Welcome to SMART MOVE (the ‘Application’). The Application provides a unique, and efficient method to update a User’s contact address and details with multiple Service Providers (the ‘Services’)

The Application is operated under license by SMART MOVE App Pty. Ltd (also referred to as SMART MOVE App) ACN 634 952 211. Access to and use of the Application, or any of its associated Products or Services, is provided by SMART MOVE App. Please read these terms and conditions (the ‘Terms’) carefully. SMART MOVE App reserves the right to review and change any of the Terms by updating this page at its sole discretion. When SMART MOVE App updates the Terms, it will use reasonable endeavours to provide you with a notice of update to the Terms.

Any changes to the Terms take immediate effect from the date of their publication. Before continuing, we recommend you keep a copy of the Terms for your records

1. General Terms and User Authorisation

1.1. your access to this Application or website is conditional upon your acceptance of and compliance with the following terms, conditions and disclaimers listed below – the ‘Terms of Use’

1.2. the Terms of Use and any additional terms and conditions posted here from time to time govern your use of this internet site

1.3. your participation, use of and/or access to this Application or website demonstrates your consent and agreement to the Terms of Use and since you are bound by these Terms of Use, you acknowledge that you will periodically refer back to them

2. Intellectual Property

2.1. all material published on this Application or website is subject to the copyright of SMART MOVE HOLDINGS LIMITED ACN 627 143 926, and any of its subsidiary companies

2.2. unauthorised reproduction of any material is not permitted however, you may print pages for personal use and save a copy of the pages to the hard drive of the mobile device or computer you used to access this site

2.3. there is strict prohibition against:

2.3.1. copying any material on this site for incorporation into another web page, publication or other work in any form: or

2.3.2. linking this web address, the Application or any of the associated pages to or from another internet address or web page without our prior expressly written consent

2.4. SMART MOVE trademarks, service marks, slogans and trade names are owned and registered by SMART MOVE HOLDINGS LIMITED and licensed to SMART MOVE App Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to: SMART MOVE App does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by SMART MOVE App

2.4.1. various other trademarks are used as identifiers or placemarks in this App – these are owned by their respective owners. Neither SMART MOVE HOLDINGS LIMITED, SMART MOVE App Pty Ltd or any of their respective employees claim any ownership or relationship with those trademarks.

3. Site Use and Subscription To Use the Services

In order to access the Services, you must first purchase a subscription through the Application (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’). In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use. Once you have purchased the Subscription, you will then be required to register for an account through the Application before you can access the Services (the ‘Account’).

As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) email address

(b) preferred username

(c) home address

(d) phone number

(e) password

(f) previous home address, new home address

3.1. You warrant that any information you provide to SMART MOVE App in the course of completing the registration process will always be accurate, correct and up to date

3.2. once you have completed the registration process, you will be a registered member of the Application (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period’)

3.3. you may not use the Services and may not accept the Terms if you are not of legal age to form a binding contract with SMART MOVE App; or if you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services

3.4. this Application must only to be used for the purpose of updating your own personal details. It is a criminal offence to impersonate another person for the purpose of changing their details, no matter what relationship they may have with you e.g. sibling, child or spouse. Any breach will be dealt with swiftly to the full extent of the law

3.5. by accessing this Application or website, you agree to be bound by all applicable laws, regulations and codes of conduct. You specifically agree not to:

3.5.1. impersonate any person or entity;

3.5.2. distribute by way of email or other digital method, transmit or publish any material which is unlawful, defamatory, indecent or offensive;

3.5.3. engage in or promote any unsolicited messaging, emails or spamming via the Application or website;

3.5.4. make available using the Application or website, any material that you do not have a right to make available under any law or contractual obligation.

3.5.5 introduce any material which contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware

3.5.6 subject to our Privacy Statement, the right is reserved by SMART MOVE App Pty Ltd to monitor and disclose any information necessary to the relevant authorities, in order to comply with all applicable laws and regulations

3.6 Payment

Where the option is given to you, you may make payment of the Subscription Fee by way of Credit Card Payment (‘Credit Card’) or PayPal (‘PayPal’).

3.6.1 all payments made in the course of your use of the Services are made using PayPal. In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the PayPal terms and conditions which are available on their Application.

3.6.2 You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee .

3.6.3 You agree and acknowledge that the Company can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

4. Your Obligations as a Member – you agree to comply with the following:

(a) you will use the Services only for purposes that are permitted by: (i) the Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(b) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(c) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify SMART MOVE App of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(d) access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of SMART MOVE App providing the Services;

(e) you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of SMART MOVE App;

(f) you will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application;

(g) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by SMART MOVE App for any illegal or unauthorised use of the Application; and

(h) you acknowledge and agree that any automated use of the Application or its Services is prohibited

5. Disclaimers

5.1. reasonable endeavours have been used by www.smartmoveapp.com.au to ensure that material contained on this Application and website and all its internal links was correct at the time the page was published and last modified.

