Terms and Conditions

Using our websites

  1. Dealer Guide Websites

SME Business Coach Pty Ltd Trading as Dealer Guide  ABN 52 614 450 172 (“Dealer Guide”) websites, (collectively “Website”) reside on Pantheon servers in some instances overseas. The Website is offered to you conditional upon your acceptance of these Terms of Use and the associated Privacy Policy. Your use of and access to the Website constitutes your acceptance.

We may change the Terms of Use at our discretion and without notice. A version of the current Terms of Use will be available on the Website as they are changed. By continuing to use our Website you accept the Terms of Use as they apply from time to time.

The laws applicable to use of the Website and to disputes arising out of the Website are the laws applying in the State of Queensland in Australia. If you access the Website from outside Australia you are also responsible for ensuring compliance with all applicable laws in the place where you are located.

  1. Anti-spam notice

Publication of electronic addresses on the Website is for the purpose of professional communication only and must not be used to infer consent by Dealer Guide as relevant or the relevant addressees, to the receipt of unsolicited commercial electronic messages.

  1. Website Content

Material or information (“Content”) on the website is not advice and is subject to periodic changes and may include technical inaccuracies or typographical errors. Dealer Guide does not warrant the accuracy, completeness or adequacy of the Content in the Website. You should make your own enquiries before entering any transaction on the basis of the Content on the Website.

Dealer Guide reserves the right to moderate any user-generated Website Content as it considers appropriate, including in forums and any Q&A.

The information on this website is factual information or general advice only and has been prepared without taking into account your particular objectives, financial situation or needs. Before selecting any product or service or acting on any advice you should consider the appropriateness of the advice having regard to your objectives, financial situation and needs. If any information on this Website relates to a particular product or service you should obtain any relevant disclosure statement for that product or service before making a decision about whether to acquire the product or service.

  1. External links and advertisements

The Website contains links to websites maintained by other organisations over which Dealer Guide has no control. Dealer Guide do not necessarily sponsor, endorse, or approve any material or advertising on external sites or the operations of external sites. You access those external sites and use their information, products and services solely at your own risk.

Dealer Guide does not make any warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material or advertising on external sites to which the Website is linked, nor is Dealer Guide responsible for the availability of these external links. You should refer to the relevant external site or advertiser for information on its products or services.

You must not create or maintain any link from another website to the Website without our written consent.

  1. Limitation of liability

Dealer Guide (i) makes no warranties or representations about the Website or any of the Content; (ii) accepts no responsibility for any loss suffered by you or anyone else in connection with the use of the Website or any of the Content; (iii) does not guarantee that the Website will not cause damage or is free from viruses or any other defects or errors. Under no circumstances will Dealer Guide be liable for any incidental, special or consequential damages, including damages for loss of business or other profits arising in relation to the Content. This includes, but is not limited to, the transmission of any computer virus or any other defects or errors.

Dealer Guide shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use, of, or reliance on, any content, goods or services available on external sites. Any concerns regarding an external link, should be directed to its responsible site administrator or webmaster.

Dealer Guide excludes, to the maximum extent permitted by law, any liability which may arise as a result of the use of the Website or the Content on it. Where any law implies a warranty or guarantee which may not be lawfully excluded, then to the maximum extent permitted by law, Dealer Guide liability respectively for breach of the warranty or guarantee will at its option be limited to the supply of the services again or the payment of the cost of having them supplied again.

  1. Copyright in material on this site and restriction of use

Save and except for any third party copyright included on the Website under a licence or agreement, all the Content of the Website and downloads from it, is owned by Dealer Guide. All rights are reserved.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) (or any other applicable legislation throughout the world), or as otherwise provided for in this copyright notice, no part of any Content may in any form or by any means (including electronic, mechanical, microcopying, photocopying or recording) be reproduced, adapted, stored in a retrieval system, transmitted or reproduced on any other Internet website without the prior written permission of the copyright owner.

