website terms and conditions of use
Disclaimer
All of the material published on this web site is for information purposes only and does not constitute advice. The information on this site is current at the date of publication but may be subject to change. Whilst Smith Madden Group have made every effort to ensure that information is free from error, we do not guarantee that the information or images are current, complete or correct and accept no responsibility therefor. Smith Madden Group do not accept liability for errors, omissions in, delays or interruptions to or cessation of access to this website, through negligence or for any other reason whatsoever. Smith Madden Group do not guarantee that this website or third party websites will be free from viruses.
References to other sites are provided as an information service only and should not necessarily be construed as an endorsement. Conversely, omissions should not be construed as non-endorsement.
Although every care is taken to provide links to suitable material from this site, the nature of the Internet prevents us from guaranteeing the quality, suitability, completeness or accuracy of any of the material that this site may be linked to. Consequently, Smith Madden Group can accept no responsibility for the content of that material including any unsuitable or inaccurate material that may be encountered.
Also, Smith Madden Group are not responsible for the accuracy or legitimacy of information found elsewhere on the Internet and there is no guarantee that any of the sites listed will be available at any particular time. Subject to any terms implied by law and which cannot be excluded, we accept no responsibility for any loss, damage, cost or expense (whether direct or indirect) incurred by you as a result of any error, omission or misrepresentation in any information in this site.
Smith Madden Group do not guarantee any services which might be announced nor provide any authorisation direct or indirect relating to use of information or links.
Intellectual Property Rights
Except for the copyright in these Terms and Conditions of use, Smith Madden Group asserts copyright and all other intellectual property rights in this website, unless otherwise stated. Except where indicated to the contrary, all trade marks which appear on this website are the property of Smith Madden Group and are indicated by the appropriate symbol.
Smith Madden Group also reserve copyright and all other intellectual property rights in all our documents and images appearing on or linked to this web site. Users of this website may download a single copy of these documents and images for their personal use only.
Except where allowed in this notice or permitted under the Copyright Act 1968 (Cth) or other applicable laws, no information appearing on or linked to by this web site in which we have reserved copyright shall be reproduced in any form, adapted or transmitted in any form by any process, including electronic form, without our express permission.
Withdrawal and Suspension of Service
Smith Madden Group may withdraw completely, or suspend for a period of time, this website, or access to it for any reason including without limitation:
- if there is an interruption, fault, virus, unauthorised access, denial of service or other malicious attack on any part of our computer or telecommunications system;
- if you breach any part of these Terms of Use;
- if you use this website for an inappropriate purpose, including the storage or transmission of inappropriate or offensive material.
Privacy Policy
Smith Madden Group respect the privacy of our clients, agents and associates and protect your personal information. We comply with the National Privacy Principals (NPPs) as implemented under the Privacy Amendment (Private Sector) Act 2000 ('Privacy Act'), which came into effect on 21 December 2001. The Privacy Act established a national scheme for the handling of personal information by private sector organisations. The NPPs are the minimum privacy standards.
This Privacy Policy outlines how Smith Madden Group safeguards the privacy of your personal information in compliance with the privacy laws. The scope of the principles set out in our Privacy Policy extends to any personal information you give to us in person, through the telephone, via our website or pursuant to any other arrangement.
Acts and practices of ours which are directly related to the employee records of our current and former employees are exempt from the coverage of the NPPs and this Privacy Policy does not apply to them.
Our Commitment to Protecting Your Privacy
Meaning of 'Personal Information'
Personal information means any information or opinion about you from which your identity is apparent or can reasonably be established.
Collection of your Personal Information
Smith Madden Group only collects personal information from you, which is necessary for conducting our business, providing our services to you and meeting our legal obligations. We collect personal information about you only by lawful and fair means and not in an unreasonably intrusive way.
Smith Madden Group take reasonable steps to ensure that you know why we are collecting your personal information, what we use it for, to whom we disclose it and how you can access is to ensure its accuracy.
Where reasonable and practicable to do so, Smith Madden Group collects personal information about you directly from you. Generally, we may collect personal information about you when you meet with us in person, contact us by telephone, facsimile or email, correspond with us by mail or when you request further information about our services through our website.
Generally, Smith Madden Group only collect personal information from our website when you provide it to us voluntarily, for example when you send Smith Madden Group an email, or complete an electronic enquiry form requesting further details about our services.
