Terms of Service

SmartSoft Document Management by Smart Records Group Pty Ltd

Effective: March 2026 · Version 2.0 · ABN 24 092 318 824

These terms and conditions ("Terms of Service") govern your use of the SmartSoft document management platform at smartdocumentmanagement.com.au ("Service") and any other services of Smart Records Group Pty Ltd (ABN 24 092 318 824) ("SRG", "we", "our", "us"). Our Privacy Policy is incorporated by reference into these Terms of Service. Some services may be subject to additional conditions posted on our website or provided to you when you sign up for the service.

By accessing or using the Service, you agree to be bound by these Terms of Service. If you are entering into these Terms on behalf of an organisation, you represent that you have the authority to bind that organisation.

1. Communications

You acknowledge and agree that SRG may send you communications regarding your account or the Service via email. If you have requested it, we may also send you communications about upgrades to the Service or other products and services that may be of interest to you. You can opt out of marketing communications at any time by contacting us or using the unsubscribe mechanism in any such communication.

2. Accounts and Passwords

You must be a registered user to access the Service. You must provide accurate, up-to-date and complete information when you register. You are solely responsible for keeping your password secure and for any activity that occurs under your account.

You must use all reasonable endeavours to prevent any unauthorised access to, or use of, the Service and you must notify SRG immediately in the event of any unauthorised access or use.

Password guidance: Your password should be at least 12 characters, use a mix of upper and lower case letters and numbers, and should not contain dictionary words, personal information, or patterns. We recommend using a passphrase or an approved password manager. Passwords should not be reused across accounts or stored in unprotected files.

3. Privacy and Data Protection

SRG is committed to protecting the privacy of its clients, their clients and our end users. We handle personal information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles (APPs), and the Privacy and Other Legislation Amendment Act 2024 (Cth). For full information regarding our privacy management, please refer to our Privacy Policy.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so, in accordance with the Notifiable Data Breaches scheme under the Privacy Act.

4. Data Storage and Location

All digital attachments uploaded to SmartSoft are stored in Sydney, Australia (AWS). Metadata about these files (dates, descriptions, retention periods) is processed in the United States of America. We have put in place appropriate security measures, including encryption at rest and in transit, to protect your data from accidental loss, unauthorised access, alteration or disclosure.

You consent to SRG transferring your encrypted metadata to third-party IT providers, including our hosting and back-up service providers, outside of Australia for the purpose of providing the Service. We take reasonable steps to ensure overseas recipients handle your data in accordance with the APPs (APP 8).

5. Acceptable Use

You are solely responsible for your conduct and your data related to the Service. You warrant that you have all rights, licences, authorisations and consents required to use the Service, including in respect of your data.

The Service is made available to you, your organisation and your staff only for your internal business purposes. Such use must comply with all applicable laws, rules and regulations, including privacy laws, and must not infringe or violate third-party rights.

You agree to indemnify, defend and hold harmless SRG, its directors, officers, agents and suppliers from any and all loss, cost, liability and expense arising from or related to your data, your use (or your employees', contractors' or agents' use) of the Service, or any violation of these Terms of Service.

Any unauthorised use of the Service is a violation of these Terms of Service and may breach Commonwealth, State or Territory laws. Such violations may subject you or your staff to civil and criminal penalties.

6. Third-Party Access

You must not permit, grant or facilitate access to the Service by any third party (including but not limited to contractors, consultants, auditors, IT service providers, agents or any other person who is not a registered user within your organisation's account) without the prior written consent of SRG.

To request third-party access, you must submit a written request to SRG identifying the third party, the purpose and scope of their proposed access, and the expected duration. SRG will not unreasonably withhold or delay consent.

Where SRG grants consent for third-party access:

The third party must agree to be bound by obligations no less protective than those set out in these Terms of Service, including the Acceptable Use, Privacy and Data Protection, and Confidentiality provisions
You remain fully responsible and liable for all acts and omissions of the third party as if they were your own, including any breach of these Terms of Service
You must ensure the third party accesses only the data and features reasonably necessary for the approved purpose
SRG may require the third party to execute a separate access or confidentiality agreement before access is granted
SRG reserves the right to revoke third-party access at any time if the third party breaches these Terms of Service, the separate access agreement, or if continued access poses a security risk to the Service or other users

Granting of access credentials to a third party without SRG's consent constitutes a breach of these Terms of Service and may result in the suspension or termination of your account in accordance with Section 10.

For the avoidance of doubt, this clause does not restrict your organisation's administrator from creating and managing user accounts for employees and authorised staff of your organisation in the ordinary course of using the Service.

7. Service Availability

SRG will endeavour to make the Service available 24 hours a day, seven days a week. However, you acknowledge and agree that the Service may occasionally be unavailable during periods of planned or unscheduled maintenance. SRG may perform unscheduled maintenance at any time but will do so outside of normal business hours where possible.

SRG is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Service may be subject to limitations, delays and other problems inherent in the use of such facilities.

8. Fees and Payment

All fees stated are exclusive of taxes, levies or duties imposed by taxing authorities. If your organisation is liable to pay GST, you will be responsible for paying GST on top of the subscription fees. All yearly subscription fees must be paid in advance.

Downgrading or cancelling your account may cause the loss of access, content or features of the Service. SRG does not accept any liability for such loss.

9. Cancellation and Termination

Cancellation by you. You are solely responsible for the cancellation of your account. You can cancel your account at any time by emailing us or calling us on 1300 889 837. We will acknowledge your cancellation request in writing.

Data following cancellation. All of your content and data will be deleted 90 days after cancellation or termination of your account. This information will not be able to be recovered. We recommend you use the export functionality of the Service prior to cancellation to retain any information you may require.

