Thank you for your interest in SMATA, a cloud based Internet platform ("Website") owned and operated by SMATA TECHNOLOGIES Pty Ltd ABN 46 620 984 938. SMATA provides Strata Managers and Real-Estate Property managers ("collectively Users") and an online venue to solicit quotes from professionals in various lines of work and commerce (collectively "Contractors"). By registering on the Website, you become a USER at no cost and will have the ability to request quotes for services. References to Websites shall include, but are not limited to, any and all uses of SMATA via mobile applications, mobile devices, personal computers, email, telephones or other electronic devices.
1.2. Amendments. You acknowledge and agree that SMATA may amend this Agreement at any time by posting a revised version of this Agreement on the Website or by notifying Customers directly in SMATA's sole discretion. Your continued use of the Website after any changes are made to this Agreement shall constitute your consent to such changes. SMATA does not and will not assume any obligation to notify Customers of any changes to this Agreement, or the creation or modification of any additional terms. You are responsible for remaining knowledgeable about the Terms of the Agreement at the time of a transaction.
Use of the Website is permitted only by individuals who can form legally binding contracts under applicable Law. Without limiting the foregoing, use of the SMATA Website is not permitted by anyone under the age of 18. If you do not qualify, please do not use the Website.
3.1. Work Requests. Upon registration with SMATA Users may submit through the Website a work request for service or work from Contractors. Users should provide required information (e.g., what they want done, when they want it done, where they want it done) to submit a valid work order. All work requests posted through the platform must be lawful and not in breach of any local government law, state, or Commonwealth law.
3.2. Quotes Requests. A Quote request should be descriptive enough to allow a contractor to ascertain the necessary details to submit a fully informed offer to provide the requested services. After submission of a Quote request by a User, SMATA will inform contractors with profiles that match the services requested by the User. However, SMATA does not and cannot represent or warrant that there will be contractors who are capable of or willing to complete the requested services at the time and place requested or that User will receive Quotes from contractor(s).
A Quote request should be submitted back via the platform by a contractor in a flat fee fixed quotation, which should include both material and labour costs when and if applicable subject to an onsite visit. All quotes will include GST.
3.3. Quoting Period. A Quote request may include a period of time in which Quotes may be submitted ("Quoting Period") by contractors; however, a user may accept a Quote at any time, thereby ending the opportunity for the quote Period before the fixed amount of time has passed. A Quote from a contractor may be cancelled or retracted up until the point when the User accepts the Quote and the Job becomes active.
3.4. Acceptance of Quotations. User is not required or obliged to accept any quotation.
3.5. Agreement with Contractor. When a user accepts a Quote, he or she enters a binding legal agreement between the user and Contractor to pay the contractor for the Service rendered. Accordingly, please consider carefully before your acceptance of a Quote from a contractor.
3.6. Intellectual Property. By posting a Job you represent that the Job does not infringe on the intellectual property of any third party, including, but not limited to, the work product of a design professional or unauthorised reproduction of any other consultant, material supplier, or manufacturer. Your description of the Job must be truthful and accurate. Any Job posted on the Website: (a) shall not be fraudulent; (b) shall not infringe or breach any law; (c) shall not be defamatory, unlawfully threatening or unlawfully harassing; (d) shall not be obscene or contain child pornography; and (e) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
4.1. SMATA requires contractors to post a Services Profile on its Website. SMATA does not review or verify the information or representations set forth in those Services Profile, as they are self-reported by the contractor. Although SMATA may take certain steps to examine the credentials of contractors, SMATA makes no guarantees, promises, warranties or representations of any kind regarding the skills or representations of such contractors if you elect to retain their services.
4.2. Background Checks. Mandatory background checks are performed on the contractors principal/owner named during the contractors registration with SMATA before joining SMATA’s contractor network and periodically thereafter. Background checks on the principal/owner of the contractor’s business reflect that individual's background at the time of the search. Accordingly, SMATA does not and cannot warrant that the background check is up-to-date or current. Further, background checks are not applicable to any contractor’s employees or workers except the principal/owner of the contractor business named by the contractor during registration.
