Sigma Energy Solutions

WEBSITE TERMS OF USE

WARNING: PERMISSION TO ACCESS AND USE THE WEB SITE WWW.SIGENERGY.COM ('WEB SITE') IS CONDITIONAL UPON YOU AGREEING TO THE TERMS SET OUT BELOW ('TERMS OF USE'). 

1. TERMINOLOGY

1.1

In these Terms of Use, the expressions 'we', 'us' and 'our' are a reference to Sigma Energy Solutions Pty Ltd.

1.2 In these Terms of Use, except to the extent the context otherwise requires:

Deep Hyperlink' means any Hyperlink that provides a link to a web page or internet location that is part of this Web Site, other than a Hyperlink to the home page of this Web Site or the home page of a subsidiary web site;

'Embedded Hyperlink' means any method or mechanism of Hyperlinking, where it appears that:

(a) the Hyperlinked material is part of the web site containing the Hyperlink; or

(b) the Hyperlinked material is not part of the web site where it is originally located;

'Hyperlink' means any mechanism of providing a link from one location to another location on the internet (or a web page);

'Keying' means any process or method by which a web page containing our Material will be returned in a search engine's results when a search is conducted for a competitor's brand or identity, or vice-versa;

'Law' means the Corporations Act 2001 (Cth);

'Link' means the same as Hyperlink;

'Material' means all information accessible via this Web Site;

'Person' includes individuals, firms, partnerships, bodies corporate, associations and governments and governmental, semi governmental and local authorities and agencies;

'Related Body Corporate' has the meaning given to that term by section 50 of the Law;

'writing' includes typewriting, printing, lithography, photography and any other mode of representing or reproducing words in a permanent and visible form. 

2. AMENDMENTS TO TERMS OF USE

We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Web Site. Your continued use of this Web Site following such notification will represent your agreement to be bound by these Terms of Use as amended.

3. HYPERLINKING POLICY

3.1

Subject to your observance of these Terms of Use, we grant you a revocable, non-transferrable and non-exclusive right to provide Hyperlinks from your web site to our Material.

3.2 

In consideration of being granted this Hyperlinking right, you undertake:

a) not to copy, reproduce, translate, adapt, vary or modify any of our Material without our express consent, except as expressly authorised by these Terms of Use;

(b) bring into disrepute us, our products, our services, or our officers or employees;

(c) to use only active Hyperlinks to our Material and to not use Deep or Embedded Hyperlinks;

(d) not to use Keying in connection with our Material;

(e) to only use our Material in the form in which it is provided;

(f) not to alter, amend, redraw, distort, animate or tamper with any of our Material or associated icons in any way;

(g) to retain any copyright or trade mark symbols that appear in our Material;

(h) to supervise and control the use of our Material in accordance with these Terms of Use;

(i) to ensure your employees, subcontractors and other agents who have authorised access to our Material are made aware of these Terms of Use;

(j) not to use our Material in a manner that gives the impression or represents that any person, organisation or event, is in any way related to, sponsored by, or affiliated with us; and

(k) to comply, within a reasonable time, with any demand or request by us in relation to your use of our Material. 

4. DISCLAIMER

4.1 1

We do not accept responsibility for any loss however caused (including through negligence) which you may directly or indirectly suffer in connection with your use of this Web Site or any Linked web site, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information accessed at or through this Web Site.

4.2

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

(a) if the breach relates to goods

 (i) the replacement of the goods or the supply of equivalent goods;

(ii) the repair of such goods;

(iii) the payment of the cost of replacement of the goods or of acquiring equivalent goods; or

(iv) the payment of the cost of having the goods repaired; and

(b) if the breach relates to services:

 (i) the supplying of the services again; or

(ii) the payment of the cost of having the services supplied again.  

5.

5.1 SPECIFIC WARNINGS

You must ensure that your access to this Web Site is not illegal or prohibited by laws which apply to you.

