For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. Our contact details are at the end of this document.
By using the Site, you agree to be bound by the Terms (whether or not you have read the Terms). If you do not agree to the Terms, please do not use the Site.
1. Licence to use Site
1.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this document.
2. Restrictions on use
2.1 You must not add any content to the Site:
(a) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(b) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(c) that would bring us, or the Site, into disrepute;
2.2 You must not:
(a) use the Site to send unsolicited commercial or bulk electronic messages;
(b) provide false information when registering or changing your registration details;
(c) tamper with, hinder the operation of or make unauthorised modifications to the Site;
(d) knowingly transmit any virus or other disabling feature to or via the Site; or
(e) infringe the intellectual property or other rights of any person.
2.3 You acknowledge and agree that:
(a) we retain complete editorial control over the Site and may alter, amend the contents (including any contents that you have generated or posted) or cease the operation of the Site at any time in our sole discretion; and
(b) the Site will not operate on an uninterrupted basis, and may be unavailable from time to time (including for maintenance purposes).
3. Intellectual Property Rights
3.1 The contents of the Site are copyright. All such copyright and any other intellectual property are absolutely owned by Engas or its related entities. Nothing in these Terms constitutes a transfer of any intellectual property rights to you. We authorise you to view and store, without modification, digital or print copies of our copyright material contained in this Site, subject to the following conditions:
(a) Excepted as permitted by the Copyright Act 1968 (Cth), the contents (including any graphic or creative materials) of the Site shall not be reproduced or copied in any form or by any process, electronic or otherwise, without the express written permission of Engas or the relevant copyright owner.
(b) You may reproduce in whole or in part the materials of the Site only if the reproduction is not for public or commercial purposes and, you do not remove or modify any notices of attribution or copyright, or if there are no such notice, you clearly attribute Engas Pty Ltd (or any relevant person) as the copyright owner of the relevant material.
3.2 By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing. You agree that we do not have to acknowledge you as the copyright owner of your contents or display any notices of attribution.
3.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
3.4 The licence in clause 3.2 will survive any termination of these Terms.
3.5 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 3.2 and 3.3.
4. Trade Marks
4.1 All trademarks (whether registered or unregistered), graphics, logos, symbols, slogans or other trade indicia (Trademarks) which appear on the Site are the property of Engas or other respective owners (as the case may be).
4.2 By allowing you access to the Site, Engas and the respective owners of the Trademarks do not grant you any rights to use any of these Trademarks.
4.3 If you use any mark or sign that is:
(a) identical or deceptively similar to the Trademarks;
(b) likely to cause confusion to customers; or
(c) likely to mislead or deceive customers,
you may infringe the Trademarks and/or contravene the law.
5. Linked Sites and Third Party Materials
5.1 The Site contains links to other websites (“Linked Sites”) and may contain contents provided by other persons (“Third Party Materials”). However, we do not endorse, sponsor or approve the Third Party Materials.
5.2 We also do not warrant the accuracy, completeness or reliability of the Third Party Materials, nor the suitability of any content located within any Linked sites. The Linked Sites provided are for convenience only and do not mean that we endorse or approve these sites, their contents or the entities or persons who operate or contribute to them.
5.3 We do not accept any responsibility or liability if you choose to act, fail to act or otherwise rely on any Third Party Materials. You are using your own judgement in deciding whether to rely on the Third Party Materials.
6.1 Engas uses reasonable endeavours to ensure the information and contents that it publishes on this Site is current and accurate. However, Engas makes no warranties or representations about the accuracy or completeness of the Site’s contents.
6.2 Engas disclaims any liability in connection with the Site and/or your use of the Site. You accept all risks and responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the Site or any Third Party Materials. Specifically, Engas will not be liable for any of the following:
(a) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site;
(b) any unauthorised access to or use of our servers or Site by any third party, resulting in any disclosure, unauthorised use or loss of your personal information and/or financial information stored therein;
(c) any interruption or cessation of transmission to or from the Site;
(d) any bugs, viruses or the like which may be transmitted to or through our Site through the actions of any third party; and/or
(e) any errors, omissions or inaccuracies in any content of the Site or for any loss or damage of any kind incurred as a result of the use of any content posted (including positing made by any user), emailed, transmitted or otherwise made available via the Site.
