Please ensure that you read these Terms carefully, especially the disclaimers and limitations of liability. Everest Energy may change these Terms at any time.
Please check these terms at regular intervals for any changes – your continued use of the Site following any change to these Terms will be deemed acceptance of those changes.
Website Terms and Conditions of Use
Everest Energy pty ltd (ABN 90 636 244 267) (Everest Energy) maintains this website (“www.everestenergy.com.au” and other related websites) (Site) for your information and convenience.
The terms and conditions set out in this document (Terms) apply to all users of this Site. By using this Site, you accept and agree to these Terms.
1.1 The information on this Site and these Terms has been prepared in accordance with Australian law, but may not satisfy the laws of other countries. If you are residing outside Australia, then clause 11.2 will apply.
1.3 You must not use this Site for any activities that breach any laws, infringe any party’s rights or breach any standards, content requirements or codes promulgated by any relevant authority. You must not distribute through the Site (or send to email addresses listed on this Site) any inappropriate communication in any form, including, racial vilification, obscene, harassing, pornographic, abusive, slanderous, defamatory, vulgar, threatening or offensive material.
1.4 You must not bypass any security mechanisms imposed by the Site.
1.5 By emailing materials to Everest Energy you grant Everest Energy a non-exclusive, royalty-free, perpetual licence to use, modify, reproduce, distribute or otherwise deal with those materials in any manner which Everest Energy deems appropriate. In addition, you agree to waive all “moral rights” in those materials.
1.6 You must not collect email addresses listed on this Site for any purposes connected with the production of marketing or email databases.
2.1 Any information provided on the Site in respect of any goods or services (Products) does not constitute an offer to sell but an invitation to treat only and is subject to the availability of the Products, which may change from time to time.
3.1 Everest Energy does not warrant that access to this Site will be uninterrupted, or that the services offered on the Site will be error-free. Subject to clause 10, we reserve the right to change or discontinue any feature on this Site, hours of availability and equipment or software required for access.
3.2 Everest Energy goes to reasonable lengths to ensure that the information on the site is complete and up to date, however, Everest Energy makes no representation as to the accuracy, currency or completeness of any information or services at the Site. Subject to clause 10 and to the extent permitted by law, all information and services are provided on an “as is” basis, and you are responsible for assessing their accuracy and you rely on them entirely at their own risk. Before relying on any information contained on the Site you should verify the accuracy of the information and its relevance to your particular circumstances. This may mean seeking independent advice.
3.3 All information on the Site is subject to change without notice. Everest Energy does not warrant that this Site or any other websites referred to in the Site (External Sites) will be free from viruses or defects.
3.4 To the fullest extent permitted by the applicable law and subject to clause 10, Everest Energy excludes all terms, conditions and representations, express or implied in relation to the use of the Site.
4.1 To the extent permitted by law, Everest Energy excludes all liability for any loss or damage, including any consequential loss or indirect loss, loss of data or loss of profits, arising in relation to the use of the Site (including the inability to use the Site), whether or not Everest Energy caused the negligence, and whether or not the possibility of loss was known to Everest Energy
4.2 Subject to clause 10 and any liability that cannot be excluded by law, Everest Energy and its directors and employees are not liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to any information on this Site, to any material on External Sites, or to access or use of the Site by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.
5.1 If use or access to any part of the Site that is subject to a login system (Restricted Site), you must keep safe and secure all identification information (including username and password) (ID) used to access the Restricted Site. You are entirely responsible for any access to the Restricted Site, and acknowledge that any access to or use of Restricted Site by means of an ID assigned to you or your users is deemed to be access or use by you (other than any unauthorised use by Everest Energy’s own staff).
5.2 You hereby indemnify Everest Energy from and against any liability, damage or expense that TLJ Solar incurs or suffers as a result of any action, inaction or omission on your part, or from any use or misuse of the Restricted Site by using your ID, or the misuse of the Site by you.
6.1 Unless otherwise indicated, Everest Energy owns or has licence to all intellectual property (including without limitation copyright, trademark and designs) subsisting in the materials on the Site. Everest Energy authorises you to reproduce and download the materials exclusively for non-commercial personal use in the intended manner. Otherwise, to the extent allowed by law, no part of this Site may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without the prior written permission from Everest Energy.
6.2 All names, logos and trademarks on this Site are the property of their respective owners. Nothing on the Site should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
7. Links to External Sites
7.1 Where the Site contains any hyperlinks to any External Sites, Everest Energy is not responsible for the accuracy, legality or decency of material or copyright compliance of any such External Sites. All hyperlinks are provided for convenience and information purposes only, and Everest Energy does not approve, sponsor or endorse any of the External Sites.
8.1 These Terms are to be governed by and construed in accordance with the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.
9.1 Everest Energy reserves the right, without notice and in its sole discretion, to discontinue, suspend or terminate any service offered by or through this Site as well this Site at any time. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnities and limitations of liability.
10. Existing Contractual Arrangements Not Affected
10.1 This Site may provide services and information to you as a customer of Everest Energy pursuant to existing and separate contractual arrangements between you and Everest Energy (Existing Contracts). Nothing in these Terms affect the rights and obligations of you and Everest Energy under the Existing Contracts.
However, Everest Energy is not required to provide or maintain any service or information on the Site to the extent that Everest Energy is not required to provide or maintain such services and information under the Existing Contracts.
11.1 If any provision of these Terms is found to be void, unlawful or unenforceable for any reason, then that portion of the provision which creates the invalidity, unlawfulness or unenforceability will be severable from these Terms and will not otherwise affect the validity and enforceability of any remaining provisions.
11.2 The information on this Site and these Terms has been prepared in accordance with Australian law, but may not satisfy the laws of other countries. If you reside in, or access this Site from, a country other than Australia (User Country), you acknowledge that:
(1) if the information and these Terms satisfy the laws of the User Country, then you are entitled to use and access the Site;