These Terms of Use (“Terms”) govern your use of our website located at www.powertech.com.au (“Site”) and form a binding contractual agreement between you, the user of the Site and us, Powertech Pty Ltd.
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. You may contact us on +61 8 9244 4477.
By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. 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 Agreement.
1.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
1.3 You must not add any content to the Site or submit any content via the Site:
(a)unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) 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;
(d) that would bring us, or the Site, into disrepute; or
(e) that infringes the intellectual property or other rights of any person.
1.4 We may, from time to time, display links to other websites. We do not endorse, sponsor or approve any such content available on any linked website.
1.5 You acknowledge and agree that:
(a) we may alter, amend or cease the operation of the Site at any time in our sole discretion; and
(b) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
2. Intellectual Property Rights
2.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
2.2 By adding any content onto the Site or submitting content via the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content.
2.3 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.
2.4 The licence in clause 2.3 will survive any termination of these Terms.
2.5 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.
3. Warranties
3.1 You represent and warrant to us that:
(a) you have the legal capacity to enter these Terms; and
(b) you have complied with clause 1.3.
4. Liability
4.1 To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
4.2 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
4.3 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 goods:
(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 services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
5. Termination
5.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.
5.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
6. General
6.1 You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
6.2 If a provision of these Terms is 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.
6.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
6.4 This Agreement is governed by the laws of Western Australia.
7. Privacy
7.1 We collect personal information from you during your use of the Site if you input any personal information into the Site i.e., if you use our contact form for example. In addition, we may also collect cookies from your computer, which enables us to tell when you use the website and helps us customise your website experience.
7.2 The purpose for which we collect personal information is to provide you with the best service experience possible on the Site. Some provision of personal information is optional.
7.3 National Privacy Principle 6 of the Australian Privacy Act 1998 (Cth) allows you to gain access to, and correct, the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the telephone number listed in the introduction to these terms above.
7.4 We have processes in place to ensure the security of your personal information, including encryption of all data when it is transferred to our service providers and limitations on access to personal information within our organisation. Furthermore, our website is hosted within Australia and we do not transfer data overseas.