Non-payment. Failure to pay your subscription fees will result in your account being suspended. Accounts are suspended for a maximum of 90 days before the account may be terminated by us. We are not responsible for any loss you suffer as a result of such suspension or termination. A suspended account can be reactivated by supplying valid payment credentials and resuming your subscription.

Termination by SRG. SRG may suspend or terminate your account if you breach these Terms of Service, if required by law, or if your continued use poses a security risk to the Service or other users. Where practicable, we will provide you with reasonable prior notice of suspension or termination and an opportunity to remedy any breach. Termination may result in the deactivation or deletion of your account.

10. Deletion of Information

You acknowledge and agree that:

SRG is not responsible or liable for any loss, damage or consequence arising from the deletion of data held within the Service, whether such deletion occurs as a result of account cancellation, account termination, account suspension due to non-payment, the expiry of a retention period configured within the Service, action taken by your organisation's administrator, a request by you, or any other circumstance
It is your sole responsibility to export, back up and retain copies of any data stored within the Service that you wish to preserve, and to do so before any event that may result in the deletion of that data
Once data has been deleted from the Service, it cannot be recovered by SRG and SRG has no obligation to restore, reconstruct or otherwise recover deleted data
Where retention periods are configured within the Service by your organisation's administrator, SRG relies on those settings as instructions and accepts no responsibility for the consequences of retention periods that are incorrectly configured or that do not align with your legal or regulatory obligations

To the maximum extent permitted by law, SRG excludes all liability in connection with the deletion of data from the Service, howsoever caused.

11. No Reliance – Decision-Making

The Service is a document management and records storage platform. It is not designed to provide, and must not be relied upon as, legal advice, regulatory guidance, compliance assurance, or any form of professional recommendation.

You acknowledge and agree that:

Any decisions you or your organisation make based on, or in connection with, information stored in or generated by the Service (including but not limited to decisions about records retention, document destruction, regulatory compliance, student welfare, or administrative actions) are made at your own risk and are your sole responsibility
SRG does not warrant that the information held within the Service is complete, accurate, current or fit for any particular decision-making purpose
SRG is not responsible or liable for any loss, damage, penalty, regulatory action or other consequence arising from any decision you or your organisation makes in reliance on the Service, its contents, its outputs, or any feature of the Service
It is your responsibility to independently verify any information obtained from the Service before acting upon it, and to obtain independent professional advice where appropriate

This clause survives the termination or expiry of these Terms of Service.

12. Your Statutory Rights

Certain legislation, including the Competition and Consumer Act 2010 (Cth), may impose consumer guarantees or implied rights which cannot be excluded, restricted or modified except to a limited extent ("Statutory Rights"). These Terms of Service must be read subject to your Statutory Rights.

If Statutory Rights apply, to the extent to which SRG is able to do so, its liability under those provisions will be limited, at its option:

in the case of services – to the supplying of the services again, or the payment of the cost of having the services supplied again; and
in the case of goods – to the replacement of the goods or the supply of equivalent goods, the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods or of having the goods repaired.

13. No Warranties or Representations

Without limiting your Statutory Rights:

You understand and agree that the Service is provided "as is" and, to the extent permitted by law, SRG and its suppliers expressly disclaim all warranties or representations of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on SRG's servers.

SRG and its suppliers make no warranty or representation that your use of the Service will be uninterrupted or error-free, regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet your requirements.

14. Limitation of Liability

Without limiting your Statutory Rights:

Use of the Service is at your sole risk. You will be solely responsible for any damage to you resulting from the use of the Service. The entire risk arising out of the use, security or performance of the Service remains with you.

If there is any loss or damage to your data, your sole and exclusive remedy will be for SRG to use reasonable commercial endeavours to restore the lost or damaged data from the latest back-up of such data maintained by SRG.

In no event shall SRG be liable for any indirect, special, incidental, consequential or punitive damages, loss of use, loss of profits, revenue, interest or business, or loss or corruption of data, whether in an action in contract, tort (including but not limited to negligence), equity or otherwise in connection with the Service or any other service provided by SRG.

For the avoidance of doubt, this limitation of liability applies to (but is not limited to) any loss or damage arising from the deletion of data (whether by you, your administrator, or SRG) and any loss or damage arising from decisions made in reliance on the Service or its contents.

15. Intellectual Property and Data

SRG claims no intellectual property rights over the data or other material you provide to the Service. You acknowledge that SRG owns all right, title and interest in and to the Service, including all intellectual property rights, and such rights are protected by Australian and international intellectual property laws.

Except to the extent that applicable laws prevent us from restraining you from doing so, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.

16. General

You may not assign your rights in respect of the Service to any other person without SRG's prior written consent.

SRG will not be liable for any delay or failure to perform any of its obligations in respect of the Service if such delay or failure is due to an event beyond its reasonable control, including (without limitation) natural disaster, pandemic, war, terrorism, industrial action, power failure, telecommunications failure or act of government.

If a provision of these Terms of Service is invalid or unenforceable, it is to be read down or severed to the extent of the invalidity or unenforceability and that fact does not affect the validity or enforceability of the remaining provisions.

SRG may modify the Service, or any other services, at any time, for any reason, and without notice. We may also modify these Terms of Service at any time but, if we do so, we will notify you of the modified Terms and give you a reasonable period of time (not less than 30 days) to notify us that you do not agree to the modified Terms and cease using the Service.

This Agreement is governed by the laws of the State of Victoria, Australia, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria.

17. Questions

If you have any questions about these Terms of Service, please contact us:

Email: legal@smartrecordsgroup.com.au

Phone: 1300 889 837 (within Australia) | +61 3 9587 6074 (International)

Post: Smart Records Group Pty Ltd, PO Box 133 Caulfield South VIC 3162