Terms & conditions

CLEAN POWER AUSTRALIA PTY TERMS AND CONDITIONS 2022

1. DEFINITIONS 1.1 Agreement and Contract means the Order Form, these Terms and Conditions, the System Specifications and the Site-Specific System Design, including an agreement made between two or more parties (for example to supply goods or services relating to a solar PV product, that is intended to be legally enforceable. Contracts can be made in writing or orally. A contract may be a written quote that has been accepted by the Consumer orally or by text or email confirmation. 1.2 Customer means you, the person/entity noted in the Agreement. 1.3 Contractor means Clean Power Australia, their employees, agents and/or assigns. 1.4 Goods means the various parts, materials, appliances and/or equipment which make up the System. 1.5 Price means the total amount noted on the Order Form, that includes the STC Discount and includes GST. 1.6 Site means the customer’s address. 1.7 System means the PV solar system described in the Order Form, the System Specifications and the Site-Specific System Design. 1.8 Approved Retailer means a solar retailer who is a current member of the Clean Energy Council (CEC) and is bound by the CEC’s Code of Conduct. 1.9 Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Commonwealth). 1.10 Business Day means day that is not a Saturday, Sunday or public holiday in the relevant location in Australia. 1.12 Code means the Solar Retailer Code of Conduct, as published by the CEC. 1.13 Complaint means any expression of dissatisfaction with a product or service offered or provided, or with a complaints process. 1.14 Customer means a person, business or not for profit organisation that seeks to buy or lease goods or services from a business or other provider, is party to a contract, or is eligible under the criteria set by a retailer to enter into a contract to acquire a product. Includes the following categories of consumer: 1.14.1 Residential Consumer means person who purchases solar PV principally for personal, household or domestic use at premises. 1.14.2 Small Business Consumer means business or not for profit organisation which at the time it enters into the contract, may not have a genuine and reasonable opportunity to negotiate the terms of the contract. A small business is defined in accordance with the Fair Work Act 2009 as one with fewer than 15 employees, not including casual employees. Associated entities are taken to be one entity when calculating the number of employees. 1.14.3 Medium and Large Scale Business Consumer means any that does not fit into the above. 1.5 Dispute means a complaint by a customer in relation to this agreement, that has not been immediately resolved when brought to the attention of that contractor. 1.6 Distributor means a distribution network service provider, which is an owner, controller or operator of an electricity distribution system. 1.7 Electricity Retailer means an entity that delivers and sells electricity directly to the end-use customer. 1.8 Product means the solar PV system including panels, inverters and components. 1.9 Solar PV means Solar photovoltaic. 1.10 System means the solar PV system. Refers to the entire arrangement, including PV modules and all other equipment required to make it work including inverters and components.

 

2. INTERPRETATION 2.1 These Terms and Conditions are governed by the laws of New South Wales and the parties submit to the non-exclusive jurisdiction of the courts of that State. 2.2 In the interpretation of these Terms and Conditions: 2.2.1 References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation; 2.2.2 Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa; 2.2.3 References to documents or agreements also mean those documents or agreements as changed or replaced, and 2.2.4 words denoting one gender include all genders; 2.2.5 Grammatical forms of defined words or phrases have corresponding meanings; 2.2.6 Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia; 2.2.7 Obligations under this deed affecting more than one party bind them jointly and each of them severally; 2.2.8 The services that give rise to the risk the subject of this indemnity is described in the schedule. 2.2.9 Reference to “you” or “client” also includes the client’s agents and representatives and vice versa.

 

3. BINDING NATURE 3.1 This agreement is binding and executed when one or more of the following events occur: Clean Power Australia Pty Ltd - benjamin@cleanpoweraustralia.com.au - benjamin@cleanpoweraustralia.com.au - 0283117338Page 11 / 20 3.1.1 This agreement is signed by you; 3.1.2 At such a time as the contractor receives payment from you; 3.1.3 Upon the arrival of the system to the site and/or the contractor or its employees/contactors to site; and 3.1.4 A completed and signed copy of this agreement is received from you. 3.2 You agree to pay for our services on the terms within this agreement.

 

4. NATURE & SUBJECT OF CONTRACT 4.1 This Agreement is for the supply and installation of the system at the site by the contractor in consideration of payment of the price by the customer. 4.2 By entering into this agreement the customer acknowledges that: 4.2.1 They are in receipt of the site-specific full system design and performance estimate provided by the contractor and agree to the provisions therein. 4.2.2 They are in receipt of all estimations made in relation to system outputs and financial benefits including: 4.2.2.1 Estimates of import and export tariffs; 4.2.2.2 A Full System design, performance and output assumptions; 4.2.2.3 STC financial incentives and rebates; 4.2.2.4 Estimated return on investment in years and subsequent future savings. 4.2.2.5 An estimated timetable for installation (subject to further terms set out below). 4.3 The contractor may assist the customer to arrange/broker the system to be connected to the main grid and/or for the installation of the meter at the site, however the agreement to undertake that connection and installation is an agreement between the customer and his/her electricity retailer/distributor. 4.3.1 The costs and risks associated with the connection and installation are not included in any way as part of this agreement and the parties acknowledge that the contractor is not liable for any representations, statements, declarations or assertions etc made to the relevant retailer/distributor by the contractor based on information provided by the customer. 4.4 Site conditions and special circumstances beyond the control of the contractor may result in extra chargeable work not covered by the price. This includes any additional costs that may arise at or after installation and that will not be borne by the contractor. For example, fees for metre installation, meter exchange/reconfiguration, damage on meter panels, switch board upgrades, installation of RCD (safety) switches, raised frames, cathedral ceiling/excess conduit works, two storey installations, changing dedicated off-peak control devices or travel surcharges in the event the site is located beyond 100km of the contractor's place of business.

