1. WEB SITE – TERMS OF USE
1.1 SGSP (Australia) Assets Pty Ltd (ABN 60 126 327 624) and its wholly owned subsidiaries (together Jemena) welcome you to our community engagement portal at Jemena's Your Network Your Say (the Site).1.2 This Site is hosted for Jemena by its service provider Social Pinpoint Pty Ltd (ABN 148 958 927).2. ACCEPTANCE OF TERMS
2.1 We only provide the Site subject to the following terms of use (TOU).
2.2 Before you access the Site, it is important that you understand and agree to the TOU.
2.3 We will be changing the TOU from time to time without notice to you. Yu must regularly review the latest version of the TOU, as it will be the terms upon which you access the Site at all times. The most recent version of the TOU can be seen in the Terms and Conditions Page. You should bookmark the page so that you may conveniently review the TOU when you use the Site.
2.4 In addition, when using particular services accessible from the Site, you and we will be subject to the most up to date version of any terms of use, guidelines or rules that are posted as applying to those services and are hereby incorporated by reference into the TOU.
2.5 Please contact us at GasNetworks2050@jemena.com.au or level 11, 91 Walker St, North Sydney, NSW, postcode and phone number if you see anything that violates the TOU.
3. INFORMATION AT THE SITE
3.1 The Site presents information provided by users of the site. We make no representations as to the accuracy of the information presented at or via the Site that has not expressly originated with us.
3.2 By using the Site you agree that Jemena and any of its subsidiaries, related bodies corporate, service providers or any of their employees or agents are not responsible for:
a) the accuracy or otherwise of the information displayed or omitted from the Site or sites linked to the Site (Linked Sites);
b) any person’s reliance on the information presented on the Site or on Linked Sites;
c) any loss in connection with the use of the Site or any Linked Site.
4. REGISTRATION INFORMATION
4.1 You agree to:
a) submit only true, accurate, current and complete information about yourself as prompted by the Site’s registration procedure (the Registration Data) and
b) maintain and regularly update the Registration Data to keep it true, accurate, current and complete.
4.2 As part of the Registration Data, you must provide us with your name and email address. If you provide any information that is untrue, inaccurate, not current or incomplete, or we suspect that you have provided such information, we may suspend or terminate your account and refuse any and all current or future use of the Site, or part of it.
5. PRIVACY POLICY
5.1 Registration Data and certain other personal information about you is subject to our Privacy Policy. For more information, please see http:jemena.com.au/about/privacy (Privacy Policy).
6. USER ACCOUNT, PASSWORD AND SECURITY
6.1 After you complete the user registration process at the Site, you will receive a user password and account name to access the Site. You agree that:
a) you are responsible for maintaining the confidentiality of your password and account;
b) you are fully responsible for all activities that occur under your password or account;
c) you must immediately notify Jemena of any unauthorised use of your password or account or any other breach of security;
d) you must create no more than one user account at the Site;
e) we, or our agents, may require access to your user account to respond to service or technical issues;
f) subject to legislative conditions, we or any providers of Linked Sites or other services offered from the Site may send emails, newsletters and other information to your user account.
7. USER ACCOUNT
7.1 You understand and agree that:
a) all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials, whether confidential or otherwise (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom the Content originated;
b) you are prohibited from advertising or offering to sell or buy any goods or services, except as expressly permitted in these TOU.
c) You do not have a right to:
i. post Content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party;
ii. transmit Content that is or includes unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, surveys, contests or any other form of solicitation;
iii. transmit Content that contains software viruses, trojan horses, worms, time bombs, cancelbots or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
iv. transmit Content that harms minors in any way;
v. impersonate any person or entity, including without limitation Jemena representative or another user of the Site, or falsely state or otherwise misrepresent your affiliation with a person or entity;
vi. create a false identity for the purpose of misleading others as to your identity or the originator of a message;
vii. attempt to gain unauthorised access to the Site, other user accounts, computer systems or networks, through password mining or any other means;
viii. intentionally or unintentionally violate any applicable law including without limitation laws of Australia and any regulations having the force of law;
ix. “stalk” or otherwise harass another user;
x. interfere with another user’s use and enjoyment of the Site;
xi. collect or store personal data about other users of the Site; or
xii. make any commercial use of the Site.
