Privacy Policy
This Privacy Policy governs the manner in which Fourth Element Energy Pty Ltd collects, uses, maintains, and discloses information collected from users (hereinafter referred to as "Users") of the Geothermal mobile application (hereinafter referred to as the "App").
1. Personal Information Collection
1.1. Types of Data Collected
The App may collect the following types of personal information from Users:
1.2. Data Collection Methods
We may use various methods to collect personal information, including:
2. Use of Collected Information
We may use the collected information for the following purposes:
3. Data Sharing and Disclosure
We do not sell, trade, or rent Users' personal information to third parties. However, we may share certain information with trusted third-party service providers who assist us in operating our business, improving the App, or serving Users. These third parties are obligated to keep the information confidential and use it only for the purposes specified by us.
4. Data Retention
We will retain Users' personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.
5. User Rights and Choices
Users may exercise certain rights regarding their personal information. They have the right to:
6. Security Measures
We take appropriate security measures to protect against unauthorized access, alteration, disclosure, or destruction of Users' personal information. However, no method of transmission over the internet or electronic storage is 100% secure.
7. Children's Privacy
The App is not intended for children under the age of 13. We do not knowingly collect personal information from children under 13. If a parent or guardian becomes aware that their child has provided us with personal information without their consent, they should contact us immediately, and we will delete such information from our systems.
8. Changes to this Privacy Policy
We reserve the right to update this Privacy Policy at any time. Users are encouraged to check this page regularly for any changes. By continuing to use the App, Users acknowledge and agree to the updated Privacy Policy.
9. Contact Us
If you have any questions or concerns about this Privacy Policy or the practices of the App, please contact us at info@4ee.com.au.
1. Personal Information Collection
1.1. Types of Data Collected
The App may collect the following types of personal information from Users:
- Name: We may collect and store the name provided by Users for personalized experiences within the App.
- Email Address: We may collect and store the email address provided by Users for communication purposes.
- Usage Data: The App may automatically collect certain information about how Users interact with the App. This may include IP addresses, device type, operating system version, app usage statistics, and other diagnostic data.
1.2. Data Collection Methods
We may use various methods to collect personal information, including:
- User-provided Information: Users may voluntarily provide their personal information while using the App.
- Automatic Collection: The App may automatically collect certain information through the use of cookies, log files, and other similar technologies.
2. Use of Collected Information
We may use the collected information for the following purposes:
- To provide and personalize the App's services and features.
- To improve the App's functionality and user experience.
- To respond to user inquiries, comments, and feedback.
- To send periodic emails regarding App updates, promotions, and related information.
3. Data Sharing and Disclosure
We do not sell, trade, or rent Users' personal information to third parties. However, we may share certain information with trusted third-party service providers who assist us in operating our business, improving the App, or serving Users. These third parties are obligated to keep the information confidential and use it only for the purposes specified by us.
4. Data Retention
We will retain Users' personal information for as long as necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.
5. User Rights and Choices
Users may exercise certain rights regarding their personal information. They have the right to:
- Access and obtain a copy of their personal information.
- Rectify any inaccurate or incomplete information.
- Delete their personal information, subject to legal requirements.
- Object to the processing of their personal information under certain circumstances.
- Withdraw their consent at any time.
6. Security Measures
We take appropriate security measures to protect against unauthorized access, alteration, disclosure, or destruction of Users' personal information. However, no method of transmission over the internet or electronic storage is 100% secure.
7. Children's Privacy
The App is not intended for children under the age of 13. We do not knowingly collect personal information from children under 13. If a parent or guardian becomes aware that their child has provided us with personal information without their consent, they should contact us immediately, and we will delete such information from our systems.
8. Changes to this Privacy Policy
We reserve the right to update this Privacy Policy at any time. Users are encouraged to check this page regularly for any changes. By continuing to use the App, Users acknowledge and agree to the updated Privacy Policy.
9. Contact Us
If you have any questions or concerns about this Privacy Policy or the practices of the App, please contact us at info@4ee.com.au.
Terms and Conditions
These Additional Terms are between you and the Fourth Element Energy (4EE) and govern your use of the "Geothermal application" (App). These Additional Terms are in addition to and supplement the Apple terms or Google terms (Third Party Terms) applicable to your use of the App. In the event of any inconsistency between these Additional Terms and the Third-Party Terms, these Additional Terms will prevail to the extent of any inconsistency.
By using the App, you are deemed to have read and understood, and agree to be bound by and abide by, these Additional Terms (as amended by the 4EE from time to time).
