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Website Policy

This website is operated by Active Utilities Pty Ltd ABN 43 818 767 917. When we use the words “we”, “our” or “us”, we’re referring to Active Utilities.

  • Your use of this website is subject to these terms of use;
  • our Privacy Statement, which you can read here;
  • and any other terms, conditions, notices or disclaimers displayed on the website.

Together these are called the “applicable terms”.

By using this website you’re deemed to have accepted the applicable terms and agree to be bound by them.

Changes to the applicable terms.

We may change the applicable terms from time to time by publishing an updated version, or a notice of an updated version, on this website. If you use this website after we’ve posted updated terms, you’ll be deemed to have accepted those terms.

Your use of this website

Registration may be required to access

You may need to register with us, in order to access some parts of this website. When you register, it’s a good idea to keep your registration details confidential because you’ll be responsible for any access to the website using your registration details, even if the access is by another person.

Unsolicited communications

You must not use this website to obtain any data or information if it’s for the purpose of sending unsolicited emails, or other unsolicited communications, to any other person.

No automated access

You must not use any robot or spider or any other automated process to access or copy any part of this website or any of its contents.

No interference with this website

You must not transmit any virus or other information or material to or via this website, or otherwise use the site in a way that:

  • tampers with, hinders the operation of, or makes unauthorised modifications to this website;
  • prevents any other user from using or enjoying this website;

You also must not permit or enable another person to do any of those things.

No unlawful, infringing or offensive posts, comments or other activity

You must not post or transmit any information or material to or via this website, or otherwise use this website for any activity that:

  • defames, harasses, threatens, menaces or offends any person;
  • contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings; or
  • otherwise breaches any laws or regulations, infringes a third party’s rights or privacy or is contrary to any relevant standards or codes.

You also must not permit or enable another person to do any of those things.

No obligation to resolve disputes

We don’t have an obligation to resolve disputes between you and other users of this website.

We may suspend or terminate your access

We may restrict or suspend your use of this website or ban you from the site altogether, if we believe you’ve contravened the applicable terms in any way.

When we exercise these rights, our decision is final, and we won’t be obliged to provide you with reasons, or correspond with you further about our decision.

Your posts and comments

Posts and comments

It’s up to you to make sure that your posts and comments do not infringe anyone’s rights (including the intellectual property rights of any third parties) and that you’ve obtained all necessary consents or licences to any third party material that you include in your posts.

You mustn’t post or provide links to any prohibited, unlawful or inappropriate material, such as posts that are defamatory, threatening or offensive.

Our rights in your content

You grant us a non-exclusive, royalty-free, perpetual and irrevocable licence (including the right to sub-license) to use, reproduce, adapt, modify and communicate to the public your posts and comments and any other information you make available on this website.

If we suspend or ban you, or if you stop using this website, the licence that you grant us under these terms of use continues in accordance with these terms of use. We may choose to amend or remove your username from any posts or comments, or remove your posts or comments altogether, at our discretion.

We may contact you for comments

We may contact you to provide comments about your posts or comments.

Linking

Links to third party sites

From time to time we may post content on this website which may contain links to third party websites. We don’t approve or endorse those third party websites and if you incur any loss due to these websites, we won’t have any liability to you.

Linking to this website

You may create a link to the front page of this website if you like, but you mustn’t

  • create links to specific pages (known as “deep linking”);
  • display any page of this website within a frame or in a distorted or altered form;
  • create any link to this website on any site unless that site conforms to accepted standards of public decency and good taste, doesn’t expose us to any risk of liability under any criminal or civil law (including liability arising from the infringement of a third party’s rights) and doesn’t disparage us or our goods or services; or
  • create or use any link in any way that represents or implies falsely, deceptively or confusingly that we sponsor, endorse or are affiliated with or related to any third party (including you) or product, or that you are providing, or are the source of any goods or services that we provide.

We may withdraw linking permission by giving you notice or by updating these terms of use.

Intellectual Property

Your content

If you submit, post, transmit or otherwise make any material available via this website (“your content”):

  • you grant to us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public your content for the reasonable purposes of our business;
  • You grant us the right to sub-license those rights to others;
  • you consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in your content; and
  • you warrant that you have the right to grant the above licence, that our exercise of the licence rights above won’t infringe the intellectual property rights of any person, and that your content isn’t defamatory and doesn’t breach any law.
  • While we may monitor or review your content, we’re not obliged to do so. We may also remove, alter or take down any of your content at any time.

