Terms & Conditions
between
88 ENERGY LTD (ACN: 072 964 179) and;
The user of this website (“You/Your”)
Your use of this website is subject to these legally binding terms and conditions.
Please read them carefully before proceeding with entering the website. If you do not accept these terms and conditions, You must exit this website immediately.
In these Conditions of Use “We”, “Our” or “Us” means 88 ENERGY LTD (ACN: 072 964 179) and includes its directors, employees and agents; and “You” or “Your” means the person who accepts these Conditions of Use, by using this website. Acceptance by You of these Conditions of Use binds You and/or all of Your employees, officers and agents to comply with these Conditions of Use. Without implying any licence to do so, if you pass on any information contained in the website to any other person, you should pass on these Conditions of Use also and draw it to their attention.
Website Terms and Conditions
- The Website is for the purpose of enabling user’s access information pertaining to 88 ENERGY LTD, its services and features. The Website is owned and operated by 88 ENERGY LTD. This Agreement supersedes all prior agreements and may be revised by 88 ENERGY LTD from time to time.
- This Agreement must be read in conjunction with the Privacy Policy.
- You agree that You will use the Website in accordance with these terms and conditions and that You will not use the Website for any unlawful purpose.
- You will not violate or attempt to violate the security of the Website. You will not hack into the Website, 88 ENERGY LTD’s computer systems or the computer systems of other users of the Website. Hacking means unauthorised access, malicious damage and/or interference and includes, without limitation, mail bombing, propagating viruses, worms or other types of malicious programs, deliberate attempts to overload a computer system, broadcast attacks or any other method designed to damage or interfere with the operation of a computer system or website.
Future changes
From time to time, this Agreement will be reviewed and may be revised. 88 ENERGY LTD reserves the right to change this Agreement at any time. Any such changes will be posted on the Website.
Your continued use of the Website will constitute your acceptance of the variation of the Agreement.
Frequent Review Recommended
As the website develops and as technology evolves, we will continue to strive to provide you with a more effective website. It is recommended and encouraged that you review the Terms and Conditions and Privacy Statement periodically as they may change from time to time.
Website availability
- From time to time down-time, either scheduled or unscheduled, may occur. 88 ENERGY LTD will work within reason to ensure this amount of down-time is limited.
- 88 ENERGY LTD will not be held liable for the consequences of any down-time.
Intellectual Property
Reproduction of part or all of the contents in any form of the Website is prohibited other than for individual use only and may not be recopied and shared with a third party. The permission to recopy by an individual does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.
- The materials displayed on this website, including without limitation all information, text, graphics, names, logos, trademarks, design, software and advertisements (“Content”) are protected by copyright, trade mark and other intellectual property laws unless expressly indicated otherwise on the website. You may access and display these pages on a computer or a monitor, and print out for Your personal or internal business use any page or part of any page of this website. All other use, copying or reproduction (including reproduction on any other website) of any part of this website is prohibited unless expressly stated otherwise. You must not use this website in any manner or for any purpose which is unlawful or which violates the rights of any owner of any content. Unless expressly stated otherwise, nothing contained in this website should be construed as a licence or right of use of any trademark displayed on the website without the express written permission of the owner of the trademark.
- Unless otherwise noted, all materials on this site are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned 88 ENERGY LTD or by other parties that have licensed their material to 88 ENERGY LTD.
- 88 ENERGY LTD’s trademarks on this site represent some of the trademarks currently owned or controlled in Australia. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all worldwide proprietary ownership rights held by 88 ENERGY LTD.
- All rights not expressly granted are reserved.
Limitation of Liability
- o the maximum extent permitted by law 88 ENERGY LTD does not give any warranty in relation to the content, accuracy, or any other aspect of:
- any material on the Website; or
- the performance of the Website.
- To the maximum extent permitted by law, 88 ENERGY LTD excludes all liability for loss or damage suffered by You, (including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, loss of profits or revenue, business interruption, loss of data or failure to realise anticipated savings or benefits or business opportunities) that You may suffer as a result of the use or reliance on any information on the Website;
- accessing or using the Website; or
- any interruption, suspension or termination of the Website for whatever reason.
