Website Terms of Use

About these Terms of Use 

Please read these Terms of Use before accessing or using the website at www.smartgroup.com.au (the ‘Website).

Agreement between User and Eastern Health Salary Packaging

The Eastern Health Salary Packaging Web Site is comprised of various Web pages operated by Eastern Health Salary Packaging.

The Eastern Health Salary Packaging Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Eastern Health Salary Packaging Web Site constitutes your agreement to all such terms, conditions, and notices.

Modification of these Terms of Use

Eastern Health Salary Packaging reserves the right to change the terms, conditions, and notices under which the Eastern Health Salary Packaging Web Site is offered, including but not limited to the charges associated with the use of the Eastern Health Salary Packaging Web Site.

Links to Third Party Sites

The Eastern Health Salary Packaging Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Eastern Health Salary Packaging and Eastern Health Salary Packaging is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Eastern Health Salary Packaging is not responsible for webcasting or any other form of transmission received from any Linked Site. Eastern Health Salary Packaging is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Eastern Health Salary Packaging of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Eastern Health Salary Packaging Web Site, you warrant to Eastern Health Salary Packaging that you will not use the Eastern Health Salary Packaging Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Eastern Health Salary Packaging Web Site in any manner which could damage, disable, overburden, or impair the Eastern Health Salary Packaging Web Site or interfere with any other party's use and enjoyment of the Eastern Health Salary Packaging Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Eastern Health Salary Packaging Web Sites.

Use of Communication Services

The Eastern Health Salary Packaging Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed 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 contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Eastern Health Salary Packaging has no obligation to monitor the Communication Services. However, Eastern Health Salary Packaging reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Eastern Health Salary Packaging reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Eastern Health Salary Packaging reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Eastern Health Salary Packaging's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Eastern Health Salary Packaging does not control or endorse the content, messages or information found in any Communication Service and, therefore, Eastern Health Salary Packaging specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Eastern Health Salary Packaging spokespersons, and their views do not necessarily reflect those of Eastern Health Salary Packaging.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials Provided to Eastern Health Salary Packging or Posted at any Eastern Health Salary Packaging Website

Eastern Health Salary Packaging does not claim ownership of the materials you provide to Eastern Health Salary Packaging (including feedback and suggestions) or post, upload, input or submit to any Eastern Health Salary Packaging Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Eastern Health Salary Packaging, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Eastern Health Salary Packaging is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Eastern Health Salary Packaging's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

As a condition of your use of the Eastern Health Salary Packaging Web Site, you warrant to Eastern Health Salary Packaging that you will not use the Eastern Health Salary Packaging Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Eastern Health Salary Packaging Web Site in any manner which could damage, disable, overburden, or impair the Eastern Health Salary Packaging Web Site or interfere with any other party's use and enjoyment of the Eastern Health Salary Packaging Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Eastern Health Salary Packaging Web Sites.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE EASTERN HEALTH SALARY PACKAGING WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EASTERN HEALTH SALARY PACKAGING AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE EASTERN HEALTH SALARY PACKAGING WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE EASTERN HEALTH SALARY PACKAGING WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

EASTERN HEALTH SALARY PACKAGING AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE EASTERN HEALTH SALARY PACKAGING WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EASTERN HEALTH SALARY PACKAGING AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EASTERN HEALTH SALARY PACKAGING AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE EASTERN HEALTH SALARY PACKAGING WEBSITE, WITH THE DELAY OR INABILITY TO USE THE EASTERN HEALTH SALARY PACKAGING WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE EASTERN HEALTH SALARY PACKAGING WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE EASTERN HEALTH SALARY PACKAGING WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EASTERN HEALTH SALARY PACKAGING OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Eastern Health Salary Packaging WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EASTERN HEALTH SALARY PACKAGING WEBSITE.

Service Contact: Use easternhealth@seqoya.com.au

Termination / Access Restriction

Eastern Health Salary Packaging reserves the right, in its sole discretion, to terminate your access to the Eastern Health Salary Packaging Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the Eastern Health Salary Packaging Web Site. Use of the Eastern Health Salary Packaging Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Eastern Health Salary Packaging as a result of this agreement or use of the Eastern Health Salary Packaging Web Site. Eastern Health Salary Packaging's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Eastern Health Salary Packaging's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Eastern Health Salary Packaging Web Site or information provided to or gathered by Eastern Health Salary Packaging with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Eastern Health Salary Packaging with respect to the Eastern Health Salary Packaging Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Eastern Health Salary Packaging with respect to the Eastern Health Salary Packaging Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Copyright and Trademark Notices

All contents of the Eastern Health Salary Packaging Website are: Copyright 2016 Eastern Health and/or its suppliers. All rights reserved.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

These Terms of Use apply to the use of this Website, including the use of the information offered on this Website, which is operated on behalf of Smartgroup Corporation Ltd (ABN 48 126 266 831) and its related bodies corporate (‘we’, ‘us’ and ‘our’). 

