1.1SMATA TECHNOLOGIES Pty Ltd ABN 46 620 984 938 (Smata) provides this online platform as a cloud-based solution integrating management, communication and accounting functions for its Users.
1.2The Site facilitates the creation of a community around the management relationship between a Strata Manager and an Owners Corporation.
1.3The foundation for the site is the adoption of Smata’s Strata Management software by a Strata Manager as the IT platform for managing its business.
1.4Smata provides this platform for the stakeholders who have a valid interest in the relationship between a Strata Manager and a strata scheme which it manages.
1.5Typically, Users will be Strata Managers, Owners Corporation Committee Members, residents of strata schemes, and service providers to Strata Managers and Owners Corporations.
1.6Defined terms:
(a)“Content” means all information posted or otherwise contributed to the Site by a User.
(b)“Service” means a service which a Service Provider offers via the Site to provide to Users.
(c)“Service Provider” means a User who by posting Content offers to provide services to other Users.
(d)“Service Request” service request is a request made a User using the Site to a Strata Manager authorising the Strata Manager to either commission work be performed on behalf of the User or authorising the Strata Manager to obtain a quote for work to be performed.
(e)“Service Provider Warranties” means the warranty set out in clause 6.
(f)“Site” means the website smata.com.
(g)“User” includes any person who chooses to register and create an account on the Site.
ACKNOWLEDGEMENT AND ACCEPTANCE
2.1Acceptance.
(a)The User accepts these Terms of Use
(b)By using the Site the User acknowledges and agrees that it has had sufficient chance to read and understand the Terms of Use and it agrees to be bound by them. If the User does not agree to the Terms of Use, please do not use the Site.
(c)The User agrees that, except as specifically stated in these Terms of Use, the Site operates "as is" without warranty of any kind either express or implied, including but not limited to the implied warranty of merchantability, non-infringement and fitness for a particular purpose.
2.2Amendments
(a)SMATA may revise the Terms of Use at any time and from time to time without notice to you. The revised Terms of Use will be effective when posted on this Site.
(b)Continued use of the Site after any changes are made to this Agreement shall constitute the User’s agreement to such changes.
2.3Editorial controlThe User acknowledges and agrees:
(a)Smata retains complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in its sole discretion; and
(b)The Site will not operate on a continuous basis and may be unavailable from time to time; including for maintenance purposes.
USE
3.1To become a User, a person must register and create an account. Registration and account creation are free of charge.
3.2A User must be a natural person over the age of 18. A User who represents another entity will be able to nominate that entity.
3.3Access to Content which is non-public information and which may be accessible through the Site will require Users to obtain authorisation from the controllers of that Content.
3.4Users may be required by Smata or other controllers of Content to provide identifying information before access to such Content is granted.
3.5Smata may refuse registration to any person and may cancel a User’s registration in its absolute discretion.
3.6A User should not rely on any Content without verification. A User should verify the accuracy of information published by Service Providers including information in the Service Provider’s profile
3.7The Site contains links to other websites as well as Content added by people other than Smata. Smata does not endorse, sponsor or approve any such User generated Content or any content available on any linked website.
USER OBLIGATIONS
4.1A User must at all times;
(a)comply with these Terms of Use and all applicable laws and regulations;
(b)publish only accurate information on the Site;
(c)be authorised by law to undertake any of the activities which it represents its undertakes.
4.2A User must not use the Site for any illegal or immoral purpose.
4.3A User must ensure that information which it publishes on the Site is kept up-to-date so that the Content is not misleading or deceptive whether by inclusion or by omission.
4.4A User must not allow unauthorised access to its account.
4.5A User must not add any Content to the Site;
(a)unless it holds all necessary rights, licences and consents to do so;
(b)that would cause its or Smata to breach any law, regulation, rule, code or other legal obligation;
(c)that is misleading or deceptive or false or inaccurate whether by reason of its content or by reason of omission
(d)that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(e)that is fraudulent or involves the sale of stolen or counterfeit items;
(f)that would bring Smata, or the Site, into disrepute; or
(g)that infringes the intellectual property or other rights of any person.
4.6Communication and Marketing;
(a)SMATA may from time to time issue marketing or communications aimed at Users within the network. Smata ensures transparent marketing practices, respecting user preferences.
