AGREEMENT BETWEEN USER AND PACIFIC HYDRO

The Pacific Hydro Web Site is comprised of various web pages operated by Pacific Hydro.

The Pacific Hydro Web Site is offered to you conditioned on your acceptance without modification of the terms and conditions set out in these Terms of Use. Your use of the Pacific Hydro Web Site constitutes your agreement to all such terms and conditions.

MODIFICATION OF THESE TERMS OF USE

Pacific Hydro reserves the right to change these Terms of Use.

LINKS TO THIRD PARTY SITES

The Pacific Hydro Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Pacific Hydro and Pacific Hydro is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pacific Hydro is not responsible for webcasting or any other form of transmission received from any Linked Site. Pacific Hydro is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pacific Hydro of the Linked Site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Pacific Hydro Web Site, you must not use the Pacific Hydro Web Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Pacific Hydro Web Site in any manner which could damage, disable, overburden, or impair the Pacific Hydro Web Site or interfere with any other party's use and enjoyment of the Pacific Hydro Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Pacific Hydro Web Site.

USE OF COMMUNICATION SERVICES

The Pacific Hydro Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services").  You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

Pacific Hydro has no obligation to monitor the Communication Services, however, Pacific Hydro reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Pacific Hydro reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Pacific Hydro reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Pacific Hydro's sole discretion.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO PACIFIC HYDRO OR POSTED AT ANY PACIFIC HYDRO WEB SITE

Pacific Hydro does not claim ownership of the materials you provide to Pacific Hydro (including feedback and suggestions) or post, upload, input or submit to any Pacific Hydro Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Pacific Hydro, its affiliated companies and necessary sublicensees permission to use your Submission including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Pacific Hydro is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Pacific Hydro's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

Pacific Hydro does not warrant that the material in the Pacific Hydro Web Site is accurate, complete or up to date. The existence of inaccurate, incomplete or superseded material in the Web Site will not cause Pacific Hydro to be in breach of these Terms of Use.

Pacific Hydro reserves the right to change, add or remove any material in or from the Pacific Hydro Web Site without notice.

Pacific Hydro does not warrant that the functions contained in the Pacific Hydro Web Site or third-party websites will be uninterrupted or without error, that defects will be corrected, or that electronic material in the Pacific Hydro Web Site and other third-party websites are free of viruses or other harmful components.

To the extent permitted by law, all implied terms are excluded. If any statute implies terms into these Terms of Use, which cannot be lawfully excluded, such terms will apply to these Terms of Use, save that the liability of Pacific Hydro for breach of any such implied term will be limited, at the option of Pacific Hydro, to any one of the following:

• The replacement of goods or services to which the breach relates or the supply of equivalent goods or services.
• The repair of such goods or services. Pacific Hydro will not be liable for any indirect or consequential losses arising out of a breach of these Terms of Use, or arising out of the supply of a defective program or incorrect materials.

When deciding to visit the Pacific Hydro Web Site, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by Pacific Hydro which has not been stated expressly in these Terms of Use or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by Pacific Hydro (which material may be out of date or superseded).

SERVICE CONTACT : admin@pacifichydro.com.au

TERMINATION/ACCESS RESTRICTION

Pacific Hydro reserves the right, in its sole discretion, to terminate your access to the Pacific Hydro Web Site and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Victoria, Australia and you hereby consent to the exclusive jurisdiction and venue of courts in Victoria, Australia in all disputes arising out of or relating to the use of the Pacific Hydro Web Site. Use of the Pacific Hydro Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

COPYRIGHT AND TRADEMARK NOTICES:

The Pacific Hydro Web Site, the material on the Pacific Hydro Web Site, the software, design, text and graphics comprised in the Pacific Hydro Web Site and the selection and layout of the Pacific Hydro Web Site are owned or licensed by Pacific Hydro Pty Ltd and protected by copyright under the laws of Australia and other countries.

TRADEMARKS

The Pacific Hydro Web Site includes trade marks which are the subject of pending applications or which are otherwise protected by law including, but not limited to the words “PACIFIC HYDRO” and the Pacific Hydro logo. You may not use these trade marks or the names of any of our related companies.

Any rights not expressly granted herein are reserved.

FRAMING

You must not frame any of the material appearing on the Pacific Hydro Web Site except in accordance with Pacific Hydro’s prior written consent.