TERMS AND CONDITIONS OF USE

These Terms and Conditions govern 
your access and use of our web application 
(https://classifieds.smbidigital.com.au) 
and related services (collectively, 
our “Web Service”).
This Web Service is owned and operated by Raul Ianchici 
ABN 91 885 022 521 trading as SMBI DIGITAL (“we/us/our”).
By accessing or using the Web Service, 
you warrant and represent to us that you have read,
understand and agree to be bound by these Terms and 
Conditions, that you are over the age of 18 years 
and have the right, authority and legal capacity to 
enter into a legally binding agreement 
and to abide by these Terms and Conditions.

Terms of use:

You may only use the Web Service and the content on 
the Web Service for personal purposes unless we 
provide express written consent to your proposed use.
The Web Service is intended to be used by the 
Southern Moreton Bay Island (SMBI) community.
You agree that you will not use the Web Service to:
• commit or encourage a criminal offence;
• data mine;
• transmit or distribute a virus, trojan, worm, 
  logic bomb   or post any other material which is 
  malicious,   technologically harmful, in breach 
  of confidence or in any way offensive or obscene;
• hack into any aspect of the Web Service;
• corrupt data;
• cause annoyance to other users, or be disrespectful 
  or discourteous to us or other users;
• infringe upon the rights of any other person’s 
  proprietary rights;
• send any unsolicited advertising or promotional 
  material, commonly referred to as “spam”; or 
• attempt to affect the performance or functionality 
  of any computer facilities of or accessed 
  through this Web Service.
It is your responsibility to ensure that your conduct 
on the Web Service (including any listing on the
Web Service) is compliant with all applicable laws, 
including the Australian Consumer Law as contained in 
Schedule 2 of the Competition and Consumer Act 2010 (Cth). 
You may not list any goods or services that are illegal.
If you breach, or are suspected of breaching, 
any of these Terms and Conditions or any law 
(including but not limited to any law referenced 
in these Terms and Conditions) we reserve the right 
to terminate your account, prohibit you from 
using the Web Service for any period of time, and/or 
report your conduct to the police or any other 
relevant authority.

Accounts:

You are entitled to sign up for an account with 
the Web Service provided you comply with the 
eligibility criteria:
• you must be over the age of 18 years;
• you must have capacity to understand 
  that you are making an account; and
• you must be a resident of any SMBI.
Accounts on the Web Service are free to create. 
Multiple accounts per user are not permitted.
At the time of creating your account, you will be 
required to choose your base location. 
This must be the island in which you live. 
Your default listings will reference this location 
and should you list any items, you must be able 
to provide collection from the listed location 
at no additional charge. 
If you do not reside within the SMBI community, 
you acknowledge that your usage of the Web Service 
will be limited and you may incur additional costs 
when you make exchanges with other users.

Listings:

Anyone with an account may post a listing to the 
Web Service. All listings must comply with these 
Terms and Conditions. 
We reserve the right to remove any listing that 
breaches or is suspected of breaching these 
Terms and Conditions or any law.
Listings will be available to any visitor of the 
Web Service until the listing is removed 
(whether by expiry or otherwise). 
All listings will be automatically removed 
after 14 days. You may remove a listing earlier 
by logging in to your account.
If you post a listing to the Web Service, you agree 
and acknowledge that you are solely responsible
for the accuracy of the listing. 
We do not control the content of the listings 
and will not be held liable for the accuracy, 
completeness, lawfulness or usefulness of any listing.
Engagement in a listing is not a commitment to proceed 
with the offer contained in the listing. 
We recommend that you always verify the condition 
of the items contained in the listing in person 
and with appropriate professional guidance 
where applicable.
If the listing is for goods, you are responsible 
for ensuring the goods in the listing are sold 
with free title, are not subject to any encumbrance, 
and do not contain any defects. 
You should satisfy yourself that the goods 
are fit for the purpose in which they are offered 
before agreeing to purchase the goods.
If the listing is for services, we recommend that you 
verify the user who listed the item is appropriately
qualified to carry out such services. 
We will not be liable for the quality or condition 
of any services advertised through a listing 
on the Web Service, nor we will be held liable 
for any workplace health and safety issues.
Any goods or services listed on the Web Service 
must be available to be collected or completed
within the SMBI community. 
Your listing may be removed from the Web Service 
if it advertises goods or services that are not 
available within the SMBI community. 
You are not permitted to charge another user 
for collection from the listed location.

