This website (site) is owned and operated by Blue Tongue Energy Pty Ltd (ABN 95 605 791 599), referred to as “BT Energy“, “we“, “us“, “our” and other similar forms.
Under this Licence and subject to the absolute right of BT Energy to vary access to all or any part of the Website, you acquire a non-exclusive right to:
- view the material on the Website;
- access material contained on the Website; and
- use the Website strictly in accordance with the provisions of this Licence.
BT Energy is either the owner or the licensed user of the copyright in the materials and information on this Website including any logo, design, floorplans, text, graphic and their arrangement (Content). Unless we indicate otherwise you must not copy, distribute, republish, download, display, post or transmit the Content in any form or by any means (including electronically or mechanically) without the prior written consent of BT Energy or the copyright owner (as relevant). You may access and use the Content and this Website for your own personal use only. Unless we clearly agree otherwise, you must not do anything to change or add to the Content.
You acknowledge and agree that if you contribute content to the Website, that content will become the property of BT Energy and you assign all rights, title and interests in and to that content (including all intellectual property rights) to BT Energy.
We will treat any comments or materials you send to us through the Website, including feedback data, questions, comments and suggestions (Feedback) as non-confidential. BT Energy has no obligation of any kind with respect to such Feedback and will be free to reproduce, exhibit, use, disclose, display, transform and distribute the Feedback to others without limitation. BT Energy will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose, including developing, manufacturing and marketing products and services incorporating such Feedback.
BT Energy reserves the right to remove any Content from this Website at any time, for any reason including after receiving claims by or allegations from third parties or authorities relating to such Content.
Your conduct when using this Website
You acknowledge and agree that your use of the Website indicates your acceptance of this Licence and that you are responsible for all of your activity in connection with accessing the Website.
In accessing the Website, you must not:
- take any steps to obtain unauthorised access to this Website or any parts of it that are not open to public access;
- disrupt or interfere with (or try to disrupt or interfere with):
- the Website;
- any other user’s enjoyment of this Website or Third Party Websites; or
- any services, system resources, accounts, servers or network connected to or accessible through this Website or Third Party Website;
- engage or make attempts to engage in any kind of illegal, criminal or tortious activity through the (direct or indirect) use of the Website or Third Party Websites;
- use, copy or translate for commercial use, reproduce, adapt, vary or modify any material in any form in this Website without the express consent of BT Energy except as expressly authorised by this Licence;
- use any robot, spider or any other automatic device or manual process to monitor, copy or extract any web pages or any Content on this Website, without the prior written consent of BT Energy;
- take any (or make attempts to take any) action that imposes an unreasonable or large load on the infrastructure of the Website;
- reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Website;
- post or transmit to or through this Website any material that may infringe the intellectual property rights of any third party or any defamatory, derogatory or offensive material or publication; or
- use or attempt to use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity.
In accessing this Website, you acknowledge and agree that:
- you must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. BT Energy reserves the right (in its absolute discretion) to report potentially criminal activity to appropriate law enforcement agencies. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website. You must not post or transmit (or cause to be posted or transmitted) any communication or solicitation designed or intended to obtain personal data from any Website user; and
- you have exercised your independent judgment and have not relied on any representation made by BT Energy which has not been stated expressly in this Licence or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by BT Energy (which material may be out of date or superseded).
Links to other websites
The Website may contain links to other websites operated by third parties (“Third Party Websites“).
BT Energy does not endorse, or approve of the operators of Third Party Websites or the information, graphics and material on those Third Party Websites (Third Party Material).
Subject to any applicable law which cannot be excluded, BT Energy makes no warranties or representations:
- regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Websites; or
- that Third Party Material does not infringe the intellectual property rights of any person.
BT Energy does not authorise the reproduction of Third Party Material by linking material on this Website to Third Party Material.
All offers to sell and statements relating to goods and services available on Third Party Websites are the responsibility of, and are made by, the Third Party Website operator. To the extent that such offers and statements are made on the Website, those offers and statements are made by BT Energy on behalf of the operator. BT Energy expressly disclaims acting in any other respect on behalf of Third Party Website operators.
