PERMISSION TO USE SMARTCENTRAL IS CONDITIONAL UPON THE COMPANY, PERSON OR OTHER ENTITY (REFERED TO AS THE USER) AGREEING TO THE TERMS SET OUT BELOW. IF THE USER ACCEPTS THE TERMS THEY SHOULD INDICATE THEIR ACCEPTANCE ON THE REGISTRATION FORM. IF THE TERMS ARE NOT ACCEPTED YOU MUST NOT USE SMARTCENTRAL.
The USER acknowledges that SMARTCENTRAL and its related documentation are the subject of copyright, ownership of which vests in WG Solutions Pty Ltd ABN 72 603 254 495 (WG SOLUTIONS), and the USER shall not at any time do or authorise the doing of any act which infringes that copyright.
2. At USERs Risk
The USER acknowledges that the data contained in SMARTCENTRAL cannot be guaranteed error free.
The USER indemnifies WG SOLUTIONS against any damage, including consequential damage, suffered by the USER or any other party as a result of use of SMARTCENTRAL by the USER.
The USER indemnifies WG SOLUTIONS fully against all liabilities, costs and expenses incurred by WG SOLUTIONS as a result of any breach of these terms by the USER.
Further more the USER indemnifies WG SOLUTIONS against any damage, including consequential damage, suffered by the USER or any other party as a result of use of SMARTCENTRAL by the USER.
3.1 In the event that any statute implies terms into these terms which cannot be lawfully excluded, such terms will apply to these terms, save that the liability of WG Solutions for breach of any such implied term will be limited, at the option of WG Solutions, to any one or more of the following:
(i) the replacement of the product;
(ii) the repair of such product; or
(iii) the refund of fees (if any) for use of the product from the time the breach was notified
3.2 Except as provided in clauses 3.1 all express or implied conditions or warranties, statutory or otherwise, in respect of the product are expressly negatived and excluded. In particular, but without limiting the generality of this sub-clause WG SOLUTIONS does not warrant that the product is fit for any purpose, irrespective of whether any purpose is communicated to WG SOLUTIONS.
3.3 To the extent that any statute provides a remedy to the USER in relation to the USER's use of data contained in SMARTCENTRAL, such right is expressly preserved, save that any such right shall be limited to the extent permitted by such statute.
The benefit of usage of SMARTCENTRAL shall not be dealt with in any way by the USER (whether by assignment, sub-licensing or otherwise) without the written consent of WG SOLUTIONS.
5. Right to Suspend or Revoke Usage
WG SOLUTIONS reserves the right to suspend or revoke usage of SMARTCENTRAL at any time and without notice or compensation at any time and in its sole discretion if it forms the opinion that the TERMS have been breached or that SMARTCENTRAL is or has been misused.
5. No Waiver
Failure or neglect by either party to enforce at any time any of the provisions of these TERMS shall not be construed or deemed to be a waiver of that party's rights under this licence.
6. Changes to License Terms
WG SOLUTIONS reserves the right to change the scope or terms under which the service is offered at its sole discretion including but not limited to features and pricing.
Revised TERMS will be published on the web site. Continued use of the service is acceptance of the revised terms and conditions.
12. Governing Law
These TERMSshall be governed by and construed according to the laws of the State of New South Wales and the Commonwealth of Australia.
In the event of the invalidity of any part or provision of these TERMS, such invalidity shall not affect the enforceability of any other part or provision of these TERMS.