1. Use of the App
1.1 Acknowledgement and agreement
The App is a tool which provides some pre-design calculations for geothermal ground-source heat pump (GSHP) systems. You acknowledge and agree that the 4EE gives no representations as to the operation of the App or the accuracy of any outputs from the App and that the App should use as a guide only, and not as a source upon which any decisions are made. Before using any information obtained through the App you should:
(a) independently verify the accuracy, currency or completeness of any that information; and
(b) seek independent advice from an appropriately qualified professional.
4EE is not liable to you or anyone else for any decision made or action taken in reliance upon any information obtained through the App.
1.2 Suspension and cancellation
4EE may suspend or cancel your access to or use of the App, at any time without prior notice. You may cease to use the App by removing the application from your device and deleting any relevant software from your device or computer.
1.3 Privacy
(a) 4EE may collect, store and provide to third party service providers 'personal information' and 'sensitive information' as defined in the Information Privacy Act 2000 (Vic).
(b) 4EE's privacy policy relating to information collected by the 4EE may be accessed at https://4ee.com.au/legal.html and forms part of these Additional Terms.
2. Warranties and indemnity
2.1 Consumer guarantees
(a) In addition to any rights you may have under these Additional Terms, you may also have other rights under statutes which vary from jurisdiction to jurisdiction. In particular, you may have rights under consumer guarantees which apply to the supply of products or services under the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended from time to time, or other similar legislation of a state or territory of Australia regarding goods or services, which cannot be excluded, restricted or modified by these Additional Terms (collectively, Consumer Guarantees).
(b) These Additional Terms do not exclude, restrict or modify the application of the Consumer Guarantees or any other any condition, warranty, guarantee, right or remedy conferred by or implied under any provision of any statute where to do so would:
(i) contravene the relevant statute; or
(ii) cause any part of these Additional Terms to be void and/or unenforceable.
2.2 Limitation of liability
(a) In clauses 2.2 and 2.3, Losses means all liabilities, losses, damages, costs and expenses including:
(i) direct, indirect or consequential liabilities, losses, damages, costs and expenses;
(ii) legal costs and disbursements, whether incurred or awarded against a party, including costs of investigation, litigation, settlement and compliance with judgments; and
(iii) interest, fines and penalties,
suffered or incurred by any person, and whether arising in contract, tort (including negligence) or otherwise.
(b) Other than the Consumer Guarantees, 4EE excludes all warranties, conditions or other terms, whether implied by statute or otherwise including, without limitation, all representations or warranties, either express or implied, about content contained on the App or services provided to you through the App for any purpose (including representations about the accuracy, currency, completeness or suitability of the information published on the App).
(c) Except for liability under the Consumer Guarantees, 4EE excludes liability for all Losses suffered or incurred by any person:
(i) in connection with or in any way relating to the App, including any disruption to the App or interference with or damage to computer systems or other electronic devices; or
(ii) in connection with any errors, omissions or inaccuracies contained in any information published on the App, including Losses in connection with your reliance on information obtained through the App; and
(iii) otherwise under or in connection with these Additional Terms.
(d) Except for liability under the Consumer Guarantees, to the extent that 4EE is unable to exclude its liability under this clause 2.2, 4EE limits its liability, at 4EE' option and to the maximum extent permitted by law, to:
(i) resupplying the services or equivalent services; or
(ii) paying the cost of having the services or equivalent services resupplied.
2.3 Indemnity
(a) You indemnify 4EE and each of its directors, officers, employees, agents, advisers, consultants and contractors (collectively, Indemnified Persons) against all Losses arising from or relating to:
(i) your use of the App;
(ii) your breach of these Additional Terms or breach of law;
(iii) your breach of any Third-Party Terms; or
(iv) any claim alleging that you have infringed the intellectual property or other rights of any person.
(b) If any Indemnified Person suffers or incurs any Loss as a result of your breach of these Additional Terms or other act or omission and 4EE would have been able to recover those Losses if the Losses were suffered or incurred by 4EE, then 4EE will be able to recover those Losses as if those Losses were suffered or incurred by 4EE.
3. General
3.1 Changes to Additional Terms
4EE may change these Additional Terms at any time. You agree to be bound by the changed terms if you continue to use the App after the terms have changed.
3.2 Severability
If any part of these Additional Terms is held to be invalid, illegal, or unenforceable, that part will be severed, and the remaining parts of these Additional Terms will continue in force.
3.3 Governing law
These terms are governed by the laws applicable in the State of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of that State.
By using the App, you are deemed to have read and understood, and agree to be bound by and abide by, these Additional Terms (as amended by the 4EE from time to time).
