GENERAL
Your use of Smokeball Services is conditional upon your prior acceptance of these Terms of Use. Smokeball reserves the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the ‘Terms of Use’ hypertext link located at the bottom of our Web Home Pages.
SMOKEBALL SERVICES
Through its website, Smokeball Pty Limited (‘Smokeball’) provides you with access to a variety of resources, content, forms, precedents, publications, audio and video recordings, compositions, software, communication services, artworks, products and product information (called ‘Smokeball Services’). The websites and Smokeball services are protected by the laws relating to Intellectual Property.
SMOKEBALL SERVICES ARE NOT LEGAL ADVICE
None of the Smokeball Services constitutes legal advice. The facts of each case will be different and you must satisfy yourself that Smokeball Services are appropriate for the particular case or circumstances for your intended use. Smokeball and any of its authors or suppliers are not providing legal advice nor do they warrant that Smokeball Services are entirely free of defects or fit for any specific purpose and neither Smokeball nor its authors nor its suppliers accepts any liability for any errors or omissions in Smokeball Services and any loss or damages resulting from or connected with the use of Smokeball Services. Smokeball, its authors and suppliers recommend that you be familiar with the applicable laws and legal procedures relating to the use of Smokeball Services, or otherwise should seek legal advice, before using Smokeball Services. Smokeball accepts no liability for the content by the author provided via Smokeball Services. Smokeball Services could include technical inaccuracies or typographical errors. Changes are periodically made to the information therein. Smokeball and/or its authors and/or its suppliers may make changes to Smokeball Services at any time in their sole discretion without notice or liability.
USE OF SMOKEBALL SERVICES
Use of Smokeball Services requires a compatible device, Internet access, and certain software, and may require obtaining updates or upgrades from time to time. Because use of Smokeball Services involves hardware, software, and Internet access, your ability to use Smokeball Services may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements are entirely your responsibility, and may change from time to time.
LIMITATION OF USE OF SMOKEBALL SERVICES
Smokeball Services are made available for your personal use and for use in the ordinary course of your business and expressly for:
(a) the giving of professional advice to your clients;
(b) the purposes of your own professional development; and
(c) inclusion in professional advices, papers, submissions, communications to and for your clients and potential clients, the preparation of tenders, reports, submissions and other like documents
(d) where you are educational institution approved by Smokeball for the purposes of supplying educational services, research or study; essays, theses, papers, submissions, communications to and publications for your students, and other like documents
Other than provided in items (a) to (d) above, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, information, software, products or services obtained from Smokeball Services Any exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any of Smokeball Services.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of Smokeball Services, you will not use Smokeball Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Smokeball Services in any manner that could damage, disable, overburden, or impair any Smokeball server, or the network(s) connected to any Smokeball server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorised access to any Services, other accounts, computer systems or networks connected to any Smokeball server or to any of Smokeball Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Smokeball Services.
CANCELLATION POLICY
Smokeball in its sole discretion may immediately suspend, terminate or limit your access to Smokeball Services if you are in breach of the Terms of Use and will notify you of such suspension, termination or limitation by email within two (2) business days.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of Smokeball Services requires you to open an account, you must complete the registration process by providing Smokeball with current, complete and accurate information (‘Registration Data’). You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Smokeball immediately of any unauthorised use of your account or any other breach of security. Smokeball will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Smokeball or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Smokeball may terminate your rights to any or all of Smokeball Services if any information you provide is false, inaccurate or incomplete. You agree that Smokeball may store and use the Registration Data you provide (including payment card information) for use in maintaining your accounts and for billing fees to your payment card.
LINKS TO THIRD PARTY WEBSITES
The Websites and Smokeball Services contain links to third party websites (‘the Links’) which are external to the Websites and Smokeball Services. Smokeball makes no warranties and accepts no liability for the Links; the content and/or the accuracy, correctness, currency and/or reliability of such content therein; or any consequence of acting upon the contents of any website which is not owned/operated by Smokeball. Smokeball does not endorse the content, or the use, of such websites, material or content linked from or to this website. Users of the Links are responsible for being aware of which organisation is hosting the website they visit. Views or recommendations provided in linked websites do not necessarily reflect those of Smokeball.
PRIVACY
While Smokeball takes reasonable precautions to prevent unauthorised access to or use of personal information and confidential information, the use of electronic communications and electronic data storage systems means that there remains a possibility that such information may be accessed by unauthorised persons. To read the Smokeball Privacy Statement click here
HOW TO CONTACT US
If you have any questions in relation to the Terms of Use, please contact us on 1300 292 602 between 9.00am and 5.00pm, Monday to Friday. Alternatively, you can write to us Smokeball Pty Ltd, GPO Box 4029 Sydney NSW 2001, or by sending an email to info@smokeball.com.au
