Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to e21 EnergyPlus and “You” and “Your” refers to you, the client, visitor, website user, or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and e21 EnergyPlus’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential precondition to you using our website that you agree and accept that e21 EnergyPlus is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer, or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
Our goods and services come with guarantees that cannot be excluded, modified or restricted under the Australian Consumer Law and are in addition to any manufacturer or supplier warranty.
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), e21 EnergyPlus’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
DELIVERY OF GOODS AND REFUNDS
Digital goods are delivered in a timely fashioned agreed upon by both parties. Please be aware there are inherent risks associated with using any software and digital goods. Should you have any technical problems using our site, please contact us so we may try to assist you.
e21 EnergyPlus handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.
Should you wish to return your order, please notify us within 7 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a timely refund. Refunds will be processed promptly and payment made by the same method that you made payment. All refunds are made at the sole discretion of e21 EnergyPlus.
LINKS TO OTHER WEBSITES
e21 EnergyPlus may from time to time provide on its website, links to other websites, and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between e21 EnergyPlus and the owners of those websites. e21 EnergyPlus takes no responsibility for any of the content found on the linked websites.
e21 EnergyPlus’s website may contain information or advertisements provided by third parties for which e21 EnergyPlus accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
Ensure you have read, understood and agree with our disclaimer, available HERE.
At e21 EnergyPlus, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles.
PASSWORDS AND SHARING
It is the responsibility of the user to keep their password secure. If you become aware that someone is using your username and password or has acquired your username and password, it is your responsibility to alert e21EnergyPlus to this security risk, and to change your password immediately.
If a user is no longer at your organisation, e21 EnergyPlus must be alerted to deactivate the account. Failure to do so could result in a security and data risk relating to the data stored by your organisation.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of e21 EnergyPlus. e21 EnergyPlus expressly excludes and does not permit you to use or access our website, to download any documents or information from its website, or obtain any such documents or information through a third party. .
If you breach this term then e21 EnergyPlus will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. e21 EnergyPlus reserves the right to exclude and deny any person access to our website, services or information in our sole discretion
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise distribute any of the materials, documents or products that may be available for download from time to time on this website.
e21 EnergyPlus expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for use within your organisation; and you may copy the content to individual third parties for their use within your organisation, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system without our express written permission.
These terms and conditions represent the whole agreement between you and e21 EnergyPlus concerning your use and access to e21 EnergyPlus’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
By engaging our services, you agree that e21 EnergyPlus Pty Ltd is reliant on the information supplied by the client and third parties in order to provide the services and cannot be held responsible for any results of our services provided based on such client or third-party information. You are liable and fully responsible for any decisions you make based on our services or recommendations and any consequences which may result.
Any and all information on our website is educational and for information purposes only, intended to assist you. It is not to be construed as business advice and should not substitute professional advice based on your own business or personal circumstances.
This agreement and this website are subject to the laws of NSW and Australia. If there is a dispute between you and e21 EnergyPlus that results in litigation then you must submit to the jurisdiction of the courts of NSW.