6.3 Engas does not warrant, endorse, guarantee or assume responsibility for any goods or services that you purchased from any third party through the Site or any Linked Site.
6.4 The Site and its contents are provided to you on "as is" basis. The Site may contain errors and inaccuracies and may not be complete or current. We do not guarantee the Site will always be available or is fault-free or virus-free.
6.5 Where liability cannot be excluded by law then, to the extent permissible by law, any liability incurred in relation to any materials on the Site (or Linked Sites) is limited to the resupply of the material or the reasonable cost of having the material resupplied. Under no circumstance will Engas be liable for any incidental, special or consequential damages, including damages for loss of business, capital or other profit arising from, or in relation to, the use of any material on the Site (or Linked Sites).
7.1 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) as to the Site, products or services available through the Site or the Site’s contents, other than those expressly set out in these Terms.
7.2 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
(a) in the case of our supply of goods to you:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of having the goods repaired, and
(b) in the case of our supply of services to you:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
(c) in the case of our provision of materials to you via the Site:
(i) the re-supply of the materials to you again; or
(ii) the reasonable cost of having the materials re-supplied to you again.
8.1 You agree to indemnify and hold harmless Engas (and its directors and officers) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal costs) arising from:
(a) your use of and access to the Site;
(b) your breach of any of these Terms;
(c) your violation of any third party right, including without limitation any copyright, intellectual property or privacy right.
You must not do anything on or through the Site so as to interfere with or disrupt our service or other users, or any other user’s computers, software or hardware. Such actions include, but are not limited to, the circulation of any unsolicited publicity or advertising material, propagation of computer worms and viruses, using the Site to gain unauthorised access to any other computer, sending, harassing, obscene, indecent, offensive or threatening electronic mail, forgery (or attempted forgery) of electronic mail messages and the replacement, transmission, posting or storage of any defamatory material on the Site. You agree to refrain from the bulk transmission of messages or unsolicited electronic mail. You must not access, nor permit any other party to access, the Site for any purpose or activity of an illegal, fraudulent or defamatory nature or do anything that may discredit Engas or may damage Engas’ reputation.
We do not represent or warrant that any files or data obtained from or through the Site or any website are free from computer viruses or other defects. Any such files or data are provided on the basis that you assume all responsibility for any loss, damage or consequence resulting directly or indirectly from your use of those files or data. Engas’ liability for such an event is limited to the resupply of those files or data.
12. Distributor’s use
12.1 If you are a distributor and Engas has granted you access to other features, services or materials available on the Site, you agree to also comply with the following terms:
(a) You must provide us with accurate, complete and up-to-date information for registration and administrative purposes;
(b) You are responsible for maintaining the confidentiality and security of your user name and password;
(c) You are wholly responsible for all activities that occur using your user name and password;
(d) You agree to immediately notify us of any unauthorised use of your user name or password; and
(e) You must ensure that you log out of your user account at the end of each session.
13.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.
13.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
14.1 You must not assign, sub-license or otherwise deal in any other way with any of your rights under these Terms.
14.2 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
14.3 We may amend or vary these Terms from time to time. Notification of changes in these Terms will be posted on the Site. If you do not agree to any modifications, you should cease to use the Site. Your continued use of the Site will constitute a binding acceptance by you of the then current Terms.
14.4 Each party must at its own expense do everything reasonably necessary to give full effect to these Terms.
14.5 These Terms are governed by the laws of Western Australia and each party submits to the jurisdiction of the courts of Western Australia.
15. Contact us
15.1 If you have any feedback or queries about the Site or these Terms, please do not hesitate to contact us on the following:
Postal address: PO Box 463, Joondalup WA 6919
Telephone: 1300 463 642