Terms & Conditions

Terms & Conditions

REMSMART Terms and Conditions

Please read these terms and conditions carefully before using this website.

REM-SMART Pty Ltd (ACN 630 578 933) (REMSMART, we and us) operates www.remsmart.com.au (Website).

By using our Website you confirm that you are subject to, and accept, the following terms and conditions (Terms) of use and agree to comply by the Terms. If you do not agree with the Terms, you must not use the Site. We may periodically update and change the Website and Terms to reflect changes in our products, business requirements or changes in law, so please check back from time to time.

There are additional terms and conditions that may apply to you, including:

  • If you purchase a service or pay for access to our portal, our portal terms of use will apply. To the extent it is applicable, the portal terms are incorporated into these Terms.
  • If you are a REMSMART client accessing our Client Portal, please take time to read the Portal Terms and Conditions which together with these Terms govern your use of the Client Portal.
  • For an explanation of REMSMART practices and policies related to collecting, using, and storing our users information, please read our Privacy Policy.

These Terms were last updated in June 2023. By accessing, browsing or using this Website, you signify your acceptance of these Terms.

If you have any questions, or to contact us, please email us at [info@remsmart.com.au].

  1. Intellectual Property, Copyright & trademarks

    All content and functionality on any part of the Website including text, graphics, logos, icons and images and the selection and arrangement thereof, and any other intellectual property rights (including, registered or unregistered trademarks, service marks, designs, and logos) are the exclusive property of REMSMART and is protected by Australian and international intellectual property laws. All rights not expressly granted are reserved. You agree that you will not refer to or attribute any information to REMSMART or its licensors in public (e.g., press release and websites ) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, REMSMART or its licensors.

    You agree that other than in respect of your own content you may provide to REMSMART you will not:

    • make any representations that you have any such rights as set out above, that you do not have;
    • adapt, reproduce, store, distribute, sell, print, display, perform, publish or create derivative works from any works or other subject matter or any part of our Website, including the trademarks; or
    • commercialise any works or other subject matter, information, products or services obtained from any part of this Website, without the written permission of REMSMART or its licensors.

  2. Use of Website and content

    REMSMART hereby grants you a non-exclusive, non-transferable, revocable licence to access and download, display, and print one copy of the content displayed on the Website on any single computer solely for your personal use or internal, business use.

    Our Website is directed to users who are accessing our Website within Australia. If you access our Website from outside Australia, you do at your risk and you are responsible for compliance with relevant laws applicable to your location.

    You acknowledge that you will retain all copyright and other proprietary notices displayed on the Website content (including an acknowledgement of REMSMART as the authors of the content on our Site).

    You must use the Website only for lawful purposes and in accordance with these Terms. As a condition of using the Website, you represent and warrant to REMSMART that you will not:

    • modify any materials of the Website content in any way;
    • use any part of the Website for commercial purposes without obtaining a licence to do so from us or our licensors;
    • use this Website in a way, or for any purpose, that is unlawful or prohibited by these Terms or violate any applicable federal, state or international laws (including export of data and software in other countries);
    • use any automatic or manual process to reverse engineer or decompile any part of the Site;
    • use or attempt to use the Website in any manner which could damage, disable, overburden or impair the Website or interfere with any other party’s use or enjoyment of the Website;
    • obtain any materials or information through any means not intentionally made available or provided through the Website;
    • link to the Website in a way that damages or takes advantage of our reputation, including but limited to that which suggests or implied any association, affiliation or endorsement with us that you do not have; or
    • delete, alter or infringe any intellectual property rights from copies or materials of the Website. No part of this Website including the information contained in it may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, reprographic or otherwise, without the prior permission of REMSMART. If you do so, your right to use the Website will cease and you must destroy or return any copies of content you have made.