5.2

You must not provide Links to our Web Site from any site that contains any material that:

(a) will subject us to an action for defamation, breach of copyright, infringement of any other intellectual property rights, or any law whatsoever; or

(b) is not in conformity with accepted standards of public decency and good taste. 

5.3 

You must take your own precautions to ensure that the process which you employ for accessing this Web Site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this Web Site or any Linked web site. 

5.4

Whilst we have no reason to believe that any information contained on this Web Site is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this Web Site updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this Web Site.

5.5

You must indemnify us and our Related Bodies Corporate and our directors and employees against any claim by a third person arising out of:

(a) your breach of these Terms of Use;

(b) your use of your Links to our Material; or

(c) your use of our Material.

5.6 Responsibility for the content of advertisements appearing on this Web Site (including Hyperlinks to advertisers' own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

6. COPYRIGHT

Copyright in this Web Site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location and except as expressly authorised by these Terms of Use, you may not in any form or by any means:

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this Web Site; or

(b) commercialise any information, products or services obtained from any part of this Web Site, 

without our written permission.

7.

7.1 TRADE MARKS

Except where otherwise specified, any word or device to which is attached the TM or ® symbol is an unregistered or registered trade mark, respectively.

7.2

If you use any of our trade marks, or third person trade marks used by us under licence, with reference to our, or the relevant third person's, activities, products or services, you must include a statement attributing that trade mark to us, or the relevant third person. You must not use any of our trade marks, or third person trade marks:

(a) in or as the whole or part of your own trade marks;

(b) in connection with activities, products or services which are not ours or the relevant third person's;

(c) in a manner which may be confusing, misleading or deceptive;

(d) in a manner that disparages us, or any third person; or our, or any third person's, information, products or services (including this Web Site).

8. RESTRICTED USE

Unless we agree otherwise in writing, you are provided with access to this Web Site only for your personal use. You are authorised to print a copy of any information contained in this Web Site for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this Web Site.

9.

9.1 LINKED WEB SITES

This Web Site may contain Links to other web sites. Those Links are provided for convenience only and may not remain current or be maintained.

9.2 We are not responsible for the content or privacy practices associated with Linked web sites.

9.3 

Our links with Linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked web sites, or of any information, graphics, materials, products or services referred to or contained in those Linked web sites, unless and to the extent stipulated to the contrary. 

10. SECURITY OF INFORMATION

Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

11. TERMINATION OF ACCESS

Access to this Web Site may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

12. GOVERNING LAW

These Terms of Use are governed by the laws in force in Queensland, Australia.

13.

13.1 NO WAIVER

The failure of a party at any time to require full or partial performance of any provision of these Terms of Use does not affect in any way the full right of that party to require that performance subsequently.

13.2

The waiver by any party of a breach of a provision of these Terms of Use is not deemed a waiver of all or part of that provision or of any other provision or of the right of that party to avail itself of its rights subsequently.

13.3 

Any waiver of a breach of these Terms of Use must be in writing signed by the party granting the waiver, and is effective only to the extent specifically set out in that waiver.

14.SEVERABILITY

14.1

Where any provision of these Terms of Use is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in these Terms of Use and the parties must attempt to replace that severed part with a legally acceptable alternative clause that meets the parties' objectives.

15. INTERPRETATION

In these Terms of Use, except to the extent the context otherwise requires:

(a) the singular includes the plural and vice versa and a gender includes other genders;

(b) a reference to a party is to be construed as a reference to a party to these Terms of Use;

(c) a reference to a party to these Terms of Use includes its successors and permitted assigns;

(d) a reference to a clause is a reference to a clause of these Terms of Use;

(e) where a word or phrase is given a particular meaning, other parts of speech or grammatical forms of that word or phrase have corresponding meanings;

(f) a reference to a document or agreement including these Terms of Use includes a reference to that document or agreement as amended, novated, supplemented, varied or replaced from time to time;

(g) in the interpretation of these Terms of Use, headings are to be disregarded.