 

5. FORMATION OF AGREEMENT 5.1 No contractual obligations shall arise until the agreement is binding in accordance with clause 3. 5.2 In the event the customer provides the contractor with a written order, such order is subject to these terms and conditions and any other terms and conditions which are agreed to by the parties and become part of the terms and conditions. 5.3 The customer has a cooling-off period of ten (10) business days starting the day after the contract has been signed by the customer. ] 5.4 The customer may cancel this agreement and obtain a full refund of any amount paid pursuant to this agreement prior to the end of the cooling off period. 5.5 During this cooling off period no goods or services will be provided by the contractor. 5.6 In order for the customer to cancel the agreement, the contractor must receive written notice from the customer (in person or by fax or email), within the cooling-off period. 5.6.1 The cooling off period will not be applicable to customers paying by a third party payment company or any customers who have received any part of the goods or installation services. 5.7 The deposit amount shall be forfeited to the contractor should the customer choose to cancel the agreement after the cooling-off period has expired. 5.8 The customer may request any variations or amendments provided they are made in writing to the contractor or shall not bind the contractor unless the contractor agrees to the variation of further work in respect of those variations or amendments in writing at a cost agreed to for the variation. 5.9 The contractor reserves the right to terminate this agreement upon giving written notice to the customer not less than three (3) days prior to the Install Date. If this agreement is terminated by the contractor pursuant to this clause, the customer will be refunded all payments made to the contractor pursuant to this agreement. 5.10 The customer acknowledges that after the completion of the installation of the system the contractor does not permit any subsequent changes, modifications or reinstallation of the installed system. The contractor is not liable for any issues resulting from any subsequent changes, modifications or reinstallation of the installed system. 5.11 The contractor will not demand or accept any payments during the 10-day cooling-off period for the remaining cost of the system after the deposit. The customer cannot waive their obligations under the cooling-off period.

 

6. PRICE & TERMS OF PAYMENT 6.1 The Deposit Amount shall be paid by the customer to the contractor on the date of this agreement and the contractor shall provide the customer with a receipt for the Deposit Amount. 6.1.1 This provision is not applicable to customers paying by a third party payment company. 6.2 Unless a Payment Plan applies to this agreement, payment of the balance is required to be made to the contractor in full on or before the Install Date. 6.3 In the event that a Payment Plan applies to this agreement, the customer must pay the balance in accordance with the agreed Payment Plan. Clean Power Australia Pty Ltd - benjamin@cleanpoweraustralia.com.au - benjamin@cleanpoweraustralia.com.au - 028311733P8age 12 / 20 6.4 All amounts payable under this agreement may be made by either bank cheque, credit card or direct deposit, and will be accepted as made when the contractor receives cleared funds. 6.4.1 This provision is not applicable to Customers paying by a third party payment company. 6.5 Should the customer neglect or refuse to pay amounts due and payable by the relevant due date(s), the contractor may, at its option, with or without notice to the customer, charge interest at a rate of ten percent (10%) on any such unpaid amounts, and/or suspend work until full payment is made 6.6 Failure to pay any amount within 14 days of the relevant due date shall enable the contractor to engage a collection service to recover any and all outstanding amounts owing pursuant to this agreement and the customer agrees to pay for all costs of collection and recovery. 6.6.1 This provision is not applicable to customers paying by a third party payment company. 6.7 If on or after the thirty (30) calendar days from this agreement the contractor’s costs in connection with this agreement are increased as the result of any factors including but not limited to variations in costs of labour, material, employers liability, freight, insurance, third party insurance, GST and other taxes, customers or excise duties or levy of any new or additional tax, the customer shall pay the amount of such increases. 6.8 In the alternative to 6.7, the customer shall be entitled to cancel this agreement as a result of any increases resulting from the events set out in clause 6.7, at any time prior to commencement of the installation and the contractor shall return any funds paid by the customer. 6.9 This provision is not applicable to customers paying by a third party payment company. 6.10 If there is any difference between the STC price at the formation of this agreement and STC price at the time of installation, The contractor shall provide evidence of same to the customer and the customer shall pay the difference in cost to the contractor if there is a shortfall REFUNDS 6.11 The customer will be entitled to a full refund only under the following circumstances: 6.11.1 The final system design is significantly different to that quoted at the point of contract and is not signed off by the customer. 6.11.2 A site-specific full system design and performance estimate is not provided before the expiry of any cooling-off period and the customer does not consent to this information upon receiving it. 6.11.3 The estimated delivery timeframe for installation completion that was agreed upon at the point of contract is not fulfilled, for reasons outside the signatory’s control, and the customer does consent to a revised time frame; 6.11.4 Additional chargeable work arises which was not specified in the initial quote, and the customer does not consent to these additional costs, subject to the terms of variations set out in these terms and conditions and clause 6.7 and 6.8 above. 6.12 In the event that the customer is entitled to a refund under these terms and conditions and the installation of any products have occurred, the customer hereby provides the contractor an irrevocable authority to enter the customers property to remove the installation at a reasonable time of the Contractors convenience. 6.12.1 The contractor shall reasonably make good the location of the products upon removal and will ensure minimal disruption to the Customer and the Customers property.

 

7 SMALL-SCALE TECHNOLOGY CERTIFICATES 7.1 Government incentives in the form of Small-Scale Technology Certificates (STCs) help reduce the upfront cost of installing a solar PV system. STCs are an electronic form of currency and are allocated when a solar PV system is installed. One STC is equivalent to one megawatt-hour of electricity generated by a solar PV system. The price of STCs changes according to market conditions. The total of STCs for a solar PV system will depend on a number of factors, including the location and size of the solar PV system and the price of STCs at the time the system is installed. 7.2 The contractor has applied a discount, being equal to a reasonable expected return for the sale and administration of the STCs applicable to the system, to the price of this agreement in consideration of the customer assigning the STCs to the contractor, and as a service to the customer, the contractor will manage the complex and timeconsuming task of creating and selling the STCs. The customer shall complete any prescribed forms and/or perform all such actions to give effect to the assignment of the STCs to the contractor. 7.3 If the customer wishes to create and sell the STCs, rather than assigning them to the contractor, this may be facilitated, however, the discount which has been applied to this agreement will be null and void, and the customer will be required to pay the full/non-discounted price on or before the Install Date. 7.4 The contractor reserves the right to terminate this agreement under this clause at the contractor’s discretion.

 

8 VARIATIONS 8.1 The contractor may vary this agreement at the contractor’s discretion and the customer shall be notified in writing and requested to sign of the variations setting forth the details of such changes and the value thereof shall be added or deducted from the price as the case maybe. 8.2 Additions shall be charged as follows: labour at cost plus 10% and materials at a trade price plus 20%. 8.3 Deletions shall be made at cost. 8.3.1 This provision is not applicable to customers paying by a third party payment company and no variations will be made to the scope of works unless the customer pays the difference in the price upfront. 8.4 Where there is an agreed variation to the scope of works, a variation document will be prepared by the contractor which[lR1][JR2] will describe the variation, estimate any delay, state the change in the price and how the change in price was calculated (per this agreement) and make appropriate provision for payment. 8.4.1 This provision is not applicable to customers paying by a third party payment company and no variations will be made to the scope of works unless the customer pays the difference in the price upfront. 8.5 In the event that the customer does not agree to a variation to the scope of works of which was required by the contractor, which was not agreed to in writing prior to the installation and the final system design provided in accordance with the scope of works is significantly different[lR3][JR4] to that quoted, the customer will be entitled to a full Clean Power Australia Pty Ltd - info@cleanpoweraustralia.com.au - info@cleanpoweraustralia.com.au - 028311733P8age 13 / 20 refund.

 

9 INSTALLATION 9.1 The contractor aims to deliver and install the system by the Install Date, however, installation times are an estimate only and may vary at any time. The contractor will notify you of any time delay as soon as practicable. The contractor is not liable or responsible for any losses due to time delays and the contractor may in its absolute and unfettered discretion, change the Install Date in any of the following circumstances: (i) where there is a shortage of stock availability; (ii) where there is a shortage of installer availability; (iii) where there is inclement weather; (iv) where the nature of the site results in unanticipated installation factors and/or requires additional equipment necessary to install the system; (v) any other circumstances reasonably requiring the contractor to change the customer's Install Date outside of the contractor’s control. 9.1.1 In the event that the Install Date needs to be changed as a result of a matter within the contractor’s control, and the customer does not reasonably agree to the change in the date, the customer may elect to receive a full refund of the price. 9.2 A customer must be present at the site during the installation to provide guidance to the contractor where required, sign the mandatory declaration assigning STCs to the contractor as per the Renewable Energy Act (2000) or any other material as required or any other matter raised during the installation process. 9.3 Where the contractor arrives on the install date and the installation is delayed due to the customer not being present at the site, a rescheduling fee (approx. $300) will apply, and the installation will need to be re-booked. 9.4 It is the responsibility of the customer to review and confirm with the contractor of the customer’s approval regarding panel and/or inverter placement before the installation commences on the Install Date or any other matter required by the installer whilst on site.

 

10 WARRANTIES 10.1 There are four (4) separate warranties that apply to the system. 10.1.1 The first two warranties are in respect to the goods (the solar panels and inverter). A warranty is provided by the contractor in respect to the goods installed. The contractor warrants that if there is a valid defect in the goods installed within five (5) years of the Install Date, the contractor will remedy the defect. 10.1.1.1 The contractor reserves the right to refer warranty claims to the manufacturer at the contractor’s sole discretion. These warranties are provided by the manufacturers of these goods and are set out set out in the documentation provided at the time of installation of the system. The contractor shall not be bound nor responsible for any terms, conditions, representations or warranty given by the manufacturer. It is the customer’s responsibility to ensure the warranty cards or other registration requirements of the manufacturer of any goods supplied or installed by the contractor are completed, sent and complied with. 10.1.1.1.1 Where the contractor elects to refer any warranty claim to a manufacturer, the Contractor shall manage and oversee any warranty claims relating to the Solar Panel’s or Inverter on behalf of the customer in the event that a Warranty claim is required during the period of 5 years from the date of the products installation. 10.1.2 The third warranty on the system is the structural installation warranty. This warranty is strictly limited to the structural integrity of the panel mounting system that supports the solar panels within five (5) years of the Install date. 10.1.3 The final warranty is provided by the contractor in respect to the operation, performance and/or workmanship of the installation. The contractor warrants that if there is a valid defect in the works due to operation, performance and/or workmanship which is reported to the contractor within five (5) years of the Install Date, the contractor will remedy the defect. 10.1.3.1 The contractor will not be responsible for any claims with respect to the workmanship of the installation in the event that the alleged defect is rectified prior to the contractor having the opportunity to review the claim and/or attend to the rectification of the alleged defect. 10.2 All warranties are applicable to the original customer and are not transferable unless otherwise stated in the agreement. 10.3 In the event the customer’s warranty claim is denied, the customer will be invoiced for any costs involved in assessing customer’s claim. The warranty claims may be denied for the following reasons: 10.3.1 The warranty period has expired. 10.3.2 The goods prove to be working normally after testing. 10.3.3 The goods have been tampered with and/or seals have been broken. 10.3.4 Application beyond scope of safety standards (AS4777 & AS31000 etc). 10.4 The consumer’s rights under these warranties sit alongside the consumer guarantees which are required under Australian Consumer Legislation and cannot be excluded.

 

11 RISK AND OWNERSHIP 11.1 Risk of loss, damage or destruction to the goods shall pass to the customer upon completion of the installation. 11.2 Ownership of the goods shall remain with the contractor until the contractor has received full payment of the price, and any other monies due to the contractor under this agreement. 11.2.1 This provision is not applicable to customers paying by a third party payment company. 11.3 In the event that the customer is in breach of an essential term in accordance with this agreement, the customer hereby irrevocably authorises the contractor to enter the site at any time to uninstall and retake possession of the goods in accordance with clause 6.11. 11.3.1 This provision is not applicable to customers paying by a third party payment company. Clean Power Australia Pty Ltd - benjamin@cleanpoweraustralia.com.au - benjamin@cleanpoweraustralia.com.au - 028311733P8age 14 / 20 11.4 Any alleged rights of the customer to consequential liquidated or pre-ascertained damages are limited to the value of this agreement.

 

12 THE LAW 12.1 The law governing this agreement and any ancillary document and/or agreement made between the parties, is the law of the State of New South Wales. 12.2 The contractor must comply with the Clean Energy Council (“CEC”) Solar Retailer Code of Conduct. The following is a link to a flyer which explains the Code of Conduct: https://www.solaraccreditation.com.au/dam/solar-accred/retailers/code-of-conduct/Solar-PV-Retailer-Code-of-Conduct/Solar-Retailer-Code-of-Conduct-Sept-2015.pdf 12.3 The work will comply with: 12.3.1 The Building Code of Australia to the extent required under the Environmental Planning and Assessment Act 1979. 12.3.2 All other relevant codes, standards and specifications that the work is required to comply with under any law. 12.4 This agreement may limit the liability of the contractor for failure to comply with the above work compliance clause if the failure relates solely to: 12.4.1 A design or specification prepared by or on behalf of the customer (but not the contractor); or 12.4.2 A design or specification required by the customer if the contractor has advised the customer in writing that they go against the ‘work compliance clause’.