    You acknowledge and agree that:

    • the Website and any other portals will not be available at all times or without disruption or be error -free;
    • your access to the Website and any other portals may occasionally be limited due to scheduled or unscheduled maintenance;
    • access to the Website and any other portals relies on various factors outside our control; and
    • we may choose to suspend or restrict access to any number of persons for any reason whatsoever. Where we do so, we will endeavour to give you reasonable notice of any suspension or withdrawal.

  3. Disclaimer

    The information contained in this Website is for general information only and is provided on an “as is”, “as available” basis. REMSMART make no representations or warranties (express or implied) regarding the operation or availability of the Site. The information on this Website does not constitute financial or other professional advice.

    The application and impact of laws can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in information contained in this application. Theinformation in this application is provided with the understanding that the authors and publishers are not herein engaged in rendering remuneration or other professional advice and services. Before making any decision or taking any action, you should consult and engage with a REMSMART professional.

    While we have made every attempt to ensure that the information contained in this Website has been obtained from reliable sources, to the extent permitted by law. REMSMART and any of its licensors are not responsible for any errors, omissions, misrepresentations or misstatements or for the results obtained from the use of this information. All information in this application is provided with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

  4. Third-party websites

    We may provide links to third-party websites.

    REMSMART do not endorse, approve, and have no responsibility for any third-party websites. Any third party links are provided for information only. REMSMART have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

  5. Security

    While REMSMART takes reasonable steps to protect the security of our website and communications with it,

    we do not guarantee that our Website will be secure or free from bugs, viruses or other harmful code or software, or that your access to the Website or any third-party website will be uninterrupted. You are responsible for configuring your technology to access our Sit, and you should use your own antivirus software.

    REMSMART makes no warranty (whether express or implied) regarding the efficacy of the Website’s security, and cannot ensure the security of any information you transmit to or receive from us. Your use of the Website and transmission of any information to or from REMSMART is at your own risk.

  6. Liability and Indemnity

    In no event will REMSMART and any of its licensors, its related partnerships or corporations, be liable to you for any claim or liability for loss or damage, howsoever arising out of or in connection with the Website, or your use of the Website or reliance or errors related to any information on this Website, whether in contract, tort or otherwise at law irrespective of cause and notwithstanding the negligence or breach of duty. For the avoidance of doubt, this include any loss or damage caused or contributed by or arising out of:

    • use or performance of the Website;
    • delay or inability to use the Website or related services, the provision of or failure to provide services;
    • errors, mistake or inaccuracies on the Website;
    • you acting or failing to act on any information contained on or referred to in the Website, or any third party site;
    • any fraud;
    • any unauthorised access to or use of REMSMART’s servers;
    • any interruption or cessation or transmission to or from the Website;
    • any bugs, viruses, Trojan horses, or other harmful code or communications which may be transmitted to or through the Website to any third party;
    • the quality or fitness for any purpose of any third party websites; or
    • any information, goods, service and related graphics obtained through the Website.

    We will not be liable for any consequential, special or similar damages or injury of whatsoever kind suffered or incurred by anyone arising out of access to or the use, reliance or misuse of or inability to use this Website or its contents or any failure by us to provide access to any websites or information updates, even if foreseeable or you were advised of the possibility of such damages.

    To the maximum extend permitted, we exclude all implied terms. Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. To the extent the Australian Consumer Law (as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)) applies, REMSMART acknowledges the application of the Competition and Consumer Act 2010 (Cth) to the provision of services to its users and will comply with any condition imposed upon it under this act that is non-excludable. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

    You agree to defend, indemnify and hold REMSMART and any of its licensors and their officers, employees and agents and hold harmless from and against any claims, loss, claim, liabilities, damages, cost, or fees or expense incurred (including reasonable legal fees) by us in respect of a claim by you or third party claim arising from or in any way related to your use (or misuse) of the Website, your breach of these Terms, any applicable laws or any other terms and conditions which govern your use of this Website.

  7. Governing law and jurisdiction

    The Terms are governed by and construed in accordance with the laws of Western Australia and the parties submit to the non-exclusive jurisdiction of the Courts of WA.