Terms & Conditions

1. Introduction

The Terms of Use of the PowerNGo website include these Terms and Conditions, the Privacy Policy  and any other terms and conditions that appear in or are linked to the PowerNGo website (Additional Terms and Conditions).

The Additional Terms and Conditions that appear on the PowerNGo website will govern your use of, and access to, certain sections of the PowerNGo Web Site where they appear. Since these Additional Terms and Conditions form part of the Terms of Use, you are bound by them and should review them wherever they are relevant to you when using the PowerNGo website.

2. Website content and access

While PowerNGo endeavours to take reasonable care in preparing and maintaining the information on this website we do not warrant the accuracy, reliability, adequacy or completeness of any of the website content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it.

It is your responsibility to enquire with us directly to ensure the accuracy and currency of the material or information you seek to rely upon. To the extent permitted by law, including the Competition and Consumer Act 2010 (Cth), PowerNGo disclaims all liability for loss directly or indirectly arising from your use of or reliance on the website and the website content.

PowerNGo does not guarantee that access to the PowerNGo website will be uninterrupted or that the website is free from viruses or anything else which may damage any computer which accesses the PowerNGo website or any data on such a computer.

3. Limitation of liability

To the maximum extent permitted by law PowerNGo excludes all liability for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) arising out of or in connection with the website content and the use or performance of the PowerNGo website except to the extent that the loss or damage is directly caused by PowerNGo’s fraud or wilful misconduct.

Where the law (including without limitation the Competition and Consumer Act 2010 (Cth)) implies a warranty or guarantee into these Website Terms and Conditions which may not lawfully be excluded, then provided it is fair and reasonable to do so, PowerNGo's liability for breach of such a warranty or guarantee shall be limited at its option, to any one or more of the following:

(a) in the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired, or full refund for the price initially paid; and
(b) in the case of services, to either resupplying the services or payment of the cost of having the services supplied again.

4. Intellectual property

The materials displayed on this website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks, are the property of PowerNGo and are protected by copyright and other intellectual property laws. Any such content may be displayed and printed solely for your personal, non-commercial use within your organisation provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of PowerNGo.

Save for the above, and unless expressly granted, PowerNGo does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the PowerNGo website or in the user interface of the PowerNGo website.

5. Submissions

Any material you send to us on or via the PowerNGo website will be deemed to be non-confidential and non-proprietary, unless it is indicated to be otherwise. This includes any data, questions, comments, suggestions, ideas or other information. We will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose without compensation to you.

6. Third party websites

The PowerNGo Website may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, PowerNGo does not control, endorse, sponsor or approve any such third party websites or their content nor does PowerNGo provide any warranty or take any responsibility whatsoever for any aspect of those websites or their content.

7. Links to PowerNGo website

If you wish to establish a link to this website, you must first seek approval from PowerNGo. To seek approval, please contact your account manager. If you don't have one or are unsure, please email PowerNGo.

The following information will be required to assess your request:

  1. the URL of the website that you seek to establish a link from 
  2. a brief description of your website 
  3. the reason that you wish to establish a link.

If PowerNGo agrees to your proposed link, you must comply with any terms and conditions imposed by PowerNGo as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact PowerNGo and provide a new description of your website.

8. Interference with website

You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on the PowerNGo website.

9. Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the State of Victoria, Australia. In the event that a dispute arises from these Website Terms and Conditions, each of PowerNGo and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.