Last updated: July 15, 2020

Terms and Conditions

1. Introduction

The Terms of Use of the Smileyscope website include these Terms and Conditions, the Privacy Policy and any other terms and conditions that appear in or are linked to the Smileyscope website (Additional Terms and Conditions).


The Additional Terms and Conditions that appear on the Smileyscope website will govern your use of, and access to, certain sections of the Smileyscope Web Site where they appear. Since these Additional Terms and Conditions form part of the Terms of Use, you are bound by them and should review them wherever they are relevant to you when using the Smileyscope website. 

If you are located in the USA, the Terms specified on the US version of the Website apply to you, and for the avoidance of doubt the Terms of that agreement supercede this agreement.


2. Website content and access

While Smileyscope endeavours to take reasonable care in preparing and maintaining the information on this website we do not warrant the accuracy, reliability, adequacy or completeness of any of the website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.


It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law, including the Competition and Consumer Act 2010 (Cth), Smileyscope disclaims all liability for loss directly or indirectly arising from your use of or reliance on the website and the website content.


Smileyscope may revise and update these Terms of Use at any time.  Your continued usage of the Website after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion of Smileyscope. Smileyscope may also change or impose fees for products and services provided through the Website at any time in its sole discretion. Smileyscope may establish or change, at any time, general practices and limits concerning other Smileyscope products and services in its sole discretion.


Smileyscope does not guarantee that access to the Smileyscope website will be uninterrupted or that the website is free from viruses or anything else which may damage any computer which accesses the Smileyscope website or any data on such a computer.


3. Restrictions on Website Use

(a) You shall not disguise the origin of information transmitted through the Website.

(b) You will not place false or misleading information on the Website.

(c) You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by Smileyscope.

(d) You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property (defined below) rights of another.

(e) Certain areas of the Website are restricted to customers of Smileyscope.

(f) You may not use or access the Website or the Smileyscope Systems or Services in any way that, in Smileyscope’s judgment, adversely affects the performance or function of the Smileyscope Systems, Services or the Website or interferes with the ability of authorised parties to access the Smileyscope Systems, Services or the Website.

(g) You may not frame or utilise framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of Smileyscope.

(h) You agree to use the Website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Smileyscope, negatively reflect on the goodwill or reputation of Smileyscope and shall take no actions which would cause Smileyscope to be in violation of any laws, rulings or regulations applicable to Smileyscope.

4. Limitation of liability

To the maximum extent permitted by law Smileyscope excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of or in connection with the website content and the use or performance of the Smileyscope website except to the extent that the loss or damage is directly caused by Smileyscope’s fraud or wilful misconduct.


Where the law (including without limitation the Competition and Consumer Act 2010 (Cth)) implies a warranty or guarantee into these Website Terms and Conditions which may not lawfully be excluded, then provided it is fair and reasonable to do so, Smileyscope’s liability for breach of such a warranty or guarantee shall be limited at its option, to any one or more of the following:

(a) in the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and

(b) in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.


5. Intellectual property

The materials displayed on this website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks, are the property of Smileyscope and are protected by copyright, trade mark and other intellectual property laws. Any such content may be displayed and printed solely for your personal, non-commercial use within your organisation provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of Smileyscope.


Save for the above, and unless expressly granted, Smileyscope does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Smileyscope website or in the user interface of the Smileyscope website.


6. Submissions

Any material you send to us on or via the Smileyscope website will be deemed to be non-confidential and non-proprietary, unless it is indicated to be otherwise. This includes any data, questions, comments, suggestions, ideas or other information. We will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose without compensation to you. Smileyscope and its affiliates are under no obligation to keep such information confidential and will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Submissions in any manner it chooses.


7. Third party websites

The Smileyscope Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, Smileyscope does not control, endorse, sponsor or approve any such third party websites or their content nor does Smileyscope provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.


8. Interference with website

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on the Smileyscope website.


9. Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the State of Victoria, Australia. In the event that a dispute arises from these Website Terms and Conditions, each of Smileyscope and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.