Terms And Conditions
This website www.vortapowersystems (the “Site”) is a shopping website
where you can browse, select and order products advertised on the Site from
Vorta Power Systems Pty Ltd ACN30109900263
Your access to and use of the Site, including your order of Products through
the Site, is subject to these terms and conditions.
Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing
and/or reading the Website, this signifies that you have read, understood and agree
to be bound by the Terms. If you do not agree with the Terms, you must cease usage
of the Website immediately.
Vorta Power Systems reserves the right to review and change any of the Terms by
updating pages at its sole discretion. Any changes to the Terms take immediate
effect from the date of their publication.
Acceptance of Terms:
You accept these Terms by remaining on the website.
Copyright and Intellectual Property
The Website, related products and all of the content (including but not limited to text,
graphics, logos, video images, audio clips, Website, code, script, design elements and
interactive features) are subject to copyright, and are owned and controlled by Vorta
Power Systems Pty Ltd.
The material on the Website is protected by Copyright under the laws of Australia and
through international treaties.
Vorta Power Systems Pty Ltd takes your privacy seriously. All information provided
will not be given or shared with another party.
All information contained in this Website is provided in good faith on an "as
is" and “as available” without warranty or condition of any kind.
None of the affiliates, directors, officers, employees, agents, contributors and
licensors of Vorta Power Systems Pty Ltd make any express or implied
representation or warranty about the content referred to on the Website.
This includes (but is not restricted to) loss or damage you might suffer as a result of
any of the following:
1. failure of performance, error, omission, interruption, deletion, defect,
failure to correct defects, delay in operation or transmission,
computer virus or other harmful component, loss of data,
communication line failure, unlawful third party conduct, or theft,
destruction, alteration or unauthorised access to records;
2. the accuracy, suitability or currency of any information on the
Website, the content, or any of its content related products (including
third party material and advertisements on the Website);
costs incurred as a result of you using the Website, the content or any
of the products of Vorta Power Systems Pty Ltd;
3. the content or operation in respect to links which are provided for
Limitation of liability
Vorta Power Systems Pty Ltd total liability arising out of or in connection with the
content of these Terms, however arising, tort (including negligence), in equity, under
statute or otherwise, will not exceed the re-supply of the content to you.
You expressly understand and agree that Vorta Power Systems Pty Ltd, its affiliates,
employees, agents, contributors and licensors shall not be liable to you for any
direct, indirect, incidental, special consequential or exemplary damages which may
be incurred by you, however caused and under any theory of liability. This shall
include, but is not limited to, any loss of profit (whether incurred directly or
indirectly), any loss of goodwill or business reputation and any other intangible loss.
You agree to indemnify Vorta Power Systems Pty Ltd, its affiliates, employees,
agents, contributors, third party content providers and licensors from and against:
1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered or
arising out of or in connection with Your Content;
2. any direct or indirect consequences of you accessing, using or transacting on
the Website or attempts to do so; and/or
any breach of the Terms.
The Site may contain links to external websites that are not operated by
Vorta Power Systems Pty Ltd.
Vorta Power Systems Pty Ltd does not make any endorsements, or
representation as to the accuracy of information contained within those
websites. These links are provided for your convenience only and you agree
1. we make no representations or warranties, or have any responsibility or
liability for those websites;
2. these links do not indicate, expressly or impliedly, that we endorse the site
or the products or services that are provided at those sites; and
3. you access and use the products and services made available at those sites
solely at your own risk.
If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses have
been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute‘) has arisen under the Terms, must give
written notice to the other party detailing the nature of the dispute, the desired outcome
and the action required to settle the Dispute.
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms
Within 14 days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may mutually
If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has
not been resolved, the Parties must either agree upon selection of a mediator or
request that an appropriate mediator be appointed by the President of the or his or
The Parties are equally liable for the fees and reasonable expenses of a mediator and
the cost of the venue of the mediation and without limiting the foregoing undertake
to pay any amounts requested by the mediator as a pre-condition to the mediation
commencing. The Parties must each pay their own costs associated with the
The mediation will be held in New South Wales, Australia.
All communications concerning negotiations made by the Parties arising out of and
in connection with this dispute resolution clause are confidential and to the extent
possible, must be treated as “without prejudice” negotiations for the purpose of
applicable laws of evidence.
Termination of Mediation
if 30 days have elapsed after the start of a mediation of the Dispute and the Dispute
has not been resolved, either Party may ask the mediator to terminate the
mediation and the mediator must do so.
Venue and Jurisdiction
In the event of any dispute arising out of or in relation to the Website, you agree
that the exclusive venue for resolving any dispute shall be in the courts of Western
The Terms are governed by the laws of Western Australia, Australia. Any dispute,
controversy, proceeding or claim of whatever nature arising out of or in any way
relating to the Terms and the rights created hereby shall be governed, interpreted
and construed by, under and pursuant to the laws of Western Australia, Australia,
without reference to conflict of law principles, notwithstanding mandatory rules. The
validity of this governing law clause is not contested. The Terms shall be binding to
the benefit of the parties hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and
reasonable and both parties having taken the opportunity to obtain independent
legal advice and declare the Terms are not against public policy on the grounds of
inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of
competent jurisdiction, that part shall be severed and the rest of the Terms shall