88 ENERGY LTD’s exclusion of liability applies whether the claim is in contract, tort (including without limitation, negligence) or equity and even if 88 ENERGY LTD has been notified of the possibility of such loss or damage.
You agree that 88 ENERGY LTD’s liability to You at law will be reduced by the extent, if any, to which You contributed to the loss.
Exclusions and Limitations of Liability
All statutory or implied terms, conditions or warranties concerning the quality or condition of this website or any information, service, material, advice or recommendation supplied by Us to You through this website is limited to the fullest extent permitted by law.
If We breach any term, condition or warranty which is implied by law and which cannot lawfully be excluded, Our liability for a breach of the applicable term, condition or warranty (other than a warranty implied by section 69 of the Trade Practices Act 1974 (Cth) or corresponding state legislation) is limited to, at Our election:
- the resupply of the relevant goods, advice, service, recommendation or information; or
- the payment to You of the cost of having the relevant goods, advice, service, recommendation or information supplied again.
Except to the extent that liability may not lawfully be excluded, We will not be under any liability to You (or any of Your officers, agents or employees) for any loss of profit or anticipated profit, loss of data, loss of use, damage to goodwill and loss due to delay, or other direct or indirect loss or damage (including without limitation consequential loss or damage,) however caused (including without limitation due to breach of contract, negligence and/or breach of statute) which may be suffered or incurred or which may arise from or in connection with Your use of this website or Your use of or reliance upon any of the information, services and/or materials contained in it or provided by it to You or Our negligence or Our breach of Our obligations under these Conditions of Use. We do not warrant that any of the functions contained in the website or your access to the website will be uninterrupted or error-free, or that any notifications (such as may be selected in the investor relations section of the website), will be made in a timely manner, or at all.
The information contained in this website is derived from sources believed to be true and accurate. However, the content may include errors and changes or events may occur which cause the information to be inaccurate or out of date. For various reasons substantial delays may occur before particular information on the website is updated. Accordingly, We do not warrant the reliability, accuracy, currency or completeness of that information and any reliance by You upon that information is at Your sole risk. You should satisfy yourself as to the currency and accuracy of any information provided through this website.
You must indemnify Us and hold Us harmless against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by You of these Conditions of Use, Your access and/or use of the website or reliance on its contents or information received through it by Yourself or any person accessing any content through Your website.
Not Investment Advice
Links to Other Sites
88 ENERGY LTD may from time to time publish links to other websites on this website. Contents, hyperlinks or information held on other sites is not the responsibility of 88 ENERGY LTD. These links are provided for Your convenience only and by accessing these linked sites You agree to any terms of access or use imposed by those linked sites. We do not endorse any material on those websites and do not provide any warranty, or assume any responsibility, regarding the quality, accuracy, source, merchantability, fitness for purpose or any other aspect of the material on those websites, nor do we warrant that material on other websites does not infringe intellectual property rights of any other person.
Viruses
We do not represent or warrant that this website and any other information or material contained in, downloaded or accessible from this website, is free from computer viruses (including macro viruses) or any other defect or error which may affect Your software or systems. You should protect Your software and systems by installing and implementing Your own security and system checks.
Force Majeure
88 ENERGY LTD will not be liable by reason of the failure in the performance of obligations under these terms and conditions by reason of strikes, riots, fire, explosions, acts of God, war, governmental action, or any other cause which is beyond 88 ENERGY LTD’s reasonable control.
Termination
88 ENERGY LTD reserves the right to cease providing services at any time.
88 ENERGY LTD shall not be liable to You for any cost, expense, or damages whatsoever for terminating this Agreement.
Governing law
The website under the domain name 88energy.com is created and controlled by 88 ENERGY LTD in the State of Western Australia, Australia. The laws of Western Australia govern these Conditions of Use, and You and We submit to the exclusive jurisdiction of the Courts of Western Australia and the Federal Court of Australia.
We reserve the right to revise the content of, amend links from or withdraw access to this website at any time without notice. You must terminate your link to this website if we request you to do so, either directly or by notice on this website.
Definitions
“Agreement” means the terms and conditions that apply to the use of the Website which may be amended from time to time.
“Website” means internet website with the URL’s of 88energy.com.