Terms and Conditions
Smartsensor TERMS AND CONDITIONS
WHO ARE WE
The Smartsensor website and application is administered by Smart Sensor Pty Ltd (ABN 17 778 202) and its related bodies. Our business address is 91 Commercial Road, Teneriffe, Queensland 4007.
In these terms and conditions where we refer to “us”, “we” or “our”, we are referring to the Smartsensor app and Smartsensor Pty Ltd.
1. Warranty, liability, and indemnity
1.1 Smartsensor shall make reasonable efforts to ensure: the accuracy and reliability of the Service; the timeliness of the Information; and that the Service does not contain any computer virus. Smartsensor will not be held liable in relation to the accuracy or timeliness of the Information or for any loss or damage of any type in connection with the provision of or failure to provide the Service, except as set out in this clause 5. This Agreement gives neither the Subscriber, nor any User or Customer any rights against third party information providers with respect to the use of Information.
1.2 Smartsensor does not exclude any rights or remedies available to you under the Trade Practices Act (1974) Cth or any similar State or Territory based legislation in Australia that cannot be excluded, restricted or modified. Otherwise, all conditions and warranties in respect of afr.com and the Information that may be implied by law are excluded. To the extent Smartsensor is liable for breach of any implied warranty or condition which cannot be excluded, liability is restricted, at Smartsensor’s option, to:
In the case of services supplied or offered by Smartsensor, the re-supply of those services or the payment of the cost of having those services re-supplied; and
In the case of goods supplied or offered by Smartsensor, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or the payment of the cost of having the goods repaired.
1.3 Under no circumstances will Smartsensor be liable for any damage or loss (including but not limited to any indirect or consequential loss or any loss of profits or revenues whatsoever) however caused (including but not limited to, by the negligence of Smartsensor) suffered or incurred by the Subscriber in connection of the use of the Smartsensor website.
1.4 Smartsensor shall indemnify the Subscriber against any direct loss or damage suffered by the Subscriber arising out of any third party claim or action that the Information infringes the intellectual property rights of such third party, except for any claim or action arising out of a breach of this Agreement by the Subscriber, any User or Customer. The Subscriber agrees that if any such claim is made by a third party then the Subscriber will promptly notify and cooperate with Smartsensor, and Smartsensor shall at its request be given control of such action.
1.5 The Subscriber shall indemnify Smartsensor and, where relevant, any third party information provider or supplier, for any direct loss or damage (not including any consequential loss or special or punitive damages) arising out of any use of the Information by the Subscriber and/or Users and/or Clients beyond the rights expressly granted to the Subscriber and/or the Users and/or Clients under this Agreement.
1.6 The total liability of Smartsensor under this Agreement shall, to the extent permitted by law, under no circumstances exceed the Fees paid by the Subscriber in the twelve months preceding such claim.
2.1 The parties acknowledge and confirm that during the term of this Agreement and following its termination the parties shall treat as confidential and shall not (other than in the proper provision of the Service or as required by any applicable law) use or disclose to any person, firm or company, the terms of this Agreement, including the Pricing Schedule agreed between the parties, and any confidential information relating to the business of and belonging to the other party, nor permit its use or disclosure. This obligation of confidentiality shall not apply to information which is publicly known (through no fault of the non-disclosing party) or not of commercial value to such other party.
2.2 No public announcement, press release or circular (other than required by law or regulation) concerning this Agreement will be made by either party without the prior consent of the other party, which shall not be unreasonably withheld or delayed.
3. Web Content
3.1 Smartsensor chooses the internet sites through which the Web Content is made available and uses reasonable care in doing so. However, the Web Content is not made available through any licensing agreement with any third party, and accordinglySmartsensor does not and cannot license the use of such Web Content. The Subscriber and Users are solely responsible for determining the extent to which the Web Content is used.
3.2 The Web Content is not included as Information for the purposes of this Agreement and Smartsensor does not accept any liability in relation to the Web Content.
4.1 The terms and conditions set out in The Subscription Terms represent the entire agreement between both parties relating to the Service and supersede all prior agreements and representations. No failure or delay by any party in exercising any right, power or remedy under this Agreement shall operate as a waiver of any such right, power and/or remedy. Neither party will be liable for any loss or failure to perform an obligation due to circumstances beyond its reasonable control.
4.2 The Service subscribed for under the Subscription Terms, the level of the Fees and Additional Fees and other relevant details of such Service may be amended by written notice signed by both parties confirming the relevant amendment and the inclusion of any additional schedule.
4.3 In the event of conflict between these Subscription Terms for Library Services, the Subscription Agreement and any other document or information forming part of the Subscription Terms as defined in clause 1 (where “conflict” denotes, as between any two such document, an impossibility to comply with both of them in the relevant respect):
generally, these Subscription Terms for Library Services shall prevail; and
in relation to the provision of a particular product or element of the Service, the Product Schedule shall prevail.
4.4 All notices shall be in writing, and delivered by courier or registered mail, or by either facsimile or electronic mail with confirmation, to the addresses specified in the Product Schedule, or other address stipulated in writing by one party to the other. Notice shall be deemed received on the date 3 business days after being sent, if by courier or registered mail, or on the date actually received, if by fax or electronic mail.
4.5 Neither party may assign the Subscription Terms without the prior written consent of the other party, provided
4.6 The official language of the Subscription Terms shall be the English language and no translation into any other language may be used in its interpretation.
4.7 The Subscription Terms shall be governed by, construed and take effect in accordance with the laws of Queensland and the parties submit to the exclusive jurisdiction of the courts of Queensland.