Terms of Service for Localvolts Pty Limited

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

Localvolts.com is a website operated by Localvolts Pty Ltd ACN 609 840 379 (we, us and our). By using this website, you confirm that you accept these terms of use, and you agree to comply with them. If you do not agree to these terms, you must not use this website.

1. Access

1.1 This website is made available free of charge for testing purposes only. This website is a simulation and does not involve any real-life transactions or the buying or selling of energy. No real goods or services are exchanged or promised to be exchanged through this website. All simulated purchases through this website, or other transactions for the sale of goods or services formed through this website, or as a result of visits made by you, are for testing purposes only.

1.2 You must set up an account with us (Account) in order to fully utilise this website. You warrant that the information provided by you in setting up an Account is true, accurate, current and complete, and you agree to maintain and promptly update any changes to your Account information.

1.3 We reserve the right, at our sole discretion, to refuse registration of users, or cancel Accounts for any reason.

1.4 You are solely responsible for maintaining the confidentiality and security on your Account.

2. Content

2.1 You acknowledge and agree that:

  1. all intellectual property rights in this website (including our branding and logos) (our IP) belong to us, or our third party suppliers and you agree not to challenge or do anything inconsistent with such ownership;
  2. you may not reproduce any of the content on this website or our IP without our prior consent in writing; and
  3. you do not have any rights to our IP except granted under these terms of use.

2.2 You warrant that you own, or are authorised to use, the intellectual property rights in any data you submit to this website and you indemnify us for any loss or damage we incur arising from such data. You grant us an irrevocable, royalty-free licence to use your intellectual property rights in relation to this website.

2.3 You must not:

  1. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through this website or any software, documentation, or data related to this website (Software);
  2. remove any proprietary notices or labels from this website or any Software;
  3. reproduce or copy the Software or this website or any part thereof;
  4. modify, translate, or create derivative works based on this website or any Software; or
  5. copy, distribute, pledge, assign, or otherwise transfer or encumber rights to this website or any Software.

This website may contain materials produced or provided by third parties, or you may access links to third party websites through this website. By accessing such content, you acknowledge and agree that use of such third party websites or content may be subject to terms and conditions of the third party, and you agree to comply with those terms.

3. Disclaimer and warranties

We do not warrant that your use of this website or any Software will be uninterrupted, error free, secure or free of infection by computer viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You acknowledge that you assume all risk of use of all programs and files associated with this website, and you will not hold us liable for any loss, damage or liability arising from such use.

You understand and agree that your use of our website is provided “as is” and “as available.” The content on this website is provided for general information only. It is not intended to amount to advice on which you should rely.

This website may be accessed throughout Australia and overseas. If you access this website from outside Australia, you do so at your own risk and are responsible for complying with all local laws.

We update and carry out maintenance on our website regularly, so we may have to suspend access, service or functionality on our website from time to time, without notice. We will not be liable if, for any reason, this website is not available at any time or for any period of time.

You warrant that you will:

  1. comply with all applicable laws when using this website;
  2. not violate or attempt to violate the security of this website;
  3. not use this website to send or make available any unsolicited or unauthorised advertising, solicitations or promotional materials;
  4. not impersonate any person or entity or otherwise misrepresent yourself or enter into any fraudulent activities; and
  5. not hack into this website, our computer systems or the computer systems of other users of this website. Hacking includes unauthorised access, malicious damage and/or interference.

4. Liability and indemnity

4.1 We are not liable for:

  1. any content on this website that is incorrect, inaccurate or incomplete. If you rely on any such content, you do so at your sole risk and you are responsible for any independent verification of the content;
  2. any terms or conditions implied by statute or law, unless we are not permitted at law to exclude such terms or conditions; and
  3. any negligence by us, our employees or contractors in connection with your use of this website.

4.2 To the extent permitted by law you agree that we will not be liable to you for loss or damages of any kind arising out of or in connection with your use, or inability to use, this website, or any content on this website, whether caused by tort (including negligence), breach of contract, statute or otherwise.

4.3 You indemnify us for and against all liability incurred by us and any third parties from, or in connection with, your Account, your use of this website, your use of third party websites linked through this website, any content you submit to this website and your breach of these terms of use.

5. Privacy and Confidentiality

5.1 We may use information you provide to us and any technical information about your use of this website to tailor the experience or, facilitate the use of this website for you, or to communicate with you, in accordance with our Privacy Policy.

5.2 You consent to us sending you emails informing you of our website and other services we may offer. You can choose not to receive marketing information from us by contacting us.

5.3 Your use of this website may involve disclosure of your personal information to other users of this website. If you object to this disclosure, please do not disclose your personal information on this website.

5.4 All information relating to this website that could reasonably be considered by its nature to be confidential will be treated by you as confidential unless we give our permission for you to use the information, or the information is in the public domain otherwise than by a breach of these terms of use.

6. Feedback

6.1 We welcome and encourage you to provide feedback, comments and suggestions for improvements to the website or our applications. You may submit feedback by emailing us, or through the “Report a problem” section of this website. You acknowledge and agree that all feedback you give us will be our sole and exclusive property.

7 General

7.1 We reserve the right to change any and all of these terms of use, and/or add new terms and conditions at any time. When we do so, we will make a new copy of these terms of use available on this website. Your continued use of this website will be deemed to constitute your acceptance of such changes.

7.2 If any part of these terms of use are void, unenforceable or illegal, they will be severed and the remainder of these terms of use will continue to have full force and effect.

7.3 The relationship between us and you is that of principal and independent contractor. Nothing in these terms of use will be taken as giving rise to a relationship of employment, agency or partnership.

7.4 These terms of use contain the entire understanding between the parties concerning the subject matter of these terms of use and supersedes all prior communications. These terms of use are governed by and constructed under the laws of New South Wales. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales.