Terms and Conditions

WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

1.1. Welcome to southwestsmarthub.com.au (‘Website’). The Website provides South West WA related information and resources.

1.2. The Website is operated by South West Smart Hub. Access to and use of the Website, or any of its associated content, products or services of South West Smart Hub (Products), is provided by South West Smart Hub. Please read these terms and conditions (‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

1.3. South West Smart Hub reserves the right to review and change any of the Terms by updating this page at its sole discretion. When South West Smart Hub updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by South West Smart Hub in the user interface. You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the Website or any material or content displayed on the Website.

3. Copyright and Intellectual Property

3.1. The Website, the content and the Products of South West Smart Hub are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the content are owned or controlled for these purposes, and are reserved by South West Smart Hub or its contributors.

3.2. All trademarks, service marks and trade names are owned, registered and/or licensed by South West Smart Hub, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(a) use the Website pursuant to the Terms;

(b) copy and store the Website and the material contained in the Website in your device’s cache memory; and

(c) print pages from the Website for your own personal and non-commercial use.

South West Smart Hub does not grant you any other rights whatsoever in relation to the Website or the content. All other rights are expressly reserved by South West Smart Hub.

3.3. South West Smart Hub retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or

(b) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(c) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

3.4. You may not, without the prior written permission of South West Smart Hub and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use (as indicated on the Website) or are in the public domain (other than by publication on the Website or by link on the Website).

4. Privacy

South West Smart Hub takes your privacy seriously and any information provided through your use of the Website and/or content is subject to South West Smart Hub’s Privacy Policy, which is available on the Website.

5. General Disclaimer

5.1. All care is taken in the preparation of the information and published materials on the Website. South West Smart Hub does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

5.2. Nothing on the Website constitutes legal, financial or business advice. The information provided is general in nature and does not take account of a users requirements of circumstances. Users must obtain their own independent advice which takes into account their own circumstances and requirements.

5.3. The Website may contain hypertext links, frames or other references to other parties and their websites. South West Smart Hub cannot control the contents of those other sites, and makes no warranty about the accuracy, timeliness or subject matter of the material located on those sites. South West Smart Hub does not mandate, endorse, or sponsor any content or material on such sites. South West Smart Hub makes no warranties or representations that material on other websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world.

5.4. Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

5.5. Subject to this clause 5, and to the extent permitted by law, including the Competition and Consumer Act 2010 (Cth),:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded;

(b) South West Smart Hub will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), including loss of profit or opportunity, or damage to goodwill arising out of or in connection with the content of the Website or these Terms (including as a result of not being able to use the content or the late supply of the content), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise; and

(c) South West Smart Hub does not guarantee that access to and use of the Website will be uninterrupted or that the Website is free from viruses, spyware or anything else which may damage or copy or manipulate any computer which accesses the Website or any data on such a computer.

5.6. Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of South West Smart Hub make any express or implied representation or warranty about the content of the Website or any Products . This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) 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;

(b) the accuracy, suitability or currency of any information on the Website, the content, or Products (including third party material and advertisements on the Website);

(c) costs incurred as a result of you using the Website, the content or any of the Products; and

(d) the content or operation in respect to links which are provided for your convenience.

6. Limitation of liability

6.1. South West Smart Hub’s total liability arising out of or in connection with the content of the Website or these Terms or the supply or delivery of any Product, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the content or the Product to you.

6.2. You expressly understand and agree that South West Smart Hub, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability, arising out of or in relation to your use of the Website or the Products or the supply of the Website or the Products to you or your supply of information or content to the Website. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation or opportunity and any other intangible loss.

6.3. You agree to release and hold harmless South West Smart Hub, its affiliates, employees, agents, contributors and licensors from any liability for loss and damage referred to in clause 6.2.

7. Termination of Contract

7.1. Subject to applicable laws, South West Smart Hub reserves the right to suspend, discontinue or cancel your access and use at any time to the Website and related Products without notice for any reason, in its absolute discretion and without any obligation or requirement to provide reasons.

7.4. The Terms will be unaffected by any discontinuance, suspension or cancellation of your use of the Website and any related Products and the Terms will continue to have effect indefinitely (subject to any law to the contrary).

8. Indemnity

8.1. You agree to indemnify South West Smart Hub, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Website or the Products or the supply of the Website or the Products to you or your supply of information or content to the Website;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempting to do so; and/or

(c) any breach of the Terms by you or any person using the Website or Products with your consent or on your behalf.

9. Dispute Resolution

9.1. Compulsory:

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

9.2. Notice:

A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to resolve the Dispute.

9.3. Resolution:

On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

(a) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) If for any reason whatsoever, within 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Small Business Development Corporation or his or her nominee;

(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d) The mediation will be held in Perth, Australia.

(e) The mediator will have the power to determine the rules and process which will apply to the mediation and the mediation will be governed by those rules.

(f) The parties to the mediation must participate in the mediation in good faith. Failure to comply with this requirement will result in the requirements of this dispute resolution clause not being met.

9.4. Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

9.5. Termination of Mediation:

If 8 weeks have elapsed after the start of a mediation of the Dispute (from the date the mediator accepts the appointment to act as mediator) and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

10. Venue and Jurisdiction

The Services offered by South West Smart Hub are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website or the Terms, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.

11. Governing Law

The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Website and the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

12. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

13. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force. To the extent permitted by law, and part of these Terms which is inconsistent with or not permitted by the Australian Consumer Law wall be severed from these Terms and the balance of the Terms will continue to apply.




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