Privacy Policy

 

EnyGy Ltd is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

 

We have adopted the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure and dispose of your Personal Information.

 

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Australian Information Commissioner at www.aoic.gov.au

 

What is Personal Information and why do we collect it?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect include: names, addresses, email addresses, phone and facsimile numbers.

 

This Personal Information is obtained in many ways including by telephone, by email, via our website www.enygy.com, from your website, from media and publications, from other publicly available sources, from cookies and from third parties. We don’t guarantee website links or policy of authorised third parties.

 

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

 

When we collect Personal Information, we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

 

Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual's racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record, or health information.

 

Sensitive information will be used by us only:

 

• For the primary purpose for which it was obtained

• For a secondary purpose that is directly related to the primary purpose

• With your consent; or where required or authorised by law.

 

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

 

Disclosure of Personal Information

Your Personal Information may be disclosed in a number of circumstances including the following:

 

• Third parties where you consent to the use or disclosure; and

• Where required or authorised by law.

 

Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification, or disclosure.

 

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

 

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

 

EnyGy Ltd will not charge any fee for your access request, but may charge an administrative fee for providing a copy of your Personal Information.

 

In order to protect your Personal Information, we may require identification from you before releasing the requested information.

 

Maintaining the Quality of your Personal Information

It is important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

 

Policy Updates

This Policy may change from time to time and is available on our website.

 

Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact us at: 6/45-53 Duerdin Street, Notting Hill, VIC, 3168

Info@enygy.com.

​

​

Terms and Conditions

​

These Terms and Conditions ("Terms") govern your use of our website ("Website") and any related services provided by us.

​

By accessing or using our Website, you agree to be bound by these Terms, including our Privacy Policy incorporated herein by reference. If you do not agree to these Terms, do not use the Website.

​

Intellectual Property

The Website and its original content, features, and functionality are owned by us and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

​

Links to Other Websites

Our Website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

 

Termination

We may terminate or suspend your access to our Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

Indemnification

You agree to indemnify and hold harmless us and our affiliates, directors, officers, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Website or any violation of these Terms.

​

Limitation Of Liability

In no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

​

Disclaimer

Your use of the Website is at your sole risk. The Website is provided on an "AS IS" and "AS AVAILABLE" basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

​

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

​

​

Terms of Sale

​

Provisions

All sales, supplies, and associated services are subject to these Terms and Conditions. Deviation from these Terms and Conditions requires explicit written consent from enyGy. These Terms and Conditions, together with any Quotation or Invoice issued by enyGy that references or incorporates them, constitute an offer or counteroffer by the Seller to sell the goods and/or services described in the Seller's Quotation or Invoice to the customer to which this offer is addressed (“Customer”) in accordance with these Terms and Conditions.

 

By purchasing, the Customer acknowledges and agrees that they are entering into a contract for the supply of goods or services, other than those of a kind ordinarily acquired for personal, domestic, or household use or consumption as defined by Australian Consumer Law.

 

Acceptance of shipment or payment by the Customer constitutes acceptance of these Terms and Conditions.

 

Cancellation

No order may be canceled or altered by the Customer except upon terms and conditions acceptable to the Seller, as evidenced by the Seller's written consent. In the event of such an approved cancellation by the Customer, the Seller shall be entitled to payment of the full price, less the amount of any expenses saved by the Seller due to the cancellation.

 

Prices and Payment

All prices are subject to change upon notice; and the price of goods on order but unshipped may be adjusted to the price in effect at the time of shipment. After receiving notice of a price change, the Customer is entitled to withdraw from the purchase by giving written notice to the Seller, provided such notice is received prior to shipment. Interest will be charged at the highest rate permitted by applicable law on accounts that are past due.

 

Taxes and Charges

Any Customer outside of Australia will be responsible for local clearance charges, as well as any duty, GST, or other applicable taxes that may be payable.

 

Delivery and Force Majeure

Customer acknowledges that delivery may be subject to export and import restrictions regarding the use of goods or related technologies in foreign countries. Seller's order fulfillment is subject to the condition that there are no obstacles due to national and/or international export and import laws.

 

Customer shall bear all risks of loss or damage in transit. Claims for loss of or damage to goods in transit must be made to the carrier and not to the Seller. Claims for shortages or other errors in delivery must be made in writing to the Seller within 5 calendar days after receipt of the shipment, and failure to make such claims within said time period shall constitute unqualified acceptance and a waiver of all such claims by the Customer.

 

The Seller reserves the right to make delivery in installments unless otherwise expressly agreed by the Seller. All such installments shall be separately invoiced and paid for when due per invoice, without regard to subsequent deliveries. Delay in the delivery of any installment shall not relieve the Customer of its obligations to accept remaining deliveries.

 

Storage

If the goods are not shipped within 15 calendar days after notification to the Customer that they are ready for shipping, for any reason beyond the Seller's reasonable control, including the Customer's failure to give shipping instructions, the Seller may store such goods at the Customer's risk in a warehouse or yard or upon the Seller's premises. The Customer shall pay all handling, transportation, and storage costs at the prevailing commercial rates upon submission of invoices for such costs.

 

Changes and Shortage of Supply

Seller may, at any time, make such changes in design, materials, and/or construction of goods as shall constitute an improvement in the judgment of the Seller. Seller may furnish suitable substitutes for materials unobtainable because of priorities or regulations established by governmental authority or non-availability of materials from suppliers.

 

If the Seller is unable to meet binding delivery deadlines for reasons due to the non-availability of the supply and/or service pertaining to materials from suppliers for which the Seller is not responsible, the Seller shall inform the Customer of this without delay and at the same time inform the Customer of the anticipated new delivery deadline. If the service/supply is also not available within the new delivery deadline, the Seller shall be entitled to withdraw from the Contract in whole or in part; any consideration already received from the Customer shall be refunded without delay.

 

Warranty; Disclaimer

In addition to its standard warranty and/or service guarantee, the Seller warrants that all goods supplied shall:

 

• Be free and clear of all liens, security interests, and encumbrances, with good and merchantable title to such goods being in the Seller.

• Be new and unused.

• Be free from any defects in design, material, or workmanship and of good and merchantable quality.

• Conform to the Customer’s specifications or the sample approved by the Customer, as the case may be, and be fit for the known purposes for which purchased.

• Comply and have been produced, processed, packaged, labeled, delivered, and sold in conformity with all applicable national, federal, state, local, and other laws, rules, regulations, and orders.

 

Additionally, the Seller warrants that all services will be performed timely, properly, and in a good manner. The foregoing warranties shall survive inspection, delivery, performance, and payment and shall run in favor of the Seller and its customers, whether direct or indirect.

 

Returns

Goods may be returned to the Seller only if and when the Customer obtains the Seller's advance written permission, upon terms acceptable to the Seller. Returned goods must be securely packaged to reach the Seller without damage and must be properly identified.

 

Limitations of Liability; No Consequential Damages; Indemnity

Unless specifically agreed otherwise, the Customer is responsible for compliance with all laws and regulations regarding the transport, storage, and use of the goods.

 

The Seller's liability with respect to the goods and/or services sold shall be limited to the warranty provided in the "Warranty; Disclaimer" section of these Terms and Conditions of Sale, and Seller’s standard warranty and/or service guarantee.

 

Technical Information

It is the Customer's responsibility to integrate the goods into applications or systems in which the Customer intends to use the goods. The Customer shall ensure that its employees have all the required technical skills and other competencies for integrating and using the goods for their intended purpose. Datasheets, safety guidelines, product handling instructions, and any other written instructions made available by the Seller to the Customer must be strictly followed. Any such information and/or advice provided by the Seller in written, oral, or any other form shall not relieve the Customer from undertaking their own investigations and tests.

 

Tools

Any tools and/or associated equipment and materials that the Seller manufactures or acquires for the performance of a Contract with the Customer shall remain solely owned by the Seller, notwithstanding any charges for such tools and/or associated equipment and materials. Tool charges convey to the Customer the right to have the tools and/or associated equipment and materials used by the Seller for the performance of a Contract, but they do not convey title or the right of possession. The Seller shall be responsible for the routine maintenance and repair of such tools and/or associated equipment and materials. Major overhauls, replacements, or changes shall be charged to the Customer.

​

Product Recall

If enyGy is the subject of a request, court order, or other directive of a governmental or regulatory authority to withdraw any goods, products or services from the market (Recall Notice), it shall immediately withdraw the relevant goods, products or services from the market. EnyGy undertakes to maintain appropriate, up-to-date, and accurate records to enable the immediate recall of any goods, products or services from the market.

​

​

Terms of Purchase

 

​

Each Purchase Order (commercial document that outlines the details of a purchase transaction, including the items to be purchased, prices, delivery dates, and terms of sale) issued by enyGy ("Buyer") represents an offer by the Buyer to purchase the goods and/or services described in the Purchase Order from the vendor to which the Purchase Order is addressed (“Vendor”), subject to these Terms and Conditions. In accepting Buyer’s order, the Vendor accepts and acknowledges these Terms and Conditions.

