Website Terms Of Use

 

  1. WELCOME TO OUR WEBSITE
    1. PowerGenius welcomes you to our website (“Website“). Subject to the next clause 1.2, by viewing and using this Website you acknowledge that you have read and accept these Website Terms of Use (“Website Terms“). In these Website Terms:
      1. “you” means you, the person visiting and using our Website, and
      2. “our”, “we”, “us” or “PowerGenius” means PowerGenius Limited, or any of our related companies.
    2. Please note that these Website Terms only apply to our Australia-based customers who are accessing the Website from, and ordering products and services to use in, Australia. However, our PowerGenius solutions are now available in other countries too – so if you are accessing this Website from outside of Australia, please follow the powergenius.net on our Website at: powergenius.net and this will redirect you to the relevant pages with the terms and conditions, privacy policy and website terms that you need for using our Website, and ordering products and services from us, in that other country.
  2. CONFLICT WITH OTHER TERMS AND CONDITIONS
    1. These Website Terms apply to your use of this Website in Australia. In addition, when ordering products or services for use in Australia through this Website you will be required to agree to certain additional terms and conditions, including the PowerGenius Standard Customer Terms and Privacy Policy (“Additional Terms“), both of which apply to Australia. If there is any inconsistency between those Additional Terms and these Website Terms, then the Additional Terms will prevail to the extent of that inconsistency. As above, if you are accessing our Website and/or ordering products and services from another country outside of Australia, you need to abide by the relevant terms and conditions and website user terms, and read the relevant privacy policy for that particular country.
  3. ONLINE ORDERS AND SITE CONTENT
    1. You must be 18 years or older to set up an account and/or place orders for products or services on this Website. If detailed in the Additional Terms, the services can be performed for you by our approved Suppliers (as defined in those Additional Terms), and if required under the relevant Additional Terms, you will need to pay those Suppliers separately, under the separate terms and conditions agreed between yourself and them. Any time you order a product (including software) or service from PowerGenius online, you are making an offer to us to purchase (or, in the case of the software, purchase a license of) that product or service. We can accept or decline that offer in our sole and absolute discretion. Even if we have processed payment for your order, that order will not be accepted by us until we have dispatched the product(s) for delivery to you, or us (or our relevant Supplier) begin supplying the services to you.
    2. While we will try our best to accurately show products on our site, some products, especially their colours and sizes, may appear differently on your screen than what they actually are and we don’t guarantee that the actual product will look exactly the same as what you can see on your screen. The products and services available for purchase on this Website, including their prices and features, may change at any time without notice. We may limit the number of products and services you can order on this Website at any one time, and your purchases may be subject to credit card limits.
    3. Delivery of product orders on this Website are either by courier (within Australia only, and need to be signed for) or they will be brought to your property by the person arranged to install them, all as set out in the PowerGenius Standard Customer Terms. You take responsibility for a delivered product at the time the delivery is signed for by you or on your behalf, or is left at the delivery address you have chosen, or brought to your property by the installer. We do not accept any liability for any loss, damage or expense caused by a delay in delivery. Please note that when ordering products in a country outside of Australia, the specific terms and conditions relevant to that country will apply (as detailed above).
    4. Certain products purchased on this Website may be returnable within Australia under the terms of our returns policy and/or the Additional Terms. The (Australia) Consumer Guarantees Act 1993 applies to products and services you purchase from this Website within Australia, unless the product or service you have purchased is for business purposes (i.e. you are not purchasing those products or services as a “household consumer”).
    5. The information provided in this Website is based on information supplied by PowerGenius (unless otherwise specified), and is intended only as an introduction and guide to PowerGenius and its range of available products and services. While we have used every effort to ensure that we have supplied current, accurate information, we cannot guarantee that it (including any updates or changes to it) is entirely free of errors and omissions. To the extent permitted by law, we do not accept any liability for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission, (whether negligent or otherwise), contained on this Website. Changes or updates to the content of this Website may occur without notice, and while we will use every effort to ensure all updates are current, accurate and correct, we also cannot guarantee that these will be entirely free of errors and omissions either.
  4. INTELLECTUAL PROPERTY IN THE WEBSITE AND CONTENT
    1. We own or have a license to use all copyright and all other intellectual property rights in this Website and the content on it. Everything on this Website is copyrighted unless noted otherwise. We welcome you using this Website for your non-commercial use and purposes only, but that is provided that you do not remove any copyright, trademark and other proprietary notices contained in the Website’s content. Please note that you are not allowed to copy, or display, (whether for redistribution to third parties or for commercial or business purposes) any portion of this Website or its content without first getting our express written permission in advance.
  5. LINKS TO OTHER WEBSITES
    1. At our discretion, we may include links to third-party websites on our Website (and this can include links to the websites of our Suppliers, used to provide services to you). Please note that these third-party sites have separate and independent terms and privacy policies that apply to them, and you will need to agree to, and comply with, those terms and policies for the country that you are in. Please also note that we have no responsibility or liability of any kind for the content and activities of these linked sites (whether in relation to its correctness or accuracy, or otherwise). However, we do always try to protect the integrity of our Website and so welcome any feedback about these other third-party sites, and how you feel that they impact on your use of our Website.
    2. We only provide these links to other third-party websites to you for your convenience, and the inclusion of any link does not necessarily imply endorsement, investigation or verification by us of the linked site, and the services or products provided by that third-party.
  6. YOUR USE OF THIS WEBSITE
    1. You must not use this Website or its contents:
      1. in breach of any legislation or for any unlawful or wrongful act; or
      2. to damage or disrupt this Website or any other PowerGenius website or any other third-party sites that are linked through our Website.