(b)Users can opt-out of these communications at any time by adjusting preferences in their account settings.
WORK ORDER AND QUOTE REQUIREMENTS
5.1Service Requests
(a)A User may use the Site to issue a Service Request. The Service Request is issued to a Strata Manager and may be directed by the Strata Manager to a Service Provider.
(b)By using the Site the User acknowledges and agrees that it has had sufficient chance to read and understand the Terms of Use and it agrees to be bound by them. If the User does not agree to the Terms of Use, please do not use the Site.
(c)A Service Request must contain sufficient information to accurately describe the nature, timing and location of the service which is to be provided.
(d)A Service Request is directed to that User’s Strata Manager.
(e)If the Strata Manager determines that the request for service is a valid Service Request, it will as soon as practicable issue a Work Order or a Request to Quote.
5.2Work Order
(a)A Work Order is a document which authorises the recipient to perform the tasks described in the Work Order.
(b)A Strata Manager may use the Site to issue the Work Order to another User.
(b)A User is not required by these Terms to accept a Work Order but if the User intends to accept a work order it must promptly:
(i)use the Site to inform the Strata Manager that it accepts the Work Order; and
(ii)as soon as practicable, and in any event within any time limits set out in the Work Order, carry out the tasks which are described in the Work Order in accordance with the Service Warranties.
5.3Request for Quote
(a)A Request for Quote is a document by which the Strata Manager requests selected Users and other suppliers to submit a price quote for the opportunity to perform tasks described in the Request for Quote.
(b)A Strata Manager may use the Site to issue the Request for Quote.
(c)A User is not required by these Terms to submit a Quote in response to a Request for Quote.
(d)If a User submits a Quote, the User acknowledges and accepts the if the Quote is accepted, the User must perform the tasks specified in the Quote for the price quoted and in accordance with the Service Warranties.
SERVICE PROVIDER WARRANTIES
6.1Warranties
(a)A Service Provider, will which provides a Service in response to a Work Order or Request for Quote, warrants that:
(i)the Service Provider is fully licensed by relevant government agencies to provide the services which it provides;
(ii)the Service Provider has the skills training and expertise to provide the services which it provides;
(iii)services will be provided with due care and skill in accordance with plans and specifications (if any) referred to in the Work Order, will Request to Quote or Quote;
(iv)all materials supplied by or on behalf of the User will be good and suitable for the purpose for which they are used and that, unless otherwise stated, those materials will be new;
(v)The work will be performed in accordance with, and will comply with, all relevant laws;
(vi)The work will be performed within the time stipulated in the Work Order or Quote, or if no time stipulated, within a reasonable time;
(vii)work which consists of the construction of a dwelling, the making of alterations to a dwelling or the repairing renovation, decoration or protective treatment of a dwelling, will result in a dwelling that is reasonably fit for occupation as a dwelling;
(viii)the work performed and materials used in doing the work will be reasonably fit for the purposes or desired result specified in the Work Order or Quote; and
(ix)the Service Provider has in place all insurance coverage required by law and is otherwise adequately insured for risks inherent in providing the Services.
6.2Reliance
Each Service Provider acknowledges and accepts that the Strata Manager and other Users may rely on the Service Provider’s:
(a)personal skill and judgement in performing the tasks in a Work Order;
(b)A Strata Manager may use the Site to issue the Work Order to another User.
(c)personal skill and judgement in preparing Quotes and in the performance of the work specified in the Quotes; and
(d)on the information which of the User publishes on the Site.
SERVICE PROVIDERS
7.1Service Provider
(a)A Service Provider is a User which offers, by publishing information on the Site, to perform Services for other Users.
(b)A Service Provider must have the right to provide Services in the jurisdiction in which it intends to provide the Services;
(c)A Service Provider must hold the licenses to provide the Services which it offers to provide.
(d)A Service Provider must have the skill knowledge and experience to provide the Services in accordance with these Terms
(e)A Service Provider must be insured as required by law and otherwise to adequately cover the risks associated with providing the Services which it offers to provide
INTELLECTUAL PROPERTY RIGHTS
8.1Nothing in these Terms constitutes a transfer of any intellectual property rights. The Use of acknowledges and agrees that, as between it and Smata, Smata owns all intellectual property rights in the Site.
