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energysmart.com.au and its contents (“Website”) is owned and operated by Energy Smart. (“Energy Smart”).

By accessing or using the Website, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in the Terms of Use, the Privacy Policy and elsewhere on the Website (known collectively as “Terms of Use”). Please read these Terms of Use carefully before using the Website. If you do not agree to all of the provisions contained in these Terms of Use, you must refrain from using the Website.

The Terms of Use govern the use of this Website.

Energy Smart reserves the right to amend these Terms of Use at any time without notice. You are therefore encouraged to check this document regularly.

Applicable Law

Energy Smart makes no representation that the content of the Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.

Quotes

The Website provides a forum though which quotes for goods and services from third party suppliers can be requested by users, and supplied to the user by the third party suppliers. The provision of quotes on this Website does not necessarily constitute the recommendation or endorsement of Energy Smart for such goods or services. The third party supplier is solely responsible to you for any representations or offers made by it, and for any goods or services that you agree to purchase from those third party suppliers. It is your sole responsibility to ensure that any such goods, services, or information provided by any such third party supplier are suitable for your particular needs.

Restrictions on Use

You may use the Website only for the purpose of obtaining quotes from one or more of the third party suppliers in our system.

You may not use the Website in connection with a business or enterprise that is competitive with Energy Smart.

You may not use the Website for an improper purpose, or in any way that would cause damage or loss to Energy Smart. Without limiting the generality of this clause, you may not use the Website to:

(a)       Submit a request for a quote on behalf of an individual other than yourself without that individual’s consent;

(b)       Compile a list of one or more of the third party suppliers in our system except in connection with obtaining a quote as permitted by these Terms of Use;

(c)       Send automated requests for quotes to one or more of the third party suppliers in our system;

(d)       Send spam to one or more of the third party suppliers in our system; or

(e)       Copy, adapt, or make use of the information on our Website in a business or enterprise.

Links to Third Party Websites

Energy Smart assumes no responsibility and accepts no liability for the condition or content of third party websites that may be linked to or accessed from the Website. Except as Energy Smart may specifically direct otherwise, Energy Smart does not authorise the content of those third party websites.

Disclaimer and Liability

This Website is provided on an “as is” basis. While Energy Smart has used its best endeavours to ensure that the information contained on and accessed through the Website is correct and current at the time of publication, Energy Smart does not accept responsibility for any error, omission or defect in the information.

To the fullest extent permissible by law, Energy Smart, its affiliated companies and their respective directors, employees, agents and contractors:

(a)       Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Website, your access to the Website or results of your access, or the information, content, materials or products on the Website; and

(b)       Do not warrant that the functions on the Website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.

Nothing in these Terms of Use limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the State and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, under no circumstances (including but not limited to any act or omission on the part of Energy Smart, its affiliated companies or their respective directors, employees, agents and contractors) will Energy Smart, its affiliated companies or their respective directors, employees, agents or contractors accept liability for any direct, indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the Website.

Indemnity

You agree to indemnify and keep indemnified Energy Smart, its affiliated companies and their officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the your use of the Website (or any part of it) or the violation of these Terms of Use by you, or the infringement by you, of any intellectual property or other right of any person or entity.

Intellectual Property & Restrictions On Use Of Content

The Website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The Website contains trademarks, intellectual property and copyright protected works that are owned by Energy Smart, and third parties. Except for the direct purpose of viewing, accessing or interacting with the Website for your own personal use or as otherwise indicated on the Website or these Terms of Use, you must not copy, republish, communicate to the public, adapt, transfer, distribute, sell or store any of the contents of the Website, or incorporate any part of the Website into another website without Energy Smart’ written consent.

Termination and Cancellation

Energy Smart reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the Website, at any time without notice. Without limiting the operation of any other Terms of Use herein, Energy Smart will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on Energy Smart’ liability will survive such termination.

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