Terms and Conditions
Your Agreement is with Overwatch Energy.
Welcome to the Overwatch Energy website. These are the terms that govern your use of this website.
Ownership of This Website
This website is owned by Overwatch Energy and operated by Overwatch Energy and its suppliers. All of the content featured or displayed on this website, including, but not limited to text, graphics, photographs, moving images, sound and illustrations, is owned by or used under license or permission by Overwatch, its participating clients, its licensors and its content providers or is wholly owned by its clients. All elements of this website including, but not limited to the general design and the content are protected by copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or any other agreement with Overwatch, no portion or part of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of Overwatch, its clients or its licensors unless otherwise expressly agreed. You shall indemnify Overwatch, its subsidiaries, its affiliates, and its clients against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND OVERWATCH EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. OVERWATCH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT OVERWATCH, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE.
Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither Overwatch nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages.
Overwatch uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content’s accuracy, correctness or reliability.
There may be links to other websites from the Overwatch website; however, these other websites are not controlled by Overwatch and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Overwatch regarding the inclusion of links to outside websites or your use of those websites.
Some jurisdictions may not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
This Agreement shall be interpreted, construed and governed by the laws of the State of Victoria, Australia. The jurisdiction for all disputes arising under this Agreement shall lie exclusively in the courts of the State of Victoria. Users of this website agree that any and all disputes arising from the use of this website shall be settled by binding arbitration.
Notwithstanding the foregoing, however, Overwatch shall have the right to commence and prosecute any legal or equitable action or proceeding before any court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Overwatch, such action is necessary or desirable.
No Waiver or Severability
No action of Overwatch, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use. Should any clause of these Terms and Conditions of Use be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms and Conditions of Use, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Overwatch and you relating to your use of this website.