Terms of Use


About this Disclaimer

You have accessed a website that is part of the CalEnergy Resources Group Web suite. In using this website, you should be aware of the matters set out below.

In this policy ‘CalEnergy Resources Group’, ‘we’, ‘us’ and ‘our’ refer to the group of operating companies headed by CalEnergy Resources Limited. Other terms used are set out in the ‘Definitions’ section below

This Disclaimer is not a contract and is not intended to exclude, restrict or modify Your Consumer Rights, where applicable.

We may update this Disclaimer from time to time. Please see this site for the latest version.

Privacy Policy

Our Privacy Policy is also available on this site and sets out further details regarding our handling of personal information.

Warranty Disclaimer

The Material on this website has been prepared to provide general information only, and is provided ‘as is’. We may at any time revise, improve or update the Material on this website.

  • To the extent permitted by law (including Your Consumer Rights where applicable), we disclaim all representations, guarantees or warranties, express or implied, including in relation to:

  • the operation of this website operating free from defect or without interruptions, or free of viruses and other harmful components

  • the accuracy, completeness, reliability or suitability, for any purpose, of any Material provided on this website

  • the merchantability, fitness for a particular purpose and non-infringement of Material on this website

  • the quality, accuracy, or fitness for purpose of any linked websites.

It is the responsibility of the user to evaluate any and all Material and information through this or any linked site.

Limitation of Liability

To the extent permitted by law (including Your Consumer Rights where applicable), we are not liable for any direct, indirect, punitive, incidental, special or consequential damages, whether based on contract, tort, strict liability or otherwise, that may result from the use of this website or the Material and the user assumes all responsibility for any risks associated with use of this website, the Material and related services.

Where any law implies a warranty into this Disclaimer which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will, at our option, be limited to the supply of the services again or the payment of the cost of having them supplied again.

Availability

The website is subject to interruption, breakdown, viruses, delays, interception, interference and other errors involving communications networks, computer systems, servers, providers, computer equipment and software. We recommend that you obtain and maintain up-to-date virus, security and intrusion prevention and scanning software for each device you use to access the website.

We reserve the right, without notice and in our sole and absolute discretion, to discontinue, suspend or terminate any service offered by or through this website as well as this website at any time.

Unlawful and Prohibited Use

Engaging or attempting to engage in the following conduct is prohibited and you should not do so either yourself or through a third party:

  • providing any false, misleading or deceptive information;

  • using the website in a way that violates, or that may violate, any law or regulation;

  • using the website in a way that may cause us to be in violation of any law or regulation;

  • using the website in a way that reflects unfavourably on us or any third party;

  • collecting information about other users of the website for any purpose other than as expressly authorised by us;

  • taking any action that imposes an unreasonable burden on the website’s infrastructure or interferes with the proper working of the website;

  • distributing a computer virus or any similar program or code that may disrupt or disable the website;

  • reproducing, adapting, uploading to a third party, decompiling, reverse engineering, performing in public, distributing or transmitting the Material in any form by any process, except to view the Material on your browser or as permitted by applicable law (e.g. the Copyright Act 1968 (Cth));

  • using any trade marks on this website without the trade mark owner’s permission;

  • using any robot, spider, screen scraper, data aggregation tool or other automatic device or process to process, monitor, copy or extract any Material on the website without our prior written permission;

  • reverse engineering, reverse assembling, decompiling, or otherwise attempting to discover source code or other arithmetical formula or processes in respect of the software underlying the infrastructure and processes associated with the website; or

  • uploading, emailing or transmitting Material, or engage in conduct, which is illegal, harmful, threatening, abusive, offensive, deceptive, fraudulent or in breach of any person’s rights, including transmitting Material which contains viruses, worms, Trojan horses.

We may report potentially unlawful conduct to police and other relevant authorities.

We do not encourage you to send confidential information or protected Material to us through the Website. Any such Material will be treated as, non-confidential, non-proprietary and unprotected information unless we otherwise agree.

Linked Sites

This website may contain links to other Internet sites. These links are provided for convenience and informational purposes only, and we assume no liability for information provided on or accessed through any other site.

We do not endorse or recommend specific companies or manufacturers. Links to other websites are not intended to state or imply that we have sponsored, approved or adopted any materials contained in the linked sites, or that it is legally authorised to use any trade name, trademark, logo or copyrighted information reflected in the linked sites.

Definitions

“Material” means the material, information, graphics, software and functionality on the Website.

“Your Consumer Rights” means any rights which you may have under any law and which cannot be excluded, restricted or modified. Where applicable, Your Consumer Rights under the Australian Consumer Law include the right for services to be fit for their specified purpose and to be provided with care and skill. You can find out more about Your Consumer Rights from consumer organisations and bodies such as the Australian Competition and Consumer Commission and State/Territory fair trading authorities.

Last updated: December 2018