These Terms of Use (“Terms“) govern your use of this website and form a binding contractual agreement between you, the user of the website, and us, Smack Design Pty Ltd ABN 69 609 642 542 (“we” or “us” or “our”). These Terms are important and you should ensure that you read them carefully before you use the website. By using the website you acknowledge and agree that you have had the opportunity to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the website.

Content

1. The content of this website is provided for information purposes only.
2. The information does not constitute professional advice and should not be relied upon as such.
3. All reasonable efforts were taken to ensure that the information provided was accurate at the time of release on the Internet; however changes in circumstances after the information is published may impact the accuracy of the information.
4. It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon.
5. The content on this website is provided on the basis that Users are responsible for making their own assessment of the content presented and they rely upon the information entirely at their own risk.
6. Links to other websites from this website via hyperlinks are in no way meant to imply that we endorse, sponsor, promote or are affiliated with the owners of or participants in those sites, or that we endorse any information contained on those sites, unless expressly stated.

Copyright

7. Copyright in the all content of this website, including but not limited to all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks, is owned by us, unless otherwise indicated.
8. Subject to clause 10, Users are not permitted to use, reproduce, modify, adapt, distribute, disseminate, sell, publish, broadcast, retransmit or circulate to any third party any of the content, trademarks or logos contained on this website without our prior written consent.
9. Any infringement of our rights will result in appropriate legal action.

Licence

10. To the extent that we own the copyright material published on this website, you may display and print the content published on this website provided that:
    • the use of the material is for personal and non-commercial purposes;
    • you acknowledge that we own the copyright of that material in any display of our material; and
    • you include all our proprietary notices and disclaimers when using the content.

The right to use the material in this clause 10 is for the sole purpose of enabling you to use and enjoy the benefit of the content provided by us in the manner permitted by these Terms.

Privacy

11. We will apply our best endeavours to ensure that any personal information collected from you while using this website is managed in accordance with the Australian Privacy Principles and the Privacy Act 1988 (Cth).

Disclaimer

12. We do not accept liability to any person for the information or advice provided on this website, or incorporated into it by reference.
13. We do not accept liability for costs, losses or damages incurred as a result of reliance upon the material contained in this website or any other information incorporated by reference.
14. We make no warranties that this website is free of infection by computer viruses or other contamination.

Liability

15. To the maximum extent permitted by law, we exclude completely all liability (including liability for negligence) for any loss, costs or damages (including without limitation, direct, indirect, special or consequential damages) whatsoever arising out of or in connection with:
    • a person’s use of, access to or inability to use or access this website or any Internet site linked to this website; or
    • any loss of data or interruption of business.
16. Except as provided in our Supply Terms (available here), to the fullest extent permitted by law, we exclude all representations, warranties, conditions and consumer guarantees in respect of:
    • the purchase of any goods or services on this website; or
    • a person’s use or misuse of any goods or services purchased on this website.

Interference with website

17. You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on this website.

Violation of Terms

18. We reserve all of our rights, including the right to terminate your access to this website and to block future access to this website if you violate any of these Terms.
19. You agree that all matters relating to the use of this website and the purchase of any goods or services from this website, will be determined by the laws of the Australian Capital Territory, Australia.
20. You agree to unconditionally submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory and any Federal Court or Federal Circuit Court of the Commonwealth of Australia and any courts which have jurisdiction to hear appeals from any of those courts.

Variation of Terms

21. These Terms are subject to change by us at any time and from time to time.