GENERAL TERMS AND CONDITIONS OF USE
These General Terms and Conditions of Use apply to all websites and portals operated by TotalEnergies Marketing Australia Pty Ltd ACN 149 501 922 (Company). However, please note that if you visit websites or portals operated by other TotalEnergies companies, different general terms and conditions and policies (including concerning privacy protection) may apply in relation to those sites. We recommend that you read their applicable terms and conditions and policies carefully.
Company : TotalEnergies Marketing Australia Pty Ltd
Head office : 600 Bourke Street, Melbourne VIC 3000
The companies in the TotalEnergies group (to which the Company belongs and its directly or indirectly owned subsidiaries), have their own legal existence and independent legal status. This Website sometimes refers to “TotalEnergies” and “the TotalEnergies group” for convenience where references are generally made to TotalEnergies S.E. (the holding company) and its subsidiaries and affiliates. Likewise, the words “we”, “us” and “our” are used to refer to the Company or any company of the TotalEnergies group in general or to those who work for them. These expressions are also used where no useful purpose is served by identifying the particular company or companies. It cannot be inferred from these expressions that TotalEnergies S.E. or any of its subsidiaries or affiliates are involved in the business and management of any other company of the TotalEnergies group.
TotalEnergies group, and their directors, officers, employees, or agents make no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials or products included on this Website, except as otherwise provided under any applicable laws including the Non-excludable Obligations, and then only to the minimum extent required, under any applicable laws.
2. INTELLECTUAL PROPERTY
2.1 Property of the Company
2.1.1 All information or documents (text, animated or static images, databases, sounds, photographs, know-how or cited products) stored in the Website as well as all elements created for the Website and its general structure, are either the property of the Company or the companies within the TotalEnergies group or are subject to rights to use, duplicate or represent them.
2.1.2 This information, documents and items are subject to laws protecting copyright insofar as they have been made available to the public via this Website. No licence or any right (other than to view the Website) is granted to you (or any other party) with regard to intellectual property rights.
2.1.3 Duplication of Website documents is authorised solely as information for your personal and private usage. Any duplication or usage of copies made for other purposes is formally prohibited and subject to prior and formal authorisation by the Company. In all cases, authorised duplication by you of information stored in this Website must cite the source and make adequate references to its proprietary nature.
2.2 Distinguishing signs
Unless otherwise stipulated, company names, logotypes, trade marks, products and brands quoted on the Website are the property of the Company or of the TotalEnergies group or are subject to rights to use, duplicate or represent them. You may not use them without prior written authorisation from the Company.
The Company is the controller of databases on the Website and the Company is the owner of any databases made available. You may not extract or reuse a substantial qualitative or quantitative portion of the databases, including for private purpose.
3. YOUR UNDERTAKINGS
3.1 Right to use information provided to us
3.2 Compliance with law
In visiting the Website, you undertake that you will comply with all applicable laws, and you further warrant that:
(a)you have the ability and means required to access the Website and use it;
(b)you have checked that the IT configuration used by you does not contain any viruses or other harmful code and is in full working order; and
(c)you will keep confidential (and are consequently liable for the use and security of) access codes and passwords which the Company may send you to access specific sections of the Website. The Company reserves the right to suspend your access to the Website in the event of fraudulent use or attempts at fraudulent use of that access.
4. HYPERTEXT LINKS
4.1 Activation of links
Any links to third party websites are offered to users of this Website for convenience only. Please consult the terms and conditions and policies of those websites to understand their practices. The decision to follow any such links is solely your own, and you agree the Company has no liability to you in relation to such links or third party websites. We may modify or delete a link on our Website at any time.
4.2 Link authorisation
If you wish to create a hypertext link to this Website, you must obtain prior written authorisation from the Company using the contact details at the end of this document.
5. INFORMATION ON THIS WEBSITE
5.1.1 The Company makes this Website available in order to provide general information relating to its activities. The Company may modify the information contained on this Website (Information) at any time and without prior notice.
5.1.2 Subject to the Non-excludable Obligations (defined at Section 6.1), the Information is provided on an “as is” basis with no warranties as to content quality. You agree that you will not rely on the Information, and you acknowledge that, except in relation to any Non-excludable Obligation, and otherwise to the extent permitted by law, the Company:
(a)does not warrant or guarantee the timeliness, currency, accuracy, completeness, merchantability or fitness for a particular purpose of the Information;
(b)takes no responsibility for any error, omission or defect contained in the Information; and
(c)is not obliged to update the Information or correct any inaccuracy which may become known to it.
5.1.3 Except in relation to any Non-excludable Obligation, and otherwise to the extent permitted by law, the Company will not be liable for any loss, liability, cost or expense arising from your reliance on or use of the Information (except for liability arising directly from any negligence, fraud, wilful misconduct or breach by the Company).
