Energy Makeovers Pty Ltd WEBSITE TERMS AND CONDITIONS
20 September 2013
- These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
- You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
License to use website
- Unless otherwise stated, Energy Makeovers Pty Ltd and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
- You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
- You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website except for content specifically and expressly made available for redistribution.
- You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Energy Makeovers Pty Ltd express written consent.
- You must not use this website to transmit or send unsolicited commercial communications.
- You must not use this website for any purposes related to marketing without Energy Makeovers Pty Ltd express written consent.
- Access to certain areas of this website is restricted. Energy Makeovers Pty Ltd reserves the right to restrict access to certain areas of this website, or indeed this entire website, at Energy Makeovers Pty Ltd discretion.
- If Energy Makeovers provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
- Energy Makeovers Pty Ltd may disable your user ID and password in Energy Makeovers Pty Ltd sole discretion without notice or explanation.
- In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
- You grant to Energy Makeovers Pty Ltd a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Energy Makeovers Pty Ltd the right to sub-license these rights, and the right to bring an action for infringement of these rights.
- Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Energy Makeovers Pty Ltd or a third party (in each case under any applicable law).
- You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
- Energy Makeovers Pty Ltd reserves the right to edit or remove any material submitted to this website, or stored on Energy Makeovers Pty Ltd servers, or hosted or published upon this website.
- Notwithstanding Energy Makeovers Pty Ltd rights under these terms and conditions in relation to user content, Energy Makeovers Pty Ltd does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
- This website is provided “as is” without any representations or warranties, express or implied. Energy Makeovers Pty Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website.
- Without prejudice to the generality of the foregoing paragraph, Energy Makeovers Pty Ltd does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
- Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
- Energy Makeovers Pty Ltd will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
- These limitations of liability apply even if Energy Makeovers Pty Ltd has been expressly advised of the potential loss.
- Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Energy Makeovers Pty Ltd liability in respect of any:
- death or personal injury caused by Energy Makeovers Pty Ltd negligence;
- fraud or fraudulent misrepresentation on the part of Energy Makeovers Pty Ltd; or
- matter which it would be illegal or unlawful for Energy Makeovers Pty Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.
- By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
- If you do not think they are reasonable, you must not use this website.
- You accept that, as a limited liability entity, Energy Makeovers Pty Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Energy Makeovers Pty Ltd officers or employees in respect of any losses you suffer in connection with the website.
- Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Energy Makeovers Pty Ltd officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Energy Makeovers Pty Ltd.
- If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
- You hereby indemnify Energy Makeovers Pty Ltd and undertake to keep Energy Makeovers Pty Ltd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Energy Makeovers Pty Ltd to a third party in settlement of a claim or dispute on the advice of Energy Makeovers Pty Ltd legal advisers) incurred or suffered by Energy Makeovers Pty Ltd arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
- Without prejudice to Energy Makeovers Pty Ltd other rights under these terms and conditions, if you breach these terms and conditions in any way, Energy Makeovers Pty Ltd may take such action as Energy Makeovers Pty Ltd deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
- Energy Makeovers Pty Ltd may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
- Energy Makeovers Pty Ltd may transfer, sub-contract or otherwise deal with Energy Makeovers Pty Ltd rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
- You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
- If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- These terms and conditions constitute the entire agreement between you and Energy Makeovers Pty Ltd in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
- These terms and conditions will be governed by and construed in accordance with Victorian law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Victoria.
- This document was created using a Contractology template available at http://www.freenetlaw.com.
