Terms & Conditions
Terms & Conditions
Please read through these Terms carefully. By accessing the Energyview website, www.energyview.com.au ("the Site") or by otherwise accessing any content found on this Site, you are deemed to have entered into an agreement and to have agreed to be bound by the terms set out below. The Site is owned and operated by Core Energy Group Pty Limited (“Owner”)
These terms were last updated on 15 Feb 2010.
Intellectual Property Protection
The contents and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the "Energyview Content"), are copyright of the Owner. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as "Energyview" name and logo or other trade names appearing on the Site) for any reason without written permission from the Owner.
Use of Energyview Content
You may retrieve and display the Energyview Content on a computer screen or, print individual pages on paper and store such pages in electronic form for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from the Owner:
- reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of Energyview Content, or
- modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Energyview Content (including use as part of any library, archive or similar service) without the prior written consent of the Owner,
- remove the copyright or trade mark notice from any copies of Energyview Content made under these Terms.
Any use of Energyview Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent to Customer Services contact, and may be subject to a fee.
Licence Fee, Payment, and Transactions
Access to certain Energyview Content is subject to a fee. All payments (including applicable taxes) must be made in advance in Australian Dollars. You are responsible for the payment of all charges associated with the use of the Site.
If your use of the Site is terminated by the Owner, you may be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination unless such use is terminated because you are in breach of these Terms. You will continue to be responsible for any fees or other charges incurred by you prior to such termination.
All refunds are at the discretion of the Owner.
Term and Termination
Energyview or the Owner may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use the Energyview Content) with or without cause by delivering a notice to you.
The rights of termination are in addition to all other rights or remedies of the Owner provided in these Terms or by law.
Changes to the Website
Energyview and its Owner reserves the right, in its discretion, to suspend, change, modify, add or remove portions of Energyview Content available on the Site at any time and to restrict the use and accessibility of the Site.
Registration, Passwords and Responsibilities
Certain areas of the Site are only open to you if you register. You are solely responsible for the confidentiality and use of and access to Energyview Content and the Website using your user name and sign-on password.
You agree to immediately notify Energyview or its Owner if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorised use of a sign-on password, user name, or of the Energyview Content or the Site. You will provide Energyview with accurate, complete registration information (including in particular your e-mail address) and inform Energyview of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, Energyview and its Owner reserves the right to monitor and record activity on the Site, including access to the Energyview Content.
Unless otherwise expressly agreed, each registration is for a single user only. You may not share your user name and password with any other person, nor may you share or transfer your subscription. Energyview does not permit access through a single name and password being made available to multiple users on a network.
Force Majeure
Energyview and its Owner, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Energyview Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Miscellaneous
Changes to these Terms. Energyview and its Owner may, in its discretion, change these Terms (including those relating to your use of Site and/or the Energyview Content). When Terms are changed, Energyview will notify you by email or by publishing details of those changes by including them in these Terms
Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Energyview and its Owner.
Notices. Notices to Energyview must be given in writing by letter and sent to The Owner’s last known place of business (for the attention of the Company Secretary).
Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, Australian law. The parties irrevocably agree that the courts of England shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the South Australian courts.
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