Your Relationship to Us and Other Users:

We provide an introductory service as a passive 
conduit to facilitating the relationship between 
users of the Web Service. We grant to users 
(including you) a non-exclusive, non-transferable, 
royalty-free, revocable licence to use the Web Service 
for the purposes of engaging in lawful exchanges 
with other users.
We are in no way involved in any listing displayed 
on the Web Service, nor do we endorse or recommend 
any listing.

Australian Consumer Law:

Nothing in these Terms and Conditions attempts 
to limit the operation of the Australian Consumer Law. 
Users who post a listing are responsible 
for the guarantees that come with selling goods 
or services. 
If you have purchased goods or services via a listing 
on the Web Service, you must direct all Australian 
Consumer Law complaints and issues to the user 
who posted the listing.
Anyone who post listings are required to respond 
promptly and reasonably to any complaint or issue
received by another user. 
You must comply with the Australian Consumer Law, 
including providing the purchaser of your listing 
with a repair, refund or replacement where necessary.

Protection of Credentials:

If you create an account with us, you are responsible 
for maintaining the confidentiality and security 
of your account, including your email address 
and password and you further acknowledge and 
agree that you will not disclose these details 
to any person not duly authorised by you.
We will handle your personal information in accordance 
with our Privacy Policy.
We strongly recommend that you never give out 
your bank details or other financial information
through the Web Service or anywhere else 
on the internet.

Intellectual Property:

Users who post listings will retain their intellectual 
property rights for the goods and services they list,
including any images uploaded to the Web Service 
as part of the listing. You agree to assign (and we
will retain) the data, text, messages and other 
materials associated with a listing.
When you upload images, data and other such material 
to the Web Service, you are representing and 
warranting to us that you are the owner of the 
intellectual property rights or are otherwise duly 
authorised to share the intellectual property. 
You agree that you will not breach any third party
intellectual property rights by using the Web Service.
You are not permitted to download, republish, copy, 
use for resale, or use the intellectual property for
any purpose other than the specific purpose for 
which the intellectual property has been provided.

Other Activities and Third Party Web Services:

From time to time, we may promote, or advertise events, 
offers, items, services or other activities that 
may be conducted offline or which may be conducted 
by third parties. 
These events, items, services or other activities 
may be subject to separate terms and conditions. 
You acknowledge that you participate in any of these 
activities entirely at your own risk and in accordance 
with those separate terms and conditions.
The Web Service may feature or display hyperlinks 
and pointers to Web Services operated by third parties. 
Such Web Services do not form part of the Web Service 
and are not under our control. 
We do not accept any responsibility for the contents 
of any such hyperlink or linked Web Service. 
If you click on a link to any third party Web Services 
you leave the Web Service entirely at your own risk.

Cookies:

From time to time we may use cookies. 
Cookies are small files stored on your computer or 
device that help improve your browsing experience 
(for example, they may remember the types of listings 
you have previously viewed). 
These cookies may be used for purposes such as 
analysing Web Service traffic, personalising content, 
and serving targeted advertisements.
You have the option to disable cookies in your 
browser settings; however, please note that certain 
features of the Web Service may not function 
properly if cookies are disabled.

Accuracy, Errors and Availability:

While we aim to update the Web Service regularly, 
we do not make any representation or warranty as
to the accuracy, completeness, currency or reliability 
of the information contained on the Web Service. 
We reserve the right to restrict access 
to parts of the Web Service or the entire Web Service,
change or withdraw any items, information or content 
features on this Web Service without notice.
To the maximum extent permitted by law, 
we exclude all liability (including for negligence) 
to you or anyone else in respect of any loss or damage 
(including special, indirect or consequential loss or
damage such as loss of revenue, unavailability 
of systems or loss of data) arising from or in
connection with any use of the information on 
or access through the Web Service including 
if for any reason the Web Service is unavailable 
at any time or for any period.

Harmful Technologies:

To the maximum extent permitted by law, 
we will not be liable to you or to any other person 
for any loss or damage (whether direct, indirect, 
consequential or economic) however caused and 
whether in contract, tort or otherwise, which 
may result directly or indirectly from any such i
nformation, by a distributed denial-of-service 
attack or by any malicious or harmful programs, 
scripts or technologies that may affect the 
Web Service, system failures or any other harmful 
material that may infect your computer, device, 
programs, data or other proprietary material; 
you agree to release us from any such liability.

