TERMS AND CONDITIONS

Access to and use of the REMSMART platform is provided by REM-SMART Pty Ltd (ACN 630 578 933) and its related entities (“REMSMART”) subject to the following terms and conditions:

1. By accessing and using the REMSMART platform, you accept these terms and conditions, which take effect immediately on your first use of the REMSMART platform.
2. The REMSMART platform and the information regarding or relating to it and to REMSMART, any related tools, products or services (or to third party tools, products or services) are provided without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
3. If there is any conflict between these terms and conditions and/or specific terms appearing elsewhere on the REMSMART platform relating to specific material, then the latter shall prevail.
4. If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
5. If these terms and conditions are not accepted in full, you do not have permission to access the REMSMART platform and therefore should cease using the REMSMART platform immediately.
6. These terms and conditions shall be governed by and construed in accordance with the laws of Western Australia. Disputes arising here from shall be exclusively subject to the jurisdiction of the courts of Western Australia.  You irrevocably and unconditionally submit to the jurisdiction of the laws of Western Australia.
7. REMSMART reserves the right to change these terms and conditions at any time by posting changes online and on the REMSMART platform. You are responsible for regularly reviewing information posted by REMSMART online to obtain timely notice of such changes.  Your continued use of the REMSMART platform after changes are posted constitutes your acceptance of these terms and conditions as modified by the posted changes.
8. Material on the REMSMART platform may not be copied, reproduced, republished, downloaded, posted, broadcasted or transmitted in any way except for your own personal use and for the use of your business as agreed with REMSMART. Any other use requires the prior written permission of REMSMART.  You may not adapt, alter or create a derivative work from any of the material contained on the REMSMART platform or use it for any other purpose other than for your personal use and for the use of your business as agreed with REMSMART.
9. You agree to use the REMSMART platform only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the REMSMART platform by any third party. Such restriction or inhibition includes, without limitation, conduct which is unlawful or which may cause inconvenience or distress to any person and the transmission of obscene or offensive content.
10. In no circumstances will REMSMART be liable for any damages including, without limitation, negligence, any direct or indirect loss consequential and economic damages or any damages whatsoever arising out of the use of or in connection with the REMSMART platform or through any person relying on anything contained or omitted from the REMSMART platform whether in action of contract, negligence or other tortious action.
11. REMSMART does not warrant that the functions contained in the material contained on the REMSMART platform will be uninterrupted or error free, that defects will be corrected or that the REMSMART platform is free of viruses or bugs. REMSMART does not warrant or represent the full functionality, accuracy and reliability of the material contained on the REMSMART platform.
12. The names, images and logos identifying REMSMART or third parties and their tools, products and services are proprietary marks of REMSMART and/or third parties. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any trademark or patent of REMSMART or any other third party.
13. Information on the REMSMART platform should not be regarded as a substitute for professional advice. REMSMART makes no warranty as to the accuracy or reliability of the information contained on the REMSMART platform (including, but not limited to, any content or information generated on the REMSMART platform by REMSMART or on behalf of REMSMART or by any third party content on the REMSMART platform).
14. Any hyperlinks and pointers to websites operated by third parties on the REMSMART platform do not form part of the REMSMART platform and are not under the control of REMSMART. When you link to those websites you leave the REMSMART platform and do so entirely at your own risk.  REMSMART makes no warranty as to the accuracy or reliability of information contained on any third party website and REMSMART, its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage which may be suffered by you through relying on anything contained on or omitted from such third party websites.  A reference to any third party on the REMSMART platform does not imply an endorsement or recommendation by REMSMART.
15. The REMSMART platform may contain content provided to REMSMART by third parties. REMSMART does not monitor or make inquiries about content provided to REMSMART by third parties.  REMSMART is not responsible for, does not endorse and makes no representations either expressly or impliedly containing any content provided to REMSMART by third parties does not represent the views of REMSMART and you rely on content provided by a third parties completely at your own risk.
16. You represent and warrant that:

(a)          Your use of the REMSMART platform will comply at all times with these terms and conditions and any directions published from time to time by REMSMART on the platform or its website;

(b)          You will make sure that you keep any user name and password by which you access the REMSMART platform confidential and secure at all times; and

(c)          You accept all liability for any unauthorised use of any user name and password issued to you except for unauthorised use resulting from any negligent act or omission legally attributable to REMSMART.

17. You agree to indemnify REMSMART and its officers, agents and employees against any and all loss, liability, claim or demand suffered by REMSMART, its officers, agents and employees arising out of the use of or in connection with the REMSMART platform.
18. To the extent permitted by law, REMSMART excludes all conditions and warranties that may be implied by law. To the extent permitted by law, REMSMART’s liability for breach of any implied warranty or condition that cannot be excluded is restricted at REMSMART’s option to:

(a)          The resupply of services or payment of the cost of resupply of services; or

(b)          The replacement or repair of goods or payment of the cost of replacement or repair.