SITE TERMS AND CONDITIONS OF USE

Welcome to the Insnrg® website, https://insnrg.com (the “Site”). This Site is operated by Insnrg Techne Pty Ltd ACN 618 769 314 (“Insnrg®,” “we” or “us”). Please read these Site Terms and Conditions of Use (these “Terms of Use”) as they, together with any additional terms to which you agree when using particular elements of the Site, constitute the entire agreement between you and Insnrg regarding the Site and set forth the legally binding terms governing your visit(s) to the Site. These Terms of Use apply to all persons who visit the Site, regardless of their level of participation.

By using the Site, you agree that you have read, understand and accept these Terms of Use and you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

By using the Site, you also agree that you will not use the Site for any purpose that is unlawful or in contravention of these Terms of Use. Insnrg reserves the right to change these Terms of Use from time to time without notifying you. If you object to any such changes, your sole recourse shall be to cease using this Site. Continued use of the Site following the effective date of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Insnrg may cease all or part of the Site at any time without notice and is not obligated to retain or return any post or comment. If you do not agree to any of these Terms of Use, please do not use the Site.

Insnrg® products are supplied in Australia and New Zealand and other countries sold directly or via authorised re-sellers who are independently owned and operated businesses authorised to sell and install various products under a license from Insnrg. Insnrg is the product manufacturer and Insnrg and its affiliates are completely separate from the independent re-sellers. These re-sellers are not owners, employees or agents of Insnrg or its affiliates, have no right or authority to bind Insnrg or its affiliates, and are not authorised to make any claims regarding Insnrg® products that are not contained in Insnrg® literature supplied by Insnrg or its affiliates. Neither Insnrg nor any of its affiliates is responsible or liable in any way for the actions or omissions of these re-sellers or any related damage to persons, property or Insnrg® products. Before entering into a contract with a dealer of Insnrg® products, retail purchasers are advised to undertake their own research and investigation regarding the dealer and to obtain independent legal advice regarding any contract and payment plan proposed. Any statements (whether written, oral or electronic) that assert any relationship between Insnrg or its affiliates and its re-sellers contrary to this notice are expressly disclaimed by Insnrg and its affiliates and should be disregarded.

INSNRG AND ITS AFFILIATES HEREBY DISCLAIM ANY AND ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY RE-SELLER OR ANY OTHER PERSON OR ENTITY WHO SELLS, INSTALLS, REPAIRS OR SERVICES PRODUCTS MANUFACTURED BY INSNRG, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DAMAGE TO ANY INSNRG® PRODUCT OR OTHER DAMAGES CAUSED BY SUCH DEALER OR OTHER PERSON OR ENTITY.

Insnrg offers a separate manufacturer’s limited warranty to retail purchasers of specific Insnrg® products (the “Limited Warranty”). The Limited Warranty is separate and apart from any other or additional warranty or guarantee offered by any person or entity (including without limitation a dealer) who sells, installs, repairs or services products manufactured by Insnrg. A copy of our warranties can be found on this Site.

Insnrg provides the following notices to all buyers with respect to information and illustrations contained on the Site and/or in any brochures, information sheets or other marketing materials (collectively, “Published Information”):

• Product measurements, dimensions and power are approximate and may vary due to enhancements in the manufacturing process made after publication. Product measurements and dimensions are provided as a guide and may vary to some extent from actual product measurements and dimensions.
• Information contained in articles, blogs, forums, customer testimonials, certificates of recommendation, Re-seller pages and other Published Information may contain inaccuracies or typographical errors.

INSNRG® and all other trademarks displayed on the Site are owned or used under license by Insnrg, including without limitation product names, slogans, logos and emblems. The unauthorised use of any trademark displayed on the Site is strictly prohibited.

Insnrg reserves the right to change, modify, suspend, discontinue or permanently cancel the Site’s operation or portions thereof, including without limitation with respect to product specifications or prices, at any time and from time to time without notice and without incurring any obligations. Your use of the Site after any changes are posted will be considered acceptance of such changes.

For an explanation of privacy policies and practices regarding information that we may collect from you in connection with your use of the Site and/or otherwise, you should review the Insnrg Privacy Policy on this Site, the terms of which are incorporated herein by reference. By using the Site, you are agreeing to this Privacy Policy and you will be bound by the terms of such Privacy Policy.

By using the Site, you agree that you will defend, indemnify and hold harmless Insnrg, its affiliates and all related advertising and promotions agencies, together with the respective affiliates, employees, agents, directors, officers, managers, members and shareholders of each of the foregoing, from and against any liabilities, claims, damages and expenses (including reasonable attorneys’ and/or lawyers’ fees and costs) arising out of your use of the Site, your breach or alleged breach of these Terms of Use, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. Insnrg and its affiliates reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you agree to cooperate with Insnrg and/or its applicable affiliate in its defence of such claim.

Insnrg may at any time revise these Terms of Use by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms of Use from time to time.

The Site and all the information it contains is provided for information purposes only on an “as is” basis and could include technical, typographical or other errors. In certain areas, the information provided may represent an opinion or judgment.

Insnrg, its affiliates, information providers and their respective affiliates and agents make no warranties, conditions, representations, or guarantees of any kind, express or implied, including without limitation as to the accuracy, currency or completeness of information, materials or content, the availability of products or the operation of the Site. To the extent permitted by applicable law, Insnrg and its affiliates disclaim all warranties and conditions, express or implied, including without limitation implied warranties or conditions of merchantability and fitness for a particular purpose. Insnrg is not responsible for the content of any site linked to the Site and is not directly or indirectly implying any approval, endorsement or affiliation with any linked site.

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INSNRG, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SHAREHOLDERS, MEMBERS, MANAGERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. INSNRG, ITS INFORMATION PROVIDERS AND THEIR RESPECTIVE AFFILIATES AND AGENTS MAKE NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE; (3) UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; AND/OR (6) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE. INSNRG DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY WEBSITE HYPERLINKED OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND INSNRG WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NONE OF INSNRG, ITS AFFILIATES, INFORMATION PROVIDERS OR THEIR RESPECTIVE AGENTS IS PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.

These Terms of Use, together with any additional terms to which you agree when using particular elements of the Site, constitute the entire agreement between you and Insnrg regarding the Site and any services provided hereon, and supersede all prior or contemporaneous communications, whether electronic, oral or written between you and us with respect to the Site or the services provided on the Site. The Site is operated from Australia. These Terms of Use are governed by, and construed in accordance with, the laws of Queensland, Australia, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. If a court determines that any term or condition in these Terms of Use is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in force and effect. Insnrg’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. All lawsuits arising from or relating to these Terms of Use shall be brought in the Federal or State courts located in Brisbane, Queensland, Australia, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.