4.3. Licensing. Contractors are requested to post licensing information in their Services Profiles. Different jurisdictions may require state and/or local licensing for certain services. Customers are responsible for determining which licenses, if any, are required for their requested services. Before you proceed with a project, you should confirm all licensing requirements with your state and local authorities and your selected contractor. SMATA always recommends that you ask the contractor to provide you with a copy of their relevant license(s).
4.4. Insurance. Contractors may post information and documents concerning insurance policies covering their operations. While SMATA does not verify this information, Contractors are required to warrant that the information they submit is complete, accurate and current. Before you proceed with a project, you should confirm the contractors existing insurance coverage and limits.
4.5. Relationship between SMATA and Contractors. SMATA and Contractors are separate entities and the employee of one of those entities is not an employee of another entity. SMATA is not an agent of the contractor and vice versa. SMATA and its affiliated companies provide only a referral service to contractors. In no event will SMATA be considered a general contractor, construction manager, project manager, joint employer, joint venture or partner of Contractor or any of its affiliates or their respective personnel.
4.6. Customer Verification. You should verify that the information presented by the contractor, including the information in the contractor’s profile, is accurate. SMATA does not warrant or represent information or documents provided by contractors and expressly disclaims any warranties or representations as permitted by the law concerning such information. Customers should conduct their own investigation of Contractors, to determine, amongst other things, whether Contractors are appropriately licensed for the requested services.
4.7. No Warranty or Endorsement of Contractor Services. SMATA does not warrant or represent the services of any particular contractor. You expressly agree that your use of this website is at your own risk.
5.1. Payment Process Service. Upon registration with SMATA, a Contractor will be required to link an active credit card to make online payments to SMATA’s nominated institutional banking account. Contractors must create a SMATA account before commencing a Work order or a Quotation Request. SMATA may limit a contractor’s use of its systems process services within SMATA’s sole discretion for non payment of for referral services rendered.
5.2. Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure. Whilst we employ the latest technology and payment gateways, we will not be responsible for any loss or damage (whether direct or indirect) suffered by you if your credit card is fraudulently used or is used in an unauthorised manner by a third party.
5.3. SMATA Invoices. Payments for an Accepted and Complete Job will be due upon contractor’s receipt of an invoice from Strata manager indicating that the contractors work has been completed and approved for payment. Upon receipt of SMATA written invoice, Contractors credit card will be charged in line with “Services Fee schedule” for the referral services work completed by SMATA through its SMATA account.
5.4. Contractors Charges. SMATA users should be aware that contractors may charge interest or a late fee for late payments made by users to Contractors. SMATA shall not be liable for any claims made by users relating to, or arising out of, charges for late payments.
6.1. Service Guarantee. SMATA does not, and cannot, guarantee the work, materials supplied, or services rendered by the Contractors. SMATA has no obligation or relationship whatsoever to the User with regard to the provision of work, material or services by the Contractor. SMATA does not warrant or cover faulty workmanship of the contractor and damages to your product or property that arise from or relate to the services of the contractor.
6.2. Agreement to Communicate with Contractor. Users dissatisfied with a job performed by a contractor agree to initiate communication with the contractor to resolve any problems. If direct communications and efforts between the user and the contractor do not satisfy users concerns, Users may contact SMATA in writing to express dissatisfaction with the Contractors referral experience. In response, SMATA may contact users and contractor to facilitate further communication regarding user’s dissatisfaction. However, SMATA is not responsible or liable to either the User or the Contractor if a mutually acceptable resolution is not reached.
7.1. SMATA will not directly participate in the resolution of any disputes between Users and contractors (collectively "Users") and is not responsible for disputes, claims, losses, injuries or damage of any kind that might arise out of or relate to conduct of Users.