8.2By posting or adding any content onto the Site, the User grants Smata a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by re-producing, changing, and communicating the content to the public) and permits Smata to authorise any other person to do the same thing.
8.3The User consents to any act or omission which would otherwise constitute an infringement of its moral rights, and if the User adds any content in which any third party has moral rights, it must also ensure that the third party also consents in the same manner.
8.4The licence in clause 8.2 will survive any termination of these Terms.
8.5You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 8.2 and 8.3.
SMATA ROLE
9.1PlatformSmata’s role is limited to providing the platform which creates the Site and enables Users to communicate by way of the Site.
9.2No relationshipNothing in these Terms of Use nor anything arising from the use of the Site constitutes either Smata or a User as the partner, agent, employee or representative of the other.
9.3No Role as Service Provider
(a)Smata is not a Service Provider.
(b)SMATA and Service Providers are separate entities.
(c)Smata does not undertake any investigation of Service Providers before they are added to the Site. Service Providers are responsible for providing profile information. Users Agree that they are solely responsible for verifying the information provided by Service Providers before considering whether to engage that Service Provider.
(d)SMATA does not warrant the Services provided by a Service Provider or provide any cover for faulty workmanship of the Service Provider or for damage to your product or property that arises from or relates to the Services of the Service Provider.
(e)A Service Provider must be insured as required by law and otherwise to adequately cover the risks associated with providing the Services which it offers to provide
DISPUTES WITH SERVICE PROVIDERS
(a)A User dissatisfied with a Service provided by a Service Provider agrees that it is its responsibility to communicate directly with the Service Provider to seek to resolve the problem.
(b)SMATA will not directly participate in the resolution of any disputes between Users including between Users and Service Providers.
(c)Users agree that they will use their best endeavours to resolve a dispute.
(d)SMATA may, but shall not be obliged to contact the Service Provider to facilitate further communication regarding the dispute. However, SMATA is not responsible to or liable to either the User or the Service Provider if a mutually acceptable resolution cannot be reached.
(e)A Service Provider must be insured as required by law and otherwise to adequately cover the risks associated with providing the Services which it offers to provide
LIMITATION OF LIABILITY
(a)To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
(b)To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
(c)These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
(i)in the case of goods:
(A)the replacement of the goods or the supply of equivalent goods;
(B)the repair of the goods;
(C)the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(D)the payment of having the goods repaired, and
(ii)in the case of services:
(A)the supply of the services again; or
(B)the payment of the cost of having the services supplied again.
Each User expressly agrees that these Terms of Use and any issue arising under them shall be governed by the laws of the New South Wales, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction of New South Wales, for the resolution of any such dispute.
INDEMNIFICATION
14.1Each User indemnifies Smata, its directors, agent officers and employees against loss or damage in connection with:
(a)a breach of these Terms of Use by the User including breach of any warranty;
(b)a wilful, unlawful or negligent act or omission by the User (or by any person on its behalf, including a Related Entity, officer, employee, agent or subcontractor);
(c)the User damaging or causing damage to or loss of any tangible property;
(d)the User infringing the intellectual property rights of a third party;
(e)the User breaching a duty of confidentiality; or
(f)personal injury to, or the death of, any person.
14.2For the purpose of this clause 1 (Indemnity), "loss or damage" includes normal loss which any person in Smata's situation might suffer (including direct costs, charges or expenses (including full indemnity legal costs)) and consequential loss (including indirect costs, charges or expenses (including full indemnity legal costs), damages or compensation, lost profits, lost revenue, lost opportunity costs, lost data, loss of management time, loss of goodwill or reputation, public liability and failure to realise anticipated savings).
NETWORK ACCESS
(a)Each User is responsible for obtaining the data network access necessary to use the Site.
(b)A Users mobile network’s data and messaging rates and fees may apply if the User accesses or uses the Site from a wireless-enabled device. The User shall be responsible for mobile networks rates and fees.
TECHNICAL ISSUES
From time to time, you may experience some technical issues with our site. If that happens, there are some things you can check. If site features are loading slowly or unavailable, we might be carrying out scheduled maintenance. Check our system status board for notices of when work is planned. If this shows the site is functioning as normal but you're still experiencing difficulty, you can try clearing your cache and cookies. How to clear cache and cookies depends on which browser you use. Select the link for your browser from the list below to find instructions: