TERMS AND CONDITIONS OF USAGE:
SMART BUSINESS INTELLIGENCE (SBI) PTY LTD (HEREIN REFERRED TO AS SBI) - MAKES AVAILABLE INFORMATION, MATERIALS, AND PRODUCTS ON THIS WEBSITE, SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. BY ACCESSING THIS SITE, YOU AGREE TO THE TERMS, CONDITIONS AND ANY CHARGES AS OUTLINED IN THIS LEGAL NOTICE. SBI RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS FROM TIME TO TIME AT ITS SOLE DISCRETION.
THE SYSTEM PROVIDES THE MEANS TO CONNECT AND COMMUNICATE WITH PROSPECTIVE BUYERS REGARDING THEIR REQUIREMENTS AND YOUR ITEMS OF SUPPLY. SBI MAKES NO WARRANTY THAT THE USE OF THE SYSTEM WILL RESULT IN THE AWARD FOR THE SUPPLY OF GOODS OR SERVICES, THAT IS THE DECISION OF THE BUYER.
EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEBSITE MAY BE REPRODUCED AND OR SOLD IN ANY FORM OR BY ANY MEANS WITHOUT THE PRIOR WRITTEN PERMISSION FROM SBI.
THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS WEBSITE. SBI MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEBSITE AT ANY TIME. EVERY EFFORT IS MADE TO KEEP THE WEBSITE UP AND RUNNING SMOOTHLY. HOWEVER, SBI TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE WEBSITE BEING TEMPORARILY UNAVAILABLE DUE TO TECHNICAL ISSUES BEYOND OUR CONTROL.
THIS WEBSITE CAN BE ACCESSED FROM OTHER COUNTRIES AROUND THE WORLD AND MAY CONTAIN REFERENCES TO SBI PRODUCTS AND SERVICES THAT HAVE NOT BEEN ANNOUNCED IN YOUR COUNTRY. THESE REFERENCES DO NOT IMPLY THAT SBI INTENDS TO ANNOUNCE SUCH PRODUCTS, SERVICES OR PROGRAMS IN YOUR COUNTRY.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND SBI, ALL INFORMATION, SERVICES, TEMPLATES AND SOFTWARE PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SBI ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEBSITE.
SBCONNECT DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT THE USE OF THE SBCONNECT SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THIS INCLUDES, BUT IS NOT LIMITED TO THE POSSIBLE NON AVAILABILITY OF THIS WEBSITE, AND SUBSEQUENT LATE SUBMISSION OF QUOTATIONS, UNCLEAR OR VAGUE DESCRIPTIONS OF REQUIREMENTS CONTAINED IN THE BUYERS' LISTS OF "IMMEDIATE" AND "LONG TERM" REQUIREMENTS (ALSO KNOWN AS SHOPPING LISTS) AND INACCURATE INFORMATION DISPLAYED IN THE BUYERS' LISTS OF "OUTSTANDING ORDERS". YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SBCONNECT SERVICE IS AT YOUR SOLE RISK.
IN NO CASE SHALL SBI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF ANY OF THE SBCONNECT SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO THE USE OF THE SBCONNECT SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SBCONNECT SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTION, SBI LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
WAIVER AND INDEMNITY
BY USING THE SBCONNECT SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD SBI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SBCONNECT SERVICE, OR ANY ACTION TAKEN BY SBI AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM SBI, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS OR LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SBCONNECT SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF SBI’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
THIRD-PARTY MATERIALS
CERTAIN CONTENT, AVAILABLE VIA THE SBCONNECT SERVICE MAY INCLUDE MATERIALS FROM THIRD PARTIES. SBI PROVIDES LINKS TO THIRD-PARTY WEBSITES AS A CONVENIENCE TO YOU. YOU AGREE THAT SBI IS NOT RESPONSIBLE FOR EXAMINING OR EVALUATING THE CONTENT OR ACCURACY AND SBI DOES NOT WARRANT AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY THIRD-PARTY MATERIALS OR WEBSITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES. YOU AGREE THAT YOU WILL NOT USE ANY THIRD-PARTY MATERIALS IN A MANNER THAT WOULD INFRINGE OR VIOLATE THE RIGHTS OF ANY OTHER PARTY AND THAT SBI IS NOT IN ANY WAY RESPONSIBLE FOR ANY SUCH USE BY YOU.
REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL SBI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION.