7.2. Relationship Between Contractors and Users. Users are solely responsible for its interactions with contractors.
Neither party shall be in breach of this Agreement due to failure of performance that arises out of causes beyond its reasonable control. To the maximum extent permitted by applicable law, in no event with SMATA be liable to contractors or any third party for any incidental or consequential loss (which includes loss of profit, loss of opportunity or damages otherwise that may arise under the second limb of the rule in Hadley v Baxendale), whether in Tort or in contract. In no event shall SMATA’s liability, if any, exceed the amount payable to the contractor for any relevant service.
To the maximum extent permitted by applicable law, except as specifically stated in this Agreement, the SMATA website platform 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.
10.1. Proprietary Rights. This Website and the material within it, with exception of User Content as defined below, are © 2018 SMATA Pty Ltd ("SMATA"). Viewing this Website creates a copy of SMATA materials in your computer's random access memory and/or your hard drive and/or in your proxy server. The Website contains the copyrighted material, trademarks, service marks, logos and other proprietary information (the "Intellectual Property") of SAMTA. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed on the Website, without the prior written permission of the Intellectual Property owner. Other product and company names mentioned in this Website may be the Intellectual Property of their respective owners.
10.2. Copyright Policy. Except for that information which is in the public domain, you may not post, copy, modify, publish, transmit, distribute, perform, display, sell or reproduce in any way any Intellectual Property without obtaining the prior written consent of the owner of such Intellectual Property. SMATA can remove any User Content you post on the Website if it breaches this statement. If you believe that your work has been copied and posted on the Website in a way that constitutes infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorised to act on behalf of the owner of the interest; a description of the work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorised by the owner, its agent, or the law; a statement by you that the above information in your notice is accurate and that you are the owner or authorised to act on the owner's behalf. Copyright Agent for notice of claims of infringement can be reached as follows: SMATA TECHNOLOGIES, Pty. Ltd., Attention: Legal, PO Box 94 NSW 2027.
10.3. Content. Users may post information, reviews, comments, messages, photos, profiles; send emails, e-cards and other communications; and submit materials, suggestions, ideas, comments, questions, or other information (collectively "User Content"), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You agree that all of the User Content and information posted on the Website (including any ratings, reviews and/or other User Content posted by you), is the sole and exclusive property of SMATA or the party posting such content. SMATA reserves the right (but not the obligation) to remove, change or edit such User Content in its sole discretion.
10.4. Reliance on Content, Etc. Opinions, advice, statements, reviews, offers, or other information or User Content made available through the Website, but not directly by SMATA, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such User Content. SMATA does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Website; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will SMATA or its agents and licensees be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Users.
10.5. Documents and Information Available on this Website. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Website is granted, provided that (1) the Copyright Policy above and this paragraph are included with such documents, (2) use of such documents from the Website is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the SMATA Website or any other SMATA owned, operated, licensed or controlled site (the "SMATA Websites"). Elements of SMATA Websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any SMATA Website may be copied or retransmitted unless expressly permitted by SMATA.
10.6. Information You Provide to SMATA. Upon using or registering for an account on the Website, you will be prompted to disclose certain information about yourself and your service requirements if you request services. Some of this information will be sent to contractors, who will need this information to respond to you or to other persons or entities in connection with the Website. By providing this information to SMATA, or by submitting a Job, you are requesting, and you expressly consent to having details of your Job sent to contractors. You further consent to SMATA use and display on the Website of anonymous data records from information collected from your Job, including your first name and the nature of the services you requested in your city. Such information helps other USERS and Contractors evaluate and utilise SMATA services.
You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorised use of your account. In the event that you provide SMATA with any feedback regarding the SMATA service or the Website, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Website ("Feedback"), you hereby assign to SMATA all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.
