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Terms & Conditions

This document contains the terms and conditions governing your use of this Website.

1. Application Of These Terms And Conditions

1.1 You agree that your use of this Website will be governed by these terms and conditions (“Terms of Use”).
1.2 If Empauer Pty Ltd (which is referred to as “Empauer” in these Terms of Use) or its affiliates suffers or incurs any loss or damage in connection with any breach of these Terms of Use you agree to indemnify Empauer for those losses and damages.

2. Privacy And Access

2.1 Any Personal Information Empauer collects from this Website will be maintained in accordance with Empauer’s Privacy Policy.

2.2 You agree that Empauer may refuse you access to this Website at any time in its sole discretion.

3. Intellectual Property Rights

3.1 You acknowledge and agree that the copyright and other intellectual property rights in this Website and in all information and materials on this Website (“Website Content”) are owned by Empauer, its affiliates, suppliers or licensors unless expressly indicated. The Website Content is protected by Australian and international copyright and trademark laws.

3.2 You agree that you will not do any of the following without Empauer’s written permission:

(a) use Empauer’s trademarks, except for printing out a copy of this Website or as part of a reference to a Empauer product or service;
(b) reproduce, copy, modify, merge, adapt, translate, re publish, frame, upload to a third party, post, transmit, broadcast, communicate to the public or otherwise make the Website Content available to the public;
(c) transmit or display the Website Content on any computer, system or network which permits electronic access by more than one user at a time;
(d) use, sell, assign, rent, sub licence or otherwise deal with the Website Content except as permitted by these Terms of Use; or
(e) anything else which would infringe Empauer’s rights or the rights of Empauer’s content suppliers.

3.3 You may view this Website using a web “browser” so long as you don’t change the form of copyright and other proprietary notices. If you are interested in a piece of content for your personal, non commercial use, you may save a single copy, print one or download one.

4. Modification Of These Terms And This Website

4.1 You agree that Empauer may at any time, in its sole discretion, modify:

(a) the look and feel of this Website;
(b) the Website Content; or
(c) these Terms of Use, with such modifications to take effect from the time that they are posted to this Website.

5. Third Party Links

5.1 Empauer may provide hyperlinks to third party sites (“Linked Sites”). The inclusion of the hyperlink is for convenience only and does not imply any endorsement of the Linked Site by Empauer.

5.2 You acknowledge and agree that Linked Sites are not under the control of Empauer and that Empauer is not liable or responsible for:

(a) any act, omission or negligence of any person who administers or owns any Linked Site;
(b) the copyright compliance, legality or decency of any Linked Site;
(c) the accuracy or reliability of any information provided by any Linked Site;
(d) any goods or services provided by any person who administers or owns any Linked Site; or
(e) the performance of any obligations owing to by any person who administers or owns any Linked Site.

6. Website Usage

6.1 You agree that in using this Website, you will not:

(a) interfere with the usage of this Website by others;
(b) use this Website in an illegal manner;
(c) upload, post, email or otherwise transmit any document or information to this Website that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, sexually, ethnically or otherwise objectionable or vilifying;
(d) upload, post, email or otherwise transmit any document or information to this Website that infringes any Intellectual Property Rights of any person;
(e) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
(f) interfere with or disrupt this Website, the server hosting this Website, or servers or networks connected to the server hosting this Website.

6.2 Publication of any email address on this Website is not to be taken as consent to the receipt of commercial electronic messages within the meaning of the SPAM Act 2003.

7. Representations And Warranties

7.1 You acknowledge and agree that apart from where required by law, this Website and all Website Content are provided “as is” without warranties of any kind, express or implied.

7.2 You acknowledge that, apart from where stated to the contrary on this Website, Empauer has not made any representations or given any warranties:

(a) as to the functionality or content of this Website;
(b) as to the accuracy or completeness of any Website Content;
(c) that access to this Website will be uninterrupted or error free or that the Website or the server which stores and transmits the Website Content to you are free from viruses; or
(d) that any links contained on this Website will provide you with any useful information.

8. Disclaimer

8.1 Except as provided by law, neither Empauer nor the employees, officers and agents of Empauer or its affiliates will be under any liability to you, in contract, tort or otherwise, in respect of any loss or damage (including consequential loss or damage, loss of profits, economic loss or loss of information) which may be suffered or incurred or which may arise directly or indirectly in respect of:

(a) your use of this Website;
(b) the accuracy, completeness or usefulness of any Website Content or information contained in that Website Content;
(c) your use of any websites that this Website may link to; or
(d) any goods or services supplied pursuant to these Terms of Use; or
(e) in respect of the failure of Empauer to comply with its obligations under these Terms of Use.

9. Implied Terms

9.1 Where legislation implies in these Terms of Use any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application or exercise of or liability under such condition or warranty, the condition or warranty will be deemed to be included in these Terms of Use. However, the liability of Empauer for any breach of such condition or warranty or any other breach of these Terms of Use will be limited, at the option of Empauer, to one or more of the following:

(a) If the breach relates to goods:

(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and

(b) If the breach relates to services:

(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.

10. Governing Law

10.1 These Terms of Use shall be construed in accordance with and shall be governed by the laws in force in the State of Victoria.

10.2 You irrevocably submit to and accept the exclusive jurisdiction of any of the Courts of the State of Victoria or the Commonwealth of Australia and any courts of appeal from these courts.