1. Use of the App
1.1 Acknowledgement and agreement
The App is a tool which provides some pre-design calculations for geothermal ground-source heat pump (GSHP) systems. You acknowledge and agree that the 4EE gives no representations as to the operation of the App or the accuracy of any outputs from the App and that the App should use as a guide only, and not as a source upon which any decisions are made. Before using any information obtained through the App you should:
(a) independently verify the accuracy, currency or completeness of any that information; and
(b) seek independent advice from an appropriately qualified professional.
4EE is not liable to you or anyone else for any decision made or action taken in reliance upon any information obtained through the App.
1.2 Suspension and cancellation
4EE may suspend or cancel your access to or use of the App, at any time without prior notice. You may cease to use the App by removing the application from your device and deleting any relevant software from your device or computer.
1.3 Privacy
(a) 4EE may collect, store and provide to third party service providers 'personal information' and 'sensitive information' as defined in the Information Privacy Act 2000 (Vic).
(b) 4EE's privacy policy relating to information collected by the 4EE may be accessed at https://4ee.com.au/legal.html and forms part of these Additional Terms.
2. Warranties and indemnity
2.1 Consumer guarantees
(a) In addition to any rights you may have under these Additional Terms, you may also have other rights under statutes which vary from jurisdiction to jurisdiction. In particular, you may have rights under consumer guarantees which apply to the supply of products or services under the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth), as amended from time to time, or other similar legislation of a state or territory of Australia regarding goods or services, which cannot be excluded, restricted or modified by these Additional Terms (collectively, Consumer Guarantees).
(b) These Additional Terms do not exclude, restrict or modify the application of the Consumer Guarantees or any other any condition, warranty, guarantee, right or remedy conferred by or implied under any provision of any statute where to do so would:
(i) contravene the relevant statute; or
(ii) cause any part of these Additional Terms to be void and/or unenforceable.
2.2 Limitation of liability
(a) In clauses 2.2 and 2.3, Losses means all liabilities, losses, damages, costs and expenses including:
(i) direct, indirect or consequential liabilities, losses, damages, costs and expenses;
(ii) legal costs and disbursements, whether incurred or awarded against a party, including costs of investigation, litigation, settlement and compliance with judgments; and
(iii) interest, fines and penalties,
suffered or incurred by any person, and whether arising in contract, tort (including negligence) or otherwise.
(b) Other than the Consumer Guarantees, 4EE excludes all warranties, conditions or other terms, whether implied by statute or otherwise including, without limitation, all representations or warranties, either express or implied, about content contained on the App or services provided to you through the App for any purpose (including representations about the accuracy, currency, completeness or suitability of the information published on the App).
(c) Except for liability under the Consumer Guarantees, 4EE excludes liability for all Losses suffered or incurred by any person:
(i) in connection with or in any way relating to the App, including any disruption to the App or interference with or damage to computer systems or other electronic devices; or
(ii) in connection with any errors, omissions or inaccuracies contained in any information published on the App, including Losses in connection with your reliance on information obtained through the App; and
(iii) otherwise under or in connection with these Additional Terms.
(d) Except for liability under the Consumer Guarantees, to the extent that 4EE is unable to exclude its liability under this clause 2.2, 4EE limits its liability, at 4EE' option and to the maximum extent permitted by law, to:
(i) resupplying the services or equivalent services; or
(ii) paying the cost of having the services or equivalent services resupplied.
2.3 Indemnity
(a) You indemnify 4EE and each of its directors, officers, employees, agents, advisers, consultants and contractors (collectively, Indemnified Persons) against all Losses arising from or relating to:
(i) your use of the App;
(ii) your breach of these Additional Terms or breach of law;
(iii) your breach of any Third-Party Terms; or
(iv) any claim alleging that you have infringed the intellectual property or other rights of any person.
(b) If any Indemnified Person suffers or incurs any Loss as a result of your breach of these Additional Terms or other act or omission and 4EE would have been able to recover those Losses if the Losses were suffered or incurred by 4EE, then 4EE will be able to recover those Losses as if those Losses were suffered or incurred by 4EE.
3. General
3.1 Changes to Additional Terms
4EE may change these Additional Terms at any time. You agree to be bound by the changed terms if you continue to use the App after the terms have changed.
3.2 Severability
If any part of these Additional Terms is held to be invalid, illegal, or unenforceable, that part will be severed, and the remaining parts of these Additional Terms will continue in force.
3.3 Governing law
These terms are governed by the laws applicable in the State of Victoria, Australia and you submit to the non-exclusive jurisdiction of the courts of that State.