Terms of use

Hysata Pty Ltd (“Hysata”, “we”, “us”), our website (the “Site”) and all related services are provided to you in accordance with the following Terms of Use.

1. Who we are

Hysata is the trading name of Hysata Pty Ltd, a company registered in Australia with ABN 65 649 893 578 and principal place of business at 1 Darcy Road, Pork Kembla NSW 2505, Australia.

2. Acceptance of, and modifications to, these Terms of Use

By using this Site, you acknowledge and agree that you have had an opportunity to read and understand all of the terms and conditions of use (Terms of Use) and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use the Site.
We may, from time to time, update or amend these Terms of Use in our sole discretion. You should therefore carefully check these Terms of Use on each Site visit to ensure you understand the terms that apply to your use of the Site at that time. Any amendments to these Terms of Use will be posted on the Site and will take effect immediately. If you continue to use the Site following the posting of any changes to the Terms of Use you accept those changes. You can check when these Terms of Use were last updated by referring to the “Last Modified” date.

3. Privacy

Any personal information which we collect through the Site will be handled in accordance with our Privacy Policy. By using the Site, you acknowledge and agree that you have had an opportunity to read and understand our Privacy Policy

4. Use of the site

You must use the Site only in accordance with and subject to these Terms of Use. You must not knowingly or recklessly use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes or may have the effect of infringing the rights of Hysata or others. You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site and the contents and materials provided therein.
Notwithstanding anything in these Terms of Use, certain legislation including the Competition and Consumer Act 2010 (Cth), may imply warranties, conditions or guarantees or impose obligations or remedies which cannot be excluded, restricted or modified except to a limited extent. Such legislation may, for example, impose non-excludable guarantees that goods are of acceptable quality or that services will be rendered with due care and skill (with certain remedies available to consumers for certain breaches of such guarantees). To the extent that such legislation applies, these Terms of Use must be read subject to those statutory provisions and nothing in these Terms of Use is intended to alter or restrict the operation of such provisions.
Notwithstanding any other rights or restrictions in these Terms of Use, you may not use this Site to:
(a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of this Site or otherwise in response to specific requests for information by us;
(b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code;
(c) obtain unauthorized access to any computer system;
(d) impersonate any other person, including but not limited to another user of this Site, or an employee of Hysata;
(e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity;
(f) misrepresent the identity of a user of this Site or use a false e-mail address;
(g) tamper with or obtain access to this Site or any component of this Site;
(h) conduct fraudulent activities;
(i) collect or harvest information regarding any third party, Hysata employee, or other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail;
(j) upload or send any content that is, or may be reasonably considered likely to be, material that is false or misleading, abusive, harassing, threatening, defamatory, offensive, humiliating, vulgar, obscene, pornographic, racist, discriminatory or invasive of another’s privacy; or
(k) contravene any applicable laws, regulations, codes or standards.

5. Accuracy of the content of this site

The information on this Site is believed to be complete and reliable at this time of writing; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies.
The inclusion of any products or services on this Site at a particular time does not guarantee that those products or services will be available. We may update and change the Site from time to time to reflect changes to our products and our business priorities.
We will try to give you reasonable notice of any major changes but this is not always possible.

6. Intellectual property

All intellectual property rights (including, without limitation, copyright, trademarks, patents, design rights, content, materials, logos, graphics, button icons, page headers and all other forms of intellectual property rights existing in the world) in the Site are owned or licensed by Hysata. Nothing in these Terms of Use constitutes a transfer of any intellectual property rights.
You must not do anything which breaches or otherwise interferes with our intellectual property rights or the intellectual property rights of any entity whose content is displayed on the Site (Content Provider) or any of our other third party licensors.
You must not sell, license, rent, modify, alter, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. You also agree that you will not use the content and materials on the Site for any purpose not expressly allowed in these Terms of Use. In particular, you must not use any part of the content on our Site for commercial purposes.
For all remarks, suggestions, ideas, graphics, or other information communicated by you to us via the Site (collectively, a “Submission”), you hereby grant to Hysata a perpetual, worldwide, royalty-free, non-exclusive, transferable license, with the right to sublicense, to use and exploit such Submissions. We will not be required to treat any Submission, in whole or in part, as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services, or operations.

