Terms & Privacy
The following are terms of a legal agreement between you and Smartbill. By accessing, browsing, or using this web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this web site.
This web site contains proprietary notices and copyright information, the terms of which must be observed and followed. All trademarks are the property of their respective owners.
This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Smartbill's prior written consent, except that Smartbill grants you non-exclusive, non-transferable, limited permission to access and display the web pages within this site, solely on your computer and for your personal, non-commercial use of this web site. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.
Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, Smartbill does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another web site or in any other media.
Information on this web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. Smartbill assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.
Smartbill provides no assurances that any reported problems will be resolved by Smartbill, even if Smartbill elects to provide information with the goal of addressing a problem.
Forward-looking and cautionary statements
Except for historical information and discussions, statements set forth throughout this web site may constitute forward-looking statements within the meaning of the Commonwealth of Australia Corporations Act 2001, or other applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual company results to differ materially.
Any information or material sent to Smartbill through our web site will be handled by Smartbill in accordance with Smartbill’s privacy policies.
By sending Smartbill any information or material, you grant Smartbill an unrestricted, irrevocable license to store, manipulate, analyse, create collateralised derivative works and otherwise process those materials or information. However, we will not release your name, your organisation’s name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name or your organisation’s name; or (b) we are required to do so by law. Personally-identifiable information and organisationally-identifiable information that you submit to Smartbill for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the tab entitled “Privacy” for information regarding Smartbill’s privacy policies.
Information Smartbill publishes on the world wide web may contain references or cross references to Smartbill products, programs and services that are not announced or available in your country. Such references do not imply that Smartbill intends to announce or make available such products, programs, or services in your country. Please consult your local Smartbill business contact for information regarding the products, programs, and services that may be available to you.
This web site may provide links or references to non-Smartbill web sites and resources. Smartbill makes no representations, warranties, or other commitments whatsoever about any non-Smartbill web sites or third-party resources that may be referenced, accessible from, or linked to any Smartbill site. A link to a non-Smartbill web site does not mean that Smartbill endorses the content or use of such web site or its owner. In addition, Smartbill is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from any Smartbill site. Accordingly, you acknowledge and agree that Smartbill is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.
When you access a non-Smartbill web site, even one that may contain the Smartbill logo, please understand that it is independent from Smartbill, and that Smartbill does not control the content on that web site. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.
Linking to this site
All links to this web site must be approved in writing by Smartbill, except that Smartbill consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with Smartbill; (c) imply that Smartbill approves or endorses you, your web site, or your service or product offerings; and (d) present false or misleading impressions about Smartbill or otherwise damage the goodwill associated with the Smartbill name or trademarks. As a further condition to being permitted to link to this site, you agree that Smartbill may at any time, in its sole discretion, terminate permission to link to this web site. In such event, you agree to immediately remove all links to this web site and to cease using any Smartbill trademark.
Certain text in this web site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and Smartbill makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions.
DISCLAIMER OF WARRANTY
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. SMARTBILL EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION. SMARTBILL MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT WILL SMARTBILL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF SMARTBILL IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
Smartbill Pty Ltd (We or Us) are committed to protecting and maintaining the privacy of all individuals with whom we deal. We are also committed to complying with the Privacy Act 1988 (Commonwealth of Australia) (the Privacy Act) and the Australian Privacy Principles. This policy explains how we manage the personal information that we collect, hold, use and disclose. It also explains how to contact us if you have any further queries about our management of your personal information. This policy applies to you only to the extent that the collection and handling of your personal information by us is subject to the Privacy Act.
What is personal information? Personal information is information or an opinion (regardless of its accuracy or form) about an individual, or from which the identity of a person is reasonably identifiable. It includes your name, age, gender and contact details.
What kind of personal information do we collect and hold? We only collect personal information about you that is reasonably necessary for our functions or activities. The type of personal information which we collect and hold includes your:
- contact details such as your name, phone number, residential address and email address;
- financial information such as your bank or credit card details if you wish to purchase goods or services from us; and
- information such as your usage of our or third party providers’ goods or services.
