Terms of Use
Terms of Use
Welcome to Smart OHS. The following are the Terms of Use (these "Terms")
that govern use of the Smart OHS web sites (collectively, the "Site"). When
we say the "Site" we are also referring to the all sections of the Site
including, but not limited to sections where you can purchase memberships
and products. By using or visiting the Site, you expressly agree to be
bound by these Terms and to follow these Terms and all applicable laws and
regulations governing the Site. Smart OHS and each of their respective
subsidiaries (collectively "Smart OHS" or "we") reserve the right to change
these Terms at any time, effective immediately upon posting on the Site.
Please check this page of the Site periodically. If you violate these
Terms, Smart OHS may terminate your use of the Site, bar you from future
use of the Site, cancel tickets you receive through the site, cancel your
ticket order, and/or take appropriate legal action against you.
Permitted Use
You agree that you are only authorized to visit, view and to retain a copy
of pages of this Site for your own personal use, and that you shall not
duplicate, download, publish, modify or otherwise distribute the material
on this Site for any purpose other than to review your own information, for
personal use, unless otherwise specifically authorized by Smart OHS to do
so. The content and software on this Site is the property of Smart OHS and
is protected by Australian and international copyright laws. We post a
legal notice and various credits on pages of the Site, which may not be
removed. Please do not remove this notice or these credits, or any
additional information contained along with the notices and credits.
Truthfulness and Accuracy of the Information You Provide; Complying
with Laws; Verifications and Authorizations
You may be asked to provide information during processes you engage in on
the Site. You represent and warrant that all information you provide will
be true, complete and correct, and that you will update all information as
it changes. You also acknowledge that complying with laws is your
responsibility, AND YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO
COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY
LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL
INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION
THEY MAY CONDUCT. If we are unable to verify or authenticate any
information or you provide during any registration, ordering, purchase,
authentication, delivery, payment or remittance process, or any other
process, or if we are no longer able to verify or authorize your credit
card or bank account information, you may be prohibited from using the
Site.
User Contributions to the Site
From time to time, the Site may provide you with opportunities to
contribute to the Site, which may include, but not be limited to, uploading
your user profile, participating in chats and using bulletin boards.
Anything that is contributed to the Site by you or other Site users will be
referred to in these Terms as "User Content". Smart OHS is not liable or
responsible for any User Content. The contributions of third parties do not
necessarily represent the view or opinions of Smart OHS. Smart OHS cannot
preview User Content before it appears. Users can be held liable for any
illegal or prohibited User Content they provide to the Site, including
among other things, infringing, defamatory or offensive materials. If you
discover this kind of material on the Site, please notify us at
info@golfvicvsa.com.au if the
material is on Smart OHS site. We will investigate your claim and may then
take the actions deemed appropriate.
Links and Search Results
The Site may automatically produce search results that reference or link
to third party sites throughout the World Wide Web. Smart OHS has no
control over these sites or the content within them. Smart OHS cannot
guarantee, represent or warrant that the content contained in the sites is
accurate, legal and/or inoffensive. Smart OHS does not endorse the content
of any third party site, nor do we warrant that they will not contain
viruses or otherwise impact your computer. By using the Site to search for
or link to another site, you agree and understand that you may not make any
claim against Smart OHS for any damages or losses, whatsoever, resulting
from your use of the Site to obtain search results or to link to another
site. If you have a problem with a link from the Site, please notify us at
info@golfvicvsa.com.au if the
link is on Smart OHS site, and we will investigate your claim and take any
actions we deem appropriate in our sole discretion.
Prohibited Content
The following is a partial list of the kind of User Content which is
illegal or prohibited on the Site. It includes User Content that:
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Is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; could be harmful to minors;
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Harasses or advocates harassment of another person;
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Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
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Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
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Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
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Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
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Displays pornographic or sexually explicit material of any kind;
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Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
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Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
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Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
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Engages in commercial activities without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Offline Conduct
Although Smart OHS cannot monitor the conduct of users off the Site, it is
also a violation of these rules to use any information obtained from this
Site in order to harass, abuse, or harm another person, or in order to
contact, advertise to, solicit or sell to any Site user without their prior
explicit consent.
Commercial Use
You must obtain our prior written consent to make commercial offers of any
kind, whether by advertising, solicitations, links, or any other form of
communication within this site or to users and members of this site.
