The www.enegra.com Web Site (the “Site”) is provided for your use by ENEGRA LTD (ABN 72 152 390 611) (“Enegra”), subject to the following terms and conditions (“Terms”). Your use of this Site constitutes your agreement to these Terms. MODIFICATIONS
We may change these Terms at any time by posting the changes at the Site and your continued use of this Site will constitute your acceptance of the modified Terms. We may limit, modify or discontinue, temporarily or permanently, use of the Site or certain functions of the Site without prior notice. The date of our last change to these Terms is set forth below.
Enegra grants you a limited license to use this Site subject to your compliance with these Terms. You agree not to do any of the following in connection with your use of the Site: use this Site for any purpose other than for your personal use or for conducting, or considering whether to conduct, business with Enegra;
upload, post, transmit or otherwise make available on or through the Site any content that is unlawful, threatening, abusive,harassing, defamatory, vulgar, obscene, offensive, invasive of another’s privacy, or that infringes any patent, trade mark, trade secret, copyright or other property rights of another person or entity;
upload, post, transmit or otherwise make available on or through the Site any computer virus or other destructive computer code;remove or modify any copyright, patent or other property rights notice or marking contained within the Site;reverse engineer, disassemble, decompile or otherwise attempt to discover the source code to any software, systems,designs, processes or proprietary information of Enegra;remarket, resell, or redistribute the Site, in whole or part, in any other Internet or World Wide Web site.
The Site includes service marks and trade marks of Enegra and its related bodies corporate, including “Enegra”. The Site may also contain trade marks and service marks of third parties used by Enegra with permission. No right or license to use any patent, copyright, trade mark, service mark, trade secret or other intellectual property contained in this Site, or in any software, systems, designs or processes related to this Site, is granted to or otherwise conferred upon you, and all such rights are reserved to and shall remain the exclusive property of Enegra.
The Site is intended for use in Australia only. We make no representation that content or services of the Site are appropriate or available for use at other locations outside of Australia. You may not use the Site in violation of the laws of Australia. If you access this Site from anywhere other than Australia, you are responsible for compliance with local laws. These Terms will be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without reference to such State’s conflicts of law principles.
This site and the information presented at the Site may contain inaccuracies and typographical errors. To the maximum extent permitted by applicable laws, this Site, the information, materials and software displayed and obtained through use of this site are provided “as is” without any representation or warranties of any kind, including but not limited to (i) any warranties as to the availability, content, accuracy, quality, reliability or completeness of the Site, any data, information, service or product provided, obtained or generated by or through the Site, and (ii) any warranties of merchantability, fitness for a particular purpose or non-infringement. To the maximum extent permitted by applicable law, Enegra excludes liability, whether arising under tort, negligence, contract, strict liability, warranty or otherwise, for all direct, indirect, special, incidental or consequential damages, or any loss of revenue or profits, loss of goodwill, loss of savings, loss of use, interruptions of business or claims as a result of use of, or inability to use, this Site, even if Enegra or our representatives have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, Enegra shall not be liable for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, or defect, delay in operation or transmission, computer virus, communications line failure,any theft, destruction or unauthorised access to, alteration of, or use of records or information arising out of or related to use of this Site, or the cost of any product or service obtained through this Site, or statements or conduct of any third party using this Site, or any content, advice, opinion, statement or other information displayed at this Site or any linked site. The foregoing limitations of liability shall apply notwithstanding any failure of essential purpose. In no event shall the total liability of Enegra to you for all damages, losses and claims exceed the amount paid by you to Enegra, if any, for accessing this Site.
If applicable law implies terms into these Terms that cannot be lawfully excluded then those terms will apply and, to the extent permitted by law, Enegra’s liability for breach of any such term will be limited, at our option, to any one or more of the following: in the case of goods, repair or replacement of the goods or payment for the cost of repair or replacement; in the case of services, resupply of the services or payment of the cost of the resupply.
Notices to Enegra should be sent via the links to our Head Office on the “CONTACT” section of this website.
Neither these Terms nor your use of this Site will create any agency, partnership, joint venture or other relationship between Enegra and you. These Terms constitute the entire agreement between Enegra and you pertaining to your use of this Site. If any of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable to any extent, it is agreed that the court should attempt to give effect to the intentions expressed by these Terms and the remaining Terms shall not be affected by such determination and shall be enforced to the fullest extent permitted by law. You agree that notwithstanding any law to the contrary, any claim relating to these Terms or this Site must be commenced within one year of the circumstance or event giving rise to such claim