10.7. Content Posted by You on the Website. You understand and agree that SMATA may review, edit, change and/or delete any User Content in its sole discretion. By posting User Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to SMATA, its agents, licensees and successors, an irrevocable, perpetual, non-exclusive, royalty-free, fully paid, fully sub-licensable, worldwide license to use, copy, perform, sell, rent, lease, display, reproduce, adapt, publish, translate, modify and distribute such information and User Content and to prepare derivative works of, or incorporate into other works, such information and User Content throughout the world in any media, and to grant and authorise sublicenses of the foregoing. You further represent and warrant that public posting and use of your User Content by SMATA will not infringe or breach the rights of any third party. You grant SMATA and sub-licensees the right to use the name that you submit in connection with such content, if they choose. SMATA takes no responsibility and assumes no liability for any content posted by you, any User or third party. You are solely responsible for the User Content that you post on the Website or transmit to other Users. You will not post on the Website, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material, or any material that infringes or breaches another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the SMATA or to any User. If information provided to SMATA, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify SMATA of such change.
The following is a partial list of the kind of User Content that is illegal or prohibited on the Website. SMATA reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who breaches this provision, including without limitation, removing the offending communication from the Website and terminating the membership of such violators. It includes, but is not limited to, User Content that:
Your use of the Website, including but not limited to the User Content you post on the Website, must be in accordance with any and all applicable laws and regulations. All information you include in your account information must be accurate, current and complete. SMATA reserves the right to investigate and terminate your membership if you have misused the Website, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal, or in the opinion of SMATA brings disrepute to the website.
You acknowledge that a breach of the foregoing User Content provisions could result in significant damages, and you agree that you are liable to SMATA for any such damages. We reserve the right to revoke your access to the Website and services at any time. With exception of information that is generally accessible to the public, all information about Contractors is confidential and for your personal use only. If it is determined or suspected by SMATA in its sole discretion that you are misusing or attempting to misuse or circumvent the SMATA services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, SMATA reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
10.8. Modifications to Website. SMATA reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that SMATA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
10.9. Blocking of IP Addresses. In order to protect the integrity of the Website, SMATA reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website.
10.11. Disclaimers. SMATA is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Website, whether caused by Users of the Website, or by any of the equipment or programming associated with or utilised in the Website. SMATA is not responsible for the conduct, whether online or offline, of any User, Contractor or other third-party users of the Website. SMATA assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, User communications. SMATA is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Website. Under no circumstances will SMATA or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the SMATA Websites, any content posted on the Website or transmitted to Users, or any interactions between Users of the Website, whether online or offline. The SMATA Websites are provided "AS-IS" and SMATA expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SMATA cannot guarantee and does not promise any specific results from use of the SMATA Websites.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. SMATA makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
10.12. Links. The Website may provide, or third parties may provide, links to other World Wide Web sites or resources, including, by way of example, the placement of a widget or live feed from a customer ratings website. Because SMATA has no control over such sites and resources, you acknowledge and agree that SMATA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that SMATA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such site or resource.
This Agreement will remain in full force and effect while you use the Website and/or are a Customer of SMATA. You may terminate your account at any time, for any reason. To cancel an account, please send a written notice of termination to SMATA TECHNOLOGIES Pty Ltd, PO Box 94, Edgecliff NSW 2027. If you terminate your account, your account will be disabled within 14 days. SMATA may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to SMATA. All decisions regarding the termination of accounts shall be made in the sole discretion of SMATA. SMATA is not required to provide you notice prior to terminating your account. SMATA is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your account is terminated, this Agreement will remain in effect.
SMATA may provide assistance and guidance through customer care representatives. When communicating with our customer care representatives, you may not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive or otherwise behave inappropriately. If we feel that your behaviour toward any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account. You acknowledge and agree that SMATA may monitor and/or record any telephone calls between you and SMATA.
If there is any dispute arising out of this Agreement or the use of the Website, by using the Website you expressly agree that any such dispute 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.
Users & Contractors agree to indemnify, defend and hold harmless SMATA, its parents, subsidiaries, agents, officers, employees, FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF SMATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SMATA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF SMATA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SMATA’S LIABILITY, IF ANY EXCEED THE AMOUNT PAYABLE TO THE CONTRACTOR FOR ANY RELEVANT SERVICE.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. SMATA does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
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: