Terms of Service

If you reside in Australia, this Terms of Service apply to you. If you reside outside of Australia, you must agree to the terms of the applicable jurisdiction, which are available on https://jeripower.com/ and www.clenergy.com.au

This website (https://www.jeripower.com/au, “Website”) is operated by Clenergy Australia (“Clenergy” or “we” or “us” or “our”). jeri by Clenergy offers this Website, including all information, tools, and services available from this Website to you, the user, conditioned upon your acceptance of the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink (“Terms”).

By visiting our Website (https://jeripower.com/au/) and/or purchasing something from us through our Website, you agree to be bound by these Terms. These Terms apply to all users of the Website, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. You understand, acknowledge, and agree that these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, form our entire agreement with you regarding your use of the Website and the Service.

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND CLENERGY AUSTRALIA. By using or accessing any part of the website, you acknowledge that you have read and understood, and you agree to be bound by, these terms. If you do not agree to these terms, you must immediately cease accessing and/or using the website.

Our store is hosted on Woo Commerce.

You can review the most current version of the Terms at any time on this page.

PLEASE NOTE THAT THE TERMS INCLUDE LIMITATIONS OF LIABILITY AND EXCLUSION OF DAMAGES.

1. Eligibility

If you are under the age of majority in Australia, you may only use and/or access the Website with the authorisation of a parent or legal guardian who agrees to be bound by these Terms on your behalf. Otherwise, by using and/or accessing the Website, you represent and warrant that you have reached your age of majority in Australia. You hereby represent and warrant that you have the full power and authority to enter into and perform these Terms. If you are using the Website on behalf of any other individual, you represent and warrant that you are authorised to accept these Terms on such individual’s behalf.

2. Account Creation

You may use and/or access the Website without creating an account but in order to fully use and/or access the Website, you will be required to create an account. You are solely responsible for any activity that occurs on your account and for maintaining the confidentiality of your password. You agree that you will provide and maintain accurate registration information and that it is your sole responsibility to do so. If there has been and at any future time an unauthorised use of your password or account occurs, please notify us immediately. When you register an account with us, you may be required to provide some of your personal information. By registering and providing us with your personal information, you also accept our Privacy Policy (https://www.clenergy.com/privacy-policy/), which is incorporated into these Terms. We will retain your information for up to a maximum of 5 years.

3. Use of Our Service

In order to make you easily use our services, we recommend you visit the Website suitable for you according to your IP address.

A breach or violation of any of the Terms will result in an immediate termination of our Service to you. We reserve the right to refuse service to anyone at our absolute discretion at any time.

You acknowledge and consent to your content being transferred, which may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.

4. Accuracy, Completeness and Timeliness of Information

To the extent permitted by law, we are not responsible if the information made available on this Website is not accurate, complete or current. Except for product descriptions, the material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. To the extent permitted by law, any reliance on the material on this Website is at your own risk.

5. Terms Which Apply to the Products Purchased

i. Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the provision of this Website (or any part or content thereof) or the provision of any goods without notice at any time. This does not impact any order you place for our Service before that date. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

ii. Products or Service

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and, without limiting your rights under the applicable law in Australia, are able to be returned in exchange for a refund, repaired or exchanged for another product but may not be able to be replaced if no stock is available. Further information is set out in our Refunds Policy. This does not limit any rights you have under applicable law in Australia.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we will notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

iii. Accuracy of Billing and Account Information

You agree to provide current, complete and accurate purchase and account information for all purchases made through our online store. You agree to promptly update your account and other information, including your email address and (if applicable) payment information, so that we can complete your transactions and contact you as needed.

6. Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

To the extent permitted by law, you acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. To the extent permitted by law, we shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the Terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

7. Third-Party Services

We may link to or offer services or products provided by third parties (“Third-Party Services”) through or in connection with the Website. Your use of Third-Party Services is solely a relationship between you and the applicable Third-Party Service provider and is subject to the terms and conditions of, or your agreement with, such Third-Party Service provider. Clenergy does not warrant, endorse, or support Third-Party Services and is not responsible or liable for any Third-Party Services or any damages, liabilities, losses, issues or other risks that arise or result from your use of such services. You understand, acknowledge, and agree that access and/or use of any Third-Party Services may be subject to terms and privacy policies that are different from ours and that we are not responsible for such provisions and expressly disclaim any liability with respect to them.

8. User Comments, Feedback, Sharing and Other Submissions

We respect your ideas, suggestions and sharing, but please do not submit, at any time, any ideas, information, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, “Comments”) that are confidential or that are owned by any third party in any form to Clenergy or any of its Representatives. If you do submit any Comments in any form or format, you understand, acknowledge, and agree that your submission of such Comments is purely voluntary and that the following terms apply:
· Your Comments (including their content) will automatically become the property of Clenergy, without any compensation to you;
· Clenergy has no obligation to respond to, review or use your Comments;
· Clenergy may, at any time, without restriction, edit, copy, implement, distribute, translate and otherwise use in any medium any portion of your Comments that you submit to us, without any compensation to you;
· Clenergy has no obligation to keep your Comments confidential.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property rights or these Terms.