Release and Indemnity:

To the maximum extent permitted by law, any issues, 
claims or disputes about listings are not an issue, 
claim or dispute with us.
You agree to release and indemnify and hold us and 
(as applicable) our affiliates, agents and
employees, harmless from and against any claims, 
demands, proceedings, losses and damages 
(actual, special and consequential) of every kind 
and nature, known and unknown, including legal
fees on a full indemnity basis, arising from 
or in relation to your use or access of the 
Web Service, or a party acting on your behalf 
or arising out of your breach of these 
Terms and Conditions, or your violation of any law 
or the rights of a third party.

Amendments:

We reserve the right to make changes to the 
Web Service and these Terms and Conditions 
at any time and without notice to you. 
It is your responsibility to regularly check the 
Web Service in case there are any changes made. 
Continued use of the Web Service following 
any change to these Terms and Conditions 
will be deemed acceptance of these changes.

General:

Any failure by us at any time to enforce these 
Terms and Conditions or our rights will not be 
a waiver of such rights or affect the validity 
of these Terms and Conditions.
If any provision of these Terms and Conditions 
becomes void or unenforceable, it will be severed 
from these Terms and Conditions without affecting 
the enforceability of the other provisions which will
continue to have full force and effect.
These Terms and Conditions are governed by the laws 
of Queensland, Australia and each party irrevocably 
and unconditionally submits to the non-exclusive 
jurisdiction of the courts of Queensland, Australia.


PRIVACY POLICY

SMBI Digital recognizes the importance of privacy 
and is committed to safeguarding the personal 
information that we hold. 
This policy describes how we collect, store and 
manage personal information.
This Privacy Policy does not apply to acts and 
practices which relate directly to the records 
of current and former employees that we hold.

Collecting personal information:

We collect personal information for reasons 
that include:
• communicating with you;
• responding to your request for information 
  about goods and services;
• dealing with complaints, consumer guarantee 
  and warranty claims;
• developing, managing, and administering 
  our services; and
• complying with our legal obligations.
This personal information may be obtained from you 
when you submit the information online via our
Web Service or by correspondence. We may also collect 
information from third parties and public sources.
The type of personal information we collect includes 
your name, approximate location of residence, 
email address, transaction information, 
Internet Protocol (“IP”) address, server address, 
domain name, information about your browsing activity, 
and other details that may be required to conduct 
our operations.

Using and disclosing your personal information:

We may use and disclose personal information 
for the primary purpose for which it was collected. 
We may also use or disclose personal information 
for reasonably expected secondary purposes which 
are related to the primary purpose and in other 
circumstances authorised by law.
We may disclosure your personal information to 
anyone to whom you authorise us to disclose it to.
We may disclose your personal information to 
third party service providers who assist us in 
providing goods and services or performing functions.
We may disclose your personal information to the 
extent that we are required to do so by law or 
connection with any legal proceedings or 
prospective legal proceedings involving us.
We will only disclose your personal information 
to an overseas recipient when requested 
to do so by you.

Access to your personal information:

You may seek access to the personal information 
we hold about you. We may restrict access 
where we are required or permitted to do so by law. 

Accuracy, completeness and up-to-date information:

We will take reasonable steps to ensure that 
the personal information we hold is accurate, 
complete and up-to-date. 
You may contact us to update your personal 
information or tell us that the personal 
information we hold about you is inaccurate, 
incomplete or out-of-date.

Security:

We will take reasonable steps to protect any personal 
information that we hold from misuse and loss.
We also take reasonable steps to protect it 
from unauthorized access, modification and disclosure.
When we no longer require your personal information,
we will take reasonable steps to destroy, 
delete or de-identify it.

How to contact us:

If you wish to gain access to your personal 
information or make a complaint about a breach 
of your privacy or if you have any query 
on how your personal information is collected 
or used or any other query relating to our 
Privacy Policy, please contact us at 
admin@smbidigital.com.au.

Changes to our Privacy Policy:

We reserve the right to make changes to our 
Privacy Policy at any time. 
We may update this Privacy Policy by posting 
an updated version on our Web Service 
https://classifieds.smbigital.com.au/profile/view