 

13 DISPUTE RESOLUTION 13.1 If the parties are unable to agree on a matter of fundamental importance with regard to rights and obligations and are unable to resolve the dispute within 30 business days of it first arising, they must in good faith endeavour to resolve the dispute expeditiously using informal dispute resolution techniques such as mediation. 13.2 If the dispute is not promptly resolved, any party may give notice to the other party of their intention to refer the dispute to mediation. 13.3 Where a party gives notice of their intention to refer a dispute to mediation then that party must, along with that notice, provide to the other party a memorandum setting out their position on the dispute and its reasons for adopting such a position. 13.4 If the parties do not agree within 5 business days of receipt of that notice, then the parties must mediate the dispute in accordance with the mediation rules of the Australian Commercial Disputes Centre, with the mediator to be selected and the mediation organised by them or a similar organisation. The parties must bear their own costs of dealing with any dispute, and the costs of any expert or mediator will be borne equally by the parties. 13.5 In the event the issue cannot be resolved via internal dispute resolution or mediation, the matter shall be resolved through a binding arbitration submitted through the Office of Fair Trading. NSW - 13 32 20 QLD - 13 74 68 ACT - (02) 6207 3000

 

14 SHADING AND PERFORMANCE 14.1 It is the customer’s obligation to maintain and remove any obstructions that cause shading to the solar system. 14.2 The contractor will recommend the positioning of the panels and advise of any potential reduction in system performance caused by the shading or any other possible performance issues in order to achieve the performance estimates. However, it is the customers responsibility to monitor, address and rectify whether an obstruction is causing a reduction in performance and rectify the shading issue.

 

15 BAR TO PROCEEDINGS 15.1 The Customer indemnity’s from all claims except as set out in accordance with this agreement and the indemnity can be pleaded by the Contractor as a bar to any and all proceedings commenced by the customer to any claim or proceeding released in accordance with this agreement. The bar to proceedings continues until any and all risks of loss or damages to the contractor comes to an end.

 

16 FORCE MAJEURE 16.1 The contractor will not be liable for any damages, losses or injuries caused by conditions outside of his control, including, without limitation, any fire, flood, hurricane, tsunami, war, revolution, terrorism or change to any law, regulation or government policy. 16.2 In the instance of a Force Majeure incident which prevents the contractor from attending to installation of the system, the contactor will take reasonable steps to resolve the Force Majeure incident at its discretion, including but not limited to terminating this agreement. 16.3 For the avoidance of doubt, the Parties agree that COVID-19 is an ongoing Force Major event and any un expected future circumstances arising from COVID-19 will be included under this clause.

 

17 AMENDMENTS 17.1 These terms and conditions may be amended by the contractor in writing without prior notice, subject to the variation provisions set out at clause 8 above and must be signed by the customer prior to any install commencing or progressing.[lR5][JR6]

 

18 WAIVER OR VARIATION 18.1 A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.

 

19 EMAIL, FAX or PDF EXCHANGE 19.1 These terms and conditions may be signed in any number of counterparts with the same effect as if the signatures to each counterpart were on the same instrument. Execution by either or both of the parties to the agreement of a facsimile or email copy of this agreement and transmission by facsimile or email of a copy of the agreement executed by that party to the other party constitute a valid and binding execution of this agreement by such party or parties. Clean Power Australia Pty Ltd - benjamin@cleanpoweraustralia.com.au - benjamin@cleanpoweraustralia.com.au - 028311733P8age 15 / 20

 

20 DEFAULT 20.1 Where the customer fails to observe their obligations, the agreement may be terminated immediately by the contractor and the contractor will be entitled to charge reasonable cancellation fees at the contractor’s discretion. In the event that the customer elects to rectify the failure and perform their part of the agreement, then the customer will pay all contractor’s reasonable costs of rectifying customer’s failure to perform all or such part of their obligations hereunder.

 

21 DEATH AND DISABILITY 21.1 Where either party dies or becomes incapacitated, their executor, attorney or administrator shall become responsible to perform the terms under this agreement.

 

22 PRIVACY 22.1 The contractor has obligations under the Privacy Act 1988 (Cth) and the Spam Act 2003 (Cth) in relation to the collection, use and disclosure of personal information. The contractor must comply with such legal obligations at all times.

 

Powow VPP Customers ONLY -"Virtual Power Plant Services Agreement"

 

1. Definitions & Interpretation 1.1. In this agreement a reference to: (a) any law will be read as a reference to that law as amended, consolidated, supplemented or replaced and any regulation, rule, ordinance, proclamation, by-law or judgment m that law; (b) a document includes any variation or replacement of it; (c) a person, includes an individual, firm, body corporate, an unincorporated association or an authority; and (d) the words “include”, “includes” and “including” means “including without limitation”. (e) if a provision of this agreement is invalid or unenforceable in a Jurisdiction: (i) it is to be read down or severed in that Jurisdiction to the extent of the invalidity or unenforced ability; and (ii) it does not affect the validity or enforceability of that provision in any other Jurisdiction or of the remaining provisions. (f) a waiver by a party of a provision or a right under this agreement is binding on that party only if it is given in writing. A failure by a party to exercise a right, or a delay in exercis does not operate as a waiver of that right or otherwise prevent the party exercising that right. (g) this agreement may be executed in counterparts. All counterparts together will be taken to constitute one instrument. (h) this agreement, together with the Schedule(s), and any documents referred to in this agreement, is the entire agreement of the parties about the subject matter of this agree supersedes any prior representations, negotiations, arrangements, (i) understandings or agreements and all other communications. (j) the Schedule(s) will prevail over these terms and conditions to the extent of any inconsistency. (k) any words used in this agreement and not otherwise defined will bear their normal meaning in the context they are used. 1.2. In this agreement, unless the context otherwise requires the following words and expressions have the following meanings: Clean Energy Regulator means the Clean Energy Regulator established under the Clean Energy Regulator Act 2011 (Cth). Contract Schedule is the schedule contained in this agreement. Discharge means the exporting of electricity to the Supply Address or the National Electricity Network Distributor means the third-party responsible for the generation or carriage of energy to the Supply Address as specified in the Contract Schedule. Electricity Retailer means any person or business who sells energy to another person for use at Supply Address and has a retailer authorisation under the National Energy Reta Electricity Sale Contract means an agreement between You and an Electricity Retailer for the supply of electricity to the Supply Address. Eligibility Criteria has the same meanings as statedin clause 4.2. Initial Test means an initial check conducted by Us to confirm that we can control the Solar Generation Unit remotely. Intellectual Property means all intellectual property rights (including rights in confidential information and data) throughout the world, whether present or future, registered or u including the right to apply for registration of any such rights. National Electricity Network means the physical and market infrastructure required to transport and supply electricity in New South Wales, Victoria, Queensland, South Australi Tasmania. National Energy Retail Law means the National Electricity (South Australia) Act 1996 and each subsequent act as has been adopted by each of the participating jurisdictions an Network Connection Agreement means the agreement between You and Your electricity Distributor to allow export of electricity from the Supply Address. Offer means the written offer to provide VPP Services to You at the Supply Address. Privacy Policy Statement means the policy on our website: https://powow.com.au/privacy-policy/ Power Purchase Agreement/ PPA means a Power Purchase Agreement. Regulatory Requirement means any relevant Commonwealth, State or local government regulation, including all laws, regulations, subordinate legislation, proclamations, order licence conditions, codes, guidelines or standards applicable from time to time to the supply or performance of the VPP Services at the Supply Address. Related Body Corporate has the same meaning as defined in the Corporations Act 2001(Cth). Rules means the regulatory framework for market operations, power system security, network connections and access, pricing for network services in the national electricity ma national transmission planning. Clean Power Australia Pty Ltd - benjamin@cleanpoweraustralia.com.au - benjamin@cleanpoweraustralia.com.au - 028311733P8age 16 / 20 Solar Generation Unit means the equipment that meets the Specifications and includes the photovoltaic system installed at the Supply Address, including the solar panel, batter cable, tilting frame and any accessories. Special Offer has the same meaning as expressed in the Contract Schedule. Supply Address has the same meaning as stated in the Contract Schedule Us means GTL Renewable Pty Ltd T/A Powow Energy including our agents and assigns. You acknowledge that Powow Energy has engaged Shine Hub Pty Ltd to provide the VP to you on behalf of Powow Energy. Value of Credits has the same meaning as stated in the Contract Schedule VPP Event means a period of time typically less than an hour but which may be longer in duration, during which We directly or indirectly modify Your Solar Generation Unit’s cont to perform a VPP Service. VPP Service/s means: (a) connecting to your inverter to the Virtual Power Plant network via the internet; (b) reading the data from your inverter to provide information required to operate the virtual power plant. This includes, but is not limited to, home energy usage, solar panel elec production, battery charge information, system voltage, and grid voltage. (c) charging and/or discharging your battery according to the demands of the virtual power plant; (d) providing you with information about each VPP Event in regard to how much battery power was charged and/or discharged during the event. VPP Services Term has the same meaning as nominated in the Contract Schedule. You means the Customer nominated in the Contract Schedule. 2. Agreement and VPP Services Commencement 2.1. This agreement will commence on the date You accept the Offer. 2.2. The VPP Services Term shall commence after all of the following conditions are satisfied: (a) Your Supply Address is located within the State of South Australia, Victoria, Queensland, ACT, Tasmania or New South Wales; (b) You provide Us with evidence, document and information showing that the Solar Generation Unit is installed and configured to our satisfaction and we are satisfied that the Generation Unit is compatible with the VPP Services; and, (c) we install and test any VPP Services enabling software on Your Solar Generation Unit and we are satisfied that the VPP Services are properly functioning. 2.3. By entering into this agreement, You allow Us to: (a) configure and install necessary software on the Solar Generation Unit; (b) monitor, control and manage the Solar Generation Unit; (c) obtain, use and share data or system information from the Solar Generation Unit with relevant parties for the purpose of provision of the VPP Services; and (d) carry out necessary diagnosis and trouble-shooting on the Solar Generation Unit; either remotely or, where reasonable notice is given, attend the Supply Address, to enable the ongoing provision of the VPP Services. 2.4. You acknowledge and agree that the provision of VPP Services will involve charging and discharging electricity in or from Your battery within the limit as prescribed in the O no limit is prescribed by the Offer, we may operate and configure the battery at Our sole discretion. 3. Payment 3.1. Subject to any Special Offer applicable to this agreement, we will pay You for the power we discharge from the battery at the Value of Credits in accordance with the monito of the Solar Generation Unit for the power we send from Your battery to the National Electricity Network. 3.2. Any electricity consumed from the National Electricity Network, or sent back to the National Electricity Network is billed and/or credited by Your Electricity Retailer and is sep VPP agreement. 3.3. Where You have entered into a contract with one of our Related Body Corporates for the provision of other services, such as a PPA, we may credit those accounts with any payable to You under this agreement. 3.4. Payments will be made to You in accordance with the Contract Schedule or at such other reasonable interval notified to You by Us from time to time. 3.5. Any consideration to be paid or provided for a supply made under or in connection with this agreement, does not include an amount on account of GST. If GST is payable on supply made in connection with this agreement, the party making the supply may recover the amount of that GST in addition to amounts otherwise payable, subject to providing invoice. 