Legal
Website Terms of Use
These Website Terms of Use govern your access to and use of tesseractai.com.au (the website). Please read them before using the website. If you do not accept them, please do not use the website.
1. Who we are
This website is operated by Tesseract Energy Pty Ltd (ABN 98 625 596 054), trading as Tesseract AI. In these terms, we, us and our mean Tesseract Energy Pty Ltd, and you means the person accessing the website, and any organisation you access it on behalf of.
Our details are:
- Registered address: 140 Ashley St, Underdale SA 5032, Australia
- Email: info@tesseractai.com.au
- Phone: 1300 421 071
2. Acceptance
By accessing, browsing or using the website, or by submitting an enquiry through it, you accept these terms. If you use the website on behalf of a company or other organisation, you confirm you are authorised to accept these terms on its behalf.
Our Privacy Policy explains how we collect, use and disclose personal information, including personal information you send us through the enquiry form. It applies alongside these terms, and the two should be read together.
3. The website is information only
The website is a marketing and information site. It describes what we build and the kinds of arrangements we are interested in discussing. It does nothing more than that.
The website does not offer accounts or logins, does not sell anything, and does not accept payments or online orders. The only way to deal with us is to contact us and agree terms in writing.
In particular:
- Nothing on the website is an offer capable of acceptance, a quotation, or a commitment to supply capacity, power or services.
- Nothing on the website creates a contract between you and us, a reservation of capacity, an exclusivity arrangement, a partnership, a joint venture or an agency relationship.
- Nothing on the website is technical, engineering, energy, financial, taxation, legal or investment advice, and it does not take account of your circumstances, site conditions or requirements.
We will only be bound by terms recorded in a written agreement signed by an authorised representative of Tesseract Energy Pty Ltd. Where such an agreement exists, it prevails over anything published on the website.
Before acting on anything you read here, please obtain your own advice and contact us so we can discuss your requirements properly.
4. Indicative figures and forward-looking statements
Much of the information on the website is forward-looking. It describes what we intend, plan, target or expect, not what exists today.
This includes, without limitation, statements about:
- portfolio and pipeline capacity, including total megawatt figures;
- the number, location and staging of target or planned sites;
- individual facility sizes, rack densities and IT load;
- availability, resilience and service level targets;
- timeframes for delivery, energisation or operational readiness; and
- power, grid connection and generation arrangements.
Figures of this kind are indicative only. They are based on assumptions, planning work and market information current as at the date of publication, and they depend on matters outside our control, including grid connection and network capacity, planning and development approvals, equipment and long-lead item availability, construction conditions, financing, and the decisions of counterparties and authorities.
Actual outcomes may differ materially. Service level figures are design and contractual targets, not warranties given to you through the website; any service level that applies to you will be the one set out in your signed agreement. We may change or withdraw any of this information at any time without notice, and we are not obliged to update the website as circumstances change.
5. Enquiries you send us
The enquiry form is provided so you can start a conversation with us. Sending an enquiry does not create any obligation on us to respond, to provide capacity or services, or to keep any figure, price or timeframe available to you.
The form asks for your enquiry type, name, company, email address and message, and it may ask for project details such as the capacity you require, your preferred location, your target service date, and your expected rack density or IT load. You will also be asked to acknowledge our Privacy Policy before you submit.
When you submit the form, your enquiry is sent to us as an email. Email is not a secure or confidential medium, and we cannot guarantee that a message will reach us, or reach us intact. If a matter is urgent, please telephone us as well.
You agree that the information you submit is accurate, that you are entitled to provide it, and that it is not confidential unless we have agreed otherwise in writing. Please do not send us commercially sensitive material through the form. If you include another person’s personal information, such as a colleague’s contact details, you confirm you are permitted to provide it and have taken any steps required of you under the Privacy Act 1988 (Cth).
If you send us feedback, ideas or suggestions about the website, we may use them without restriction and without any obligation to you. This does not affect any confidentiality obligation we have agreed with you in writing.
6. Cookies and how the website works
The website is built on WordPress. WordPress and our hosting may set a small number of strictly necessary or functional cookies, for example to manage a browsing session, to keep the enquiry form working, or to remember a display preference.
We do not currently use analytics, advertising, profiling or social media tracking cookies on the website, and we do not currently use a third-party bot-detection or CAPTCHA service. If that changes, we will update this page and our Privacy Policy.
You can block or delete cookies through your browser settings. If you do, parts of the website may not work as intended.
7. Investment-related content
Parts of the website invite expressions of interest in investing in Tesseract. That content is general information, published so that an initial conversation can begin. It is not directed at any particular person.
That content is not:
- financial product advice, or a recommendation, opinion or statement of opinion about any financial product;
- an offer, invitation or inducement to apply for, acquire or deal in securities or any other financial product; or
- a prospectus, product disclosure statement, information memorandum or any other disclosure or offer document under the Corporations Act 2001 (Cth).
Nothing on the website has been lodged with or reviewed by the Australian Securities and Investments Commission. We do not provide financial product advice through the website, and nothing on it takes account of your objectives, financial situation or needs.
