Terms and Conditions

Access to and use of the REMSMART platform is provided by REM-SMART Pty Ltd

(ACN 630 578 933) and its related entities (“REMSMART”) subject to the following terms and conditions:

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1. By accessing or using the REMSMART platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. These Terms take effect immediately upon your first use of the platform

2. The REMSMART platform and all related information, tools, products, and services (including third-party tools, products, or services) are provided on an ‘as is’ and ‘as available’ basis. REMSMART makes no representations or warranties of any kind, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, or availability. No advice or information, whether oral or written, obtained by the user from REMSMART shall create any warranty not expressly stated herein.”

3. In the event of any inconsistency or conflict between these general Terms and Conditions and any specific terms, conditions, notices, or disclaimers appearing elsewhere on the REMSMART platform (including but not limited to those relating to particular products, tools, features, or services), the specific terms shall take precedence to the extent of the inconsistency.

4. If any provision of these Terms and Conditions is found to be illegal, invalid, or otherwise unenforceable under the laws of any jurisdiction in which they are intended to apply, that provision shall, to the extent of such illegality, invalidity or unenforceability, be deemed severed from these Terms. The remaining provisions shall remain in full force and effect and shall continue to be binding and enforceable

5. If you do not accept these Terms and Conditions in full, you are not authorised to access or use the REMSMART platform and must cease use immediately.

6. These Terms and Conditions shall be governed by and construed in accordance with the laws of Western Australia. However, you agree that any disputes arising out of or in connection with these Terms may be heard in any competent court within Australia. You irrevocably and unconditionally submit to the jurisdiction of the courts of Australia.

7. REMSMART may update or modify these Terms and Conditions at any time by posting the revised version on its website and/or the REMSMART platform. Changes will take effect immediately upon posting, unless stated otherwise. It is your responsibility to review the Terms and Conditions periodically for any updates. Continued use of the REMSMART platform after any such changes constitutes your acceptance of the revised Terms and Conditions.

8. All material on the REMSMART platform is protected by intellectual property laws and may not be copied, reproduced, republished, downloaded, posted, broadcast, or transmitted in any form except for your personal use or for internal business use as expressly agreed with REMSMART. You may not adapt, modify, distribute, or create derivative works based on any content from the REMSMART platform without prior written permission from REMSMART. Any other use of the platform’s material for commercial, public, or non-agreed purposes is strictly prohibited.

9. You agree to use the REMSMART platform only for lawful purposes and in a way that does not infringe the rights of, restrict, or inhibit the use and enjoyment of the platform by any other user. Such prohibited conduct includes, without limitation, any activity that is unlawful, defamatory, harassing, obscene, offensive, or otherwise objectionable, or any transmission of material that causes inconvenience, distress, or disruption to others

10. To the fullest extent permitted by law, REMSMART shall not be liable for any loss or damage whatsoever, including without limitation any direct, indirect, incidental, consequential, special, or economic loss or damages (including loss of profits, revenue, business, data, or opportunity), whether arising in contract, tort (including negligence), or otherwise, arising out of or in connection with your use of, or reliance on, the REMSMART platform or any information contained on or omitted from it.

11. REMSMART provides the platform and its features ‘as is’ and does not guarantee uninterrupted or error-free operation. While we strive to correct defects and maintain platform security, we cannot warrant that the platform will always be free from viruses, bugs, or other harmful components. Users are encouraged to implement their own security measures when using the platform.

12. The names, images, and logos identifying REMSMART, as well as those of third parties and their respective tools, products, and services, are proprietary marks of REMSMART and/or the relevant third parties. Nothing in these Terms and Conditions shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark, logo, or patent of REMSMART or any third party without prior written consent.

13. The information provided on the REMSMART platform is intended for general guidance only and does not constitute professional, legal, financial, or human resources advice. REMSMART makes no warranties or representations as to the accuracy, completeness, reliability, or suitability of the information provided, and accepts no liability for any loss or damage arising from reliance on such content. Users should seek independent professional advice appropriate to their specific circumstances.

14. The information provided on the REMSMART platform is for general informational purposes only and should not be regarded as a substitute for professional advice, including legal, financial, human resources, or compliance guidance. While REMSMART endeavours to provide accurate and current information, it makes no warranties or representations, express or implied, as to the accuracy, completeness, reliability, or suitability of any content on the platform, including content generated by REMSMART, on its behalf, or by third parties. Any hyperlinks or references to third-party websites provided on the REMSMART platform are for convenience only and do not form part of the REMSMART platform. Such websites are not under the control of REMSMART, and REMSMART makes no representations or warranties regarding the accuracy, reliability, or completeness of the information contained on any linked third-party site. By accessing these third-party websites, you acknowledge that you do so at your own risk. REMSMART, its related entities, directors, officers, and agents disclaim all liability for any direct or indirect loss or damage arising from your use of or reliance on any content, material, or omissions on such websites.

15. The inclusion of any third-party reference or link on the REMSMART platform does not imply endorsement or recommendation by REMSMART.

16. The REMSMART platform may include content provided by third parties. REMSMART does not verify, monitor, or make any inquiries regarding such third-party content, and accepts no responsibility or liability for its accuracy, completeness, legality, or appropriateness. Such content does not represent the views or opinions of REMSMART, and its inclusion does not imply endorsement or approval. You access and rely on third-party content entirely at your own risk.

17. You represent and warrant that:

    • You will use the REMSMART platform in accordance with these Terms and Conditions, as well as any guidelines, policies, or directions published by REMSMART from time to time on the platform or its website.

    • You will keep your username and password confidential and secure at all times and will not share access credentials with any unauthorised person.

    • You accept full responsibility and liability for any use of your username and password, except where such unauthorised use results directly from a negligent act or omission by REMSMART.

18. You agree to indemnify and hold harmless REMSMART, its officers, employees, and agents from and against any and all claims, liabilities, losses, damages, costs, or expenses (including reasonable legal fees) arising out of or in connection with your violation of any applicable law or the rights of any third party.”

19. To the extent permitted by law, REMSMART excludes all conditions, warranties, guarantees, and representations that may otherwise be implied by statute, common law, or equity.

20. Where any condition or warranty is implied by law and cannot be lawfully excluded, REMSMART’s liability for breach of such condition or warranty is limited, at REMSMART’s option, to:

    • a. In the case of services – the resupply of the services, or payment of the cost of resupplying the services; or

    • b. In the case of goods – the replacement or repair of the goods, or payment of the cost of replacement or repair.