4. Your Obligations 4.1. You will make Your own enquiries to find out how the VPP Services may impact: (a) any Electricity Sale Contract You are a party to; (b) any existing warranties that apply to Your Solar Generation Unit; (c) Your Network Connection Agreement; (d) any feed-in tariff You receive, and You agree that We are not liable for any loss, damage or liability You suffer as a result of the impact of the VPP Services on any of the above. Clean Power Australia Pty Ltd - info@cleanpoweraustralia.com.au - benjamin@cleanpoweraustralia.com.au - 028311733P8age 17 / 20 4.2. You acknowledge and agree that during the term of this agreement You must: (a) have authority and capacity to enter into this agreement; (b) not procure other VPP Services for the Supply Address; (c) not allow any third-party to have control of the operation of the inverter and/or battery, unless required by law; (d) have a Solar Generation Unit installed at the Supply Address that meets the Specifications; (e) own or have the right to use the Solar Generation Unit or You have entered into a PPA to which the Solar Generation Unit is connected at the Supply Address; (f) own or occupy the Supply Address, or if You are not the owner of the Supply Address, have obtained written consent from the owner in relation to the entry into and performa agreement; (g) have all necessary approvals, consents or authorities from any owner, residents, owner’s corporation or local authorities; (h) have entered into an Electricity Sale Contract from an Electricity Retailer in relation to the Supply Address; (i) ensure each Solar Generation Unit is properly functioning and maintained and that You are connected to the internet on a continuous basis; (j) comply with all Regulatory Requirements in relation to the Supply Address and the Solar Generation Unit; (k) maintain a Network Connection Agreement with Your Distributor in relation to the Supply Address, the Solar Generation Unit and the solar photovoltaic system and not be in any Network Connection Agreement; (l) meet any other criteria specified by Us from time to time; and (m) provide us with the details of your nominated bank account and continually verify that those details are correct and complete. You must notify us immediately of any chang nominated bank account. 4.3. You acknowledge that You are responsible for all energy charges under Your Electricity Sale Contract associated with the use and operation of the Solar Generation Unit an are responsible for all hardware, internet enabled device, internet connection, systems and software applications that You use to download, install and/or operate to access the Services. 4.4. You agree to co-operate with Us and Your manufacturer if a software upgrade to Your Solar Generation Unit is required in order for Us to provide You with the VPP Services 4.5. You must not, and must not allow, any other person to (unless otherwise authorised in writing by Us) control, move, remove, tamper with, disable, displace or damage any S Generation Unit (including disconnecting its internet connectivity). 4.6. Despite any other clause of this agreement, You acknowledge and agree that if the terms and conditions of Your Electricity Sale Contract change (including any change to a benefit or tariff), that any benefits, including financial benefits, arising under this agreement or stated in the Contract Schedule or any estimate of system performance or other representations may be impacted, and We are not liable to You for any loss, damage or liability You suffer as a result of or in connection with any such impacts. 4.7. If the Solar Generation Unit or Supply Address is sold, leased, sublet, licensed, transferred or assigned to any other person: (a) You will notify the relevant person regarding consents in this agreement and obtain their consent; (b) You will notify Us immediately; and (c) We may provide Our consent on terms and conditions We deem reasonable, including requiring any lessee, sublessee, licensee, assignee or transferee to enter into an agreem on similar terms to this agreement, which You agree to procure. You agree to pay Us any reasonable costs incurred by Us in doing this. 5. Events 5.1. You agree that VPP Events will occur during the VPP Services Term and, and that We will not notify You of their occurrence. 5.2. You acknowledge that we will conduct an Initial Test and this will not qualify as a VPP Event. 5.3. You acknowledge that a draw from the National Electricity Network may appear as additional electricity consumption on Your electricity bill under Your Electricity Sale Cont that a Discharge may impact on the amount of electricity You have to use from the Solar Generation Unit. 5.4. If Your Solar Generation Unit has backup power, We agree that We will not allow the level of energy stored in the Solar Generation Unit to drop below the manufacturer’s reco levels (quoted in the Specification of Offer) as a result of a Discharge from the Solar Generation Unit during a VPP Event. 6. Variations and change in law 6.1. We may by written notice to You immediately vary this agreement: (a) as We consider necessary to accommodate any change in any Regulatory Requirements or where We are permitted to do so by a Regulatory Requirement; (b) to make a change that You have requested or expressly consented to; (c) to make an administrative or typographical change; or (d) to make the terms of this agreement more favourable to You; or (e) if We can demonstrate that due to a change in Regulatory Requirements a cost associated with the supply of the Services has increased after the commencement of the VPP Term, we may decrease the value of the Credits by a reasonable corresponding amount; and such variation will be deemed to be incorporated into this agreement. 6.2. We may by written notice to You request to vary this agreement in circumstances other than set out in clause 6.1(a) above and upon receipt of the notice, You can either: (a) accept the proposed variation and the agreement will continue with the variation; or (b) opt not to accept the proposed variation and terminate the agreement in accordance with clause 7.1. 7. Termination 7.1. Either You or We may terminate this agreement without cause on 30 days written notice to the other party. 7.2. This agreement is deemed to be terminated, if You cease to be the owner of the Supply Address or, in the event that the You are a tenant of the Supply Address, ceases to be Clean Power Australia Pty Ltd - benjamin@cleanpoweraustralia.com.au - benjamin@cleanpoweraustralia.com.au - 028311733P8age 18 / 20 of the Supply Address; 7.3. You may terminate this agreement by written notice if we are in breach of this agreement and the breach is not remedied within seven (7) days upon receiving written notice the breach; 7.4. We may terminate this agreement by providing seven (7) days written notice to You, if (a) You breach this agreement, and the breach is not remedied within 7 days upon receiving written notice from Us; (b) any information or document provided by You before the entering of this agreement is found to be inaccurate, misleading or incorrect; and (c) in our reasonable opinion, the Solar Generation Unit is rendered unsafe or unsuitable for the provision of the VPP Services. 8. Effect of termination- general 8.1. On expiry or termination of this agreement, We will: (a) return the Solar Generation Unit to its settings prior to the provision of the VPP Services; and (b) cease to perform any charging or discharging of Your battery. 8.2. Should this agreement be terminated under clause 7, before the expiry of the VPP Services Term, You shall not be entitled to continue to receive any Special Offer under any you have with a Related Body Corporate. 9. Electricity distributor and consents 9.1. You warrant that You meet all Eligibility Criteria. 9.2. You must immediately notify Us if Your Network Connection Agreement is amended or terminated. 10. End of VPP Services Term 10.1. On expiry or termination of this agreement, We will: (a) return the Solar Generation Unit to its settings prior to the provision of the VPP Services; and (b) cease to perform any charging or discharging of Your battery. 11. General Warranties 11.1. If any condition or warranty is implied into this agreement by law (including by any statute), then Our liability (if any) for breach of that condition or warranty in connection goods or services supplied or to be supplied by Us under this agreement (that are not of a kind ordinarily acquired for personal, domestic or household consumption), is limited, a law permits and at Our option, to resupplying the goods or services or paying for their resupply. 11.2. Nothing in this agreement is to be taken to exclude, restrict or modify any condition or warranty that We are prohibited by law from excluding, restricting or modifying. All o conditions and warranties, whether or not implied by law, are excluded 12. Intellectual Property 12.1. Intellectual Property owned by either party at the commencement of this agreement remains the property of that party. 