BT Energy may receive payments from operators of Third Party Websites in relation to goods or services supplied by the operator as a result of you linking to the Third Party Website from this Website.
You must not create a link to this Website from another website or document without our prior written consent.
You must indemnify and keep BT Energy (and its related, directors, officers, employees, agents and contractors) (indemnified parties) indemnified fully from any claim, action, demand, loss or damages made or incurred by any third party or suffered by any of the indemnified parties arising out of or relating to your conduct, your use of this Website, your breach of provisions this Licence, or your breach of any rights of third parties.
Trademarks appearing on this Website may be the trademarks of the relevant owners.
You must not use any trademarks that appear on this Website without the written consent of the trademark owner.
While BT Energy has tried to ensure that all information provided on this Website is complete, accurate or up to date, the Content and this Website are provided ‘as is’ and ‘as available’ and BT Energy takes no responsibility for any error or omission relating to this information. The existence of inaccurate, incomplete or superseded material in this Website will not cause BT Energy to be in breach of the terms of the Licence.
To the maximum extent permitted by law, BT Energy
- will not be liable for any cost, loss or damage suffered by you through your use of the Website or BT Energy’s failure to provide access to the Website or any Third Party Websites or any information updates; and
- the Content may contain general information about BT Energy’s products and services. Unless expressly stated otherwise, the Content does not:
- constitute an offer or inducement to enter into a legally binding contract;
- form part of the terms and conditions for BT Energy’s products and services; or
- purport to provide you with financial or investment advice of any kind.
- constitute an offer or inducement to enter into a legally binding contract;
- form part of the terms and conditions for BT Energy’s products and services;
- purport to provide financial or investment advice of any kind; or
- take account of your particular financial position or requirements.
Images and diagrams on this Website are intended to be a visual aid only and do not necessarily accurately depict the object described.
BT Energy does not warrant or make any representations:
- that this Website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing this Website;
- in relation to the use or the results of the use of the Content or this Website as to their correctness, accuracy, reliability, or otherwise;
- that use of this Website will be compatible with the hardware and software you are using to access it; or
- that the functions contained in this Website or Third Party Websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in this Website and other Third Party Websites are free of harmful components.
BT Energy will not be liable for any indirect or consequential losses arising out of a breach of this Licence or arising out of the supply of a defective program or incorrect materials.
- the replacement of goods or services to which the breach relates or the supply of equivalent goods or services;
- The repair of such goods or services.
- The payment of the cost of replacing the goods or services or of acquiring equivalent goods or services.
- The payment of the cost of having the goods repaired or the services performed again.
Nothing in this Licence is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 (Cth) or any other legislation which may not be excluded, restricted or modified by agreement.
BT Energy reserves the right to make any change, add or remove any material in or from this Website without notice. BT Energy may also make improvements or changes in the products or programs described in the Content at any time without notice. For example, changes in circumstances after the date of publication may impact upon the accuracy of the Content.
Termination and suspension
BT Energy reserves the right, without notice and in its sole and absolute discretion, to discontinue, suspend or terminate this Website and any goods or services offered by or through this Website. All provisions of this Licence which by their nature should survive termination will survive termination, including ownership provisions, disclaimers and indemnities.
Failure or neglect by BT Energy to enforce at any time any of the provisions of this Licence will not be construed or deemed to be a waiver of the rights of BT Energy under this Licence.
No waiver by BT Energy of its rights under this Licence will be deemed a waiver of any other term or provision and will be limited to a single waiver limited to the specific circumstances under which such waiver was granted.
When we say $ or dollars anywhere on the Website we are referring to Australian currency and all prices include GST (unless stated otherwise).
If any parts of this Licence are deemed unlawful void or for any reason unenforceable then that provision will be severed from this Licence and it will not affect the validity and enforceability of the remaining provisions.
This Licence is governed by and construed in accordance with the laws of Western Australia, Australia. You irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of Western Australia, Australia.