Dealer Guide as relevant grants you permission to do the following with the Content unless otherwise indicated:

store a reproduction of the Content on your local computer for the sole purpose of viewing it

print hard copies of the Content for non-commercial use or personal use only

reproduce or distribute any complete page of the Content so long as: you do not reproduce or redistribute less than a complete page, or, where a document consists of more than one page, less than the complete document you do not modify the copy from how it appears on the Website (unless expressly authorised by Dealer Guide)

this copyright notice appears in its entirety in each copy made or distributed, and the content is appropriately attributed to Dealer Guide.

Without limiting the foregoing, you must not reproduce, frame, transmit (including broadcast), adapt, link to, or otherwise use any of the Content on the Website including audio and video excerpts without the prior written approval of Dealer Guide.

  1. Copyright in other material

Dealer Guide make no warranties or representations that third party material on the Website or material on other websites to which the Website is linked, does not infringe the intellectual property rights of any person anywhere in the world.

Dealer Guide is not and must not be taken to be, authorising infringement of any intellectual property rights contained in material on other sites by linking the Website to such material on other sites.

  1. Trademarks

Trademarks including but not limited to the words “Dealer Guide ” and “SME Business Coach”, unless otherwise indicated, are owned by SME Business Coach Pty Ltd respectively in Australia and may be the subject of rights in other countries. You must not use Dealer Guide’s or SME Business Coaches trademarks except: (i) by saving or printing out a copy of the Website as permitted by the copyright notice above; (ii) as permitted by written agreement from Dealer Guide.

The Website may contain trademarks or logos of other companies or organisations and these are proprietary to the registered owner(s) of such marks.

  1. Indemnification

You agree to indemnify, defend and hold harmless Dealer Guide, their officers and employees, from any loss, liability, claim, demand, damage or expenses (including reasonable solicitor’s fees) asserted by any third party due to or arising from or in connection with your use of Content, or your conduct on the Website, or messages posted or transmitted by you on or through the Website. Dealer Guide reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnification obligations.

  1. Invalid terms and conditions

In the event that any or any part of the terms contained in these Terms of Use are determined by a court to be invalid, unlawful or unenforceable, then such terms shall be severed from the remaining terms.

  1. Variation of terms of use

Dealer Guide reserves the right, at their sole discretion, to change, modify, add or delete portions of these Terms of Use at any time and you should therefore periodically review this page.

  1. Website unavailability

Dealer Guide does not accept responsibility in the event that the Website is unavailable to you due to any computer downtime, malfunction or such other event outside the control of Dealer Guide.

  1. Forums and public communication

Forum includes without limitation; chat area, message board, blog or wiki function, discussion board, instant messaging, mobile messaging or e-mail function offered as part of the Website. If you participate in any Forum within the Website, you agree to follow our terms set out below.

Dealer Guide is not responsible for the content or opinions posted or sent by users in any forum. You acknowledge that: (i) you take responsibility for postings under your username; (ii) you use the information provided in the forums at your own risk; (iii) anything you submit on the Website by way of any forum is routed through Dealer Guide’s servers and/or the internet and that, therefore, you have no expectation of privacy with regard to any such submission; (iv) Dealer Guide does not guarantee and is under no obligations, to take action in response to any suggestions or requests placed by any person within the forum; (v) the forums and features on the Website are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don’t know. Dealer Guide cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

When participating in a forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in a forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. Dealer Guide cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading, investment, or any other decisions made based on such information.

You furthermore agree not to do any of the following:

Post, distribute, or otherwise make available or transmit any data, text, or message, that Dealer Guide deems to be: (i) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (ii) bigoted, hateful, or racially offensive; (iii) vulgar, obscene, or sexually explicit (language or images); or that (iv) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; or that (v) infringes and / or violates any domestic or international law, rule, or regulation or make statements that do not generally pertain to the designated topic or theme of any forum.

Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any forum for commercial purposes of any kind.

Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.

Engage in antisocial, disruptive, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing” as those terms are commonly understood and used on the internet.

Dealer Guide reserves the right to:

(i) remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these terms (ii) remove messages, emails, or postings that do not pertain to the designated topic or theme of the forum (iii) comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Website in violation of the law (iv) either via staff posting or otherwise, initiate any discussion based on feedback from members (v) otherwise remove or edit content from any forum at any time and for any reason although it has no duty to do so.

Copyright 2017 SME Business Coach Pty Ltd T/A Dealer Guide