12.2. Any Intellectual Property developed or created during the performance of this agreement vests in Us immediately upon its creation and You assign all right, title and interes Intellectual Property to Us and will do any further acts or execute any documents required by Us to effect such assignment. 12.3. Without limiting any other clause of this agreement, to the extent You provide, submit, send or receive information or content in which You own Intellectual Property to Us u connection with this agreement, You provide Us with a perpetual royalty-free worldwide license to use, reproduce, modify, adapt and create derivative works in such Intellectual P the purposes of improving and developing our products and services. 13. Data 13.1. You consent to: (a) the transmission of the Data to Us; (b) Our access to and use of the Data for any purpose We see fit (subject to privacy laws and Our privacy policy); (c) Our use and sharing of the Data with third parties, including any contractor providing the VPP Services, the relevant manufacturer, the Australian Energy Market Operator, th Energy Regulator, a Distributor, a government agency or any person as required under the Regulatory Requirements or any person involved in the supply chain of a virtual power which Your VPP Services are associated and to these third parties using and sharing this Data for any purpose they see fit (subject to privacy laws); (d) Us and Our Related Bodies Corporate using Your Data for internal assessments, developing new products and services and marketing activities for existing or new products services; (e) the above consents for Us to receive Data continuing even if We or any of Our Related Bodies Corporate cease to be Your Electricity Retailer, the metering provider or the mete provider for Your Supply Address; (f) Us accessing and using the meter data from the Distributor Network Service Provider and National Energy Market participants if required, and notifying third parties of this co necessary to continue supplying You with products and services, as well as confirming Your consent by completing or signing documents provided to You. (g) Where We are permitted by Regulatory Requirements, You give consent for Us to access and use information that is recorded prior to the date that You accept the Offer. (h) You may withdraw the consents contained in this VPP Services Agreement at any time by notifying Us, but doing so may prevent Us from providing You with the VPP Service impact the functionality of the Solar Generation Unit and VPP Services (and by withdrawing consent You agree that We may in Our absolute discretion suspend or terminate the VPP Services that We consider are potentially affected by the loss of such consent). (i) This clause survives termination or expiry of this agreement. Clean Power Australia Pty Ltd - benjamin@cleanpoweraustralia.com.au - info@cleanpoweraustralia.com.au - 028311733P8age 19 / 20 14. Privacy and Confidential Information 14.1. We may collect and disclose personal information (as defined in the Privacy Act 1988 (Cth)) about You in accordance with Our Privacy Policy Statement. We may also disclose personal information about You where disclosure is required: (a) to verify Your creditworthiness for the purposes of recovering any amounts owed by You under this agreement; or, (b) for the Us to carry out Our obligations or exercise Our rights under this agreement. 15. Liability and indemnity 15.1. Except as otherwise provided for in this agreement, We have no Liability for any loss or damage that You suffer arising as a consequence of, the provision of VPP Services Supply Address, unless and to the extent that Your loss or damage is directly caused by a breach of this agreement or by the wilful or negligent act or omission by Us. 15.2. Each party shall mitigate any damages or loss suffered or incurred as a result of any breach of this agreement by any other party. 15.3. We have no Liability to the You for: (a) any indirect or consequential losses or damages of any kind; or (b) any Economic Loss. 15.4. So far as the law allows and subject to clauses 15.1 or 15.3, Our Liability to You arising out of or in connection with this agreement is limited to loss, damages, costs, charg expenses directly sustained or incurred by You as a result of: (a) personal injury to the You or Your employees or agents; or, (b) damage to Your property or its employees or agents, caused by Our breach of this agreement or negligent act or omission, up to a maximum of $1,000 per event. 16. Regulatory Requirements 16.1. Where Regulatory Requirements are optional or permit the parties to vary or exclude them by agreement, if a term or condition agreed between the parties in this agreemen inconsistent with a Regulatory Requirement, the term or condition will prevail to the extent permitted. 16.2. If any matter required to be dealt with by a Regulatory Requirement is not, or is only partly, expressly dealt with in this agreement; or any term or condition of this agreemen rendered void for inconsistency with a Regulatory Requirement, the relevant Regulatory Requirement is incorporated into this agreement in whole or in part as required. 17. Force Majeure Event 17.1. Neither party shall be liable to the other party for any loss caused by any failure to observe the terms and conditions of this agreement, where such failure is occasioned by beyond its reasonable control including but not limited to by fire, flood, riot, strike, war, restrictions and prohibitions or any other actions by any government or semi government 18. Assignment 18.1. You may only assign Your rights and obligations under this agreement with Our prior written consent. 18.2. You hereby grant Your unconditional consent to the assignment by Us of any or all of Our rights or obligations (including a novation of all of Our rights and obligations) un agreement. You agree to sign any documentation necessary or convenient to give effect to this transfer or novation. 19. Notices 19.1. A notice or other communication to a party must be in writing and delivered to that party or that party’s practitioner in one of the following ways: (a) Delivered personally; or (b) Posted to their address when it will be treated as having been received on the second business day after posting; or (c) Faxed to their facsimile number when it will be treated as received when it is transmitted; or (d) Sent by email to their email address, when it will be treated as received when it enters the recipient’s information system. 20. Complaint handling and dispute resolution 20.1. If a dispute arises between the parties, the complainant must not commence any court or arbitration proceedings, except where that party seeks urgent interlocutory relief has first complied with this clause: 20.2. The complainant must inform the respondent by written notice of the following: (a) The nature of the dispute; (b) The outcome the complainant desires, and (c) The action the complainant believes will settle the dispute. 20.3. On receipt of the complaint by the respondent, both parties will make every effort to resolve the dispute by mutual negotiation within 14 business days. 20.4. Any unresolved dispute or difference whatsoever arising out of or in connection with this agreement shall be submitted to mediation under the Mediation Rules of the Reso Institute. 20.5. This clause survives termination of this agreement. 21. Waiver Clean Power Australia Pty Ltd - benjamin@cleanpoweraustralia.com.au - info@cleanpoweraustralia.com.au - 028311733P8age 20 / 20 This proposal has been prepared by Clean Power Australia Pty Ltd using tools from OpenSolar. Please visit www.opensolar.com/proposal-disclaimer for additional disclosures from OpenSolar. 21.1. Any waiver by any party to a breach of this agreement shall not be deemed to be a waiver of a subsequent breach of the same or of a different kind. 22. Severability 22.1. If anything in this agreement is unenforceable, illegal or void, it is severed and the rest of the agreement remains in force. 23. Applicable Law 23.1. The laws in force in New South Wales govern this agreement and each party submits to the non-exclusive jurisdiction of the courts having jurisdiction in New South Wales. 23.2. The parties acknowledge that the laws of a Jurisdiction may impose certain requirements on the form or content of agreements within the Jurisdiction. To the extent that agreement is inconsistent with such laws, the terms of this agreement will be deemed amended to the extent necessary to comply with those laws. 24. Entire Agreement 24.1. This agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this agreement, and supersedes any pr understanding, arrangement, representation or agreements between the parties as to the subject matter contained in this agreement.

