AGREEMENT BETWEEN USER AND sme business mastery™ The sme business mastery™  Web Site is comprised of various Web pages operated by sme business mastery™ (Web Site). These terms and conditions apply to users of the sme business mastery™ Web Site.
The sme business mastery™ Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the sme business mastery™ Web Site constitutes your agreement to all such terms, conditions, and notices. The time of use

MODIFICATION OF THESE TERMS OF USE

 

sme business mastery™ reserves the right to change the terms, conditions, and notices under which the sme business mastery™ Web Site is offered, including but not limited to the charges associated with the use of the sme business mastery™ Web Site. Your ontinued use of the Web Site following any changes to these terms will be deemed acceptance of those changes.

 

LINKS TO THIRD PARTY SITES

 

The sme business mastery™ Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of sme business mastery™ and sme business mastery™ is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. sme business mastery™ is not responsible for webcasting or any other form of transmission received from any Linked Site. sme business mastery™ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by sme business mastery™ of the site or any association with its operators.

 

NO UNLAWFUL OR PROHIBITED USE

 

As a condition of your use of the sme business mastery™ Web Site, you warrant to sme business mastery™ that you will not use the sme business mastery™ Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Without limiting the above, you may not use the sme business mastery™ Web Site: · in any manner which could damage, disable, overburden, or impair the sme business mastery™ Web Site or interfere with any other party's use and enjoyment of the sme business mastery™ Web Site; · to obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the sme business mastery™ Web Sites; · to send unsolicited email messages; · in any way tamper, hinder or modify the site; · knowingly transmit any viruses or other disabling features to the site or via the Web Site; or · attempt any of the above acts or facilitate or assist another person to do any of the above acts.

 

USE OF COMMUNICATION SERVICES

 

The sme business mastery™ Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations. sme business mastery™ has no obligation to monitor the Communication Services. However, sme business mastery™ reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. sme business mastery™ reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. sme business mastery™ reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in sme business mastery™'s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. sme business mastery™ does not control or endorse the content, messages or information found in any Communication Service and, therefore, sme business mastery™ specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorised sme business mastery™ spokespersons, and their views do not necessarily reflect those of sme business mastery™. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

 

MATERIALS PROVIDED TO sme business mastery™ OR POSTED AT ANY sme business mastery™ WEB SITE sme business mastery™ does not claim ownership of the materials you provide to sme business mastery™ (including feedback and suggestions) or post, upload, input or submit to any sme business mastery™ Web Site or its associated services collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting sme business mastery™, its affiliated companies and necessary sub-licensees a non-exclusive, irrevocable, royalty free licence to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. sme business mastery™ is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in sme business mastery™'s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

LIABILITY DISCLAIMER

 

The information, software, products, and services included in or available through THE sme business mastery™ web site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. sme business mastery™ and/or its suppliers may make improvements and/or changes in the sme business mastery™ web site at any time. Advice received via the sme business mastery™ web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. sme business mastery™ and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the sme business mastery™ web site for any purpose. To the maximum extent permitted by law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. The Trade Practices Act 1974 (Cth) and similar state and territory legislation in Australia confers you with rights and remedies to the provision of goods or services to you by sme business mastery™ via the Web Site which cannot be excluded, restricted or modified (your Statutory Rights). sme business mastery™ excludes all conditions and warranties implied by custom, law or statute except for your Statutory Rights. To the maximum extent permitted by law, in no event shall sme business mastery™ and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the sme business mastery™ web site, with the delay or inability to use the sme business mastery™ web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the sme business mastery™ web site, or otherwise arising out of the use of the sme business mastery™ web site, whether based on contract, tort, including and without limitation, negligence or otherwise, even if sme business mastery™ or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the sme business mastery™ web site, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the sme business mastery™ web site.
Service contact : webmaster@smebusinessmastery.com

 

TERMINATION/ACCESS RESTRICTION

 

The term of use is for 12 months from date of provision of username. sme business mastery™ reserves the right, in its sole discretion, to terminate your access to the sme business mastery™ Web Site and the related services or any portion thereof at any time, without notice.
GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of Queensland, Australia and you hereby consent to the non-exclusive jurisdiction of the Courts in the State of Queensland and Courts of Appeal from them in all disputes arising out of or relating to the use of the sme business mastery™ Web Site. Use of the sme business mastery™ Web Site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

 

RELATIONSHIP OF THE PARTIES

You agree that no joint venture, partnership, employment, or agency relationship exists between you and sme business mastery™ as a result of this agreement or use of the sme business mastery™ Web Site.

 

SEVERANCE

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

ENTIRE AGREEMENT

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and sme business mastery™ with respect to the sme business mastery™ Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and sme business mastery™ with respect to the sme business mastery™ Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

PRICES, PRODUCTS AND SERVICES ARE SUBJECT TO CHANGE All prices displayed (being GST inclusive) are products and services offered to be supplied on the Web Site are subject to change without notice.

 

COPYRIGHT AND TRADEMARK NOTICES:

 

All contents of the sme business mastery™ Web Site are: Copyright 2005 Payne Partners Pty. Ltd. and/or its suppliers. All rights reserved.

 

TRADEMARKS

 

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The Web Site does not grant you a licence nor does it act as a right of use of any of the trademarks, whether registered or unregistered, that are displayed on the site without the express written permission of the trade mark owner. Any rights not expressly granted herein are reserved.

 

INDEMNITY

 

By entering into the Web Site, you agree to indemnify sme business mastery™ from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of the Web Site by you. If sme business mastery™ does not act in relation to a breach of the Terms of Use by you, this does not waive sme business mastery™'s right to act with respect to subsequent or similar breaches of the Terms of Use by you.

 

© Copyright 2005 Payne Partners Pty Ltd. All rights reserved.
Terms of use last updated on 22 June 2005.