Terms of Use

This Website Terms of Use Statement applies to websites owned and operated by or on behalf of the Energy Networks Association Limited ABN 75 106 732 406 (”Energy Networks Association”) under the domain name www.ena.asn.au (”ENA Website”) and the domain name www.saiglobal.com/shop/ena (”ENA Industry Guidelines Website”).  Your access to and use of the ENA website and/or the ENA Industry Guidelines website is provided by Energy Networks Association subject to these terms of use.  By using ENA website and/or ENA Industry Guidelines website you agree to be legally bound by these website terms of use, which shall take effect immediately on your first use.

Energy Networks Association may change these Website Terms of Use at any time by posting changes in this online document.  Your continued use of the ENA website or the ENA Industry Guidelines website means you agree to be legally bound by these website terms of use as amended.

There may also be specific additional conditions applicable to individual areas of the ENA website or the ENA Industry Guidelines website.  Please review those specific additional conditions whenever they appear.  By accessing areas to which specific additional conditions apply you agree to be legally bound by those specific additional conditions.

Intellectual Property and Copyright
The names, images, information, text, graphics, services, materials and any other content on the ENA website or the ENA Industry Guidelines website identifying the Energy Networks Association or third parties and their products and services are subject to copyright, design rights, trademarks and other relevant intellectual property rights.  Nothing contained in these Website Terms of Use shall be construed by implication or otherwise to grant any licence or right to use of any trademark, patent, design right, copyright or other intellectual property right of Energy Networks Association or any third party.

You must not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public or otherwise use content on the ENA website or the ENA Industry Guidelines website except where necessary for and incidental to viewing the content on either website via your web browser or as permitted under the Copyright Act 1968 (Commonwealth) or other applicable laws or without the specific written consent of Energy Networks Association.

Use of the Website
You agree to use the ENA website and the ENA Industry Guidelines website and any linked website for lawful purposes and in ways that do not infringe the rights of anybody else, or restrict or inhibit anybody else’s use and enjoyment of the websites and that you will not disrupt or interfere with the websites or any systems connected to them in any manner, directly or by using any device or software to do so.

Conditions of Sale of Products
The terms and conditions of sale of products available on the ENA Industry Guidelines website are those applicable to all orders for the sale of goods from SAI Global as set out at http://www.saiglobal.com/publishing/shop/Terms.htm and the following paragraphs under this heading.

Any order placed by you is an offer by you to purchase a particular product for the price (including the delivery and other charges) specified on the site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for and accept delivery of the goods ordered. Energy Networks Association may change the prices published on the ENA Industry Guidelines website at any time.

While every effort has been made to ensure the accuracy of prices and information displayed on the ENA Industry Guidelines website, Energy Networks Association reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price or the product description posted on this site, or an error in your order.

Links
Energy Networks Association provides some links to other websites as a convenience to you.  Energy Networks Association assumes no responsibility or liability of any kind for any material or communications available at such websites.  Energy Networks Association is not responsible for the content of any site that may be linked either to the ENA website or the ENA Industry Guidelines website.
You must not provide a link to either the ENA website or the ENA Industry Guidelines website from any other website without the specific written consent of the Energy Networks Association.

Disclaimer and Limitation of Liability

All content on the ENA website and the ENA Industry Guidelines website, including all information, names, images, pictures, logos and icons relating to Energy Networks Association its products and services or to third party products and services is provided AS IS and without any warranties of any kind including warranties as to merchantability or fitness for a particular purpose and non infringement of intellectual property rights to the extent permitted by law, including implied warranties as to merchantable quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

The Energy Networks Association does not warrant that functions contained in the ENA website or the ENA Industry Guidelines website will be uninterrupted or error free, that defects will be corrected, that they will function as intended or will be free from viruses.

Except where implied by law and not able to be excluded, Energy Networks Association and its directors, employees, agents and contractors, are not liable to you for and in respect of any losses, expenses, costs (including but not limited to legal costs and defence or settlement costs), claims, damages or any other outgoings either direct or indirect or consequential, arising out of or referable to your access to or use of the ENA website, ENA Industry Guidelines website or any linked website, third party services or products available through any of those websites, to or by you however caused whether in contract, negligence, statute or otherwise.

Indemnity
You agree to indemnify and discharge the Energy Networks Association for and in respect of all losses, expenses, costs (including legal costs) claims, damages or any other outgoings which the Energy Networks Association may suffer or incur directly, indirectly or consequentially as a result of your breach of these Website Terms of Use or your use of the ENA website or the ENA Industry Guidelines website.

Breach of Terms of Use
If you breach these terms of use you may, with or without warning, have your access to the ENA website and the ENA Industry Guidelines website terminated and blocked.

General
If there is any conflict between these terms of use and specific additional conditions appearing elsewhere on the ENA website or the ENA Industry Guidelines website then the latter shall prevail.

The law applicable to the ENA Industry Guidelines website and to disputes arising out of the ENA Industry Guidelines website is the law of the State of New South Wales, Australia.   The law applicable to the ENA website and disputes arising out of the ENA website is the law of the Australian Capital Territory, Australia.

If any of the conditions expressed in these terms of use are found to be void, illegal, unenforceable or invalid for reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction to which that term is illegal, invalid or unenforceable it shall be severed and deleted from these terms of use and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.