Access and Interference
You agree that you will not use any robot, spider or other automatic
device, process or means to access the Site. Nor shall you use any manual
process to monitor or copy our web pages or the content contained thereon
or for any other unauthorized purpose without our prior expressed written
permission. You agree that you will not use any device, software or routine
that interferes with the proper working of the Site nor shall you attempt
to interfere with the proper working of the Site. You agree that you will
not take any action that imposes an unreasonable or disproportionately
large load on our infrastructure. You agree that you will not copy,
reproduce, alter, modify, create derivative works, or publicly display any
content (except for your own personal, non-commercial use) from the Site
without the prior expressed written permission of Smart OHS.
Unauthorized Use of the Site
Any Illegal or unauthorized use of the Site shall constitute a violation
of these Terms of Use. You do not have permission to access the Site in any
way that violates, or in the course of violating, these Terms of Use.. It
shall also be a violation of these Terms of Use: (a) for any individual (or
group of individuals acting in concert) to request, more than 1000 pages of
the Site in any twenty-four hour period (hereafter referred to as "Abusive
Use"); or (b) to use any passcode or password, regardless of whether or not
such password or passcode is unique, to participate in a pre-sale or other
offer on the Site if you are not the original recipient of such passcode.
Suspected Violation of these Terms of Use or Law; Injunctive,
Equitable Relief, and Liquidated Damages
Violations of these Terms of Use, including Unauthorized Use of the Site,
may be investigated and appropriate legal action may be taken, including
without limitation civil, criminal and injunctive redress. You understand
and agree that in Smart OHS's sole discretion, and without prior notice,
Smart OHS may terminate your access to the Site, cancel your order or
products acquired through your ticket, remove any unauthorized User Content
or exercise any other remedy available, if Smart OHS believes that your
conduct or the conduct of any person with whom Smart OHS believes you act
in concert, or the User Content you provide through Smart OHS, violates or
is inconsistent with these Terms or the law, or violates the rights of
Smart OHS, a client of Smart OHS or another user of the Site. You agree
that monetary damages may not provide a sufficient remedy to Smart OHS for
violations of these Terms and you consent to injunctive or other equitable
relief for such violations.
You agree that Abusive Use of the Site, as defined above, causes damage
and harm to Smart OHS in the form of, among other things, impaired
goodwill, lost sales, and increased expenses associated with responding to
Abusive Use of the Site. You further agree that monetary damages for
Abusive Use of the Site are difficult to ascertain and that proof of
monetary damages for Abusive Use would be costly and inconvenient to
calculate. Accordingly you agree that liquidated damages are warranted for
Abusive Use. Therefore, you agree that if you, or others acting in concert
with you, alone or collectively request more than 1000 pages of the Site in
any twenty-four hour period, you, and those acting in concert with you,
will be jointly and severally liable for liquidated damages in the amount
of ten dollars ($10.00) per page request each time that a page request is
made after that first 1000 during that twenty-four hour period. You also
agree that this will be the measure of damages for any Abusive Use that
occurred prior to this provision of these Terms of Use being in effect.
Smart OHS is not required to provide any refund to you if it exercises any
of its rights or remedies because you have violated these Terms or any of
Smart OHS's rights. Additionally, we reserve the right, in our sole
discretion, to modify, suspend or discontinue any part of this Site at any
time, with or without notice to you. We also reserve the right, in our sole
discretion, to impose limits on certain features and services and to
restrict access to any part or to all of the Site without notice to you. We
shall not be liable to you or any third party for any claim or cause of
action arising out of our exercise of the foregoing rights.
Copyright Policy
We will terminate the privileges of any user who uses this Site to
unlawfully transmit copyrighted material without a license express consent,
valid defence or fair use exemption to do so. In particular, users who
submit User Content to this Site, whether articles, images, stories,
software or other copyrightable material must ensure that the User Content
they upload does not infringe the copyrights or other rights of third
parties (including, but not limited, to trademark, trade secret, privacy or
publicity rights). After proper notification by the copyright holder or it
agent to us, and confirmation through court order or admission by the user
that they have used this Site as an instrument of unlawful infringement, we
will terminate the infringing users' rights to use and/or access to this
Site. We may, also in our sole discretion, decide to terminate a user's
rights to use or access to the Site prior to that time if we believe that
an alleged infringement has occurred.
Indemnity
You agree to indemnify and hold Smart OHS and its affiliates, and each of
Smart OHS's and its affiliates' respective officers, agents, employees,
contractors and principals, harmless from any loss, liability, claim or
demand, including reasonable attorneys' fees, made by any third party due
to or arising out of your use of the Site, including also your use of the
Site to provide a link to another site or to upload content or other
information to the Site.
Trademarks
Smart OHS and design are registered trademarks of Smart OHS. All rights
reserved