Terms and Conditions
1. About the Website
1.3 – Empire Carbon & Energy reserves the right to review and change any of the Terms by updating this page at its sole discretion. The Terms applicable to your use of the Website will be those published on the date of such use, so we recommend you check back regularly.
2. Copyright and Intellectual Property
2.1 – The Website is subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Empire Carbon & Energy or its contributors.
2.2 – All trade marks, service marks and trade names are owned, registered and/or licensed by Empire Carbon & Energy.
2.3 – Empire Carbon & Energy does not grant you any other rights whatsoever in relation to the Website. All other rights are expressly reserved by Empire Carbon & Energy.
2.4 –Empire Carbon & Energy retains all rights, title and interest in and to the Website. Nothing you do on or in relation to the Website will transfer to you any: 1 business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; 2 a right to use or exploit a business name, trading name, domain name, trademark or industrial design; or 3 a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process).
2.5 – You may not, without the prior written permission of Empire Carbon & Energy and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Website for any purpose, unless otherwise provided by these Terms.
2.6 – In some circumstances, the Website may permit you to access information relating to our clients, if requested and approved by that client. We make reasonable efforts to ensure the accuracy of this information in accordance with our protocols, practices and procedures applicable from time to time. You expressly acknowledge and agree that any such information is provided as-is and without any guarantee or warranty as to its accuracy or completeness. Any reliance which you place on such information is entirely at your own risk and you release us from all liability associated with your reliance or use of such information.
3.2 – You warrant that you have obtained the consent of any third party whose personal information you provide to Empire Carbon & Energy.
4. General Disclaimer
4. 1 –Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
4.2 – Subject to this clause, and to the extent permitted by law:
- All information provided on the Website is general in nature and does not constitute professional advice, and Empire Carbon & Energy provides separate services for this purpose if required;
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- Empire Carbon & Energy will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Website or these Terms (including as a result of not being able to use the Website), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
4.3 – Use of the Website is at your own risk. Everything on the Website is provided to you “as is” and “as available” without warranty or condition of any kind. None of the directors, officers, employees, agents, contributors and licensors of Empire Carbon & Energy make any express or implied representation or warranty about the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website (including third party material and advertisements on the Website); and
- costs incurred as a result of you using the Website.
5. Limitation of liability
5.1 – You expressly understand and agree that Empire Carbon & Energy, its affiliates, employees, agents, contributors and licensors shall not be liable to you in connection with your use of the Website for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
6. Termination of Contract
6.1 – We may terminate, and take steps to prevent, your access to the Website if you breach any of these Terms.
7. Dispute Resolution
7.1 –Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
7.2 – Notice: A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
7.3 – Resolution: On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
- Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Sydney, Australia.
7.4 – Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
7.5 – Termination of Mediation: If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
8. Venue and Jurisdiction
In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
9. Governing Law
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
10. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.