Website User Agreement

  1. Agreement
  2. By accessing, visiting, or otherwise using www.yoursmartaccounts.com.au (“the Site”) you agree to be bound by these Terms and Conditions. The Site and its content is owned and operated by Your Smart Accounts (ABN 67382701776)) (“the Owner” “us” “we” “our”). These terms and conditions may be amended from time to time at the Owner’s discretion and without prior notice to you. Your continued use of the Site will indicate your acceptance of them.

  3. Disclaimer
  4. Any advice and information contained within the Site is of a general nature and is not intended to constitute or replace professional advice for individual or specific conditions. We recommend you obtain professional advice to suit your individual needs. Any views expressed are the views or opinions of the Owner and we do not guarantee that any information provided on the Site is up to date or error free.

  5. License to You
  6. The Owner retains all ownership and proprietary rights in the Site and Site content and hereby grants you the non-exclusive, non-transferable, limited right to use it. This license commences upon your visit to this Site and continues until termination by the Owner. The Owner has the discretion to terminate your license immediately and without notice if you breach this license. All rights not specifically granted under this Agreement are reserved by the Owner and, as applicable, its licensors.

    This limited license excludes the right to:

    a. frame or utilize framing techniques to enclose the Site or any portion of the Site;
    b. republish, redistribute, transmit, sell, license or download the Site or any and/or all Site content (except caching or as necessary to view the Site);
    c. make any use of the Site content other than for personal use;
    modify, reverse engineer or create any derivative works based upon either the Site or the Site content;
    d. collect account information for the benefit of yourself or another party;
    e. use any meta tags or any other hidden text utilizing any and/or all Site content;
    f. use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure or server;
    g. download any image or content and pass it off as your own, or provide it to a third party or republish or distribute it.

    Your License to the Owner. By posting, submitting or otherwise publishing any material to via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older.

    Limitations on Linking. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your Site by the Owner, which does not exist.

  7. The Owner’s Obligations
  8. The Owner reserves the right to make changes to the Site, its operation and application at any time without prior notice. The Owner may engage a third party to provide technical assistance with the Site.

  9. Conditions of use
  10. You agree to use the Site in accordance with these terms and conditions, in good faith and in a way so as to not bring disrepute or cause reputational or other damage to the Owner.

    You agree that you will not upload or provide content on the Site which is:

    a. defamatory, fraudulent, unlawful, threatening, intimidating, harassing, disrespectful, inappropriate, harmful, hateful, abusive, tortious, obscene, invasive of another’s privacy, sexist, racist, homophobic, violent or degrading;
    b. infringes the intellectual or other proprietary interests of third parties;
    c. contains spam, chain letters, pyramid and other such selling and marketing schemes, computer viruses, computer code, files or programs or other harmful components that are designed to interrupt, destroy, change or limit the functionality of the Site and App or any other computer software, hardware or other electronic equipment, information which in any way impinges on another user’s use or enjoyment of the Site and App or otherwise breaches or encourages other users to breach these Terms;
    d. violates any law; or
    encourages or incites any other person to engage in any of the above behaviour;

    You also agree that you will not:

    f. Use technology or other means that is not authorised by the Owner to access the Site;
    g. use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Site;
    h. attempt to, or introduce viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of the Site;
    i. gain or attempt to gain unauthorised access to the Site including the network or user accounts; or
    j. attempt to or engage in conduct that damages, disables, overburdens, or impairs the Site, servers or networks.

  11. Warranties and Indemnities
  12. The Owner does not warrant that the functional aspects of the Site will be error free or that the Site, its content or the server are free of viruses or other harmful components. The Owner maintains current anti-virus software, however to the extent provided by law, the Owner does not guarantee against third party interference. The Owner does not warrant that the Site will be uninterrupted or error-free, or that Site or its content will be compatible with third party software or hardware. The Owner is not liable for any default due to an act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the Owner’s reasonable control.

    You agree to indemnify, the Owner, and its partners, licensors, affiliates, contractors, officers, employees and agents for any claim arising directly or indirectly from your acts and omissions in using the Site pursuant to the terms of this Agreement.

  13. Intellectual Property Rights

  14. Your Smart Accounts retains all ownership rights over all intellectual property (registered or unregistered) available on the Site, including, but not limited to, audio-visual effects, themes, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights.

    Copyright.The Owner claims copyright over all content on the Site including Blog postings, unless otherwise indicated.

  15. Breaches of these terms and conditions
  16. The Owner reserves the right to take any of the following action if we reasonably suspect that a breach of this agreement has occurred:

    a. issue a formal warning;
    b. suspend or prohibit access to the Site;
    c. block computers using your IP address from accessing the Site;
    d. contact any or all your internet service providers and request that they block your access to the Site;
    e. take legal action against you, and
    f. suspend or delete your account on our Site.

    If we suspend or prohibit or block your access to the Site or a part of the Site, action taken by you to circumvent suspension or prohibition or blocking will be considered as a further breach of this agreement.

  17. Governing Law
  18. This agreement is governed by the laws of Victoria and Australia.