This website is operated by Clean Power Australia store. Throughout the site, the terms “we”, “us” and “our” refer to Clean Power Australia store. Clean Power Australia store offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: [LINK TO REFUND POLICY]

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Clean Power Australia store, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Clean Power Australia store and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - Postcode eligibility

Below is the list of eligible postcodes. 

200,1350,1485,1560,1825,2000,2006,2007,2008,2009,2010,2011,2015,2016,2017,2018,2019,2020,2021,2022,2023,2024,2025,2026,2027,2028,2029,2030,2031,2032,2033,2034,2035,2036,2037,2038,2039,2040,2041,2042,2043,2044,2045,2046,2047,2048,2049,2050,2055,2060,2061,2062,2063,2064,2065,2066,2067,2068,2069,2070,2071,2072,2073,2074,2075,2076,2077,2079,2080,2081,2082,2083,2084,2085,2086,2087,2088,2089,2090,2092,2093,2094,2095,2096,2097,2099,2100,2101,2102,2103,2104,2105,2106,2107,2108,2110,2111,2112,2113,2114,2115,2116,2117,2118,2119,2120,2121,2122,2125,2126,2127,2128,2130,2131,2132,2133,2134,2135,2136,2137,2138,2140,2141,2142,2143,2144,2145,2146,2147,2148,2150,2151,2152,2153,2154,2155,2156,2157,2158,2159,2160,2161,2162,2163,2164,2165,2166,2167,2168,2170,2171,2172,2173,2174,2175,2176,2177,2178,2179,2190,2191,2192,2193,2194,2195,2196,2197,2198,2199,2200,2203,2204,2205,2206,2207,2208,2209,2210,2211,2212,2213,2214,2216,2217,2218,2219,2220,2221,2222,2223,2224,2225,2226,2227,2228,2229,2230,2231,2232,2233,2234,2250,2251,2256,2257,2258,2259,2260,2261,2262,2263,2264,2265,2267,2278,2280,2281,2282,2283,2284,2285,2286,2287,2289,2290,2291,2292,2293,2294,2295,2296,2297,2298,2299,2300,2302,2303,2304,2305,2306,2307,2308,2311,2315,2316,2317,2318,2319,2320,2321,2322,2323,2324,2325,2326,2327,2328,2330,2331,2333,2334,2335,2420,2421,2425,2500,2502,2505,2506,2508,2515,2516,2517,2518,2519,2525,2526,2527,2528,2529,2530,2533,2534,2535,2536,2537,2538,2539,2540,2541,2545,2546,2555,2556,2557,2558,2559,2560,2563,2564,2565,2566,2567,2568,2569,2570,2571,2572,2573,2574,2575,2576,2577,2578,2579,2580,2581,2582,2583,2584,2585,2586,2587,2588,2594,2600,2601,2602,2603,2604,2605,2606,2607,2609,2611,2612,2614,2615,2617,2618,2619,2620,2621,2622,2623,2626,2630,2720,2726,2727,2745,2747,2748,2749,2750,2752,2753,2754,2756,2757,2758,2759,2760,2761,2762,2763,2765,2766,2767,2768,2769,2770,2773,2774,2775,2776,2777,2778,2779,2780,2782,2783,2784,2785,2786,2787,2790,2791,2792,2793,2794,2795,2797,2798,2799,2800,2803,2804,2805,2806,2807,2808,2809,2845,2846,2847,2848,2849,2850,2864,2865,2866,2867,2871,2890,2900,2902,2903,2904,2905,2906,2911,2912,2913,2914,1350,1485,1560,1825,2000,2006,2007,2008,2009,2010,2011,2015,2016,2017,2018,2019,2020,2021,2022,2023,2024,2025,2026,2027,2028,2029,2030,2031,2032,2033,2034,2035,2036,2037,2038,2039,2040,2041,2042,2043,2044,2045,2046,2047,2048,2049,2050,2055,2060,2061,2062,2063,2064,2065,2066,2067,2068,2069,2070,2071,2072,2073,2074,2075,2076,2077,2079,2080,2081,2082,2083,2084,2085,2086,2087,2088,2089,2090,2092,2093,2094,2095,2096,2097,2099,2100,2101,2102,2103,2104,2105,2106,2107,2108,2110,2111,2112,2113,2114,2115,2116,2117,2118,2119,2120,2121,2122,2125,2126,2127,2128,2130,2131,2132,2133,2134,2135,2136,2137,2138,2140,2141,2142,2143,2144,2145,2146,2147,2148,2150,2151,2152,2153,2154,2155,2156,2157,2158,2159,2160,2161,2162,2163,2164,2165,2166,2167,2168,2170,2171,2172,2173,2174,2175,2176,2177,2178,2179,2190,2191,2192,2193,2194,2195,2196,2197,2198,2199,2200,2203,2204,2205,2206,2207,2208,2209,2210,2211,2212,2213,2214,2216,2217,2218,2219,2220,2221,2222,2223,2224,2225,2226,2227,2228,2229,2230,2231,2232,2233,2234,2250,2251,2256,2257,2258,2259,2260,2261,2262,2263,2264,2265,2267,2278,2280,2281,2282,2283,2284,2285,2286,2287,2289,2290,2291,2292,2293,2294,2295,2296,2297,2298,2299,2300,2302,2303,2304,2305,2306,2307,2308,2311,2312,2315,2316,2317,2318,2319,2320,2321,2322,2323,2324,2325,2326,2327,2328,2329,2330,2331,2333,2334,2335,2336,2337,2338,2339,2340,2343,2354,2415,2420,2421,2422,2423,2424,2425,2426,2427,2428,2429,2430,2439,2441,2443,2444,2445,2446,2500,2502,2505,2506,2508,2515,2516,2517,2518,2519,2525,2526,2530,2555,2556,2557,2558,2559,2560,2563,2564,2565,2566,2567,2568,2569,2570,2571,2572,2573,2574,2575,2745,2747,2748,2749,2750,2752,2753,2754,2756,2757,2758,2759,2760,2761,2762,2763,2765,2766,2767,2768,2769,2770,2773,2774,2775,2776,2777,2778,2779,2780,2782,2783,2784,2785,2786,2787,2790,2845,2846,2847,2848,2849,2890,2583,2787,2791,2792,2793,2795,2797,2798,2799,2800,2808,2477,2478,2479,2480,2481,2482,2483

 

SECTION 21 -CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@cleanpoweraustralia.com.au.