The type of personal information which we collect depends on the nature of your dealings with us. The personal information we collect from you usually includes your name, title, address and contact numbers.
Occasionally, while acting on your behalf Smith Madden Group may collect personal information about you from a third party such as organisations with whom you may have dealings, an information service provider or from a publicly maintained record.
Use and Disclosure of your Personal Information
Smith Madden Group endeavours to use and disclose personal information about you only for the primary purpose for which we have collected it. The primary purpose of collection may relate to the provision of our services considering your application for employment with us; obtaining services from you; or marketing our services to you.
Sometimes it may be necessary to use or disclose your personal information for a secondary purpose, which is related to the primary purpose of collection, such as generating bills and reminder notices, or providing any marketing material, or newsletter to you.
Smith Madden Group do not disclose or sell personal information we collect and hold to third parties in order to allow them to directly market their products and services to you.
Maintaining the Quality of your Personal Information
Smith Madden Group takes reasonable steps to make sure that the personal information which we collect, use or disclose is accurate, complete and up-to-date.
If you believe that the personal information we hold about you is inaccurate, incomplete and not up-to-date, please contact our Privacy Officer Lee Davy on + 613 9663 6055, or by emailing privacy@smithmadden.com.au, and we will take reasonable steps to amend the information. If we disagree with your view about the accuracy, completeness or currency of a record of your personal information which we hold, and you request us to associate with that record a statement that you have an opposing view, we will take reasonable action to do so.
Securing your Personal Information
Smith Madden Group will take reasonable steps to protect the personal information which we hold from misuse and loss, and from unauthorised access, modification or disclosure.
To protect your personal information, we have implemented physical, computer and network, communications and personnel security measures. Locks and a monitored alarm system secure our office and data storage facilities. Authorised users who have been issued passwords and specific user identifiers can only gain access to our computer system.
Smith Madden Group takes reasonable steps to destroy or permanently de-identify your personal information if it is no longer needed by us. We have in place systems for destroying or de-identifying personal information that is no longer required, such as shredding of paper documents that contain such information.
Fostering Openness
Our Privacy Policy demonstrates our commitment to protecting your personal information and sets out the information handling practices, which we have implemented to achieve this aim.
Upon a request by you, we will take reasonable steps to notify you, in general, what type of personal information we hold about you, for what purposes, and how we collect, hold, use and disclose that information.
Accessing your Personal Information
Subject to the exceptions outlined in the Privacy Act, you may gain access to the personal information that we hold about you by contacting our Privacy Officer.
Smith Madden Group will deal with your request within a reasonable time. Smith Madden Group may charge you a reasonable fee for retrieving the personal information we hold about you and providing you with a copy of it.
In the event that we deny you access to your personal information, we will provide reasons for our decision to do so.
Our Contact Details
If you would like to find out more about Smith Madden Group's management of personal information or our approach to privacy, please contact our Privacy Officer Lee Davy on + 613 9663 6055, or by emailing privacy@smithmadden.com.au
Amendment to Privacy Policy
Smith Madden Group reserves the right to amend our Privacy Policy as and when it becomes necessary. We will issue notice about any changes to the content of this policy by publishing an updated version on our website - http://www.smithmadden.com.au
Acceptance and Changes to Terms of Use
You acknowledge and accept that your use of this website indicates your acceptance of these Terms and Conditions of Use, the Intellectual Property Rights Notice and the Privacy Statement.
These Terms of Use replace any other terms of use for this website published on this website to date. Smith Madden Group may at any time vary the Terms of Use by publishing variations on this website. You accept that by doing this, we have provided you with sufficient notice of the variation.
Termination
If in our reasonable opinion, you breach any of these Terms of Use, Smith Madden Group may suspend, terminate or limit your access to this website and terminate the Terms of Use effective immediately.
If any of these Terms of Use are invalid or unenforceable, the relevant term will be struck out and the remaining terms will remain in force. If Smith Madden Group do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches.
Governing Law
This notice and the information on this site and all matters relating thereto are governed by and are to be construed according to the laws applicable in the State of Victoria, Commonwealth of Australia. The parties irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia and the courts of appeal from them for determining any dispute concerning these Terms of Use.
Copyright © 2005 Griffith Hack Lawyers
This information is Copyright 2005 Griffith Hack Lawyers and cannot be printed