 

Buyer objects to any and all additional and/or different terms contained on any of the Vendor's quotations, acknowledgments, invoices, or other forms, or in any other communications from the Vendor. Any Purchase Order issued by Buyer to the Vendor expires 30 calendar days from its Purchase Order date or upon Buyer’s prior notice of expiration to the Vendor unless goods conforming to this offer are subsequently shipped by the Vendor and accepted by Buyer.

 

Price

All prices are firm, and no additional charges will be allowed unless specifically provided for on the Buyer’s Purchase Order. All time periods for determining payment due dates and availability of discounts commence upon the Buyer’s receipt of an invoice. If the Buyer is to make any payment before receiving the ordered goods, the Vendor grants the Buyer a security interest in those goods and all proceeds of those goods to secure performance of the Vendor's obligations under these Terms and Conditions. The Vendor agrees that the Buyer may file such financing statements or other documents as the Buyer may reasonably consider necessary or appropriate to perfect its security interest.

 

Delivery

Vendor shall deliver the goods in the quantities and at the prices specified on Buyer’s Purchase Order or in any document attached to or referenced in the Purchase Order. Failure of the Vendor to comply with these requirements shall entitle the Buyer, in addition to any other rights or remedies, to cancel the order for breach and be relieved of all liability for any undelivered portion. Time is of the essence with respect to the Vendor's performance. The Vendor shall not unreasonably anticipate delivery by purchasing materials or components or manufacturing quantities in excess of what is reasonably required to meet the Buyer’s delivery schedule. Goods received in advance of the Buyer’s delivery schedule may, at the Buyer’s option, be returned at the Vendor's risk and expense or be accepted, with payment withheld until after the scheduled delivery date.

 

Delivery is completed upon the completion of unloading of the Products (goods or services offered by the Vendor to the Buyer) specified in the Order at the Delivery Location (designated destination where Products are to be delivered).

 

Breach

In the event that the Vendor breaches any of its obligations under these Terms and Conditions, the Buyer may, at its option, purchase substitute goods or services. The Vendor shall pay to the Buyer the excess of the cost of such substitute goods or services over the purchase price provided in the Buyer's Purchase Order, plus all damages, losses, and expenses incurred by the Buyer as a result of the Vendor's breach. If the Vendor is late in delivering goods or performing services, the Buyer may deduct damages, losses, and expenses resulting from the delay from the purchase price of the goods or services. The Buyer shall not be required to accept replacements or substitutes or to permit the cure of defects in any goods or services rightfully rejected. The Vendor shall be liable for all direct, consequential, indirect, and incidental damages arising from any breach of any of the Vendor's obligations under these Terms and Conditions or any defect in the goods or services furnished. The remedies set forth in this paragraph shall be in addition to, and not in lieu of, any other remedies that the Buyer may have under the applicable Purchase Order or under applicable law.

 

Packing and Shipping

The Vendor shall comply with all applicable laws, regulations, orders, and other instruments relating to the manufacture, packing, packaging, marking, storage, handling, and delivery of the Products. The Vendor shall ensure that the Products are properly packed and secured in a manner to enable them to reach the Delivery Location in perfect condition. All packages should be conspicuously marked with the Buyer's Purchase Order Number.

 

The Vendor shall be liable to the Buyer for all losses, expenses, and damages resulting from the Vendor's failure to act so as to provide adequate protection during shipment. Additional expenses, charges, or claims incurred as a result of deviation from the specified route, non-compliance with other shipping instructions, or improper description of the shipment in shipping documents shall be the Vendor's responsibility.

 

Inspection

All goods are subject to final inspection and approval at the Buyer's facility or another place designated by the Buyer. Such inspection shall be made within a reasonable time after delivery. Notwithstanding any payment that may be made, no goods are to be deemed accepted until the Buyer has had a reasonable opportunity to inspect them.

 

Rejected Items

Buyer may return rejected items at Vendor's risk and expense. Buyer may reject any Products delivered to it that do not comply with the Product Warranty (legally binding assurance provided by the Vendor to the Buyer, promising that the Products will meet certain specified standards of quality, performance, or durability), when a defect is apparent on normal visual inspection, and in the case of a latent defect, within a reasonable time of the latent defect having become apparent, provided that notice of rejection is given to the Vendor. If the Buyer rejects items, the Buyer shall be entitled to require the Vendor to repair or replace the rejected Products, or require the Vendor to repay the price of the rejected Products in full.

 

Changes

The Buyer may, at any time before the delivery date, amend or cancel an order by written notice to the Vendor. If the Buyer amends or cancels an order, its liability to the Vendor shall be limited to payment to the Vendor of all costs reasonably incurred by the Vendor in fulfilling the order up until the date of deemed receipt of the amendment or cancellation. However, the Buyer shall have no liability to the Vendor where the amendment or cancellation results from the Vendor's failure to comply with its obligations under these Terms and Conditions or any other agreement in place between the Buyer and Vendor.

