Website Terms and Conditions

Website Terms and Conditions

Please read these terms and conditions carefully before using this site.

1. WHO WE ARE AND HOW TO CONTACT US
clearenergy.com.au is a website (Site) operated by Clear Energy Pty Ltd (ACN 129 057 030) of Level 2 32 Central Park, 152 St Georges Terrace, PERTH WA 6000 (we, us and our).
To contact us, please email customercare@clearenergy.com.au or telephone us on 1300 726 819.

2. BY USING OUR SITE YOU ACCEPT THESE TERMS
By using our Site, you confirm that you accept these terms of use which include our Privacy Policy (available at [insert link]) and that you agree to comply with them. If you do not agree to these terms, you must not use our Site.
You represent and warrant that you possess the legal right, capacity and ability to agree to these terms and conditions and use the Site in accordance with these terms and conditions.
If you are using the Site on behalf of a corporation or other organisation, you represent and warrant that you have the ability to agree to these term and conditions on behalf of such organisation and all references to “you” throughout these terms and conditions will include such organisation, jointly and severally with you personally.

3. WE MAY MAKE CHANGES TO THESE TERMS
We amend these terms from time to time. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.

4. WE MAY MAKE CHANGES TO OUR SITE
We may update and change our Site from time to time to reflect changes to our products, our users’ needs, changes in law and our business priorities.

5. WE MAY SUSPEND OR WITHDRAW OUR SITE
Our Site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

6. ELIGIBILITY TO USE OUR SITE
We do not represent that content available on or through our Site is appropriate for use or available in other locations. If you access our Site from outside Australia, you do at your risk and you are responsible for compliance with laws applicable to your accessing the Site from your location.

7. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at customercare@clearenergy.com.au.

8. PRIVACY
We are committed to maintaining your privacy. Your personal information is collected, held, used and disclosed in accordance with our Privacy Policy which is located here [insert link].

9. HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
If we provide social media features such as the ability to share content, you may take such actions as are enabled by such features.
You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Site.
10. DO NOT RELY ON INFORMATION ON THIS SITE
This Site is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up-to-date.

11. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites.

12. LIMITATION OF LIABILITY
In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any content on our Site or such other websites or any services or items obtained through our Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.
You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these terms or your use of the Site, including, but not limited to, your use of any information obtained from the Site and any use of the Site’s content, services and products other than as expressly authorised in these terms.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in a separate contract formed between you and us.

13. WE ARE NOT RESPONSIBLE FOR VIRUSES
We do not guarantee that our Site will be secure or free from bugs or viruses or any other type of malicious code or software.
You are responsible for configuring your technology to access our Site. It is your responsibility to ensure that you use appropriate virus scanning software.
We will not be liable for any loss or damage caused (whether negligently or otherwise) by any bug, virus or any other type of malicious code or software transmitted through our Site.

14. RULES ABOUT LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. The website in which you are linking must comply in all respects with the content standards set out in paragraph 11.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
Our Site must not be framed or mirrored on any other Site, nor may you create a link to any part of our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of content on our Site other than that set out above, please contact customercare@clearenergy.com.au.

15. COOKIES
Our Site uses cookies, tracking pixels and related technologies. Cookies are small data files that are served by our platform and stored on your device. Our Site uses cookies dropped by us or third parties for a variety of purposes including to operate and personalise the website. Also, cookies may also be used to track how you use the site to target ads to you on other websites.
You can disable the use of the cookies by changing your web browser settings.

16. AUSTRALIAN LAW APPLIES TO DISPUTES
These terms of use, their subject matter and their formation, are governed by the laws of Western Australia, Australia. You and we both agree that the courts in Western Australia will have exclusive jurisdiction.

17. PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these terms. You agree not to use the Site:
(a) in any way that violates any applicable federal, state, local or international law or regulation;
(b) to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity;
(c) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
(d) in any manner that could disable, overburden, damage, or impair the Site or interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
(e) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
(f) otherwise attempt to interfere with the proper working of the Site.

18. OTHER TERMS AND CONDITIONS
Additional terms and conditions may also apply to specific portions, services or features of the Site. All such additional terms and conditions are incorporated by this reference into these terms.

Last updated January 2021.