This Website is the property of Energy Inspection Pty Ltd (EI) and is available to be used on these Terms and Conditions. By using this Website you are agreeing to accept these Terms and Conditions. If you are an employee, agent, associate, distributor, director or shareholder of a business or government entity, you are also agreeing to bind that business or government entity to these Terms and Conditions. Any breach of these Terms and Conditions by you will be considered a breach by the entity you are acting for or on behalf of.
1.0.1 EI grants you a non-exclusive, non-transferable, limited, conditionally revocable licence to access and use the contents of this Website and its products and services for your personal / business use to identify products and services. Any other use of this Website is a violation of these Terms and Conditions and is therefore prohibited. In particular, prohibited uses are: using personal or email details contained in the Website for marketing, selling or soliciting purposes of any kind; extraction of data, reverse-engineering or data mining; modification of any part of the software; the making of derivative works based on any data or software contained on the Website; or use of any software or technique that would in any way corrupt or falsify the service.
1.0.2 EI reserves the right at its sole discretion to amend, modify, add, remove or suspend without prior notice or liability, any features (whole or in part) of this Website or other EI products and services associated with this Website.
1.0.3 You agree not to assign, dispose of, sub-license, sell, or transfer in any way the rights granted by this Licence, nor exploit for commercial purposes any part of this Website (including source code), access to it or any associated products or services.
1.0.4 You may link to this Website provided that EI, its products and services, partners and affiliates are not in any way portrayed in a negative, offensive, false, misleading, derogatory or illegal manner. In addition the linking site must not contain any illegal, negative, offensive, false, misleading, derogatory material or processes including software. No specific or implied partnership or affiliation with EI may be indicated without EI's express written approval. Furthermore EI reserves the right to require you to remove any link to this Website for any reason and you agree to carry out the removal immediately upon notification.
1.0.5 You agree that all information you provide to this Website is factual and accurate to the best of your knowledge, and if this situation changes to notify EI immediately. Furthermore the information you provide shall not be negative, offensive, false, misleading, derogatory, illegal, threatening, defamatory, invasive of privacy, or in any way impinge on the rights of any person or their associated property (including websites).
1.0.6 If for any reason a Court of a recognised jurisdiction fails to acknowledge a part of these Terms and Conditions, the remaining provisions shall be binding and remain in full force.
1.0.7 The Terms and Conditions that appear on this Website at all times supersede all previous examples and override any previous verbal, written or electronic agreements and understandings.
2.0.1 You acknowledge that in using this Website or other associated products and services, that you are exercising your own judgement or advice and that this use is completely at your own risk, as is the purpose to which you ultimately put the information obtained from this Website. Therefore you agree to indemnify EI its partners and affiliates against any loss, damage or liability whatsoever which may occur from use of the Website or its related products and services.
2.0.2 EI compiles the data in this Website from questionnaires and other means from participating suppliers, companies and organisations. The shareholders, directors and employees of EI believe this information to be accurate and truthful to the best of their knowledge but ultimately the completeness of this data rests solely with the organisations that list on the Website. EI therefore accepts no liability for the accuracy or otherwise, usefulness or currency of the data on the Website or associated products and services. The conditions of use, warranties, fitness for purpose, compliance or any other topic related to the products, services and supplier capabilities listed on the Website are beyond the ability of EI to determine. Therefore we assume no liability for the loss, damage or results obtained from the application of the data obtained from this Website.
2.0.3 As many of the products and services provided by EI including this Website are thoroughly integrated with the Internet, EI gives no warranty or commitment that the services you access will be free of interruptions, delays, network or server failures, or data corruption and is not liable for any loss, damage or inconvenience that may result.
2.0.4 In order to provide a useful and complete service to you EI provides links on this Website to other internet addresses. However, EI is completely independent of these third party addresses (even if the EI logo or associated proprietary logos appear on these sites) and has no control over their content, performance and bona fides and is not responsible or liable in any way for the information they contain.
2.0.5 Whilst all reasonable care is taken in the preparation of the data presented on this Website, EI accepts no liability for loss, damage or impact on reputation caused by any errors or omissions. Furthermore EI is not liable for, or in breach of these Terms and Conditions for any failure to perform (or delay in performing) any of its obligations under these Terms and Conditions due to any situation beyond its control.
3. Privacy Statement
3.0.1 Our commitment to you is that you may request access to, modification or even complete elimination of your personal data from our records at any time by sending us an authenticated email. Where we collect information for credit card payments, user profiles and market research, the individuals who provide this information to us may also request access to, modification or even complete elimination of this data from our records at any time by sending us an authenticated email.
3.0.2 EI interacts with other legitimate third party providers in order to maintain the functionality of the Website for suppliers and end-users. These third parties include (but are not limited to) web development programmers; web hosting services; payment management services; merchant and banking facilities; bookkeeping, accounting and record management services that are contracted to EI from time to time. These businesses are bound to EI by Law with confidentiality and trade secrets contracts that prohibit the use or dissemination of any data obtained by EI or contained on this Website.
3.0.3 To maintain the integrity and functionality of this Website, EI will not sell, copy or otherwise disseminate your information to any organisation that is not directly involved in the provision, maintenance or improvement of this service without obtaining your express permission to do so.
3.0.4 Whilst EI takes every precaution to protect your privacy through encryption, confidentiality contracts and other means, the Internet is a publicly accessible network so we cannot ensure or warrant the security and integrity of any data that is in transit to us or from us, and you send this information at your own risk.
3.0.5 EI may buy, sell or otherwise acquire separate businesses from time to time and your information may be shared with these merged businesses. In the event that EI is itself acquired, your details would be transferred to the acquiring business or entity.
3.0.6 If you are in breach of these Terms and Conditions, EI may disclose information about you to third parties. EI may also be required to disclose information about you through a requirement of the Courts or statutory requirement.
4. General Provisions
4.0.1 The headings of this Agreement are for convenience only and do not constitute terms within these Terms and Conditions.
4.0.2 Neither you nor EI shall be liable for any delay in performing obligations if such delay is caused by any circumstance beyond the reasonable control of either party.
4.0.3 You agree to treat as absolutely confidential and keep secret all information concerning the collection of data, operation or correct functioning of this Website and associated products and services. You will not disclose this information to any third party except as required to by Law, statutory requirement, or to the extent that the information is public knowledge. This condition shall remain in full force after termination of these Terms and Conditions.
4.0.4 These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Victoria, and the parties submit to the jurisdiction of Australian Courts. However any dispute between you and EI will be initially addressed through negotiation, then mediation officiated by the Australian Law Society if required. Should no resolution be concluded after sixty (60) days of notification of the initiating party's request for dispute resolution, either party may request arbitration again officiated by the Australian Law Society. You agree that any costs associated with these dispute resolution proceedings shall be divided equally between you and EI.
4.0.5 These Terms and Conditions do not in any way limit EI from pursuing a claim for breach of contract, copyright infringement, damages, or otherwise in respect of these Terms and Conditions in any other jurisdiction either in Australia or elsewhere throughout the world.