7.2 You also acknowledge and agree that:
a) we do not generally pre-screen or monitor Content or use of the Site, but that we and our designated agents have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available via the Site.
b) you must evaluate, and bear all risks associated with the user of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
c) We may preserve all Content and use and reproduce any Content (including any personal information):
i. to perform services to you and engage with you in relation to our products and services (including, but not limited to disclosure to our contractors and consultants);
ii. for business related research and analysis purposes or regulatory submissions (including, but not limited to disclosure to our contractors and consultants);
iii. to comply with an obligation or enforce the TOU;
iv. respond to claims that any Content violates the right or third parties; or
v. protect the rights, property, personal safety, or business interests of Jemena, users of the Site or the public;
vi. as otherwise permitted by law.
d) the technical processing and transmission of the Site, including your Content, may involve transmissions over various networks, and changes to conform and adapt to technical requirements of connecting networks or devices.
7.3 You consent to the user of your personal information in accordance with these TOU and the Privacy Policy.
7.4 You agree to comply by the moderation rules.
8. INDEMNITY AND RELEASE
8.1 In many situations, we allow users the freedom to use the Site and therefore have no control over the Content of the Site. You agree to indemnify and hold Jemena, and its subsidiaries, affiliates, officers, agents, service providers and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of:
a) Content you submit, post to or otherwise transmit through the Site,
b) your use of or connection to the Site,
c) your violation of the TOU, or
d) your violation of any other’s rights.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
9.1 You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Site.
9.2 You acknowledge that Jemena:
a) Is entitled to log off any account that is inactive for an extended period of time;
b) Is entitled to change these general practices and limits at any time,
c) May in its absolute discretions, with or without notice to you delete, modify or otherwise deal with any Content stored at the Site and any of your user profile information or account at the Site.
10. MODIFICATIONS AND DISCONTINUANCE
We reserve the right at any time and from time to time to modify or discontinue access to the Site (or any part), with or without notice, temporarily or permanently without liability to you or to any third party.
11. USER ACCOUNT TERMINATION
11.1 You agree that Jemena may, it its sole discretion and with or without notice to you, terminate your password, account or use of the Site (or any part), and remove and discard any Content within the Site for any reason including without limitation, where a breach of copyright has been reported.
11.2 You agree that Jemena may in its sole discretion and at any time discontinue providing the Site, or any part, to you with or without notice, and without liability to you or any third parties.
11.3 You agree that termination of your access to the Site under any provision of these TOU may occur without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and or bar any further access to such files or the Site.
11.4 If your account or access to the Site is terminated for any reason, you must immediately cease using the Site and Software. Termination does not affect any of our accrued rights or liabilities.
12. DEALING WITH THIRD PARTIES
12.1 Your communications or dealing with, or participation in promotions of, third parties found at or via the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with dealings, are solely between you and the relevant third parties
12.2 You agree that Jemena is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealing or as the result of the presence of such third parties on the Site.
13. PROPRIETARY RIGHTS
13.1 You acknowledge and agree that:
a) The Site and any necessary software used in connection with the Site, including but not limited to the software known as The Hive, (the Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws; and
b) The content contained in sponsor advertisements or information presented to you via the Site or via third parties is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
13.2 Except as expressly authorised by Jemena or third parties, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software in whole or in part.
13.3 You agree not to access the Site by any means other than through the website and interfaces that are provided for use in accessing the Site.
14. DISCLAIMER OF WARRANTIES
14.1 You expressly understand and agree that:
a) Your use of the Site is at your sole risk;
b) The Site is provided on an “as is” and “as available” basis.
14.2 We expressly disclaim all warranties of any kind capable of exclusion whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose and non-infringement.