5.1.4 The Information shall not be deemed a recommendation to use information, products, procedures, equipment or formulae contravening a patent, copyright or registered trade mark. Except in relation to any Non-excludable Obligation and otherwise to the extent permitted by law, the Company declines any explicit or implicit liability in the event that use of the Information contravenes a patent, copyright or registered trade mark.
5.1.5 The Company and all directly or indirectly owned subsidiaries or affiliates of the Company and any company within the TotalEnergies group categorically rejects any interpretation that may assimilate the content of its websites to purchase offers or incitements to acquire shares or other listed or unlisted negotiable securities of TotalEnergies S.E. or any company of the TotalEnergies group.
5.2 Forward-looking statements
5.2.1 The Information may contain forward-looking statements concerning the financial position, operating results, activities and industrial strategy of the Company, TotalEnergies S.E. and/or companies of the TotalEnergies group. Such statements are subject to risks and uncertainties. These statements are based on the beliefs and assumptions of management and on the information currently available to management. Forward-looking statements include information concerning forecasts, projections, anticipated synergies, and other information concerning possible or assumed future results and may be preceded by, followed by, or otherwise include the words “believes”, “expects”, “anticipates”, “intends”, “plans”, “targets”, “estimates” or similar expressions. Forward-looking statements are not assurances of results or values. They involve risks, uncertainties and assumptions. Future results may differ materially from those expressed in these forward-looking statements. Many of the factors that will determine these results and values are beyond the Company’s ability to control or predict.
5.2.2 The Company does not undertake and is not required to update or revise such forward-looking statements, in particular as a result of new information or subsequent events or other factors. Additional information concerning material factors that may have an effect on the financial results of the TotalEnergies group may be consulted in documentation filed with the French Autorité des marchés financiers (AMF) and the United States Securities and Exchange Commission (SEC) or other competent authority.
The Company does not guarantee that the Website will operate without interruption or that the servers ensuring access to it operate and/or the third party sites to which hypertext links refer do not contain viruses or other harmful code.
6.1 Consumer guarantees
To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these General Terms and Conditions of Use. However, if a supply under these General Terms and Conditions of Use is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth) and any equivalent law), nothing contained in these General Terms and Conditions of Use excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law (or any other law), the exclusion, restriction or modification of which would contravene that law or cause any term of this agreement to be void ("Non-excludable Obligations").
6.2 Limitation and exclusion of liability
Except in relation to Non-excludable Obligations, our liability to you arising directly or indirectly under or in connection with these General Terms and Conditions of Use or otherwise in connection with or in any way relating to the Website, and whether arising under any indemnity, statute, in tort (for negligence or otherwise) or on any other basis in law or equity, is limited as follows:
(a) we exclude all liability to you for loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits, or any indirect, consequential or special loss, damage, cost or expense or other claims for consequential compensation, incurred by or awarded against you under or in any way connected with these General Terms and Conditions of Use or otherwise in connection with or in any way relating to the Website, except for any liability directly arising from any negligence, fraud, wilful misconduct or breach by the Company; and
(b) our total aggregate liability to you under or in any way connected with these General Terms and Conditions of Use or otherwise in connection with or in any way relating to the Website, is otherwise limited (except for any liability directly arising from any negligence, fraud, wilful misconduct or breach by the Company) to the greater of:
(i) AUD$10; and
(ii) the total amounts you have paid to us for the services the subject of the relevant claim.
7. OUR COMMITMENT TO SECURITY
Although we will take reasonable steps to protect your security (including by encrypting your personal information using SSL technology so that it cannot be read as it travels across the Internet), no information sent over the Internet can be 100 percent secure, and we can never guarantee the security of any information you send to us or receive from us via the Internet.
Please be careful and responsible whenever you are using the Internet and the Website (including by installing appropriate anti-virus software on your own systems) and let us know about any security breach immediately.
8. UPDATES OF GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE AND APPLICABLE LAW
The Company may update these General Terms and Conditions of Use of the Website at any time by posting any changes at this Website, without providing notice to you. Consequently, we invite you to regularly refer to the latest General Terms and Conditions of Use in effect to keep abreast of any changes.
These General Terms and Conditions of Use are subject to the law of the State of Victoria, Australia and you accept the exclusive jurisdiction of the courts of Victoria, Australia for any dispute between you and the Company.
This site may be accessed from Australia or overseas. TotalEnergies group makes no representations that the content of this Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.
9. CONTACT DETAILS
If you have any query about the Website, please contact us by email at [email protected] or by post at
TotalEnergies Marketing Australia Pty Ltd
Level 23 / 600 Bourke Street
Melbourne VICTORIA 3000