Legal Notices

Legal Notices

Welcome to the http://www.totaloil.com.au website (the Website). By visiting our Website, you acknowledge that you have read, understood and accepted (without limitation or reservation), and you agree to abide by, these General Terms and Conditions of Use and our Privacy Policy. Please note that if you visit other Total websites, different general terms and conditions and policies (including concerning privacy protection) may apply in relation to those sites. We recommend that you read their applicable terms and conditions and policies carefully.

1.IDENTITY

Company : Total Oil Australia Pty Ltd
Head office : 415 Riversdale Road Hawthorn East VIC 3123

The companies in the Total group (to which the Company belongs and its directly or indirectly owned subsidiaries), have their own legal existence and independent legal status. This Website sometimes refers to “Total” and “the Total group” for convenience where references are generally made to TOTAL S.A. (the holding company) and its subsidiaries and affiliates. Likewise, the words “we”, “us” and “our” are used to refer to the Company or any company of the Total group in general or to those who work for them. These expressions are also used where no useful purpose is served by identifying the particular company or companies. It cannot be inferred from these expressions that TOTAL S.A. or any of its subsidiaries or affiliates are involved in the business and management of any other company of the Total group.

2.INTELLECTUAL PROPERTY

2.1Property of the Company

2.1.1All information or documents (text, animated or static images, databases, sounds, photographs, know-how or cited products) stored in the Website as well as all elements created for the Website and its general structure, are either the property of the Company or the companies within the Total group or are subject to rights to use, duplicate or represent them. 

2.1.2This information, documents and items are subject to laws protecting copyright insofar as they have been made available to the public via this Website. No licence or any right (other than to view the Website) is granted to you (or any other party) with regard to intellectual property rights. 

2.1.3Duplication of Website documents is authorised solely as information for your personal and private usage. Any duplication or usage of copies made for other purposes is formally prohibited and subject to prior and formal authorisation by the Company. In all cases, authorised duplication by you of information stored in this Website must cite the source and make adequate references to its proprietary nature.

2.2Distinguishing signs 

Unless otherwise stipulated, company names, logotypes, trade marks, products and brands quoted on the Website are the property of the Company or of the Total group or are subject to rights to use, duplicate or represent them. You may not use them without prior written authorisation from the Company.

2.3Databases

The Company is the controller of databases on the Website and the Company is the owner of any databases made available. You may not extract or reuse a substantial qualitative or quantitative portion of the databases, including for private purpose.

3.YOUR UNDERTAKINGS

3.1Right to use information provided to us

To the extent that you provide information to the Company when visiting the Website, you grant to the Company a non-exclusive right to the Company to use that information. Any such information is not considered to be confidential. However, where the information you provide is personal information (as defined by applicable privacy laws), we will handle it in accordance with our Privacy Policy

3.2Compliance with law

In visiting the Website, you undertake that you will comply with all applicable laws, and you further warrant that:

(a)you have the ability and means required to access the Website and use it;
(b)you have checked that the IT configuration used by you does not contain any viruses or other harmful code and is in full working order; and
(c)you will keep confidential (and are consequently liable for the use and security of) access codes and passwords which the Company may send you to access specific sections of the Website. The Company reserves the right to suspend your access to the Website in the event of fraudulent use or attempts at fraudulent use of that access.

4.HYPERTEXT LINKS

4.1Activation of links 

The Company formally declines any liability as to the content of third party websites to which it provides links. Those links are offered to users of this Website for convenience only. Please consult the terms and conditions and policies of those websites to understand their practices. The decision to follow any such links is solely your own. We may modify or delete a link on our Website at any time.

4.2Link authorisation 

If you wish to create a hypertext link to this Website, you must obtain prior written authorisation from the Company using the contact details at the end of this document.

5.INFORMATION ON THIS WEBSITE

5.1Information

5.1.1The Company makes this Website available in order to provide general information relating to its activities.  The Company may modify the information contained on this Website (Information) at any time and without prior notice. 

5.1.2The Information is provided on an “as is” basis with no warranties as to content quality.  You agree that you will not rely on the Information, and you acknowledge that, subject to section 6.1, and otherwise to the extent permitted by law, the Company:

(a)does not warrant or guarantee the timeliness, currency, accuracy, completeness, merchantability or fitness for a particular purpose of the Information;
(b)takes no responsibility for any error, omission or defect contained in the Information; and
(c)is not obliged to update the Information or correct any inaccuracy which may become known to it.