Our content

We own or license all copyright and other intellectual property rights relating to this website (including the software, design, text, graphics and the selection and layout of the site). The copyright is protected by the laws of Australia and other countries.

You’re authorised to view this website and its contents using your web browser or, when you’re specifically invited to do so, to share certain content on social media. But you mustn’t otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the site, including audio and video excerpts, unless it’s permitted by statute or you have our prior written consent.

Our trade marks

This website includes registered trademarks and trademarks which are the subject of pending applications or which are otherwise protected by law. These include the word Active Utilities, and the Active Utilities Logo.

You may not use any of these trademarks, the names ‘Active Utilities Pty Ltd’, or ‘Activenet’ or the name of any of our related companies unless you have our prior written consent.

Illegal downloading / file sharing

The Copyright Act 1968 (Cth) protects materials such as films, music, books and computer programs. You may be breaking the law if you download, copy, share or distribute this material, unless you’re allowed to do so by the Copyright Act or you have the copyright owner’s permission. Please don’t use our services to do any of these things, because if you do, we might have to cancel your service and the copyright owner could take legal action against you.

If you do any of these things on a repeat basis, we have implemented a policy for dealing with infringers that may, in appropriate circumstances, result in us terminating a repeat infringer’s email or other account.

Designated Copyright Representative

Division 2AA of Part V of the Copyright Act 1968 (Cth) and Part 3A of the Copyright Regulations 1969 (Cth) establish a scheme (“Safe Harbour Scheme”) that limits the remedies available against carriage service providers for infringements of copyright that relate to the carrying out of certain online activities by carriage service providers.

Our designated representative for receiving notifications and notices under the Safe Harbour Scheme, in relation to all of the activities that we undertake as a carriage service provider is:

Title

Designated Copyright Representative

Active Utilities Pty Ltd

Contact Details

Email address: copyright@activenet.com.au

Postal address: 40 English Street, Essendon Fields Victoria Australia 3041

Fax Number: 1300 587 624

Liability

Third party products promoted or advertised

We don’t endorse any third party products that may be advertised or promoted on this website and we’re not liable to you in any way in relation to those products.

This website is provided “as is”

Subject to non-excludable rights under consumer protection laws, we exclude all warranties, terms and conditions, express or implied, relating to this website and to your use of this website.

In particular, we don’t claim that the material on this website is accurate or error free, that it will be error free in the future, or that it will operate in an uninterrupted manner.

Limitation on Liability

Subject to non-excludable rights under consumer protection laws, we exclude all liability to you in relation to this website, your use of this website or the actions of any other person accessing or using this website.

We will accept that liability if it can’t be excluded under any legislation. If that liability can’t be excluded but can be limited under any legislation, we limit our liability to resupplying, repairing or replacing the relevant goods or services (or payment of the cost of resupply, repair or replacement) where it’s fair and reasonable to do so.

However, we’re not liable for any loss if it’s caused by you, or if it’s because you didn’t take reasonable steps to avoid or minimise your loss.

General

Headings in these terms of use

The headings in these terms of use do not form part of these terms of use or affect its interpretation.

Relationship between you and us

These terms of use do not create a partnership, joint venture, agency or employer-employee relationship between us and you.

Assignment

You may not assign or otherwise deal with these terms of use without our prior written consent. We may assign, novate or otherwise deal with these terms of use as we deem appropriate.

Inconsistent terms

If there is an inconsistency between these terms of use and any other terms displayed on individual pages of this website (“other terms”), the other terms will govern to the extent of the inconsistency.

Severability

If anything in these terms of use is unenforceable, illegal or void then it is severed and the rest of these terms of use remain in force.

No waiver for breaches

If we don’t act in relation to a breach of the applicable terms by you, we don’t waive any rights to act in relation to that breach or any later breach by you. If you don’t act in relation to a breach of the applicable terms by us, you don’t waive any rights to act in relation to that breach or any later breach us.

Governing law

These terms of use are governed by the law in force in the State of Victoria, Australia.

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