When you use this Website and/or participate in the Watt Savers Program you accept our Terms and Conditions including the conditions that are set out below. Please read them carefully.
1. Limited Licence
- We grant you a limited, revocable licence to access and use the Website and its content in accordance with these Terms and Conditions.
- You may display, print or download the content of our Website on your computer, PDA, mobile phone or other telephonic device for information, entertainment and personal use only.
- Some of the content of our Website may be subject to Additional Terms and Conditions (for example, content which you access through links to the websites of third parties). If you agree to Additional Terms and Conditions and there is any inconsistency between those Terms and these Terms and Conditions:
- these Terms and Conditions prevail to the extent of any inconsistency in relation to the use of our Website;
- the Additional Terms and Conditions prevail only to the extent of the inconsistency in relation to your use of a third party's services or website.
For the sake of clarification, nothing in this clause 1.3 is to be interpreted as our accepting any liability and to the maximum extent permitted by law, we disclaim any and all responsibility and liability to you.
- You can not use our Website or any part of it for any Commercial Use or for any public display (commercial or non commercial).
- We reserve the right to suspend, terminate or otherwise deal with your limited licence in relation to the Website and its content at any time.
- Our Terms and Conditions apply while you use our Website or services.
2. Your Use Of Our Website
The information and material contained in this site is of a general nature, compiled from various sources, and does not constitute direct advice. CitySmart does not invite reliance upon and does not accept responsibility, or liability, for information provided within, or associated with, this Website and the Watt Savers Program. You are advised to make your own enquiries and obtain independent professional advice before making any decisions about this site.
To the extent permitted by law, CitySmart accepts no liability arising from, or in connection with, the information at this site, or at a linked site, being incorrect, incomplete or misleading.
In using our Website you must not:
- Distribute all or any part of our Website other than as intended or as agreed by us in writing.
- Do anything which alters the Website, or interferes with or affects its working other than as intended or as agreed by us in writing. This includes removing anything from it, adding anything to it, linking it to or from another Website.
- Alter or modify any part of our Website other than as intended as agreed by us in writing.
- Access third party submissions or other content on our Website other than as expressly authorised by us and by way of the web pages provided by us.
- Use the Site or include, list, upload, post or transmit any information or material in any manner or for any purpose that is illegal, unlawful, breaches the privacy or Intellectual Property Rights of another, is offensive, defamatory, deceptive, deceitful, misleading, inaccurate, fraudulent, obscene, indecent, offensive, vulgar, harmful, advocating violence, threatening, abusive, harassing, or violates any applicable law, statute, ordinance or regulations, or which is prohibited by these Terms and Conditions.
- Use or launch any automated system including (without limitation) any offline readers, spiders or robots that access our Website in a way that:
- Sends a larger number of request messages to our servers or to other users of our Website than can reasonably be produced by a human in the same period using a conventional on-line web browser.
- Sends spam to any other user.
- Annoys or harasses any other user.
- Collect or harvest any personally identifiable information.
- Store, permanently download or redistribute content from our Website other than as intended or as agreed by us in writing.
- Circumvent, disable or otherwise interfere with any security-related features of the Website or features that prevent, limit or restrict use or copying of any content from our Website.
- Attempt to decompile or reverse engineer any software contained on the Website.
- Transfer the materials to another person or 'mirror' the materials on any other server.
3. We Are Entitled To Use, Remove, Alter And Monitor The Content Of The Website
We are entitled without notice, but are not obliged to:
- Use, alter, update and monitor the content of the Website, at any time and at our sole discretion.
- Remove from the Website any content that is in our opinion and sole discretion unacceptable.
5. Submitting Information
- In order to take advantage of any promotions on our Website, you will need to provide certain information. When entering information on our Website, you must provide accurate and comprehensive information.
- You must be more than 18 years of age to submit information on our Website. If you are aged less than 18, your supervisor must accept full responsibility for the terms, conditions, obligations and warranties set out in these Terms and Conditions and/or any Additional Terms and Conditions.
6. Links To Websites
Links to our Website
You must never create a link to or from our Website or any part of our Website:
- For Commercial Use, without our prior written consent.
- To or from a website which contains Prohibited Content.
- To or from a website which infringes third party's rights (including Intellectual Property Rights).