Energy Makeovers Pty Ltd Certificate Trading Terms & Conditions
In submitting a VEEC or STC submission to Energy Makeovers Pty Ltd via the Energy Makeovers Pty Ltd' website, the client acknowledges that they have read and accept the following Terms & Conditions:
- 'Energy Makeovers Pty Ltd' means Energy Makeovers Pty. Ltd., its authorised Agents or Representatives;
- 'Client' means the person(s) or business who submits a VEEC or STC submission to Energy Makeovers Pty Ltd, whether or not they be the person who assigned the rights to create VEECs and/or STCs to Energy Makeovers Pty Ltd;
- 'Submission' means any VEEC and/or STC assignment form that has been properly submitted to Energy Makeovers Pty Ltd via the online portal with all required compliance documentation attached and represents a mere offer to Energy Makeovers Pty Ltd to create and purchase the Certificates associated with that submission;
- 'Pending' means the submission has been submitted to Energy Makeovers Pty Ltd and is under review pending acceptance or rejection or amendments. This does not bind Energy Makeovers Pty Ltd to accept the offer made;
- 'Approved' means Energy Makeovers Pty Ltd has approved the submission and accepts the offer made, subject to thesubmission being valid in accordance with ESC or REC Registry compliance requirements. The submission may be subsequently rejected if it is not a properly valid VEEC and/ or STC claim;
- 'Quarantined' means the submission is under investigation and further information may be required by the client;
- 'Submitted to Regulator' means that Energy Makeovers Pty Ltd have submitted the submission to the appropriate Regulator and are awaiting confirmation that the submission is valid;
- 'Paid' means Energy Makeovers Pty Ltd have authorised the submission for payment. Once a submission is marked 'paid', payment will be paid to the bank account nominated on the submission within 7 business days. It is only when Energy Makeovers Pty Ltd authorises a submission for payment that the submission is deemed valid and accepted by Energy Makeovers Pty Ltd. This constitutes acceptance of the offer made by the client;
- 'Regulator' means either the Essential Services Commission (hereinafter referred to as the 'ESC') or the Clean Energy Regulator (hereinafter referred to as the 'CER').
- 'Website' means Energy Makeovers Pty Ltd Trading website www.trading.energymakeovers.com.au;
- 'Certificate' means either a Victorian Energy Efficiency Certificate (hereinafter referred to as a 'VEEC') and/ or a Small-Scale Technology Certificate (hereinafter referred to as an 'STC')
Offer & Acceptance
- When a client sends a submission to Energy Makeovers Pty Ltd via the website, this constitutes an offer to Energy Makeovers Pty Ltd to create and purchase the certificates associated with the submission. The certificate quantity associated with each submission will be the amount of certificates the relevant Regulator attributes to such a claim and not the quantity as submitted by a client.
- By submitting the submission to Energy Makeovers Pty Ltd, the client consents to Energy Makeovers Pty Ltd reviewing and auditing the submission prior to approval. This may involve field audits to visually inspect the product(s) installed and/or decommissioned
- Where further information or documentation is requested, the client is required to obtain and provide same to Energy Makeovers Pty Ltd in a timely fashion. If the price displayed has increased or decreased in the intervening period, Energy Makeovers Pty Ltd reserves the right to amend the price to be paid for the associated certificates accordingly.
- An offer is only deemed to have been accepted by Energy Makeovers Pty Ltd when the status of the submission is updated to 'Approved' unless otherwise expressly agreed between the parties.
Consideration & Price
- The current monetary value of a certificate is displayed on the top left hand side of the website. This displayed price is subject to review twice daily.
- When a submission has been approved by Energy Makeovers Pty Ltd, payment will be made to the nominated bank account as per the price displayed on the website at the time of submission unless expressly informed otherwise i.e. Quantity of Certificate x Unit value of Certificate as displayed on the website.
- Energy Makeovers Pty Ltd will use its best endeavours to ensure payment is made to the nominated bank account within 7 business days. Energy Makeovers Pty Ltd will not be held responsible is payment if not made due to circumstances beyond its control, for example, incorrect or invalid bank details are supplied.
- Neither Clause 3.2 or Clause 3.3 will apply in circumstances where:
- 4.1. the submission claim is in excess of 1000 Certificates;
- 4.2. the submission is subsequently rejected or failed or returned by the relevant Regulator for any reason ;
- 4.3. the submission is deemed non-compliant, invalid or illegitimate as may be determined by Energy Makeovers Pty Ltd;
- Energy Makeovers Pty Ltd, wholly and without prejudice, reserves the right to reject any submission, notwithstanding that the certificate value of the submission has been paid to the client and/or its nominated bank account'
- Energy Makeovers Pty Ltd will not be liable for any submission that may be rejected/returned and is then found is to be outside the cut off time for certificates to be created.
- Where a submission has been paid to a client incorrectly or is subsequently deemed an invalid claim as determined by Energy Makeovers Pty Ltd, Energy Makeovers Pty Ltd will debit the amount paid against the clients account unless other arrangements are agreed between the parties.
- 3.1. Each and every client will be responsible for repaying the amount overpaid within 28 days.
- 3.2. The amount owing may be off set against any future submission, if expressly agreed with Energy Makeovers Pty Ltd in writing.