You must ensure that your Comments do not violate any intellectual property right or proprietary right of any third party. You further agree that your Comments must not contain defamatory or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. To the fullest extent permitted by law, we take no responsibility and assume no liability for any Comments posted by you or any third party.

9. Prohibited Uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content or any part of a Service:
· For any unlawful purpose;
· To solicit others to perform or participate in any unlawful acts;
· To violate any international, federal, state or territory regulations, rules, laws, or local ordinances;
· To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
· To harass, abuse, insult, harm, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
· To submit false or misleading information;
· To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the internet;
· To collect or track the personal information of others;
· To spam, phish, pharm, pretext, spider, crawl, or scrape;
· For any obscene or immoral purpose;
· To interfere with or circumvent the security features of the service or any related website, other websites, or the internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

10. Term and Termination

The Terms will remain in full force and effect until terminated in accordance with the Terms of this agreement. You may terminate these Terms at any time and for any reason by deleting your account in accordance with clause 11 below and discontinuing any and all use of and/or access to the Website and the Service. All of these Terms that, by their nature or purpose, are intended to survive termination shall survive any such termination. The obligations and liabilities of the parties incurred or accrued prior to the termination date shall survive the termination of these Terms for all purposes.

We reserve the right to terminate, modify, discontinue, or suspend the Website and/or the Service in our sole discretion, at any time for any or no reason, including for violation of our Terms. We will notify you of termination or suspension via the email address associated with your account.

Notwithstanding anything else in this Terms, where you have not breached the Terms, we will provide you with 30 days’ notice via the email address associated with your account if we decide, in our sole discretion, to terminate, modify, discontinue or suspend the Website and/or the Service in accordance with this clause 10.

11. Account Closure by You

If you do not agree to our Terms or no longer want to use our Website or the Service, you can close your account at any time by emailing [email protected] and requesting for your account to be closed. If you choose to close your account, you will not be able to log in and use your account or reactivate your account.

If you close your account, all content, information, data and records under your account will be closed or anonymised, and you will not be able to retrieve, access, obtain, continue to use, or recover any of the content or information you have added via your account (even if you choose to register again using the same registration information), unless otherwise stipulated by applicable laws and regulations or required by the competent regulatory authorities. The aforementioned content or information includes, but is not limited to, personal information under the account (e.g. name, mobile phone number and email address linked to the account, and others); jeri by Clenergy device information and order records under the account; all content published using this account (e.g., audio, pictures, photos, comments, interactions, likes, and others); any other content, information, data, and records.

If you close your account, you agree to give up the rights and interests that have been generated but not consumed during the use of Clenergy’s products and services and expected interests under this account. If you close your account, please take a screenshot or record the serial number of the vouchers or coupons you have accrued.

If you close your account, these Terms shall terminate as an agreement between you and Clenergy, with the exception of those Terms that, by their nature or purpose are intended to continue beyond termination or cancellation. Each of your and our obligations under those Terms shall survive such termination or cancellation.

In order to protect your account security and property rights and interests, we need to verify your identity for account closure (for example, verifying the email address or mobile phone number linked to this account) to ensure that the account is registered by you.

12. Modification of Terms

We may modify the Terms at any time. We reserve the right, in our sole discretion, to change, add, or remove any or all portions of the Terms at any time. We will post any such changes, but it is your responsibility to check the Terms periodically for changes (including before you make a purchase). Your continued access to or use of the Website after the posting of changes constitutes your binding acceptance of such changes. If you do not agree to any of the changes, you must terminate these Terms by closing your account in accordance with clause 11 and discontinuing all use of and/or access to the Website. Any disputes arising under these Terms will be resolved in accordance with the then-current version of the Terms in place at the time the dispute arose. For clarity, no change to these Terms impacts the purchase you have already made, which will be governed by the Terms at the date on which you make your purchase.

13. Liability

TO THE EXTENT PERMITTED BY LAW, THIS WEBSITE MAKES NO REPRESENTATIONS OR WARRANTIES OR GUARANTEE OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE. CLENERGY MAKES NO GUARANTEE THAT: (A) ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED, COMPLETE, TIMELY, SECURE, OR ERROR-FREE; AND (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. THE FOREGOING DISCLAIMERS OF LIABILITY APPLY TO ALL CLAIMS OF DAMAGES, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, BREACH OF CONTRACT, TORTIOUS BEHAVIOR, INCLUDING NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION INCLUDING CONSEQUENTIAL AND ECONOMIC LOSS ARISING OUT OF THE USE OF THIS WEBSITE.