5.1.1 while we endeavour to ensure the accuracy and completeness of the content, we make no warranties and accept no responsibilities for any loss or damage you may suffer as a result or your reliance on any part of it

5.2. SMART MOVE HOLDINGS LIMITED is reliant on you that the information you supply via the Application or website, is both factual and accurate. We are not responsible for any spelling errors, geographical errors or typo’s that you make when inputting your details – you alone must ensure that the information you provide is accurate.

5.2.1 you should confirm all information you are providing via this Application or website is correct before submitting it – if you make an error it is your responsibility to rectify that immediately

5.3. we make no representations or warranties and exclude all liability specifically relating to:

5.3.1. any of the content on the Application or website including the accuracy, completeness or fitness for any purpose of the content;

5.3.2. external links to Service Providers and their websites. Further, we do not accept any responsibility for, or endorse the content or condition of, any Service Provider’s website. Nor will we be held liable in connection with Service Providers not actioning the updated contact details and other information, that you may have provided: or

5.3.3. this Application or website or any of its material being virus free. Appropriate security steps are taken by us and monitored daily. It is therefore a condition of use that appropriate steps shall also be taken by you in this respect and you shall not hold us responsible for any virus or related script that may be introduced into your system by using this Application or website

5.3.4. other trademarks used in this App are for identification purposes only and are the intellectual property of their owners. SMART MOVE HOLDINGS LIMITED and SMART MOVE App Pty Ltd claim no relationship with those trademarks.

6. Access

6.1. our best endeavours will be employed to ensure we are able to provide constant, uninterrupted access to this Application or website. However, we cannot and do not guarantee that this will always be the case and as such we accept no responsibility or liability for any interruption or delay

6.2 competitors are not permitted to use or access any information or content on our Application. If you are in the business of providing similar Services to users for a commercial gain, whether they are business users or domestic users, then you are a competitor of the Company and/or SMART MOVE App. If you breach this provision, the Company will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.

7. Privacy

7.1. we will never sell, rent or otherwise provide your personal information to any company or entity, for any reason. Your personal details are not used for any purpose other than updating Service Providers with your details.

7.1.1 our Privacy Statement governs the use of personal information that you provide to us. To view our Privacy Policy, please click on this link: www.smartmoveapp.com.au/privacypolicy

8. Advertising

8.1. we accept no responsibility for the content of any marketing or advertising material published to you via this Application or website.

8.1.1 it is the sole responsibility of Service Providers to ensure the suitability and accuracy of any advertising material, offer or content which is submitted to us and published via the Application or website. This responsibility includes ensuring that it complies with all relevant state and federal legislation

9. Liability and Indemnity

9.1. you acknowledge, agree and understand that you will fully indemnify us if we suffer any loss or damage or incur any costs in connection with your breach of these Terms of Use or any other legal obligation by you or your use of or conduct on the web site

9.2. we exclude all conditions and warranties which may be implied by law other than any rights and remedies available to you in the Trade Practices Act (Cth) or any similar State or Territory legislation in relation to the provision by us of any goods or services via the Application or website which cannot be excluded, restricted or modified

9.3. at our option and to the extent permitted by law, our liability for breach of any implied warranty or condition which cannot be excluded, is restricted to, in the case of services supplied or offered by us:

9.3.1. the re-supply of those services; or

9.3.2. payment of the cost of having those services re-supplied: and

9.3.3. in the case of services supplied or offered by a Service Provider, manually updating the relevant Service Provider with your correct details

9.4. you agree that in no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of whatever nature howsoever arising, including from:

9.4.1. the use of or access to, or any inability to use or access, the Application or our website nor any links within the Application of on the website: and

9.4.2. unauthorised access to, or unauthorized alternations to, your transmitted data

10.Variation

10.1. these Terms of Use may be varied from time to time at our discretion. It is your responsibility to review the Terms of Use on a regular basis

10.2. you will be deemed to have accepted any variation if you continue to use the site, after the variation has been posted

11. General Disclaimer

11.1. nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

11.2. subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(b) SMART MOVE App will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

11.3. use of the Application and the Services is at your own risk. Everything on the Application and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of SMART MOVE App make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of SMART MOVE App) referred to on the Application.

This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);

(c) costs incurred as a result of you using the Application, the Services or any of the products of SMART MOVE App; and

(d) the Services or operation in respect to links which are provided for your Convenience

12. Limitation of liability

12.1. SMART MOVE App’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you

12.2. you expressly understand and agree that SMART MOVE App, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss

13. Indemnity

13.1. you agree to indemnify SMART MOVE App, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;

(b) any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or

(c) any breach of the Terms

14. Dispute Resolution

14.1. Compulsory: if a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

14.2. Notice: a party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

14.3. Resolution: on receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

(a) within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;

(b) if for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Conflict Resolution Service or his or her nominee;

(c) the Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(d) the mediation will be held in Sydney, New South Wales, 2000, Australia.

14.4. Confidential: all communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

14.5. Termination of Mediation: if 14 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so

15. Venue and Jurisdiction

The Services offered by SMART MOVE App are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia

16. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

17. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

18. Applicable Law

These Terms will be governed by and construed in accordance with the laws of the State of New South Wales, Australia

 

 

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