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Terms of Use

This website (Site) is operated by ASCo (Investments) Pty Ltd T/A The Energy ACN 665 471 456 (The Energy, we, our or us). It is available at theenergy.co and may be available through other addresses or channels.

Consent

By accessing and/or using our Site, you agree to these terms of use and our Privacy Policy (Terms). Please read these Terms carefully and immediately cease using our Site if you do not agree to them.

Variations

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Site. We recommend you check our Site regularly to ensure you are aware of our current terms. Materials and information on this Site including but not limited to news, reports, newsletters, data services, market intelligence, presentations, discussions, conference summaries, blogs, user content, subscriptions to services and educational materials (Content) are subject to change without notice. We do not undertake to keep our Site up-to-date and we are not liable if any Content is inaccurate or out-of-date.

Licence to use our Site

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

Prohibited conduct

You must not do or attempt to do anything that is unlawful, prohibited by any laws applicable to our Site which we would consider inappropriate, or which might bring us or our Site into disrepute, including (without limitation):

  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
  2. using our Site to defame, harass, threaten, menace or offend any person;
  3. interfering with any user using our Site;
  4. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;
  5. exploit the Site for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, promotional materials, "spam" or any other materials that are contrary to our commercial or lawful interests);
  6. post or transmit any material for fraudulent purposes in connection with any criminal offence or any other unlawful activity;
  7. post or transmit false or misleading material or make any form of misleading or deceptive representation;
  8. delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website;
  9. impersonate any person or entity;
  10. using our Site to send unsolicited email messages; or
  11. facilitating or assisting a third party to do any of the above acts.

Exclusion of competitors

You are prohibited from using our Site, including the Content, in any way that competes with our business.

Information

The Content contained on our Website is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Intellectual Property rights

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Site and all of the Content. Your use of our Site and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Site or the Content. You must not:

  1. copy or use, in whole or in part, any Content;
  2. reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party;
  3. provide access or links to any material which may infringe the intellectual property rights of another person;
  4. use the logo or trademarks from the Content or on our Site;
  5. systematically download or "scrape" any Content; or
  6. breach any intellectual property rights connected with our Site or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

You agree to take all actions and do all things reasonably necessary or desirable to protect our intellectual property rights, title and interest in the Content and the intellectual property rights of any third party.

No part of our Site may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.

User Content

You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.

You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:

  1. you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
  2. neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

To the full extent permitted by law, you consent to us (and all persons authorised by us) doing anything in relation to your User Content which would otherwise constitute an infringement of your moral rights that you may have in the User Content. To the extent that a waiver, rather than a consent, is required in any jurisdiction, then you waive any moral rights you may have.

We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.

Notwithstanding our right to monitor, review and edit any User Content, we are not obliged to do so. We accept no responsibility or liability for any User Content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any User Content of any other user, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any User Content.

Login

In the event that you wish to access various areas or sections of our Site including to sign up for a subscription or for premium services, we may issue to you a unique username and password, or other method of access at the sole discretion of The Energy (the Login).

You agree that:

  1. the Login is required to access certain Content and other sections of the Site including signing up for subscription plans;
  2. you may not access certain Content without having:
    1. first been issued the Login; and
    2. if applicable, paid, arranged to pay or having had paid on your behalf, service fees and charges that we specify (if any) for your access to the Content;
  3. the Login is non-transferable;
  4. you shall not disclose the Login to any other person;
  5. you shall keep the details of the Login safe and confidential;
  6. you accept all liability for any activities whatsoever conducted using the Login; and
  7. you shall not use a Login that has been issued by us to some other person.

You agree that The Energy may from time to time and at The Energy’s sole discretion:

  1. revoke, vary, suspend or cancel the Login;
  2. carry out maintenance or other work on the Site, that may limit or deny access to you; or
  3. limit or deny access to the Site or part of the Site, for any reason.

Third party sites

Our Site may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You should make your own investigations with respect to the suitability of those websites.

Links to other websites

Our Site may contain links to sites on the world wide web owned and operated by third parties and which are not under the control of The Energy (External Web Sites). In relation to External Web Sites, which are linked to the Site, The Energy:

  1. provides the link or links to External Web Sites as a convenience to you and the existence of a link or links to External Web Sites does not imply any endorsement by The Energy of the External Web Sites;
  2. is not responsible for the material contained on those External Web Sites; and
  3. makes no warranties and accepts no liability in relation to:
    1. material contained on those External Web Sites; and
    2. functionality or the existence of any virus.

Breach

We may suspend, limit or terminate your access to the Site (at our discretion) if we reasonably suspect that you are in breach of these Terms.

If we reasonably suspect that you are in breach of these Terms, we may take steps to block any access to or use of our Content and prosecute you to the full extent allowable by law.

Discontinuance

We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

Acknowledgement

You acknowledge and agree that:

  1. the Site and Content are protected by copyright, and you do not acquire any ownership rights or intellectual property rights by downloading or copying the Content, or part thereof, from the Website;
  2. although we have taken all reasonable steps to ensure that the Content are accurate, we do not make any warranties about the Content, including without limitation any warranty that the Content is complete or error-free;
  3. you will not rely on any of the Content without first making independent enquiries to verify facts;
  4. the Site is provided on an ‘as available’ basis. You agree that the Site may be interrupted for maintenance and repairs, or for any other reason and that access to any Content cannot be guaranteed.

Warranties and disclaimers

To the maximum extent permitted by law, we make no representations or warranties about our Site or the Content, including (without limitation) that:

  1. they are complete, accurate, reliable, up-to-date and suitable for any particular purpose;
  2. access will be uninterrupted, error-free or free from viruses;
  3. errors and defects will be corrected; or
  4. our Site will be secure.

You read, use and act on our Site and the Content at your own risk.

You and The Energy further agree that to the fullest extent permitted by law:

  1. the Content and any other materials whatsoever appearing on the Site are provided on an “as is” basis without warranty of any kind, express or implied;
  2. so far as permitted by law, we exclude all conditions and warranties relating to the Content and the Site; and
  3. we do not warrant or guarantee the accuracy, completeness, merchantability, or fitness for purpose of the Content and the Site.

Limitation of liability

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent (Liability) suffered by you or any third party, arising from or in connection with your use of our Site and/or the Content and/or any inaccessibility of, interruption to or outage of our Site and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.

Indemnity

To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our Site or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.

Termination

These Terms are effective until terminated by us, which we may do so immediately if:

  1. you fail or refuse to make, or we does not receive in full and in cleared funds, any payment of any service fee or any part of any service fee; or
  2. you breach any term or condition of these Terms and fail to remedy such breach to our satisfaction within 7 days of notification from us.

In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

On termination of these Terms:

  1. you must not access or attempt to access the Site; and
  2. we may immediately deny you access to Site, or any other part of the Site, at our sole discretion.

Disputes

In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

Assignment

These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by The Energy without restriction.

Severance

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Jurisdiction

Your use of our Site and these Terms are governed by the laws of New South Wales. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our Site may be accessed throughout Australia and overseas. We make no representation that our Site complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Site from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

General

The disclaimers, limitations on liability and indemnities in these Terms continue notwithstanding discontinuation or suspension of your access to the Site.

The Energy’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. A waiver is not effective unless it is in writing. A single or partial exercise or waiver of a right under these Terms does not prevent any other exercise of that right, or the exercise of any other right.

Contact

For any questions and notices, please contact us at:

ASCO (Investments) Pty Ltd ACN 665 471 456 T/A The Energy
Email: [email protected]

Last updated: 2 April 2025