 

Cancellation by Buyer

Buyers shall have the right to cancel and terminate Purchase Orders without cause for their convenience. In such an event, the Buyer's liability shall be limited to the Vendor's actual and substantiated costs of work and materials applicable solely to the canceled order, which shall have been expended before notice of cancellation is received by the Vendor.

​

Risk of Loss

Notwithstanding any applicable terms of shipment, the risk that the ordered goods may be lost, damaged, or delayed in transit shall be borne by the Vendor until actual receipt of them by the Buyer in conformity with these Terms and Conditions.

 

Warranty

In addition to its standard warranty and/or service guarantee, the Vendor warrants that all goods supplied shall:

 

• Be free and clear of all liens, security interests, and encumbrances, with good and merchantable title to such goods being in the Vendor.

• Be new and unused.

• Be free from any defects in design, material, or workmanship and of good and merchantable quality.

• Conform to the Buyer's specifications or the sample approved by the Buyer, as the case may be, and be fit for the known purposes for which they are purchased.

• Comply and have been produced, processed, packaged, labeled, delivered, and sold in conformity with all applicable national, federal, state, local, and other laws, rules, regulations, and orders.

 

Additionally, the Vendor warrants that all services will be performed timely, properly, and in a good manner. These warranties shall survive inspection, delivery, performance, and payment, and shall run in favor of the Buyer and its customers, whether direct or indirect.

 

Non-assignability; Amendments

Vendor shall not assign or sublet the work to be done without the prior written consent of the Buyer; but this provision shall not restrict Vendor in the procurement of component parts or materials. If the order is terminated by the Buyer for its convenience, Buyer's liability to Vendor with respect to such parts or materials shall not exceed the amount for which Vendor would be liable to its supplier or suppliers if such liability were determined on the basis of the "Cancellation by Buyer" paragraph above. No modifications or amendments to these Terms and Conditions shall be valid or binding unless made in writing and signed by an authorized representative of the Buyer or contained in a change order issued by the Buyer.

 

Taxes

Buyers shall not be liable for any national, federal, state, or local taxes, duties, fees, customs, tariffs, charges, or assessments in connection with the sale, purchase, performance, transportation, use, or possession of the goods or services ordered under these Terms and Conditions, except those that may be expressly set forth on the Buyer's purchase order.

 

Infringement; Indemnity

Vendor warrants that neither the goods nor services furnished under these Terms and Conditions, nor the purchase, sale, resale, performance, or use of such goods or services, shall infringe or contribute to the infringement of any patent, copyright, trademark, trade dress, or trade secret in any country or elsewhere. Vendor shall indemnify, defend, and hold harmless Buyer, its successors and assigns, and Buyer's customers, whether direct or indirect, against any and all losses, liabilities, damages, and expenses (including, without limitation, attorneys' fees and other costs of defending any infringement action) which they or any of them may sustain or incur as a result of any breach of this warranty.

 

Vendor shall also indemnify, defend, and hold harmless Buyer, its successors and assigns, and Buyer's customers, whether direct or indirect, against any and all losses, liabilities, damages, and expenses (including, without limitation, attorneys' fees and other costs of defending any action) which they or any of them may sustain or incur as a result of any claim of negligence, breach of warranty or contract, defect, or strict liability in tort in connection with the goods or services furnished under these Terms and Conditions or any breach of these Terms and Conditions by Vendor, except for any such losses caused solely by the negligence of Buyer, its successors and assigns, and/or its customers.

 

Components Disclosure; Special Warnings

If requested by the Buyer from time to time, the Vendor shall promptly furnish to the Buyer, in English and in such form and detail as directed by the Buyer: a bill of materials for or a list of all ingredients, components, or constituents in the goods purchased under these Terms and Conditions; the amount of any one or more of such ingredients, components, or constituents; and information concerning any changes in, additions to, or deletions from any such ingredients, components, or constituents. Prior to and with the shipment of goods purchased under these Terms and Conditions, the Vendor agrees to furnish to the Buyer, in English, sufficient written warning and notice, including appropriate labels on goods, containers, and packaging, of any hazardous material that is an ingredient or a part of any of the goods, together with such special handling instructions in English as may be necessary to advise carriers, the Buyer, and their respective employees on how to exercise that measure of care and precaution that will best prevent bodily injury and property damage in the handling, transportation, processing, use, resale, and/or disposal of the goods, containers, and packaging shipped to the Buyer.

​

​