7. Links to third party websites

Our Site may contain third party content, including links to third party websites where content is not controlled or monitored by Hysata (Third Party Content). The appearance of Third Party Content does not imply Hysata’s endorsement of that Third Party Content or Hysata’s endorsement of any products offered or services provided by any third party. We have no control over, and are not responsible for, any Third Party Content or links to a third party website.
You access and use Third Party Content and third party websites (including those linked on our Site) at your own risk and, to the fullest extent permitted by law (subject to clause 8) we disclaim all guarantees and warranties, express and implied, as to the accuracy, content, value, legality or any other aspect of any Third Party Content or information contained on third party websites. You should carefully review and comply with the terms of use and privacy policies of all external websites that you visit.

8. Disclaimer, warranties and liability

As a consumer, you have certain rights under consumer protection laws (Consumer Rights). Nothing in this Agreement is intended to exclude, restrict or modify any of your Consumer Rights, including by limiting our liability or imposing liability on you in a manner which would be considered unfair under the relevant consumer protection laws. The limitations on and exclusions of Hysata’s liability contained in this Agreement apply only to the full extent permitted by law
We do not give any express warranty or guarantee as to the suitability, reliability or availability of our products and services, or of the content on our Site. Subject to your Consumer Rights, we do not give any implied warranties or guarantees.
To the maximum extent permitted by law, we disclaim, without limitation, all liability for all damage, liability, costs or loss, including direct, indirect or consequential losses, however caused, in connection with your use of the Site or your use of or reliance upon any of the information, services or materials contained in the Site or provided by the Site to you. Hysata’s liability for all claims arising under or related in any way with these Terms of Use, no matter how arising, and whether in contract, tort (including negligence), or otherwise, will not exceed $500 AUD.
You agree to indemnify Hysata and its officers, employees and agents from and against reasonable liability, loss, damage, costs and expense (including, without limitation, reasonable legal expenses on a reasonable basis) and penalties incurred or suffered by any of them arising out of:
(a) your material breach of these Terms of Use;
(b) any misuse or use of the Site content by you in breach of these Terms of Use; and
(c) any act of fraud or wilful misconduct by or on behalf of you.
To the extent permitted by law, your liability to us under or in connection with your use of the Site is reduced to the extent, if any, to which our acts or omissions cause or contribute to our own loss or damage.

9. Engaging with Hysata

We aim to:
(a) Acknowledge receipt of all complaints; and
(b) Resolve all complaints within a reasonable period of time.
If you wish to raise a dispute or submit a complaint to us, you should do so by contacting us using the details listed below. Disputes should be raised with us as soon as possible.
We may request additional documentation from you to assist us in resolving any complaints or disputes, and you must provide all reasonable assistance to us to facilitate us in resolving any complaints or disputes. Where we cannot resolve a dispute within a reasonable period of time, we will notify you of the reason for the delay as well as an indication of when we expect to resolve the complaint or dispute.

10. Website availability and access

We try our best to offer the Site without interruption however this may not always be possible and we may alter, suspend, or discontinue this Site in whole or in part, from time to time. We will, where reasonably practicable and possible, endeavour to provide you with prior notice of such modifications, discontinuations or disabling by posting such notice on the Website. However, you accept that it may not always be possible to provide such prior notice.
We may, in our sole discretion, terminate or suspend your use of or access to all or part of the Site or your account with notice, or without notice where there are serious grounds for doing so, for example if you breach these Terms of Use.

11. General

(a) Each paragraph of these Terms of Use operates separately. If any court or relevant authority decides any part of these Terms of Use is unlawful, the remaining paragraphs will remain in full force and effect.
(b) Even if we delay in enforcing these Terms of Use, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
(c) Any failure by Hysata to exercise or enforce any one or more of its rights under these Terms of Use will not constitute a waiver of such rights unless such waiver is granted to you in writing.
(d) The section headings contained in these Terms of Use are included for convenience only and do not affect the terms of these Terms of Use.
(e) We may transfer our rights and obligations under these Terms of Use to another organisation. We will tell you if this happens and we will ensure that the transfer will not affect your rights under the Terms of Use.
(f) These Terms of Use are governed by the laws of New South Wales, Australia, and any dispute, difference or question arising out of or in connection with these Terms of Use, this Site or its Content shall be subject to the non-exclusive jurisdiction of the courts in and of the State of New South Wales, Australia.