5.1.3You fully bear the risks arising from your reliance on the Information. Subject to section 6.1, and otherwise to the extent permitted by law, under no circumstances will the Company accept liability for any loss, liability, cost or expense arising from your reliance on or use of the Information. 

5.1.4The Information shall not be deemed a recommendation to use information, products, procedures, equipment or formulae contravening a patent, copyright or registered trade mark. Subject to section 6.1, and otherwise to the extent permitted by law, the Company declines any explicit or implicit liability in the event that use of the Information contravenes a patent, copyright or registered trade mark. 

5.1.5The Company and all directly or indirectly owned subsidiaries or affiliates of the Company and any company within the Total group categorically rejects any interpretation that may assimilate the content of its websites to purchase offers or incitements to acquire shares or other listed or unlisted negotiable securities of TOTAL S.A. or any company of the Total group. 

5.2Forward-looking statements

5.2.1The Information may contain forward-looking statements concerning the financial position, operating results, activities and industrial strategy of the Company, TOTAL S.A. and/or companies of the Total group. Such statements are subject to risks and uncertainties. These statements are based on the beliefs and assumptions of management and on the information currently available to management. Forward-looking statements include information concerning forecasts, projections, anticipated synergies, and other information concerning possible or assumed future results and may be preceded by, followed by, or otherwise include the words “believes”, “expects”, “anticipates”, “intends”, “plans”, “targets”, “estimates” or similar expressions. Forward-looking statements are not assurances of results or values. They involve risks, uncertainties and assumptions. Future results may differ materially from those expressed in these forward-looking statements. Many of the factors that will determine these results and values are beyond the Company’s ability to control or predict. 

5.2.2The Company does not undertake and is not required to update or revise such forward-looking statements, in particular as a result of new information or subsequent events or other factors. Additional information concerning material factors that may have an effect on the financial results of the Total group may be consulted in documentation filed with the French Autorité des marchés financiers (AMF) and the United States Securities and Exchange Commission (SEC) or other competent authority.

5.3Availability

The Company does not guarantee that the Website will operate without interruption or that the servers ensuring access to it operate and/or the third party sites to which hypertext links refer do not contain viruses or other harmful code.

6.LIABILITY

6.1Consumer guarantees

To the extent permitted by law, any conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded under these General Terms and Conditions of Use. However, if a supply under these General Terms and Conditions of Use is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law (contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth)), nothing contained in these General Terms and Conditions of Use excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits us to limit our liability, then our liability is limited (at our option) to:

(a)in the case of services, the cost of supplying the services again or payment of the cost of having the services supplied again; and
(b)in the case of software or other goods, the cost of replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired. 

6.2Limitation and exclusion of liability

Subject to section 6.1, our liability to you arising directly or indirectly under or in connection with these General Terms and Conditions of Use or otherwise in connection with or in any way relating to the Website, and whether arising under any indemnity, statute, in tort (for negligence or otherwise) or on any other basis in law or equity, is limited as follows:

(a)we exclude all liability to you for loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits, or any indirect, consequential or special loss, damage, cost or expense or other claims for consequential compensation, incurred by or awarded against you under or in any way connected with these General Terms and Conditions of Use or otherwise in connection with or in any way relating to the Website; and
(b)our total aggregate liability to you under or in any way connected with these General Terms and Conditions of Use or otherwise in connection with or in any way relating to the Website, is otherwise limited to the greater of:
(i)AUD$10; and
(ii)the total amounts you have paid to us for the services the subject of the relevant claim.

7.UPDATES OF GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE AND APPLICABLE LAW

The Company may update these General Terms and Conditions of Use of the Website at any time. Consequently, we invite you to regularly refer to the latest General Terms and Conditions of Use in effect. These General Terms and Conditions of Use are subject to the law of the State of Victoria, Australia and you accept the exclusive jurisdiction of the courts of Victoria, Australia for any dispute between you and the Company.

8.CONTACT DETAILS

If you have any query about the Website, please contact us by email at lubricants.au@total.com or by post at 

Total Oil Australia Pty Ltd
415 Riversdale Road 
Hawthorn East Vic 3123
Australia

Last updated:  01.11.14

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