Links from our Website
- Our Website may contain links and other pointers to websites owned or controlled by third parties. These links are provided for your convenience only and are not endorsed by us.
- When accessing third party websites you should read the terms and conditions applying to the use of those websites.
- We have no control over the content, practices or policies of any third party websites and therefore take no responsibility in respect to them. Without limiting clauses 8 and 10, by using our Website to access third party websites you expressly release and indemnify each of us and our Affiliates from any and all liability arising from your access or use of any third party website.
7. Things We Don't Promise
Our Website is provided on an 'as is' and 'as available' basis. We do not promise you any of the following:
- That you will have uninterrupted or error-free access to or use of the Website by any method.
- That death, personal injury or property damage may not occur as a result of your access to and use of our Website or any information on our Website or accessed from our Website.
- That the Website or any files available for downloading will be error-free or free from viruses, faults or defects or that any bugs, viruses, Trojan horses or other corrupting programs will not be transmitted to or through our Website by any third party.
- That the content of the Website is accurate, complete, or suitable for a particular purpose. You must rely on your own judgment.
- That there will not be any unauthorised access to or use of our secure servers which may result in your personal or financial information being accessed.
- That your internet or mobile service provider will allow you access to the Website. You are responsible for ensuring your service provider will allow you access to the Website and its content and for any costs and service fees associated with the access.
- That your computer, mobile or other hardware devices will allow you access to the Website. You are responsible for ensuring your devices will allow you access to the Website and its content and for any costs and service fees associated with the access.
8. Exclusion Of Liability
This Website and its content are for information and personal use only. The content is subject to change without notice. While we use commercially reasonably endeavours to ensure the accuracy of the information on our Website, it is for information only and is not a representation as to how it will apply in your personal situation. No person may therefore rely on any information contained in this Website. We do not warrant that any of the information or materials on the Website are accurate, complete or current.
- To the maximum extent permitted by law, we, and our Affiliates disclaim any and all responsibility and liability in respect of our Website and any loss or damage suffered or incurred by a person for any reason including (without limitation):
- using or relying on any of the information provided in or obtained through our Website;
- any of the matters referred to in clause 7.1.
- To the maximum extent permitted by law:
- we disclaim all warranties, express or implied, in connection with our Website and your access to and use of our Website.
- we are not responsible for any loss or damage arising out of this Website or your use of this Website including (without limitation) death, personal injury or any loss or damage as a result of an occurrence listed in clause 7 (Things we don't promise).
- we exclude every warranty or condition of any kind that might otherwise apply in relation to the Website, its content and its useability.
- we are not liable, and each of our Affiliates is not liable, for any direct, indirect, incidental, special, punitive or consequential liability, loss, damage or expense you incur or suffer that arises out of your access to, use of (or reliance on) our Website or our services or any of the content of the Website or your inability to use it. This applies even if we have been informed that the liability, loss, damage or expense will or may result.
- You agree that you must commence any course of action arising out of or related to these Terms and Conditions or your use of our Website within one (1) year of the cause of action arising. After that time you agree that any cause of action will be permanently barred.
- This clause 8 will survive termination or expiration of these Terms and Conditions and cessation of your use of our Website for any reason.
9. Limitation Of Liability For Warranties We Can't Exclude
In the case of a warranty or liability that the law says we cannot exclude, our liability is limited, to any one or more of the following, at our option:
- in the case of goods.
- the repair of the goods.
- the payment of the cost of replacing the goods or of acquiring equivalent goods.
- the payment of the cost of having the goods repaired.
- in the case of services
- the resupply of the services.
- the payment of the cost of having the services resupplied.
- in all other cases, AUD10 (Ten Australian Dollars)
- This clause 9 will survive termination or expiration of these Terms and Conditions and cessation of your use of our Website for any reason.
You agree that your access to and use of our Website will be at your sole risk.
- You continually indemnify us and our Affiliates against any claim or proceeding that is made, threatened or commenced and against any liability, loss, damage or expense (including legal costs on a full indemnity basis) any of them incurs or suffers, as a direct or indirect result of any of the following:
Your use of and access to our Website.
- A breach of these Terms and Conditions.
- A wilful, unlawful or negligent act or omission by you.
- Your violation of any third party right or law, including (without limitation) any Intellectual Property Rights, defamation or criminal laws.
- A claim that you caused damage to a third party.