Registering interest does not create any obligation on either of us, does not entitle you to participate in any capital raising, and does not reserve any allocation. Any investment would be made only under separate documentation, and only where an offer can lawfully be made to you in your jurisdiction. No return, distribution, capital protection or valuation outcome is promised or implied, and any past or projected figures are not a guide to future performance.
Please read our Investment Disclaimer, and obtain your own licensed financial, legal and taxation advice, before making any decision.
8. Intellectual property
All content on the website is owned by us or our licensors and is protected by copyright and other laws. This includes text, layout, design, graphics, diagrams, images, illustrations, data and figures.
The names Tesseract AI and Tesseract Energy, our logos, and the product and service names used on the website, are trade marks of ours or of our group. We do not claim that all of them are registered. Third-party names and marks belong to their owners.
You may view the website, and print or download extracts, for your own internal, non-commercial purposes in evaluating a possible dealing with us. You must keep all copyright and other notices intact.
Except as set out above, or as permitted by the Copyright Act 1968 (Cth), you must not copy, reproduce, publish, adapt, distribute, license or commercially exploit any part of the website, or use our marks, without our prior written consent.
9. Acceptable use
You must use the website lawfully and reasonably. You must not:
- use the website for any unlawful, misleading or fraudulent purpose, or in breach of any law;
- interfere with, disrupt or place an unreasonable load on the website or the servers or networks that support it;
- introduce any virus, malware or other harmful code, or attempt to gain unauthorised access to any part of the website, its hosting environment or any account or system connected to it;
- probe, scan or test the vulnerability of the website, or circumvent any security or access control;
- scrape, harvest, index or extract content or contact details from the website by automated means, or use them to send unsolicited commercial electronic messages in breach of the Spam Act 2003 (Cth);
- frame, mirror or republish the website, or present our content as your own;
- submit false, misleading or offensive material through the enquiry form, or use it to send spam; or
- state or imply that you are endorsed by, affiliated with, or in a partnership or agreement with us, unless we have agreed that in writing.
We may restrict or withdraw your access to the website if we reasonably believe you have breached these terms.
10. Availability of the website
We aim to keep the website available, but we do not promise that it will be uninterrupted, error-free, secure or free of harmful code. The website may be unavailable for maintenance, or because of matters affecting our hosting provider or the internet generally. You are responsible for your own device, connection and security arrangements.
We may change, suspend or discontinue the website, or any part of it, at any time without notice.
11. Links to other websites
The website may link to other websites, including tesseractenergy.com.au, the website of another company in our group. Those websites are governed by their own terms and privacy policies, which you should read.
We do not control third-party websites and are not responsible for their content, accuracy, availability, security or practices. A link is not an endorsement. You follow links at your own risk.
12. Liability
Nothing in these terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that applies under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law, and that cannot lawfully be excluded, restricted or modified. Nothing in these terms limits our liability for fraud. If you are a consumer under the Australian Consumer Law, you have rights that these terms do not affect.
Subject to the paragraph above, and to the maximum extent permitted by law:
- the website and its content are provided on an “as is” and “as available” basis, and we exclude all warranties and representations not expressly set out in these terms, including as to accuracy, completeness, currency, fitness for a particular purpose and non-infringement;
- we are not liable for any loss or damage arising from your use of, or reliance on, the website or its content, including any indicative figure, target, timeframe or forward-looking statement;
- we are not liable for any indirect, incidental, special or consequential loss, or for any loss of profit, revenue, opportunity, anticipated savings, business, contract or data, however arising; and
- we are not liable for any loss caused by matters outside our reasonable control, including unavailability of the website, transmission failures, non-delivery of an enquiry email, or harmful code.
Where we are permitted to limit our liability rather than exclude it, our total liability to you in connection with the website and these terms is limited, at our option, to re-supplying the relevant information or paying the reasonable cost of having it re-supplied.
Our liability is reduced to the extent your own acts, omissions or breach of these terms contributed to the loss.
13. Changes to these terms
We may update these terms from time to time by publishing a revised version on the website. The version in force is the one published here when you use the website, so please check it from time to time. The date at the top shows when we last made a change.
14. General
These terms, together with our Privacy Policy and Investment Disclaimer, cover the whole of your use of the website. They do not vary, and are not varied by, any separate written agreement you have with us about the supply of capacity, power or services.
If any part of these terms is unenforceable, it is severed and the rest continues to apply. A failure or delay by us in exercising a right is not a waiver of it. We may assign or novate our rights under these terms to another company in our group, or to a person who acquires the relevant part of our business.
15. Governing law
These terms are governed by the laws of the State of South Australia, Australia. You and we submit to the non-exclusive jurisdiction of the courts of South Australia and the courts that hear appeals from them.
The website is directed at users in Australia. We make no representation that its content is appropriate, or that our services are available, in any other place.
16. Contact us
If you have a question about these terms, please contact us:
- Email: info@tesseractai.com.au
- Phone: 1300 421 071
- Post: Tesseract Energy Pty Ltd, 140 Ashley St, Underdale SA 5032, Australia