IF YOU ARE NOT A CONSUMER FOR THE PURPOSES OF SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CLTH) (THE ACL) THEN WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, COMMON LAW, EQUITY, TRADE CUSTOM OR USAGE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, DURABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW INCLUDING AUSTRALIAN CONSUMER LAW. THESE DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU ARE A CONSUMER FOR THE PURPOSES OF THE ACL AND THE SERVICES SUPPLIED BY THIS WEBSITE AND OR CLENERGY FAIL TO MEET THE CONSUMER WARRANTIES AS PROVIDED FOR IN THE ACL THEN YOU MAY BE ENTITLED TO A REMEDY.

14. Indemnification

To the maximum extent permitted by applicable law, you hereby agree to release, defend, indemnify, and hold Clenergy (including personnel, directors, officers, and employees thereof) harmless from and against any and all claims, actions, causes of action, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with (a) your breach of any of clauses 3, 8 and 9 of the Terms, (b) any use by us of personal information which you disclose to us in circumstance where you did not have a right to disclose that information to us, including any injuries, losses, or damage (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such bodily injury, personal injury, illness, death, or property damage, or (c) breach of any laws, regulations or infringement of third-party rights including intellectual property or privacy rights.

15. Limitation of Liability

IN RELATION TO ANY ALLEGED OR ACTUAL BREACH OF:
· CONTRACT
· TORT
· STRICT LIABILITY
· STATUTORY CLAIMS
· OR OTHER CLAIMS OF WHATSOEVER NATURE

BY CLENERGY OR ANY OF ITS EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AGENTS OR REPRESENTATIVES (COLLECTIVELY CLENERGY) WILL CLENERGY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, CYBER ATTACK OR CYBER CRIME, DATA SECURITY INCIDENT, BUSINESS INTERRUPTION, COMPUTER OR DEVICE MALFUNCTION, LOSS OF GOODWILL, LOSS OF PRIVACY, LOSS OR MISS USE OF DATA ARISING FROM OR RELATING TO THE USE OF THIS WEBSITE BY YOU.

IF, FOR ANY REASON, CLENERGY IS FOUND TO BE LIABLE TO YOU, YOU AGREE THAT OUR TOTAL AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED DOLLARS.

THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (IN SUCH CASES OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW). THIS LIMITATION OF LIABILITY WILL SURVIVE THE EXPIRATION OR TERMINATION OF THE TERMS.

YOU ACKNOWLEDEGE THAT E-COMMERCE MAY BE SUBJECT TO SECURITY BREACH BY CYBER CRIMINALS AND BY ENGAGEING IN E-COMMERCE YOU ACCEPT THE POSSIBILITY OF SUCH OUTCOMES AND HAVE TAKEN SUFFICIENT STEPS TO PROTECT YOUR OWN INTERESTS TO PREVENT AND/OR MITIGATE AGAINST THIS POTENTIAL RISK AND CONSEQUENTIAL LOSS AND DAMAGE.

16. Privacy

You understand, acknowledge, and agree that when you use and/or access the Website, Clenergy may use automatic means (including, for example, cookies and web beacons) to collect information about your device and about your use of the Website. All personal information we collect through or in connection with the Website is subject to our Privacy Policy (https://www.clenergy.com/privacy-policy/), which is incorporated by reference herein. By accessing, using, and/ or providing information to or through the Website, you consent to all actions taken by us with respect to your personal information in compliance with our Privacy Policy (https://www.clenergy.com/privacy-policy/).

17. Governing Law and Disputes

The Terms shall be governed and construed in accordance with the laws of the State of Victoria, without regard to the laws of conflict or choice of laws provisions or rules thereof. You agree that any dispute regarding the interpretation, validity, or breach of, or otherwise arising from or relating to the Terms, shall be subject to the exclusive jurisdiction of the state or federal court located in Victoria, and you hereby agree to submit to the personal and exclusive jurisdiction and venue of such courts and not to seek the transfer of any case or proceeding out of such courts.

18. Notices

Clenergy may give notice by means of a general notice on or through the Website, electronic mail to the email address associated with your account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by pre-paid post to any address connected with your account. Such notice shall be deemed to have been given upon the expiration of three business days after mailing or posting or at the time of sending (if sent by email, telephone, or on or through the website). You may give notice to Clenergy, with such notice deemed given when received by Clenergy, at any time by pre-paid post to our registered office or to [[email protected]]

19. Miscellaneous

These Terms, and any rights granted hereunder, may not be transferred or assigned by you without our prior written consent (in our sole discretion), but may be freely assigned by us, upon 10 days’ written notice to you, without your consent or any other restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.

No waiver by us of any term or condition set out in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

In these Terms, the words “including” and “include” mean “including, but not limited to” and “or” is not exclusive.

20. Contact Information

Please forward any questions or concerns about the Terms directly to [email protected]