- Your use of any information obtained from or through our Website (including without
limitation death or any injury received as a result of copying a stunt or manufacturing or
- This clause 10 will survive termination or expiration of these Terms and Conditions and cessation of your use of our Website for any reason.
11. INTELLECTUAL PROPERTY RIGHTS
The content and software used in connection with the Website contains confidential information that is protected by valid and applicable Intellectual Property Rights.
- We own or have a right to use the Intellectual Property Rights to use the Website and all of its content. We reserve our rights in it. Apart from uses permitted by the Copyright Act 2001 (Cth) or by these Terms and Conditions, no part of any content may be reproduced or provided to the public, in any form and by any means, without our written permission.
- You agree that:
no title to any Intellectual Property in this Website or its content is transferred to you; and
- you do not obtain any rights, express or implied, other than those specifically granted by these Terms and Conditions.
- You acknowledge that data in advertisements and sponsors or information provided to you through the Website is subject to copyright, trade mark, brand names, patents or other property rights or laws. You agree that you will not do anything (including, without limitation, amend, rent, rent out, lend, lease, borrow, loan, sell, distribute, create or generate content or products) that partially or entirely reproduces or exploits that intellectual property.
- Any rights to download material from our Website are limited to a total download of one copy of that material.
12. TRADE MARKS ETC
We own our trademark and device. No permission is given for their reproduction or publication, except to the extent allowed by this limited licence.
- You acknowledge that all marks that appear throughout the Website belong to us or the respective owners of those marks and are protected by domestic and international trade mark and copyright laws. Any use of any of the marks without the express written consent of us or the owner of the mark (as applicable) is prohibited.
If a clause or part of a clause can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this document, but the rest of this document is not affected.
14. VARIATION OF TERMS AND CONDITIONS OF WEBSITE
We reserve the right to vary these Terms and Conditions from time to time. The latest conditions will always be made freely available to users at www.wattsavers.com.au
- You agree to be bound by the varied Terms and Conditions by continuing to access this Website.
The fact that we fail to do, or delay in doing, something we are entitled to do under these Terms and Conditions, does not amount to a waiver of any obligation of, or breach of obligation by you. A waiver by us is only effective if it is expressly given in writing.
- A written waiver by us is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of:
any other obligation or breach.
- that obligation.
- a similar obligation or breach on any other occasion.
16. GOVERNING LAW
This document is governed by the law of Queensland, Australia. By using our Website you submit to the exclusive jurisdiction of the Queensland courts and courts of appeal from them and agree to the exercise of jurisdiction by those courts.
- You agree that:
The Website will be deemed to be solely based in Australia; and
- The Website is a passive site that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Australia.
You may not transfer or assign these Terms and Conditions or any rights or licences granted under these Terms and Conditions.
- We may transfer or assign these Terms and Conditions and your account without restriction or notification.
'Additional Terms and Conditions' means any terms and conditions required to be consented to in order to gain access to parts of our Website or to participate in activities on our Website including (without limitation) competitions, promotions and services.
- 'Affiliates' means our officers, employees and other personnel, agents, contractors, partners, principals, licensors, service providers and members.
- 'Commercial Use' includes (without limitation):
- sale of access to our Website or our services by way of another website.
- using our Website or our services for the purposes of selling goods or services or for advertising goods or services or for obtaining subscription revenue other than as expressly permitted by our Website.
- any use of our Website or our services for the purpose of competing with or displacing our Website or services.
- soliciting any users of our Website for any commercial purpose other than as intended.
- 'Intellectual Property Rights' means copyright, trade marks (whether registered or not), patents, patent applications, eligible circuit layouts, moral rights, service marks, trade names, registered designs, unregistered design rights, know how, trade secrets, domain names, internet addresses, rights in confidential information and all and any other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the same
- contravenes any applicable laws (including without limitation laws concerning Intellectual Property Rights); or
- infringes the rights of a third party (including without limitation laws concerning Intellectual Property Rights, privacy or personal or proprietary rights)
- 'We', 'Our' and 'Us' means Brisbane Green Heart CitySmart Pty Ltd ACN 099 480 010.
- 'Website' means www.wattsavers.com.au and the network of websites owned by us, whether accessed by the internet, WAP or any other means and the text, registration facilities, hyperlinks and the underlying HTML or XML.
- 'You', 'Your' means the person accessing and using our Website.