14.3 We make no warranty that:
a) the Site will meet your requirements;
b) the Site will be uninterrupted, timely, secure, or error-free;
c) the results that may be obtained from the use of the Site will be accurate or reliable;
d) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations; and
e) any errors in the Software will be corrected.
14.4 Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
14.5 No advice or information, whether oral or written, obtained by you from us or through or from the Site shall create any warranty not expressly stated in the TOU.
16. EXCLUSIONS AND LIMITATIONS
- Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. So some of the limitation in the TOU may not apply to you.
17. NOTICE
17.1 notices must be in writing
and may be given by hand, ordinary prepaid post, facsimile or email. A notice
by us to you is taken to be duly given and received –
a) if delivered by hand, when
delivered;
b) if delivered by prepaid
ordinary pose, on the second business day after posting; and
c) if delivered by facsimile,
upon completion of transmission and receipt by the sender of the appropriate
transmission report; and
d) if delivered by email, one
business day after sending.
17.2 We may also provide notices
of changes to the TOU or other matters by displaying notices or links to
notices to you generally on the Site.
18. TRADE MARK INFORMATION
18.1 The Jemena trade mark, and
other Jemena logos and product and service names are trade marks of Jemena (the
Jemena Trade Marks).
18.2 The Hive trade mark, and
other Social Pinpoint logos and product and service names are trade
marks of Social Pinpoint Pty Ltd or its related bodies corporate (the Social Pinpoint
Digital Planning Marks).
18.3 You agree not to display or
use the Jemena Trade Marks or Social Pinpoint Marks in any manner
without our prior permission.
19. COPYRIGHT
19.1 We respect the intellectual
property of others, and we ask our users to do the same. If you believe that
your work has been copied in a way that constitutes copyright infringement,
please let us know.
19.2 When using the Site you may
provide us with information about yourself or other matters. You acknowledge
that any information or material submitted by you in a discussion forum or
otherwise made publicly available on the Site is and will be treated by us as
non-confidential and non-proprietary and we may use such material without
restriction (including any personal information). Further, when you submit
material in a discussion forum, you assign all copyright which subsists in such
material to us.
19.3 As used in this clause 19, “information”
includes but is not limited to data, text, photographs, drawings, sound
recordings, feedback, and any other information or data displayed or presented
by you on the Site.
20. CONSENT TO RECEIVE EMAIL
UPDATES
20.1 From time to time Your
Network Jemena will send you emails providing you with information about
consultations in which you have participated or consultations and websites in
which you might be interested based on your past site activities.
20.2 You consent to receive these
emails though this does not affect your ability to opt out of receiving emails
by activating the ‘opt out’ options included in each email.
21. GENERAL INFORMATION
21.1 The TOU constitute the
entire agreement between you and us, and governs your us of the Site,
superseding any prior agreements between you and us.
21.2 You will be subject to
additional terms and conditions that may apply when you use the Linked Site,
affiliate services, third party content or third party software.
21.3 The TOU and the relationship
between you and us is governed by the laws of the State of New South Wales
without regard to its conflict of law provisions. You and we agree to submit to
the personal and exclusive jurisdiction of the courts located with the State of
New South Wales.
21.4 Our failure to exercise or
enforce any right or provision of the TOU must not be treated as a waiver of
the right or provision.
21.5 If any provision of the TOU
is found by a court of competent jurisdiction to be invalid, then the provision
is deemed deleted but the court should try to give affect to the parties’
intentions as reflected in the provision, and the other provisions of the TOU
remain in full force and affect.
21.6 You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out of
or related to use of the Site or the TOY must be filed within one year after
the claim or cause or action arose, or be forever barred.
21.7 Your rights and obligations
under the TOU are personal and may not be assigned or dealt with in any way
without our permission, and which may be withheld in our absolute discretion.
21.8 Headings in the TOU are for
convenience only and do not affect interpretation.
21.9 Jemena reserves the right to
change these terms and conditions from time to time without prior notification
of users.
21.10 We, Us, Our means Jemena.