  7. INFORMATION ABOUT YOU AND YOUR USE OF THE WEBSITE
    1. If you visit and use our Website, then we may collect, store and analyze the following information about your visit:
      1. the IP address of your device connected to the Internet and the domain name from which you are accessing the Internet;
      2. the operating system and the browser your computer or device uses, and any search engine you are using;
      3. the date and time you are visiting the Website, your browsing behavior and the domain name of the page you visit after leaving our Website; and
      4. the content you review and the URLs of the pages and other third-party sites you visit.
    2. We use the information above to measure the number of visitors to different parts of our Website and for various purposes relating to the provision of products and services (e.g. to measure the potential customer base for our products and services, and the effectiveness of our advertising).
    3. Although we may publish aggregated information about usage patterns on our Website (for statistical and analytical purposes), this information will only be used or published by ourselves (which includes our related companies) and our suppliers, and we do not disclose information about individual devices or persons except for the reasons given below in this section. We do not sell or provide information which identifies you personally. We may gather more extensive information if we are (reasonably) concerned, for example, about security issues. If we think it is necessary and reasonable, we can disclose information to relevant law enforcement authorities, such as the Police or the Department of Internal Affairs.
    4. If you choose to provide us with personal information such as your email address (for example by filling out an electronic query), we will use the information to communicate with you in relation to the goods and services which we provide to you or which we consider might be of interest to you. This may include email marketing (unless you opt out of such email marketing).
    5. Our Privacy Policy in the Additional Terms will also apply to our use and storage of this personal information within Australia. Accordingly, you have the right to access to any personal information (that identifies you) we hold about you where it is stored in such a way that it can readily be retrieved. If the personal information we hold about you is not accurate or complete, then you may ask us to correct it. If you are accessing the Website and/or ordering products from us from a country outside Australia, please see the privacy policy that applies to that country.
  8. ADDITIONAL TERMS THAT APPLY TO POWERGENIUS CUSTOMERS
    1. If you are (or become) a PowerGenius customer, the PowerGenius Customer Terms will also apply to your use of PowerGenius Products, Software and Services, and the PowerGenius Privacy Policy will also apply to the information we may collect from you as a PowerGenius customer (including when you set up, and through your Account, and your use of the Products and Services). As earlier, these terms and privacy policies are specific to each particular country, and so if you are not in Australia, please follow the powergenius.net on our Website at: powergenius.net and this will redirect you to the relevant pages with the terms and conditions, privacy policy and website terms that you need for using our Website, and ordering products and services from us, in that other country.
  9. USE OF COOKIES AND WEB BEACONS ON OUR WEBSITE AND MOBILE DEVICE APPLICATION
    1. Our Website and our PowerGenius Application (“Application“) places a cookie on the hard drive of your computer or on the mobile device you are using to access the Website. A “cookie” is a file which allows us to track and target the interests of users, and serve advertisements based on your prior visits to our Website and the Application, and distinguish you from other users. We also use cookies to help us remember and process the products and services that you purchase, analyze, understand and save your preferences for future visits and compile aggregate data about the Website’s or the Application’s traffic and site interaction so that we can offer better site experiences and tools in the future. At your discretion, PowerGenius may also store and access cookies on your machine to allow you to bypass the process of re-entering your username each time you access the Website or the Application.
    2. The information we collect and share with third parties through cookies is aggregated and therefore anonymous (i.e. it does not include personal information which may identify you). The information may be used to send advertisements to you in relation to products and services when you visit our Website and/or third party websites or the Application.
    3. You can delete cookies from your website or the Application browser at any time and also permit third parties to place or modify cookies on your computer or mobile device on our behalf. The third parties can use these “tracking cookies” (also commonly known as “third party cookies”) to determine if you have visited certain pages on our Website or other sites, and may use tracking cookies to present targeted advertisements to you as you visit other sites. These tracking cookies do not contain personal information (though they do identify the computer or mobile device you use to visit the Website or the Application) and you can configure your browser to reject tracking cookies.
    4. While we recommend that users enable cookies on their browsers in order to enjoy all the features of this Website or the Application, it is entirely up to you as the user whether or not you enable them and if so, which ones you enable. (Please note that the management of cookies will be different depending on each user’s PC or mobile device – refer to your browser help menu for further information). You may block cookies if you wish, by activating settings on your Website browser or Application/mobile device to refuse cookies. However if you block or refuse all cookies, you may not be able to access all parts or features of the Website or the Application or they may operate more slowly and/or require you to re-enter data or information previously entered. Third party vendors (including Google), show our ads on sites on the Internet and use cookies to send advertisements based on your prior visits to this Website. You may opt out of Google’s use of cookies by visiting the Google advertising opt-out page. Alternatively you can opt out of cookies by visiting the Network Advertising Initiative opt-out page.
    5. Both us, our Suppliers and third-party advertisers may use web beacons in connection with our Website (and their websites or the Application). Some of our Website pages contain web beacons in the form of clear .gif files, which are electronic images that allow for the collection of non-personally identifiable information about your interactions on our Website. Web beacons may be used to place advertisements, to understand Website traffic patterns and the number of visitors to our Website, and to measure the effectiveness of advertisements or email messages.
  10. CHANGES TO THESE WEBSITE TERMS
    1. We may change these Website Terms at any time by changing or removing existing terms or adding new ones. Changes may take the form of completely new terms. We will tell you about any changes by posting updated terms on our Website or notifying you through the Application. Any change we make applies from the date we post it on the Website or send you the notification via the Application.
  11. JURISDICTION AND GOVERNING LAW
    1. This Website, the Application, these Website Terms and the Additional Terms are governed by, and are to be interpreted in accordance with, the laws of Australia. If you are not in Australia, then please use the relevant terms and conditions, website terms and privacy policy that applies to your use of our Website and the Application within that jurisdiction.