Energy Matters User Agreement

1. Introduction

Before you register to use or access this web site’s great facilities you must read, agree and accept all the terms and conditions contained in these user guidelines and the privacy policy. We may encounter the need to change these User Guidelines or Privacy Policy and you should check them every time you access or use the services of Energy Matters. All amended terms will be automatically effective 30 days after their initial posting to this site. If you do not agree to these changes please terminate your membership. We reject any additional or conflicting terms and conditions that a user may attempt to enforce in any way. These rules may not be amended except in writing signed by you and Energy Matters. Please contact Energy Matters, if you are not satisfied with these conditions of use.

The user guidelines regulate all transactions for all sales through the Energy Matters Web site.

2. Explanation of terms

Site - the current sites of  http://www.energymatters.com.au, which is the internet web site through which Energy Matters provides its Facilities.

Facilities – the services offered by Energy Matters to allow a person to buy goods.

User Guidelines – refers to the Terms and Conditions located bellow and those incorporated by reference.

3. Purchase

If you purchase an item, you are obliged to complete the transaction are bound by the sale conditions. Purchases cannot be withdrawn unless in our opinion and within our sole discretion, you have made a clear error.

4. Use of the Service

4.1

Your right to use the Service is personal to you.

4.2

You agree not to do any of the following:

• Upload, transmit, distribute or in any way exploit, any material obtained through the Service, including and not limited to our web pages for any commercial purpose whatsoever.

• Send unsolicited offer to purchase goods.

• Use the Service for broad-based mailing or spamming without the prior written permission of Energy Matters.

• Copying material from the site.

• To allow others to falsely identify your account as the origin of such communication.

• Interfere with or in any way the Service.

• Transmit any unlawful, libellous, threatening material of any kind through the site.

• Take any action that would impose a large load on our site.

• Copy, reproduce, alter, modify information from our Site (except information belonging to you) without the prior express written permission of Energy Matters.

5. Additional Policies

You agree to do as follows:

5.1

You are solely responsible for the contents of your transmissions through the Service. Your use of the Service is subject to all applicable laws and regulations and industry standards.

5.2

Energy Matters retains the right, at its sole discretion, to determine whether or not your conduct is consistent with the letter and spirit of these Terms & Conditions and may, at its sole discretion, immediately terminate your use of the Service if your conduct is found to be inconsistent with these Terms & Conditions.

5.3

Privacy Policy

We do not sell or rent your personal information to third parties for marketing purposes without your consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. Our current Privacy Policy is available by clicking here. If you object to your Information being transferred or used in this way please do not use our services.

6. Goods And Services Tax (GST)

GST will be levied on any purchases conducted on Energy Matters. The transaction statement of a Member in the My Account section of the Site contains the necessary information in the appropriate format to serve as a tax invoice.

In Australia, GST means GST as defined in the New Tax System (Goods and Services Tax) Act 1999, Commonwealth, Australia.

In New Zealand, GST means GST as defined in the Goods and Services Tax Act 1985, New Zealand.

7. Further Obligations And Acknowledgements

You acknowledge and agree that:

• Energy Matters cannot guarantee the preservation of any record and may delete information at its sole discretion and without notice.

• Energy Matters may in its sole discretion refuse service to anyone at any time.

• Energy Matter is not responsible for any loss or damages to goods during transit.

• All messages made available as part of this web site (including any bulletin boards and chat rooms) and any opinions, advice, statements or other information contained in any messages posted or transmitted by any third party are the responsibility of the author of that message and not of  Energy Matters.
  
  The fact that a particular message is posted on or transmitted using this web site does not mean that Energy Matters has endorsed that message in any way or verified the accuracy, completeness or usefulness of any message. We encourage visitors to the site to report any objectionable message. This site is not monitored 24/7. We advise parental supervision as deemed appropriate.

8. Release And Indemnification

You hereby forever release and discharge all claims that you now have or may have against Energy Matters, its shareholders, directors, agents and representatives connected with or arising out of and incidental to any transaction arising from services provided herein.

You hereby agree to indemnify, defend and hold Energy Matters, its related companies, shareholders, directors, agents and representatives harmless from and against any and all claims, loss, damage, tax including GST, liability and/or expense that may be incurred by Energy Matters, its related companies, shareholders, directors, agents and representatives arising out of or in connection with the performance of its duties as described in this User Agreement (except as caused by its gross negligence or wilful misconduct) including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold Energy Matters, its related companies, shareholders, directors, agents and representatives harmless from any claim or demand, including reasonable legal fees, made by any third party arising out of your use of the Service, the breach of these Terms & Conditions by you, or other user of the Service using your login.

The provisions of this section and the preceding paragraph will survive any termination of this agreement.

9. Laws

These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of Victoria. You and Energy Matters agree to submit to the exclusive jurisdiction of the courts of the State of Victoria.

If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

Energy Matters failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Energy Matters in writing.

You and Energy Matters agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and you and Energy Matters forever waive any such cause of action.

10. Additional Terms

Set out below are lists of various offences for which we may within our own absolute discretion remove your name from our register and disqualify you from using our service either temporarily or permanently. It is emphasised that this list is not intended to be an exhaustive list and may be varied from time to time at the absolute discretion of Energy Matters.

10.1

Registration information offences

• Representing yourself as another Energy Matters user or registering by using the identity of someone else.

• Falsifying or omitting your name, address, and/or telephone number (including the use of fax machines or disconnected numbers).

• Falsifying or omitting your email address. This is determined when an email address bounces repeatedly (usually an error message that the email address or mailbox is unknown or invalid).

10.2

Miscellaneous offences

• Using any routine or activity to interfere or attempt to interfere with any of Energy Matters operations.

• Use of profanity or patently vulgar language of a racist, hateful, sexual, or obscene nature in a public area.

11. Errors and omissions

We make every effort to ensure the accuracy of the information on our web sites at EnergyMatters.com.au and RenewableStore.com.au. When errors are discovered, we will correct them. Be advised that Energy Matters reserves the right to revoke any stated offer in relation to detail and pricing errors, inaccuracies or omissions.