Terms & Conditions

This website (“Website”) is provided to you by Mondo Power Pty Ltd. Your access to and use of the Website and the information provided on it is subject to the following terms of use. By accessing and using the Website, you agree to these terms of use. Mondo Power Pty Ltd may at any time vary the terms and conditions by publishing the varied terms of use on this website. Mondo Power Pty Ltd is under no obligation to specifically notify you of any variation, and you acknowledge that your use of the Website after any variation constitutes your acceptance of the revised terms of use.

1. Disclaimer

1.1 The Website provides information of a general nature about the Company to its customers and other stakeholders.

1.2 Whilst Mondo Power Pty Ltd has taken reasonable steps to ensure the accuracy of the material on the Website, Mondo Power Pty Ltd does not warrant that the information is correct, complete or adequate and does not warrant that the information will be useful for any particular purpose.

1.3 Mondo Power Pty Ltd will use reasonable endeavours to provide you with reliable, secure and stable access to the Website but cannot guarantee that the access will be continuous, fault-free, secure or accessible at all times.

2. Security

2.1 Whilst Mondo Power Pty Ltd will use reasonable endeavours to provide you with secure access to the Website, Mondo Power Pty Ltd cannot guarantee the security of the Website at all times.

2.2 You are solely responsible for any information or data uploaded, downloaded or otherwise communicated via the Website and you are responsible for keeping all security-based information secure and private at all times.

2.3 Mondo Power Pty Ltd strongly recommends you install and keep updated a personal firewall and/or the appropriate anti-virus software on your device.

3. Privacy

3.1 In providing the Service, Mondo Power Pty Ltd may collect your personal information. You agree that Mondo Power Pty Ltd may collect, store, use and disclose your personal information in accordance with the Mondo Power Pty Ltd’ privacy policy, collection statement and meter data privacy statement (“Privacy Policy”).

4. Prohibited uses

4.1 You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website. Additionally, you agree not to:

(a) access, monitor or copy any content or information of the website using any robot, spider, scraper or other automated means or any manual process for any purpose without Mondo Power Pty Ltd’ express written permission;

(b) violate the restrictions in any robot exclusion headers on the website or bypass or circumvent other measures employed to prevent or limit access to the website;

(c) take any action that imposes, or may impose, in Mondo Power Pty Ltd’ discretion, an unreasonable or disproportionately large load on its server infrastructure;

(d) deep-link to any portion of the website for any purpose apart from where expressly permitted by this Agreement;

(e) “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without Mondo Power Pty Ltd’ prior written consent; or

(f) attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Mondo Power Pty Ltd in connection with the Website.

5. Limitation of liability

5.1 To the maximum extent permitted by law, Mondo Power Pty Ltd accepts no responsibility or liability for any loss or damage (including for any indirect or consequential loss) relating to access or use of this website including the use or misuse of the information provided on this Website.

5.2 Mondo Power Pty Ltd makes no warranties or representations as to the accessibility, security, stability or reliability of the Website.

5.3 Mondo Power Pty Ltd will use reasonable endeavours to ensure that the Website is current, and where there are updates or changes, the Website is updated as quickly as possible. Occasionally, it may take some time for the Website to be updated. Mondo Power Pty Ltd will not be responsible and it shall not, in any way, be liable to you for any kind of loss or damage incurred as a result of this delay.

5.4 Mondo Power Pty Ltd shall not, in any way, be liable to you for any kind of loss or damage incurred as a result of your use of the Website, including but limited to, any viruses or malware your Device may become subject to during your use of the Service.

5.5 Subject to your rights arising under the Competition and Consumer Act 2010 (Cth) or other similar consumer legislation, you agree that Mondo Power Pty Ltd will not be liable in respect of any claim by you (whether contractual, tortious, statutory or otherwise) for any direct, special, incidental, indirect or consequential damages or injury including, but not limited to, any loss of profits, contracts, revenue or data arising out of or in connection with the provision of the Service whether as a result of any breach or default by Mondo Power Pty Ltd, or any negligence of Mondo Power Pty Ltd. The maximum liability of Mondo Power Pty Ltd under this Agreement for any and all breaches of this Agreement, and any negligence in relation to this Agreement will be $10.00.

5.6 If the Competition and Consumer Act 2010 (Cth) (or analogous legislation) applies to this Agreement and permits the limitation of liability for breach of warranty implied by statute, the liability of Mondo Power Pty Ltd is limited, at the option of Mondo Power Pty Ltd, to the supplying of the services again or the payment of the cost of having the services supplied again.

5.7 Any of the terms and conditions of this Agreement which limit or exclude any term, condition or warranty, express or implied, or the liability of Mondo Power Pty Ltd will apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies arising by virtue of the breach of any implied term of this Agreement where such exclusion, qualification or limitation would be prohibited by statute.

6. Indemnity

6.1 You agree to indemnify and keep indemnified, Mondo Power Pty Ltd, employees and officers against all loss, cost, expense or damage which Mondo Power Pty Ltd, its agents, employees or officers suffer or incur, as a direct or indirect result of your breach of this Agreement or any misuse of the Website.

7. Compliance with third party licenses

7.1 The Website incorporates components licensed to Mondo Power Pty Ltd by third parties, which may be subject to their own End User Licence Agreements (“Third Party Licences”).

7.2 You agree that your use of the Website, in addition to this Agreement, will be governed by any terms and conditions specified by any Third Party Licence and you agree to be bound by all terms and conditions of any Third Party Licence.

8. Links from this website

8.1 Links to other websites are provided for your convenience. Mondo Power Pty Ltd does not control these websites and cannot be responsible for the content or accuracy of the information or other material on those websites. Your use of material on any third party website will be governed by the terms and conditions applicable to that website.

8.2 The inclusion of any links to other websites does not mean that Mondo Power Pty Ltd endorses or approves of the content of those linked sites.

8.3 Mondo Power Pty Ltd gives no warranty (express or implied) as to the accuracy, completeness or adequacy of material on any third party website.

9. General

9.1 The law of Victoria governs this Agreement. The parties consent to the jurisdiction of the Courts of the State of Victoria and their Courts of Appeal in relation to this Agreement.

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