TCPS

TERMS AND CONDITIONS

AGREEMENT BETWEEN USER AND Smartek

The Smartek Web Site is comprised of various Web pages operated by Smartek.

The Smartek Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Smartek Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Smartek reserves the right to change the terms, conditions, and notices under which the Smartek Web Site is offered, including but not limited to the charges associated with the use of the Smartek Web Site.

LINKS TO THIRD PARTY SITES

The Smartek Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Smartek and Smartek 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. Smartek is not responsible for webcasting or any other form of transmission received from any Linked Site. Smartek is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Smartek of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Smartek Web Site, you warrant to Smartek that you will not use the Smartek Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Smartek Web Site in any manner which could damage, disable, overburden, or impair the Smartek Web Site or interfere with any other party's use and enjoyment of the Smartek Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Smartek Web Sites.

USE OF COMMUNICATION SERVICES

The Smartek 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.

Smartek has no obligation to monitor the Communication Services. However, Smartek reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Smartek reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Smartek 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 Smartek's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Smartek does not control or endorse the content, messages or information found in any Communication Service and, therefore, Smartek 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 authorized Smartek spokespersons, and their views do not necessarily reflect those of Smartek.

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 Smartek OR POSTED AT ANY Smartek WEB SITE

Smartek does not claim ownership of the materials you provide to Smartek (including feedback and suggestions) or post, upload, input or submit to any Smartek Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Smartek, its affiliated companies and necessary sublicensees permission 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. Smartek is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Smartek'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 Smartek WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Smartek AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Smartek WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Smartek 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.

Smartek 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 Smartek WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Smartek AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Smartek 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 Smartek WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Smartek 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 Smartek WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Smartek WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Smartek OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Smartek WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Smartek WEB SITE.

SERVICE CONTACT : webadmin@smartek.biz

TERMINATION/ACCESS RESTRICTION

Smartek reserves the right, in its sole discretion, to terminate your access to the Smartek 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 the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the Smartek Web Site. Use of the Smartek Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Smartek as a result of this agreement or use of the Smartek Web Site. Smartek's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Smartek's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Smartek Web Site or information provided to or gathered by Smartek with respect to such use. 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. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Smartek with respect to the Smartek Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Smartek with respect to the Smartek 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 an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

PRIVACY STATEMENT

Barrington Group Australia Pty Limited (Barringtons) is committed to protecting your privacy. Please note that the Barringtons/Smartek Privacy Policy can be amended from time to time.

Barringtons collects your personal information so we can perform our Smartek business functions and activities. Barringtons only collects information that is reasonably necessary for one or more of our functions or activities in the Smartek system. The information that we collect, assists in the following:-

Providing our clients with a clear understanding of the level of legislative and policy compliance that your business operates under

Providing our clients with a clear understanding of the level of compliance that your employees, who may interact with our client’s business, operate under

Providing our clients with a clear understanding of the level of compliance that your plant/equipment, that may be used at our client’s business premises, operates under

Assisting our clients with induction processes

Accessing personal information we hold about you and seek the correction of such information

Providing you as a registered entity, access to your personal information to assist you in with ongoing compliance

If you do not disclose the personal information that we are seeking to collect then we may be unable to meet the compliance requirements outlined by our clients in terms of their set levels of compliance management.

We may disclose your personal information to our employees and/or our contractors or service providers and our clients, the clients that you are linked to in the Smartek system, for the purposes of operating of our business or website, responding to our client requests, responding to your requests, or providing our products and services or information to you. We will not disclose your personal information to an unrelated third party, without your consent.

Unless you tell us not to, we may use your personal information to contact you directly about our products or services that we think may be of interest to you by telephone, email or correspondence using the contact details you have provided. You can ask us not to send you marketing information by contacting our Privacy Officer at:

Email: privacy@barringtongroup.com.au

We take all reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification or disclosure. Your personal information is stored on password protected servers located in access controlled secure locations.

Accessing and correcting your information and questions

As a registered user in Smartek, you have 24x7 access to your information. If your business or personal information is incorrect, in some circumstances you have the opportunity to correct it online or alternatively you can contact the Smartek administrator on 1300 238 724.

If you have a question about our Privacy Policy or wish to make a complaint about the way we have collected, used, held or disclosed your personal information, please contact us at:

PO Box 1223

Castle Hill NSW 1765

Phone (02) 9899 0600

Fax (02) 9899 0601

We may need to contact you for further details.
If you are not happy with our response, you are entitled under the Privacy Act to make a complaint to the Office of the Australian Information Commissioner.

SECURITY STATEMENT

The Smartek website, provided by Barringtons, has measures in place to ensure suitable security is in place for your company's data including online payment transactions. This includes:

The Smartek System is hosted a secure location, with physical safeguards, access protection, system redundancy and daily backups of data.

A secure authenticated login to the Smartek website for your contracting company, allowing access to your company's data in Smartek.

Secure Sockets Layer technology (SSL) with 2048 bit encryption used for all pages of the Smartek Website (including login), so all pages with data displayed or entered is encrypted. This effectively makes it impossible for your data to be intercepted and used by unauthorised parties, provided your internet browser and local network support the use of encrypted data transmissions (most browsers and networks support this feature). You will know when transmitted data is safe by the appearance of a secure icon will appear on your browser, . For example, the Microsoft Internet Explorer and Google Chrome browser show a "lock" icon. Secure web pages are indicated by their URL, beginning with 'https://', while unsecured pages begin with 'http://'.

Online Payments in Smartek utilise the PayPal system, widely used and accepted throughout the world for secure payments via Paypal or Credit Card. At no times does Smartek (Barringtons) receive, collect or store your credit card processing details for online payments. Note that (offline) payment is also possible via Credit Card by phone, Direct Debit or Cheque. If you find an unauthorised use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

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