of the online magazine www.smartcompany.com.au and its associated email alert, is provided by Private Media Pty Ltd (ABN 11 102 933 362) through its vehicle SmartCompany.com.au Pty Ltd (ABN 23 121 200 002) called in this document “the publishers”, on the following terms. Please read the whole of this page carefully. If you do not agree to these terms, you should not obtain information, services or products from this site.

The publishers reserve the right to review and modify any of the Terms of Use at any time. This page should be reviewed periodically so that you are updated on any changes. The publishers welcome your comments and feedback.

Subscriber services 
The publishers offer SmartCompany subscribers access to content or information not available to non-subscribing users. Terms and conditions attaching to the use of any subscriber service are in addition to these terms. 
If you are a subscriber to the email or the online magazine or any of its products or services, you acknowledge that:

Using and disclosing your personal information

Your personal information is confidential. Our purpose in collecting information about you is to provide you with a better website experience with content and advertising that is more relevant to your interests. SmartCompany will not use or disclose any information about you without your consent, unless:

• required by law;
• to implement our terms of service;
• to protect the rights, property or personal safety of another SmartCompany user, any member of the public or SmartCompany; or
• the assets and operations of the business are transferred to another party as a going concern.

In seeking to give you the most worthwhile experience of our website possible, SmartCompany may use your personal information to send you information and product updates about products or services which you have requested.

When you provide your personal information to us, SmartCompany may give you the choice as to whether or not you wish to receive further information about ‘special offers via email from related companies’ or from third party suppliers. If you indicate that you do not wish to receive these, we will not contact you further for these purposes. Please allow 28 days for your request to be processed.

We will not ‘spam’ you

We will comply with our obligations under the Spam Act 2003 (Cth), and may contact you at the email or other address which you provide to us in order to:

• provide you with news alerts and other information which you sign up to receive from us. Where you have signed up for an editorial email with a regular publishing schedule, such as the SmartCompany ‘daily newsletter’ or ‘email alert’, we reserve the right to send you multiple editions in a day in the event of ‘major or special breaking business news’. Examples of ‘major or special breaking news’ events include, but are not limited to, the collapse of a major currency or a nation financially defaulting, special editions about the Australian Federal Budget or Australian Federal Election, etc.; or
• provide you with updated information about our website; or
• provide you with other information about our products and services which you may enjoy such as the ‘TechCompany newsletter’, invites to ‘SmartCompany Webinars’, ‘SmartCompany Short Courses’, download ‘SmartCompany eBooks’ or to partake in ‘SmartCompany Surveys’.

If you wish to stop receiving alert e-mails from us, you can unsubscribe by clicking the “Change Subscription Preferences” link or “unsubscribe from the list” link at the bottom of all emails sent from SmartCompany.com.au or by contacting us at admin@smartcompany.com.au

General disclaimers 

Use of the email and the website is at your risk. None of the publishers’ affiliates or directors, officers, employees, agents, contributors, third party content providers or licensors makes any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with the email or the website, its use, its content or any products or services (including the publishers’ products or services) referred to in the email or on the website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

• reliance on the completeness, accuracy, suitability or currency of the email or the website or their content (including third party material and advertisements on the email or the website), irrespective of any verifying measures taken by us. The email and the website are designed for general interest only.
• failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records.
• accessing any sites or servers maintained by other organisations through links on the email or the website. Links are provided for the convenience of users of the email and the website only and without responsibility for the content or operation of those sites. Unless otherwise stated, linked sites and their products and services are not endorsed by the publishers and your linking to any such site is at your own risk.
• the provision of credit card or other financial information, the failure to complete (or delay in completing) any transaction, or other loss or damage arising from any eCommerce transacted or attempted to be transacted on the website.
• defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
• a breach by the publishers of their privacy policy (other than a wilful breach).

Continued site availability and access 
The publishers do not warrant that they will continue to make the online magazine available generally or at all and reserves the right at any time to impose or increase fees for future access to any material appearing in the email or on the website. The right is reserved to alter the email or the website at any time, even if it changes the equipment needed to access or use the email or the website or any part of it.

Limitation of liability (if any) 
The publishers’ total liability to you (if any) for loss, damage or reliance shall be limited to the re-supply of the information or services or payment of the amount paid by you (if any) for accessing the email or the website.

Indemnity 
You indemnify the publishers, their affiliates, employees, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred or suffered by you or by us as a direct or indirect consequence of your accessing, using or transacting on this site or your attempts to do so and any breach by you or your agents of these terms.

Copyright and intellectual property

The material on this website is protected by copyright under the Australian Copyright Act 1968 (the Act) and, through international treaties, in other countries. Copyright in articles and images appearing on www.SmartCompany.com.au remains with each third-party contributor. Otherwise all rights (including copyright) in the content and compilation of these web pages are owned or controlled for these purposes, and are reserved, by the publisher:

Private Media Pty Ltd (ABN 11 102 933 362)
Level 7, 22 William Street Melbourne Vic 3000
Telephone: (03) 8623 9999      
Facsimile: (03) 8623 9975
Email: admin@SmartCompany.com.au

You are authorised to download and view content for your own personal, non-commercial use but you must not, without the prior written permission of the publisher, exploit any of our site materials for commercial purposes. And except as permitted under the Act (for example for the services of the Crown or in reliance on one of the fair dealing exceptions, ie. fair dealing for the purposes of research or study) no part of this website may be reproduced, stored in a retrieval system, communicated or transmitted in any form or by any means without prior written permission.

The Act allows 10% of the number of words on this website to be reproduced and/or communicated by any educational institution for its educational purposes provided that the educational institution (or the body that administers it) has given a remuneration notice to Copyright Agency Limited (CAL) under the Act.

For details of the CAL licence for educational institutions contact:

Copyright Agency Limited
Level 15, 233 Castlereagh Street, Sydney NSW 2000
Telephone: (02) 9394 7600        
Facsimile: (02) 9394 7601
Email: info@copyright.com.au

Trademark 
No SmartCompany trademark or logo (whether registered or otherwise) may be used without the prior, specific, written permission of the publishers.

Links to SmartCompany 
You are welcome to create links from your website to the SmartCompany online magazine. However, you must not use SmartCompany trademarks or logos for this purpose unless you have the permission of the publishers.

General provisions 
These terms of use are governed by the laws of Victoria, Australia. If any part of these terms of use is found to be invalid or unenforceable, it shall be severed without affecting the remainder.

Privacy

SmartCompany.com.au Pty Ltd’s daily email and the online magazine www.smartcompany.com.au are published by SmartCompany.com.au (ABN23 121 200 002), which employs staff and manages subscriber databases and accounting services for the SmartCompany.com.au business. In this privacy policy SmartCompany.com.au is referred to as “SmartCompany”.