These Terms of Use incorporate our Privacy Policy, which is accessible here.  

In accessing and using this Website, you agree to be bound by and comply with these Terms of Use (including our Privacy Policy). If you do not accept these Terms of Use, you must refrain from using the Website. 

We may change these Terms of Use from time to time, and such modifications will become effective upon posting the modified Terms of Use on the Website. Any use of the Website by you after such modified Terms of Use have been posted will be deemed acceptance by you of those modified Terms of Use.

Information on the Website 

You must not access or use this Website for any purpose that is unlawful or prohibited by these Terms of Use. 

You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. Except as required by law, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Website or any Third Party Websites (defined below). 

The information provided on this Website is of a general nature only, and does not constitute financial advice, and nothing in it constitutes or is intended to constitute an offer of, or an invitation to purchase or subscribe for, securities. You should make your own enquiries before acting or relying on any information or material which is made available to you pursuant to the Website. 

Further, the information contained on this Website may not be accurate or up to date in all respects. We do not warrant the accuracy or completeness of any information contained on this Website.

Information from third parties

The Website contains links to the websites of third party providers of goods and services (‘Third Party Websites’). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible or liable for the content or privacy practices associated with any Third Party Websites. Your access to and use of those sites is at your own risk and may be subject to separate terms of use and information handling practices.

Any links to Third Party Websites should not be construed as an endorsement, approval, affiliation with or recommendation by us, of the owners or operators of those websites, or of any information, products and/or services referred to or contained on those websites, unless and to the extent stipulated to the contrary. 

If you have accessed Third Party Websites through our Website, and third parties who own and operate those websites collect information about you, we may also collect or have access to that information as part of our arrangements with those third parties. 

Where you access a Third Party Website from our Website, cookie information, information about your preferences or other information you have provided about yourself may be shared between us and the third party.

Advertising and tracking

When you view our advertisements on a Third Party Website, the advertising company uses 'cookies' and in some cases 'web beacons' to collect information such as:

  • the server your computer is logged on to;
  • your browser type;
  • the date and time of your visit; and
  • the performance of their marketing efforts.

When you access our Website after viewing one of our advertisements on a Third Party Website, the advertising company collects information on how you utilise our Website (e.g. which pages you view and whether you proceed to obtain services from us).

Cookies

We use ‘cookies’ to provide you with better and more customised service and with a more effective website. A ‘cookie’ is a small text file placed on your computer by our web page server. A cookie can later be retrieved by our webpage servers. Cookies are frequently used on websites and you can choose if and how a cookie will be accepted by configuring your preferences and options in your internet browser. We use cookies for different purposes such as:

  • to allocate a unique number to your internet browsers;
  • to customise our Website for you;
  • for statistical purposes;
  • to identify if you have accessed a Third Party Website; and
  • for security purposes.

You are not obliged to accept a cookie and you can modify your browser so that it will not accept cookies. However, if you do so this may affect your browsing experience and certain functions within the Website may not work.

Intellectual property 

Copyright in this Website (including text, graphics, photographs and logos) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms of Use, you may not in any form or by any means: 

  • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Website or from any information obtained from this Website, including in association with any Third Party Websites; or 
  • commercialise any information, products or services obtained from any part of this Website;
  • without our written permission or, in the case of third party material, without written permission from the owner of the copyright in that material.

This Website includes trade marks owned by us (or our licensors). You must not use any of our trade marks in or as the whole or part of your own trade marks or business name or company name; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information or services (including this Website). 

Limitation of liability

To the maximum extend permitted by law, we, and our directors, employees, agents, contractors and related bodies corporate, do not accept any liability to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or in any way related to:

  • the use of, or inability to use, this Website or any other website linked to it (including any delay or interruption in access);
  • any errors or omissions on this Website or failure to update or correct any information on it or any website linked to it; and
  • any investment decisions made on the basis of the information on or accessed via this Website.
Governing Law

These Terms of Use are governed by the laws in force in New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction. 

Last updated: 23 September 2021