Terms & Conditions

DCP COMPANY LTD (ACN 619 866 072) Website Terms and Conditions (Terms)

In these Terms, “we”, “our” and “us” means DCP COMPANY LTD and “you” means you, the site visitor.

Access to and use of the Website and services available through the Website are subject to the following Terms as may be updated by us from time to time.

  1. Your acceptance

 

  • These are the terms on which we permit users to access and use the website dcpowerco.com.au (Website) including but not limited to the services and functionality made available through the Website, viewing Content provided by us and communicating with us.

 

  • By:

 

(i)           using, browsing or accessing any part of the Website; or

(ii)   pre-registering or registering on the Website to access the information and/or services provided by us ,

you agree to be bound by these Terms.

  • We may from time to time review and update these Terms as we grow and expand or to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website.  By continuing to use the Website, you agree to be bound by the most recent Terms.  It is your responsibility to check the Website regularly for updated versions of the Terms.

 

  • The Website is subject to change at any time without notice and may contain errors.

 

  1. Content

 

  • The Content (defined below) on the Website is for general information purposes only.

 

  • Nothing on this website constitutes a Crowd Source Funding (CSF) offer (Offer). If we are making an Offer, the Offer document can be found at onmarket.com.au. The Offer itself will be available at onmarket.com.au. You should consider the CSF Offer document for the Offer and the general CSF risk warning before making an application pursuant to the Offer. This does not constitute advice or an endorsement of the Offer.

 

  • We do not warrant or make any representations as to any third party products or services described or referred to on the Website. Any use of our materials or information by another person or organisation is at the user’s own risk.

 

  • The Content on this Website may be obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Content on this Website is not an endorsement of any organisation, product or service.

 

  • While care has been taken in preparing the Content on this Website, we and our employees, related parties, directors, officers, agents, volunteers, contractors and subcontractors will not accept any liability, including for any loss or damage, resulting from the reliance on the Content, or for its accuracy, currency and completeness.

 

  • We have the right, but not the obligation, to monitor any information, comment, content, communication, advice, text, or other material (Content) made available on the Website. We reserve the right, in our absolute discretion, to block, modify or remove any Content contained on the Website without notice, and will not be liable in any way for possible consequences of such actions.

 

  • You agree to be solely responsible for any Content that you communicate or otherwise provide to us over the Website. You warrant and represent that any Content that you communicate or otherwise provide to us will not violate these Terms.

 

  • If you have a complaint regarding any Content, our sole obligation will be to review any written complaint provided to us and, if we see fit, in our sole discretion, to modify or remove the particular Content.

 

  1. Links

 

  • The Website may contain links to other web sites. We do not provide those links as an endorsement of those web sites, their operators, the goods, services, advice or content that they describe.

 

  • Links from the Website to other third party web sites are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these linked sites, you do so at your own risk.  We are not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods, services or content that they describe.  We are not responsible for and will not be liable in respect of any incorrect link to an external web site.

 

  • You are not permitted to frame the Website without our express written permission.

 

  1. Access and communication

 

  • We do not provide, and have no control over, communications, networks or services, the internet or other technology required or used across the Website and we accept no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.

 

  • Details contained on the Website relating to services have been prepared in accordance with Australian law and may not satisfy the laws of another country. We do not warrant that:

(i)           the services available on this Website; or

(ii)           the Website and its Content,

comply with the laws of any other country.  It is your responsibility to determine whether the services comply with the laws of your jurisdiction.

  • If you access and use this Website or its content from outside Australia or use any services, you do so at your own risk.

 

  • We provide no warranties and cannot guarantee that any file, program, access or use of the Website is free from viruses, malware or other harmful technology or material which could damage or infect your data, hardware, software or other equipment. By accessing and using the Website you assume all risk in this regard and you release us from all applicable liability and responsibility.

 

  1. Intellectual property

 

  • All intellectual property rights, including copyright and patents, in the Website, our services, and all components of them are owned or licensed by us or our related entities. You must not copy, modify or transmit any part of the Website.

 

  • The Website contains trademarks, logos, service names and trade names of us or third parties which may be registered or otherwise protected by law. You are not permitted to use any trademarks, logos, service names, trade names or any other Content or copies of the Content appearing on the Website.

 

  1. Privacy

By using this Website you accept the Privacy Policy, found here dcpowerco.com.au/privacy

  1. Termination of your access to the Website

We may, at any time, immediately terminate your access (including restricting access) to the Website or any feature of the Website for any reason (including due to your breach or alleged breach of these Terms) in our sole discretion and without prior notice.  Any indemnities given by you and any limitations of our liability survive such termination.

  1. Disclaimer of warranties and limitation of liability
    • To the full extent permitted by law, we exclude all warranties, whether express or implied, including any warranties or representations concerning availability of the Website, quality, completeness, accuracy, suitability, acceptability or fitness for purpose in relation to the Website, the Content, the conduct of any users, all links to or from the Website and the services advertised or accessible on the Website.
    • Subject to clause 5, we exclude all liability for any loss, damage, claim, cost or expense whatsoever arising out of or in connection with the services advertised or accessible on the Website.
  2. Indemnity

You agree to fully indemnify us, its directors, officers, directors, employees, consultants, agents and affiliates in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

  • any breach of these Terms by you;
  • your access or use of the Website; or
  • your communications with us.
  1. Jurisdiction and law

These Terms are governed by and must be construed in accordance with the laws of the State of Victoria, Australia.  You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.

  1. Waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.

  1. Severability

Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.

  1. Entire Agreement

These Terms constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us. Any waiver of any provision of the Terms will be effective only if in writing and signed by us.

  1. Contacting us

If you have questions about the Website or the Terms, please contact us by clicking dcpowerco.com.au/contact and submitting a contact form.

 

Last updated: February 2018

top