Terms of Use

The SME Secrets website is owned and operated by SME Secrets Pty Ltd. By accessing and using our website, you accept and comply with the Terms of Use. SME Secrets has the right to amend the Terms of Use at any time. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the website.

SME Secrets reserves the right to suspend or cancel an account holder's access to any or all services provided by SME Secrets when we decide (at its absolute discretion) that the account has been used in breach of the Terms of Use.

User License

By placing material or information on our website (including posting messages, inputting data) you grant SME Secrets irrevocably unrestricted licence to:

  1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
  2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

Advertising, links to third party websites and e-commerce offers

The website contains hyperlinks and other pointers to Internet websites operated by third parties. These linked websites are not under the control of SME secrets and we are not responsible for the contents of any linked website or any hyperlink contained in a linked website. SME Secrets provides these hyperlinks to you as a convenience only. You link to any such website entirely at your own risk. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other sites.

The website also contains third party advertisements (including banner ads and full page advertisements) which contain embedded hyperlinks or which include referral buttons to websites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and are not recommendations or endorsements by SME Secrets.

In some instances, the advertisement will contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's website and executing the relevant transaction. Such offers are not made by SME Secrets and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party website.

In addition to the terms in this document, there are also specific and additional terms which form part of the Terms of Use and which govern your use of, and access to, certain areas on our website. Since you are also bound by these specific terms, you should review them before using these particular sites.


Specific Terms of Use for User Created Content

The SME Secret website contains electronic bulletin boards, chat rooms, and other user Created content which provide for feedback by users to SME Secrets, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services ("User Created Content").

  1. Your use of User Created Content It is a condition of your use of any User Created Content and your access to the Network that you do not do any of the following:
    1. restrict or inhibit any other user from using or enjoying any forum;
    2. post or transmit any material:
      1. which is (or could reasonably be expected to be) unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent, including without limitation transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
      2. of any kind which is not your original work, or which violates or infringes (or could reasonably be expected to violate or infringe) upon the rights of any other person, including material which is protected by copyright, trademark or other intellectual property rights;
      3. which you know (or reasonably ought to know) to be false, misleading or deceptive;
      4. of any kind which contains a virus or other harmful component;
      5. or in any way exploit any material for commercial purposes or which contains any promotional material or advertising;
      6. which is an invasion of any privacy or publicity rights; or
      7. which racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on gender, age, race, religion, sexual orientation, or any other physical or mental disability
    3. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; and
    4. download any file posted by any other user of a forum if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
  2. SME Secrets Rights
    1. SME Secrets may from time to time monitor or review the contents of User Created Content. While SME Secrets reserves the right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in SME Secrets sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, SME Secrets has no obligation whatsoever to monitor any User Created Content or to edit, delete or refuse to post such contents, nor is responsible for any User Created Content (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the Network are solely their own). You expressly acknowledge and agree that the User Created Content provides a means of public and not private communications. It is therefore your responsibility to ensure what you post will be seen in the public arena.
    2. SME Secrets retains the right and discretion to terminate your access to any User Created Content if we believe you are abusing the service or breaching any of these Terms of Use.
    3. SME Secrets reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law, and in doing so you consent to us collecting and storing your IP address.
  3. Disclaimer and Indemnities
    1. You acknowledge that the comments or opinions contained in the User Created Content are not the comments or opinions of SME Secrets, and SME Secrets accepts no liability in relation to material posted including its content or accuracy.
    2. You agree to fully indemnify and hold harmless SME Secrets and its related entities against liabilities, claims, loss (including consequential loss) or damage incurred:
      1. due to your reliance on any User Created Content;
      2. as a result of material you post or as a result of any breach by you of these terms and conditions.

Services incurring a fee

Some of the Services require you to pay a fee. You agree to pay all fees and charges that you incur. Unless otherwise stated, all currency references are in AU dollars. We may, upon notice if required by applicable laws, at any time change the amount of, or basis for determining, any fee or charge, or institute new fees or charges. All fees and charges are payable in accordance with payment terms in effect at the time the fee or charge becomes payable.

Privacy Policy

All the personal information, payment details we collect are subject to our Privacy Policy. Please click here to see our full Privacy Policy.

Your Conduct on Our Sites

As much as we collect and store your personal information, it is imperative that when your personal details are required, you will provide accurate, current and complete information. You will ensure that your details are updated. If a password is issued, it is your responsibility to ensure the password is not revealed. SME Secrets cannot and will not be held responsible for a breach of security. You will agree to immediately notify SME Secrets at the first instance if a breach has occurred.

The technology and software essential to our sites and the Services is the property of SME Secrets. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software essential to our sites or the Services. You agree not to modify the software essential to our sites in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorised access to our sites.

Without limiting the abovementioned, you agree that you will not use our sites to take any of the following actions:

Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;

Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;

Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;

Download any file that you know or reasonably should know, cannot be legally obtained 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;

Restrict or inhibit any other user from using and enjoying any public area within our sites;

Collect or store personal information about other end users;

Interfere with or disrupt our sites, servers or networks;

Impersonate any person or entity, including, but not limited to, a SME Secrets representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites, or to manipulate your presence on our sites;

Take any action that imposes an unreasonably or disproportionately large load on our infrastructure.

Engage in any illegal activities

You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums"), only to send and receive messages and material that are proper and related to that particular Forum.

If you choose a username that, in our sole discretion, is obscene, abusive or which might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these options.

Unauthorised access to our sites is a breach of these Terms and a violation of the law. You agree not to access our sites by any means other than through the interface that is provided by SME secrets for use in accessing our sites. You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of our sites except those automated means that we have approved in advance and in writing.

Use of our sites is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our sites.

Disclaimers

We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our sites. We disclaim any responsibility for service outages that are caused by our maintenance on the servers or the technology that underlies our sites, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of nature, war, civil disturbance or other cause beyond our reasonable control.

We do not certify that our site will be error free.

We are not responsible for any potential damages to your computer system or loss of data as a result of any material you download from our site. That is solely your responsibility.

Notifications & communications

In addition to general Account, Billing and Service communications, SME Secrets will, from time to time, issue email notifications relating to our services, including, but not limited to Newsletters, Announcements, Promotional and Seasonal offers, and Surveys. By entering into agreement with this Term of Use, you agree to receive email communications by inferred consent until such time as you decide to opt-out of such communications. You may opt out of our mailing list at any time by sending an email to unsubscribeme@smesecrets.com.au or by following 'unsubscribe' instructions contained within the communications

Please review our Privacy Policy for full details of our use of personal data.