Terms and Conditions

Effective date: 19 October 2017

This web page represents a legal document and is the Terms and Conditions (Agreement) for our website and service: www.smartbusinessguardian.com.

This website and service is operated by Trade Guardian Pty Ltd, ABN 71 151 518 295 (“SBG”, "us", "we", "our", or "Company").

Binding Agreement

By using our website and service, you agree to fully comply with and be bound by the following Agreement each time you use our website and service. Please review the following terms carefully.

Privacy

We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking the “privacy” link in the footer of the site. Our privacy policy is expressly incorporated into this Agreement by this reference.

Jurisdiction

These terms and conditions are to be governed by and construed in accordance with the laws of the Australian Capital Territory (ACT) and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in the ACT and you agree to submit to the jurisdiction of those Courts.

Disclaimers

Whilst we have taken all due care in providing the information on our website and service, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

We also take all due care in ensuring that our website and service is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website and service or any linked website and service.

From time to time we may host third party content on our website and service such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

Statutory Guarantees and Warranties to Consumers

Schedule 2 of the Australian Competition and Consumer Act 2010 (“C&C Act”) defines a consumer. Under the C&C Act we are a supplier of either goods or services or both to you, and as a consumer the C&C Act gives you statutory guarantees. Attached to the Standard Terms and Conditions are:

  1. Schedule 2 of the C&C Act; and
  2. those statutory guarantees, all of which are given by us to you if you are a consumer.

If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or services then we give you a warranty that at the time of supply of those goods or services to you, if they are defective then:

  1. We will repair or replace the goods or any part of them that is defective; or
  2. Provide again or rectify any services or part of them that are defective; or
  3. Wholly or partly recompense you if they are defective.
  4. As a consumer under the C&C Act you may be entitled to receive from us notices under Schedule 2 section 103 of the C&C Act. In that regard:
    1. If you are a consumer within the meaning of Schedule 2 of the C&C Act and the goods or services we are providing relate to the repair of consumer goods then we will give you any notice which we are obliged to give you under Schedule 2 section 103 of the C&C Act.
    2. If we are a repairer of goods capable of retaining user-generated data then we hereby give you notice that the repair of those goods may result in the loss of the data.
    3. If we are a repairer and our practice is to supply refurbished goods as an alternative to repairing your defective goods or to use refurbished parts in the repair, then we give you notice that the goods presented by you to us for repair may be replaced by refurbished goods of the same type rather than being repaired. We also give you notice that we may use in the repair of your goods, refurbished parts.
Limitation of Liability

To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again.

The information contained in or made available through our website and service cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, or legal matters.

You hereby acknowledge that nothing contained in our website and service shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and us. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our website and service.

We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.

We do not accept liability for anything contained in the post of a user or in any form of communication which originates with a user and not with Us.

We do not participate in any way in the transactions between our users.

Indemnity

By accessing our website and service, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website and service.

Site Access

When you visit our website and service, we give you a limited licence to access and use our information for personal use.

You are permitted to download a copy of the information on this website and service to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

Except as permitted under the Australian Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website and service without our prior written permission. The licence to access and use the information on our website and service does not include the right to use any data mining robots or other extraction tools.

Copyright and Intellectual Property

The copyright to all content on this website and service including graphics, images, layouts and text belongs to us or we have a licence to use those materials.

Content of this website and service belonging to us is: Copyright © 2017 Trade Guardian Pty Ltd, ABN 71 151 518 295. All rights reserved.

If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

User Content

You grant us a license to use the materials you post to our website and service. By posting, uploading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to our website and service, you are granting us a license to use User Content in connection with the operation of our business, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that we may publish or otherwise disclose your name in connection with your User Content. By posting User Content on our website and service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

Linking to Our Website and Service

You may provide links to our website and service, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our website and service, (b) your website and service does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our website and service immediately upon request by us.

Links to Other Websites

Our website may, from time to time, contain links to third party websites. Inclusion of links for any website on our website and service does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third-party websites.

We have no control over the legal documents and privacy practices of third party websites; as such, you access any such third-party websites at your own risk. We recommend that you review the privacy policy and terms and conditions of those sites to fully understand what information is collected and how it is used.

Amendments

We reserve the right to amend this notice at any time and your use of the website and service following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website and service you read these terms and conditions.

Force Majeure

If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 days' notice to you.  “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.