How do we collect your personal information? We only collect personal information about you in the manner permitted by the Privacy Act. We may collect your personal information from you in a number of ways including in person, by phone, through our website or by email. We may also collect your personal information from related bodies corporate, from third parties, such as from our professional advisers, and from organisations engaged by us to carry out functions on our behalf.
How do we hold your personal information? When holding your personal information, we are required by the Privacy Act to take reasonable steps:
- to ensure that your personal information that we collect, hold, use and disclose is accurate, complete and up-to-date;
- to protect your personal information from misuse, interference and loss, as well as from unauthorised access, modification or disclosure; and
- to destroy or permanently de-identify your personal information if we no longer require that information for any purpose that is permitted by the Privacy Act.
For what purposes do we collect, hold and use your personal information? We collect, hold and use your Personal Information for the following purposes:
- to provide the products and services which we offer (whether directly or through a related body corporate);
- to perform the functions and activities related to our business, including billing and account management, as well as providing you with technical support; and
- to manage our relationship with you including by contacting you about our products or services, the products or services of related organisations, and any news or events that we think may be of interest to you.
Our range of products and services, as well as our functions and activities, and those of our related bodies corporate and service providers may change from time to time.
Who do we disclose your personal information to? In order to carry out the above-mentioned purposes, we may disclose your personal information to persons, related bodies corporate or other organisations such as our professional advisers and regulatory bodies. We may also disclose your personal information to the organisations from which we collect your information.
Marketing We may use your personal information to contact you (including by phone, text message or email) about products or services which we think may be of interest to you. This may include our own, our related body corporate’s or a third party’s products or services. In particular, we may contact you about products and services we think may be of interest to you after you cease to do business with us. For example, we might contact you about new products or services you may be interested in.
How can I opt-out of receiving marketing material? You may opt-out of receiving marketing information from us and our related bodies corporate at any time by:
- calling us on +61 1300 880 575;
- emailing us at firstname.lastname@example.org;
- 'ticking the box' on the relevant form when you apply for one of our products or services.
Please allow five working days for your request to be actioned by us.
What if I don’t want to give you my personal information? You’re not required to give us your personal information. However, we may not be able to provide you with the products or services that you request of us.
How can you access and seek correction of personal information held by us? You can access or seek correction of your personal information by:
- calling us on +61 1300 880 575;
- emailing us at email@example.com; or
- by mail at Level 15, 347 Kent Street, Sydney NSW 2000, Australia.
We will give you access to your personal information if practicable, and will take reasonable steps to amend any Personal Information about you that is inaccurate or out of date. We may refuse you access to, or we may refuse to correct, your personal information in certain circumstances permitted by the Privacy Act. In such a case, we will provide you with written notice of the reasons for our decision. We do not charge a fee to give you access to your personal information. However, we reserve the right to do so depending on the nature and extent of your request.
How can you complain about a breach of the Australian Privacy Principles and how will we deal with your complaint? If you have any questions, concerns or complaints about how we collect or manage your personal information, then you may raise that matter with our Privacy Officer. Our Privacy Officer can be contacted as follows:
- by telephone, on +61 1300 880 575;
- by email, at firstname.lastname@example.org; or
- by mail, at Level 15, 347 Kent Street, Sydney NSW 2000, Australia.
We will endeavour to promptly respond to your questions, concerns or complaints. We will also endeavour to resolve any concerns or complaints that you may have to your satisfaction. However, if you are unhappy with our response, you can complain to the Office of the Australian Information Commissioner (www.oaic.gov.au), who may investigate the complaint further.
Are we likely to disclose your personal information to overseas recipients? No, we are not likely to transfer your personal information to overseas recipients. However, there may be occasions where we are required to do so in order to provide you with our products or services, or manage our relationship with you. If we transfer your personal information outside Australia, we will comply with the requirements of the Privacy Act that relate to trans-border data flows.
Date: 31 March 2015