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Terms of Use

Welcome to the “EQUANS ANZ” website (the “Website”).

Please read these terms of use carefully as they contain important information regarding your legal rights and obligations. These include various limitations and exclusions.

By accessing or using our website at http://www.equans.com.au, or engaging with EQUANS ANZ on any of our social media channels (together “the Sites”), which are brought to you by EQUANS ANZ (a trading name of ENGIE Australia and New Zealand, as set out in “Who we are” below) and our related entities, you (“the User”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), whether you are a registered member of the Sites or not. Your access to the Sites is conditional upon your acceptance of and compliance with all terms, conditions, notices and disclaimers contained in this Agreement and anywhere else on the Sites. Where any of the Sites comprise of third party social media sites, your engagement with us on those Sites is also subject to such terms and conditions as the third party may specify. If you do not agree to these Terms of Use, please do not use our Sites.

We reserve the right to change the terms of this Agreement at any time, and you should check these Terms of Use from time to time to ensure your ongoing understanding. We will only provide notification via the Sites of substantial changes to this Agreement. If we amend this Agreement and you do not notify us otherwise, your continued use of the Sites will constitute your acceptance of the amended Terms of Use.

The Sites are available to you free of charge (except for internet connection costs), for your personal use, subject to compliance with these Terms.

The Sites may include links to other EQUANS companies and ENGIE Group websites which are likely to have their own legal conditions, which should be read and complied with.

 

Who We Are

This Website is the property of EQUANS ANZ. EQUANS ANZ is part of a Group of Companies (the “ENGIE Group”) in Australia which is comprised of the Australian subsidiaries of the ENGIE Group and other Australian entities in which ENGIE SA holds majority ownership interest (including entities that are Australian subsidiaries of International Power (Australia) Holdings Pty Ltd (which are held 72% by International Power Ltd. and 28% by Mitsui & Co., Ltd.). ENGIE SA is a public limited company with capital of 2,435,285,011 euros, entered in the Nanterre Register of Companies under number 542 107 651).

EQUANS ANZ registered office address is 171 Grange Road Melbourne, Victoria 3000, Australia.

In these terms, “we” or “our” refers to EQUANS ANZ. Any reference to EQUANS ANZ includes the ENGIE Group.

 

Your obligations

As a User, you are part of a community of people using the Sites. We require that all Users comply with certain standards of behaviour when using the Sites, uploading or downloading content or otherwise acting in your capacity as a User or related to the Sites. The standards required of Users are set out below.

  •  The Sites, to the extent applicable, are only available for your personal use and is not to be used for any business or commercial purpose. You will not use the Sites for the purpose of advertising, promoting or soliciting any goods or services, or otherwise engaging in trade or commerce.
  •  You must respect all Users and contributors to the Sites and not make any remarks which are illegal, defamatory or likely to offend other Users or infringe upon any third party’s rights. We reserve the right to immediately remove any content submitted by any User at any time.
  •  You are solely responsible for your engagement and contributions to the Sites. You must not knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or anything else which may compromise security of the Sites or be harmful to other Users.
  •  Any content you submit to the Sites must be your own original work and not breach any other person’s rights. You warrant that you own all intellectual property in any such content and that in submitting the same you are not breaching any other person or party’s intellectual property. We reserve the right to immediately remove any content that we deem at our absolute discretion to be a breach of any person’s intellectual property at any time.
  •  Users must not post personal information on public or accessible parts of the Sites such as telephone numbers, addresses or other information that could be used to identify individuals. If you choose to do so it will be entirely at your own risk.
  •  To the extent that you are able to upload or share any information to the Sites, you will not upload or share any information to the Sites that:
  •  is unoriginal, or in which you don’t own the copyright, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the copyright, registered trademark or intellectual property rights of another person;
  •  is (or could reasonably be expected to be) obscene, offensive, pornographic, vulgar, profane, indecent or unlawful;
  • is (or could reasonably be expected to be) defamatory of any person;
  •  is racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability; or
  •  you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive.
  •  We reserve the right to delete immediately and without prior notice any content (including any message, text, image or graphic) that contravenes the law.

 

Our obligations and liability to you

We will retain all other Personal Information you provide in confidence in accordance with our Privacy Policy.

We will ensure that the information provided to you by us, and any contributors we engage with, will be accurate and up to date to the best of our knowledge, and reserve the right to modify the content at any time and without notice. We make no undertaking and assume no liability, under any circumstances whatsoever, with regard to the relevance, continuity, accuracy, absence of errors, veracity, timeliness, fair and commercial nature, quality, validity and availability of the information contained on the Sites. Each User shall be fully responsible for the risks incurred by giving credence to this information. Incorrect information or omissions may be encountered arising from typographical or formatting errors. If you find any such errors, please inform us so that we can make the relevant corrections.

We cannot guarantee that the information supplied is complete, or that it has not been modified by a third party without our knowledge (hacking, viruses, etc.), whether posted by us or a third party. EQUANS ANZ, its parent companies and their subsidiaries, along with our contributors, accept no liability (whether direct or indirect) in the event of delay, error or omission with regard to the contents and use of the Sites and in the event of the service being interrupted or unavailable.

You agree that you have been informed that the Website is accessible 24 hours a day, 7 days a week, except in the event of force majeure, server problems, problems caused by the telecommunications network infrastructures or other technical difficulties. Further, you acknowledge that we may occasionally shut down our Sites for maintenance purposes.

We do not accept any responsibility for delays, operating problems or incompatibility between the Sites, any files or documents contained therein, your browser or any other program used to access to the Sites.

