This General Disclaimer (Disclaimer) shall take effect to the full extent permitted by law.
If the terms of this Disclaimer are inconsistent with the terms of an agreement for services under which Energy Action Limited or any of its related bodies corporate (together, Energy Action) has provided you with advice, data, information, estimates, projections, forecasts or forward-looking statements (Service Agreement), then the terms of that agreement prevail over this Disclaimer to the extent of the inconsistency.
The nature of the services delivered by Energy Action include the provision of information and advice on matters that are incapable of precise determination, subject to subjective interpretation, rapidly changing conditions and other factors beyond the control of Energy Action.
Subject to anything to the contrary stated in a Service Agreement:
(a) no representation or warranty of any kind (whether implied, express or statutory, and including without limitation, warranties for non-infringement of third party rights, ownership, fitness for purpose, accuracy, completeness, reliability or currency) is given in conjunction with any advice, data, information, estimates, projections, statements, forecast or forward-looking statements, materials or services (including content derived from or produced by a person unrelated to Energy Action) provided to you by or on behalf of Energy Action;
(b) no representation, guarantee or warranty is given as to the accuracy, completeness, or likelihood of achievement or reasonableness of any forecasts, projections or forward-looking statements made by or on behalf of Energy Action (including such forecasts and projections that relate to changes in the electricity prices, the prices of other types of energy, and the amounts of charges and taxes imposed by the government on energy retailers, energy distributors or other energy industry participants or your energy-related expenses or anticipated cost savings). Forecasts, projections and forward-looking statements are, by their nature, subject to significant uncertainties and contingencies, and they should not be taken as implying that the assumptions upon which the projections have been prepared are correct or exhaustive;
(c) Energy Action, its employees, agents and independent contractors are not liable for any loss, expense or cost (including without limitation, any consequential or indirect loss) that you incur directly or indirectly as a result of or in connection with advice, data, information, estimates, projections, forecasts or forward-looking statements or services provided to you by or on behalf of Energy Action; and
(d) any liability of Energy Action and its directors, employees and contractors for breach of a warranty or condition given in conjunction with services supplied by Energy Action which cannot be excluded by law is limited, as far as the law permits, to re-supplying the services or paying the cost of re-supplying the services and the choice to be made by Energy Action in its sole discretion.
Energy Action (Australia) Pty Ltd is authorised to provide financial product advice on electricity derivatives and carbon market related financial products to wholesale clients under the Corporations Act 2001 (AFSL No 362843). In providing information and advice to you, we rely on the accuracy of information provided by you or your company. Unless specifically stated otherwise, any advice has been prepared without taking into account your objectives, financial situation or needs and constitutes only general advice. Before acting on any advice, Energy Action recommends that you consider whether it is appropriate for your circumstances.