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Terms and conditions

Access to and use of the My Access system is strictly governed by these terms and conditions.

  • If you do not consent to these Terms and Conditions you must not access or use My Access and must immediately exit this website. Continued access or use of My Access will constitute acceptance of these Terms and Conditions
  • You must comply with these Terms and Conditions when accessing and using My Access
  • We can immediately suspend or terminate Your use of, or Your registration with or Your ability to access the My Access Website, its contents and any other service the My Access Website provides if You breach any of these Terms and Conditions.

DEFINITIONS AND INTERPRETATIONS

Definitions

  • The following definitions apply to these Terms and Conditions
  • "Cookie" means an electronic file which is placed on Your computer automatically to provide a customised online facility
  • "Database" means a database to which You have access pursuant to My Access
  • "Energex" means Energex Limited (ACN 078 849 055)
  • "Ergon Energy" means Ergon Energy Corporation Limited (ACN 087 646 062)
  • "My Access" means the My Access online authentication service with the URL https://www.sparq.com.au/my-access/, which authenticates identity and manages secure access to websites operated by Energex and Ergon Energy, including all equipment, programs and services used to perform authentication and manage access
  • "My Access Website" means the website at https://www.sparq.com.au/my-access
  • "SPARQ" means SPARQ Solutions Pty Ltd (ACN 110 073 400)
  • "Terms and Conditions" means these terms and conditions, as may be amended from time to time
  • "We" and "Us" and "Our" means SPARQ Solutions Pty Ltd ACN 110 073 400, a jointly owned subsidiary of Energex and Ergon Energy
  • "You" means either the individual and/or the legal entity or entities accessing the My Access Website from time to time.

Interpretation

  • If a word is defined, different forms of that word have a corresponding meaning.

OWNER AND OPERATOR, LINKS AND THIRD PARTIES

  • My Access is owned and operated by Us. We operate My Access to authenticate identity on behalf of and manage secure access to websites operated by Energex and Ergon Energy
  • We are not responsible for the Energex or Ergon Energy websites, or for the information or content of any site accessed, or linked to, via the My Access Website. Your access to and use of those websites is not governed by these Terms and Conditions, but may be subject to terms and conditions available on those websites. You are responsible for reviewing the terms and conditions of those websites
  • We provide links to other sites for convenience only and do not represent any endorsement, sponsorship or approval of the products or services offered by the site owner or the information or content on such sites
  • Commentary and other materials posted on Our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our site, or by anyone who may be informed of any of its contents.

AMENDING THE TERMS AND CONDITIONS

  • We may amend these Terms and Conditions at any time by changing the terms and conditions displayed on the My Access Website
  • You are responsible for reviewing the Terms and Conditions each time You access or use My Access
  • You are responsible for making all arrangements necessary for You to have access to the My Access Website. You are also responsible for ensuring that all persons who access Our site through Your internet connection are aware of these terms, and that they comply with them
  • Any changes to the Terms and Conditions will be effective from the date on which You first access or use My Access, once the terms and conditions on the My Access Website have been changed.

LIMITATION OF LIABILITY

No representations or warranties about features or availability

  • Except for any representations or warranties which cannot be excluded by law, We do not make any representations or warranties:
    • about the features or availability of My Access
    • that Your access to or use of My Access will be uninterrupted or error free
    • that We will continue to make My Access available
    • that We will continue to provide any particular features or functions of My Access
    • about the quality, currency, accuracy, reliability, performance, completeness or fitness for purpose of any part of the information and content on the My Access Website, or on any pages or sites linked to this site, or
    • that the information and content on the My Access Website, or the facilities that make it available, will not cause damage, or are free from any computer virus or any other defects or errors.
  • We may:
    • change the hours of availability for My Access
    • change the equipment and/or system requirements needed to access and use My Access
    • introduce a charge for My Access
    • amend or remove any of the features or functionality of My Access
    • change the websites for which My Access performs identity authentication and manages secures access
    • make any other changes to My Access
    • suspend or terminate Your use of, or Your registration with or Your ability to access the My Access Website, its contents and any other service the My Access Website provides if You breach any of these Terms and Conditions
    • cease to make My Access generally available, and
    • cease to make My Access available at all, at any time.