Under no circumstances will we be held liable for any direct or indirect damage resulting from or subsequent to third-party distribution of a virus by means of the Sites, which may infect your computer system following connection to, use of, or browsing on any of the Sites. Likewise, we may not be held liable for any material or consequential damage (including but not limited to technical failure, disclosure of confidential documents and data loss), or for any other indirect damage, arising from or associated with the use of the Sites or any documents or files made available via the Sites.

All information on the Sites is provided “as seen”, without guarantee of any kind, whether implied or explicit. We categorically reject any interpretation that seeks to represent the content of the Sites as an offer of purchase or an incitement to purchase shares or other securities, whether listed or unlisted, of ENGIE SA, or any one of its direct or indirect subsidiaries or affiliate companies.

If we are unable by law to exclude its liability, then to the extent it is permitted by law to do so we limit our liability to the re-supply of the affected products or services, or payment of the cost of re-supply, at our sole discretion.

Any dated information published on the Sites is valid exclusively for the specified date.

Users are also reminded that the confidentiality of correspondence cannot be guaranteed on the network and that every internet user is responsible for taking all appropriate measures to protect their own data and/or software from contamination by any viruses that may be circulating on the Internet.

You agree to indemnity us, and our employees, officers, agents and contractors (the “Indemnified Parties”) from and against all actions, proceedings, suits, claims and demands brought or made against the Indemnified Parties by any person arising from or in consequence of your use of the Sites, and from and against any damage, loss, cost or expense suffered or incurred by the Indemnified Parties as a direct or indirect consequence thereof.

 

Access codes and passwords

Some services on the Sites may require an access code and password.

These access codes and passwords are confidential, personal and non-transferable. You are responsible for their management, safekeeping and for the consequences of their use. You are responsible for taking the measures necessary for their protection and safekeeping. Under no circumstances will we be held liable for any fraudulent use.

For security reasons, access to secure sections may be automatically barred after several failed access attempts. We reserve the right to suspend access to the Sites in the event of fraud or attempted fraud in the use of a password or access code.

The information recorded by the Sites’ computer system when the user logs on will constitute evidence of any actions performed by the user on the Website, and evidence that those actions have been processed.

 

Intellectual property

The EQUANS ANZ and any ENGIE Group trademarks and logos (semi-figurative trademarks) shown on the Sites are registered trademarks. Any full or partial reproduction or representation, alone or in company with other elements, without our prior express written authorisation is strictly forbidden.

The general structure, software, texts, images, videos, sounds, know-how, animations, and more generally all information and content shown on the Sites, are either our property or are subject to rights of use or exploitation. These elements are subject to copyright law.

These Terms do not grant you any licence for the use of trademarks, logos or photographs belonging to us.

Any databases appearing on the Sites are protected by the legal provisions for the protection of databases. We expressly prohibit any re-use, reproduction or extraction of elements of these databases. The user shall be held liable for any such reuse, reproduction or extraction.

If you wish to use some or any of the Sites content (text, image, etc), you must obtain our prior express written authorisation, by writing to the address given in the section titled “Who we are” of this Agreement or by sending an e-mail to the webmaster.

 

Respect for privacy

As a user of the Sites, you must refrain from compiling and using in any fraudulent manner any personal data you obtain, and from any action likely to damage the privacy, reputation, esteem, image or sensitivity, of any individual or corporation, and notably of us, by avoiding any defamatory, provocative, malicious or threatening comments, messages or texts on any medium.

 

Cookies

When logging on to the Sites, you may be informed that a cookie will automatically be installed on your browser software. This is a block of data that is not used for identification purposes but for recording information about your browsing on the Sites. It is used to analyse activity, measure interest, etc., and otherwise to improve the quality of the Sites.

You can set your browser software to inform you of the presence of a cookie and to refuse it if you wish.

If you choose to set your browser to refuse cookies, some services may no longer be accessible.

The Sites may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies (text files placed on your computer) to help the website operators analyse how users use the site. The information generated by the cookie about your use of the Sites (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Sites, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using the Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

 

Cookie Settings

Hyperlinks

We may not be held liable for hyperlinks to other websites, and particularly for the content of those websites.

We are not liable for hyperlinks from other sites to our Sites and no such links may be set up without our prior written authorisation.

 

Cautionary statement on forward-looking data

Our Sites may contain certain information that does not rely on historical facts and that makes statements about the future, including – but not limited to – statements that are predictions of future events, trends, plans or objectives. Such statements are based on the current views and assumptions of management and are subject to significant risks and uncertainties that could cause actual results to differ materially from those expressed or implied in the forward-looking statements (or from past results). Additional information regarding these risks and uncertainties may be set out in the documents filed by a member of the ENGIE Group with the relevant authorities. Forward-looking statements represent predictions made on a certain date, and the ENGIE Group makes no undertaking to update or revise them, whether in response to new information, future events or for any other reason.

 

General clauses

Any assignment or other transfer of the rights granted under these conditions is strictly forbidden.

If, for any reason whatsoever, a competent court were to rule that a provision of Agreement is invalid, the invalidity of that provision will not in any way affect the validity of the remaining provisions of the Agreement, which will remain in force.

Failure by one of the parties to exercise a right or to institute legal proceedings under the terms of this Agreement shall not be deemed to be a waiver of such a right or such proceedings.

The Sites are subject to the laws of Victoria. This Agreement will be governed by and interpreted in accordance with the laws of Victoria.

By continuing to browse on this site, you agree and consent to the use of third-party cookies on our Sites. You may revoke this consent at any time.