INTELLECTUAL PROPERTY
YOU AGREE THAT THE SBCONNECT SERVICE, INCLUDING BUT NOT LIMITED TO SBCONNECT PRODUCTS, GRAPHICS, USER INTERFACE, AUDIO CLIPS, VIDEO CLIPS, EDITORIAL CONTENT, AND THE SCRIPTS AND SOFTWARE USED TO IMPLEMENT THE SBCONNECT SERVICE, CONTAINS PROPRIETARY INFORMATION AND MATERIAL THAT IS OWNED BY SBI AND IS PROTECTED BY APPLICABLE INTELLECTUAL PROPERTY AND OTHER LAWS, INCLUDING BUT NOT LIMITED TO COPYRIGHT. YOU AGREE THAT YOU WILL NOT USE SUCH PROPRIETARY INFORMATION OR MATERIALS IN ANY WAY WHATSOEVER EXCEPT FOR USE OF THE SBCONNECT SERVICE IN COMPLIANCE WITH THIS AGREEMENT. NO PORTION OF THE SBCONNECT SERVICE MAY BE REPRODUCED IN ANY FORM OR BY ANY MEANS, EXCEPT AS EXPRESSLY PERMITTED IN THESE TERMS. YOU AGREE NOT TO CREATE DERIVATIVE WORKS BASED ON THE SBCONNECT SERVICE IN ANY MANNER, AND YOU SHALL NOT EXPLOIT THE SBCONNECT SERVICE IN ANY UNAUTHORIZED WAY WHATSOEVER.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, SBCONNECT RESERVE THE RIGHT TO CHANGE, SUSPEND, REMOVE, OR DISABLE ACCESS, CONTENT, OR OTHER MATERIALS COMPRISING A PART OF THE SBCONNECT SERVICE AT ANY TIME WITHOUT NOTICE.IN NO EVENT WILL SBCONNECT BE LIABLE FOR MAKING THESE CHANGES.
THE INFORMATION ON THIS WEBSITE IS PROTECTED BY COPYRIGHT: COPYRIGHT 2008 SMART BUSINESS INTELLIGENCE (SBI) PTY LTD. ALL RIGHTS RESERVED.
YOUR ACCOUNT
AS A REGISTERED USER OF SBCONNECT, YOU MAY ESTABLISH AN ACCOUNT ("ACCOUNT"). DON’T REVEAL YOUR ACCOUNT INFORMATION TO ANYONE ELSE. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY AND SECURITY OF YOUR ACCOUNT AND FOR ALL ACTIVITIES THAT OCCUR ON OR THROUGH YOUR ACCOUNT. YOU HAVE THE ABILITY TO CHANGE YOUR PASSWORD AND UPON DETERMINING AN ACCOUNT SECURITY ISSUE, YOU SHOULD IMMEDIATELY CHANGE YOUR ACCOUNT PASSWORD. SBI SHALL NOT BE RESPONSIBLE FOR ANY LOSSES ARISING OUT OF THE UNAUTHORIZED USE OF YOUR ACCOUNT.
YOU AGREE TO PROVIDE ACCURATE AND COMPLETE INFORMATION WHEN YOU REGISTER WITH, AND AS YOU USE, THE SBCONNECT SERVICE AND YOU AGREE TO UPDATE YOUR PROFILE DATA TO KEEP IT ACCURATE AND COMPLETE. YOU AGREE THAT SBI MAY STORE AND USE THE REGISTRATION DATA YOU PROVIDE FOR USE IN MAINTAINING AND BILLING FEES TO YOUR ACCOUNT.
IMPORTANT SAFETY INFORMATION
TO AVOID MUSCLE, JOINT, OR EYE STRAIN DURING YOUR USE OF THE SERVICE PORTAL OFFERED THROUGH SBCONNECT, YOU SHOULD ALWAYS TAKE FREQUENT BREAKS, AND TAKE A LONGER REST IF YOU EXPERIENCE ANY SORENESS, FATIGUE, OR DISCOMFORT.
TERMINATION
IF YOU FAIL, OR SBCONNECT SUSPECTS THAT YOU HAVE FAILED, TO COMPLY WITH ANY OF THE PROVISIONS OF THIS AGREEMENT, SBCONNECT, AT ITS SOLE DISCRETION, WITHOUT NOTICE TO YOU MAY: TERMINATE THIS AGREEMENT AND/OR YOUR ACCOUNT, AND YOU WILL REMAIN LIABLE FOR ALL AMOUNTS DUE UNDER YOUR ACCOUNT UP TO AND INCLUDING THE DATE OF TERMINATION. SBCONNECT RESERVES THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE THE SBCONNECT SERVICE (OR ANY PART OR CONTENT THEREOF) AT ANY TIME WITH OR WITHOUT NOTICE TO YOU, AND SBCONNECT WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY SHOULD IT EXERCISE SUCH RIGHTS.
