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End User Terms & Conditions

  1. As a registered end user (either in your personal capacity or your organisation where you access this website as a representative of your organisation) (you), the University of Adelaide (we or us or our) will enable you to access the data and material available on the Australian Energy Storage Knowledge Bank website (this website) on the basis of these terms and conditions and, where this website provides a link to a third party website, the terms and conditions imposed by the third party website.
  2. By accessing data and material through this website, you agree to be bound by these terms and conditions and any applicable third party website terms and conditions. You must only access or use the data and material accessible through this website (information) in accordance with these terms and conditions and the applicable licence or use terms, and must not access or use the information if you are unable or unwilling to be bound by these terms and conditions.
  3. When accessing the information using this website you must:
    1. comply with these terms and conditions and all applicable laws;
    2. only use particular information as permitted by and subject to the relevant licence or use terms, if any, specified for that information, and in any event only for non-commercial purposes;
    3. comply with any additional restrictions notified by us to you prior to access;
    4. ensure that you access this website with hardware that meets the minimum specifications nominated by us from time to time (if any);
    5. make your own enquiries and satisfy yourself as to the suitability and integrity of the information;
    6. ensure that you do not misuse this website or use this website for malicious purposes;
    7. not use this website to engage in fraudulent behaviour, defame us or any third party, infringe the copyright, moral rights or any intellectual property rights of us or any third party, harass us, any of our employees, agents or contractors or any third party, gain unauthorised access to or interfere with our or any third party’s online resources or systems, or engage in any form of mass or unsolicited communications;
    8. not allow any third party to use this website without our authorisation including by providing your credentials to a third party or resupplying this website to any third party; and
    9. when accessing the information on behalf of your employer or another entity, warrant that you have authority to represent that entity and warrant that these terms are binding on the entity that you represent.
  4. No rights are given to any trade marks, inventions or patents through this website.
  5. Third party websites are not under our control, and we are not responsible for the content of any third party website. We do not endorse, sponsor or approve of any of the products or services provided through third party websites, or the owners or operators of third party websites. We do not represent or warrant the quality, reliability, accuracy or completeness of any content of third party websites, nor do we represent or warrant that any third party website will be free of computer viruses or other conditions which could damage or interfere with your computer system, data or software. Neither we nor our officers, agents, employees or contractors will be liable for any loss or damage arising in any way (including negligence) from or in connection with your access to and use of a third party website and any such access or use is done solely at your own risk.
  6. This website and the information is made available on an 'as is' basis. If you use or download any information from this site, you do so at your own risk and you acknowledge that such information:
    1. may contain statements based on scientific research and is subject to the usual uncertainties of advanced scientific and technical research;
    2. is not professional, scientific, medical, technical or expert advice; and
    3. should not be relied upon as the basis for doing or failing to do something.
  7. Except to the extent that any express guarantees have been given by us as contemplated by section 59 of Schedule 2 to the Australian Consumer Law, we exclude all guarantees, conditions, warranties and representations in relation to:
    1. availability of this website and any information;
    2. accuracy, completeness, currency or suitability of this website and any information for your purposes;
    3. integrity, value and quality of the information;
    4. maintenance of the information; and
    5. security of the information.
  8. Subject to clause 11, we do not accept liability for any loss or damage however caused (including due to our negligence, or our breach of these terms and conditions and even if that liability for any loss or damage was reasonably foreseeable and  we had been notified of the possibility of that liability for any loss or damage arising) in connection with the contents of, use of or access to the information by you including as a result of:
    1. the information not being accessible including due to incompatibility of software or systems;
    2. access to the information not being continuous, uninterrupted or fault free;
    3. unauthorised release of the information;
    4. the information being corrupted;
    5. viruses, worms or other software agents or files or programs that are designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment being obtained due to access to the information;
    6. the information lacking integrity;
    7. the content of any information breaching any laws or regulatory requirements; and
    8. the information infringing any third party rights (including copyright and moral rights).
  9. Subject to clause 11, we exclude all liability for any loss or damage however caused (including due to our negligence) in connection with this agreement.
  10. Subject to clause 11, we are not liable to you in connection with this agreement for any loss or damage however caused (including due to our negligence) that constitutes consequential loss, indirect loss, loss of profits, loss of revenue, loss of reputation, loss of bargain, loss of data or loss of opportunity.
  11. If any applicable legislation prohibits the exclusion of liability by us in the manner contemplated by clauses 7, 8 or 9 with respect to particular loss or damage, then:
    1. the exclusion does not apply to that loss or damage;
    2. our liability is only limited or excluded with respect to that loss or damage in the manner permitted under that legislation (if any); and
    3. our liability is limited to resupply or the cost of resupply of this website or the relevant information.
  12. You must do all things necessary or desirable to give effect to the provisions of these terms and conditions including by signing all documents and performing all acts.
  13. These terms and conditions contains the entire agreement between you, and us and supersedes all prior representations, conduct and agreements, with respect to its subject matter, except to the extent that any express guarantees have been given by us as contemplated by section 59 of Schedule 2 to the Australian Consumer Law.
  14. You are responsible for your own costs of agreeing to and complying with these terms and conditions.
  15. To the extent that any portion of these terms and conditions is void or otherwise unenforceable then that portion will be severed and these terms and conditions will be construed as if the severable portion had never existed.
  16. This agreement does not create a relationship of employment, trust, agency or partnership between you and us.
  17. You acknowledge that we may amend these terms and conditions in our discretion by making new terms available on our websites from time to time and those amended terms apply from the date they are made available and continued use of this website constitutes acceptance of the amended terms and conditions.
  18. Unless otherwise expressly contemplated, where a provision of these terms and conditions contemplates that we may exercise our discretion then we are entitled to exercise that discretion absolutely, with or without conditions and without being required to give reasons.
  19. The laws of South Australia apply to these terms and conditions and you irrevocably submit to the non exclusive jurisdiction of the courts of South Australia and courts competent to hear appeals from those courts.
  20. A right under these terms and conditions may only be waived in writing signed by us and is effective only to the extent specifically set out in the waiver.
Australian Energy Storage Knowledge Bank
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THE UNIVERSITY OF ADELAIDE
SA 5005 AUSTRALIA

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