Exclusion of liability

  • You assume all risk of use of the My Access Website and all files, programs and software available from the My Access Website
  • To the maximum extent permitted by law, We exclude all liability (including liability in negligence) arising out of or in connection with Your access to and use of My Access or use of material on any third party website
  • Without limiting paragraph 5.4, We will not be liable to You or third parties for interruptions to the My Access Website or to My Access due to issues beyond Our control and We will not be liable to You or third parties if interruptions to the My Access Website or My Access cause delays in the processing of payments or the delivery of services
  • For any liability which cannot be excluded at law, Our maximum liability is limited to (at Our option):
    • resupplying services to You, or
    • paying You the cost of having those services resupplied.
  • This does not affect Our liability for death or personal injury arising from Our negligence, nor Our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Your liability

  • You indemnify Us for any loss, damage, cost and expense that We may suffer or incur arising out of or in connection with Your access to and use of My Access:
    • for any purpose other than obtaining identity authentication and secure access to websites linked to from My Access
    • in a way that is not permitted by these Terms and Conditions, or is in breach of any applicable laws
    • where You deliberately or negligently damage My Access, or the Database, including if You introduce a virus or harmful code to My Access, and
    • where You post or transmit to or from the My Access Website any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law,

INFORMATION ABOUT YOU AND YOUR VISITS TO MY ACCESS WEBSITE

  • We process information about  You in accordance with Our privacy statement. By using the My Access Website, You consent to such processing and You warrant that all data provided by You is accurate.

LINKING TO THE MY ACCESS WEBSITE

  • You may link to Our home page, provided  You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists
  • You must not establish a link from any website that is not owned by You
  • Our site must not be framed on any other site, nor may You create a link to any part of Our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which You are linking must comply in all respects with the content standards set out in these Terms and Conditions
  • If You wish to make any use of material on Our site other than that set out above, please address Your request to sparqservicedesk@sparq.com.au.

SYSTEM REQUIREMENTS

  • My Access uses internet technology
  • The My Access Website uses high-strength SSL encryption. Browsers that do not support 128 bit ciphers or stronger cannot use the My Access website
  • My Access supports numerous modern web browser products and versions
  • For greater encryption strength We recommend using the latest version of Your browser.

INTELLECTUAL PROPERTY

  • We are the owner or the licensee of all intellectual property rights in Our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved
  • You may print off one copy, and may download extracts, of any page(s) from Our site for Your personal reference and You may draw the attention of others within Your organisation to material posted on Our site
  • You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text
  • Our status (and that of any identified contributors) as the authors of material on Our site must always be acknowledged
  • You must not use any part of the materials on Our site for commercial purposes without obtaining a licence to do so from Us or Our licensors
  • If You print off, copy or download any part of Our site in breach of these terms of use, Your right to use Our site will cease immediately and You must, at Our option, return or destroy any copies of the materials You have made.

USE OUTSIDE AUSTRALIA

  • We do not represent that material or services from the My Access Website are appropriate or available for use in countries outside Australia. If You choose to access this site from outside Australia, You do so at Your own risk and are responsible for complying with the relevant laws in force in the location from where You have accessed the My Access Website and its contents.

GOVERNING LAW

  • The laws of Queensland Australia govern these Terms and Conditions
  • You and We submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.

GENERAL

  • If any of these Terms and Conditions are interpreted or construed to be invalid, illegal or unenforceable, then the invalid, illegal or unenforceable term will be excluded with the remaining terms to remain in force
  • The non-exercise or delay in exercising Our rights with respect to these Terms and Conditions will not operate as a waiver of Our rights at any time.

CONTACTING US

You can contact Us for any enquiries or complaints regarding use of the My Access Website at sparqservicedesk@sparq.com.au

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