1 GENERAL TERMS AND CONDITIONS
1.1 GreenDeal Pty Ltd (GD), (ABN: 53 614 463 142), is committed to protecting your privacy. This Privacy Statement applies to our Websites and governs data collection and usage of it. By using any services of the Websites, you consent to the data practices described in this statement.
2 COLLECTION OF YOUR PERSONAL INFORMATION
2.1 GD collects personally identifiable information, such as e-mail addresses, names, home or work addresses or telephone numbers. GD also collect anonymous demographic information, which is not unique to you, such as postcodes, ages, genders, preferences, interests and favourites.
2.2 There may also information about your computer hardware and software that is automatically collected by GD. This information can include: your IP address, browser type, domain names, access times and referring Website addresses. This information may be used by GD for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of GD websites.
3 USE OF YOUR PERSONAL INFORMATION
3.1 GD collects and uses your personal information to operate the GD website and deliver the services you have requested. Where the services you have requested are delivered by another party, GD may provide your details to another party to allow them to perform the services required.
3.2 GD also use your personally identifiable information to inform you of other products or services available from us. GD may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
3.3 GD will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to:
(a) conform to the edicts of the law or comply with legal process served on GD or
(b) protect and defend the rights or property of GD; and,
(c) act under exigent circumstances to protect the personal safety of users of GD, or the public.
4 CHANGES TO THIS STATEMENT
4.1 GD will occasionally update this Privacy Statement to reflect feedback received.
Terms And Conditions
The GD provision of online platform and services may only be used subject to these Terms and Conditions. Upon completion of online registration as a User of the System by You, You agree to be subject to these Terms. By completing the online registration process, You represent and warrant that You have the right, authority and capacity to accept these Terms and Conditions and agree to abide by the Terms. If You do not agree to these Terms, You must not use or access the System
In these Terms and Conditions:
Account means the account on the System, or maintained on the System including retailer website account and installer application account;
Condition means any term or condition which is outlined or contained here;
Intellectual Property Rights means all intellectual property rights, including: patents, copyright, rights in circuit layouts, registered designs, trade marks; and any application or right to apply for registration of any of those rights;
Non-excludable Condition means an implied condition or warranty the exclusion of which from a contract (including a contract with a consumer as defined in the Trade Practices Act 1974) would contravene any statute or cause any part or all of these Terms and Conditions to be void;
System means Website and associated process and Software.
(a) the computer software program “GreenDeal”.
(b) the “GreenDeal Installer Application” for smart phones.
Policies mean the policies specific to particular features of the System as available via the Website and as updated or amended from time to time in accordance with clause 15;
(a) The access to the Software via Website given by GD.
(b) Any available new versions or updates for You via Website.
Website means any URL via which the hosted software is being served by GD to You.
Term means any term or condition contained in this Agreement;
User means a GD client, who has an account created by GD for the purpose of allowing that client to access and use the GD System for the purpose of related website or software function.
You means the GD user or client.
In these Terms and Conditions, any use of the verb includes, or of words such as for example or such as, do not limit anything else that is included in general speech.
2. ACCEPTANCE OF TERMS AND CONDITIONS
By clicking "I agree to the Terms and Conditions" when You create an Account, You agree to be bound by these Terms and Conditions and any Policies, including any update or amendment made to these terms and conditions in accordance with this Agreement.
3. GRANT OF LICENCE
3.1 GD grants You a non-exclusive and non-transferable licence to participate in the GD System.
4. GD SYSTEM
4.1 GD will maintain electronic or other records for each User's Account. These records will contain the name and contact details of the User to whom the login was issued.
4.2 The User consents to the use of the User's personal information for this purpose and acknowledges that it is the User's responsibility to advise GD of any changes to the information provided in the User's application (e.g. contact details).
4.3 The User acknowledges receiving a copy of the GD Privacy Statement. The current GD Privacy Statement can be viewed on the GD Websites. Hard copies will be made available on request.
4.4 GD may use personal information collected from Users for any other purpose mentioned in GD Privacy Statement, including notifying Users of new services, changes to conditions of use and changes to or discontinuance of services, and for related market research.
5. YOUR OBLIGATIONS
5.1 Except as expressly permitted by the Copyright Act 1968 (Cth) You must not, and You must not allow any other person to reproduce, modify or adapt the System, the Website or its contents.
5.2 You must not, and You must not allow any other person to, use the Software, the Website or its contents:
(a) make sure that any data entered onto Software and Website is accurate and reliable.
(b) so as to breach any law or regulation (including any trade practices or fair trading legislation), infringe a third party’s rights, or breach any standards, content requirements or codes promulgated by any relevant authority; or
(c) in connection with any information or material that may be, or that may encourage conduct that may be, unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent.
5.3 You are responsible for maintaining the confidentiality of the Account identification, password, security questions and answers and any other information specific to Your Account.
5.4 You must immediately return any forms as required to GD and the failure to do so, on request, constitutes a material and fundamental breach of this Agreement.
6. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that these Terms and Conditions do not transfer any Intellectual Property Rights to You in the GD System or its contents, except for the licence granted under clause 3.
7.1 GD may suspend or terminate the licence granted under clause 3 and remove Your access to and Your participation in the System at any time and for any reason, including but not limited to:
(a) breach any of these Terms and Conditions; or
(b) if there is a suspicion that the Account has been used for unauthorised, unusual or illegal activity.
7.2 Users may terminate this Agreement by requesting the closure of their Account via email to firstname.lastname@example.org
7.3 On termination of these Terms and Conditions:
(a) Your access to the System will be removed by GD
(b) Your recorded installation details including owner’s details, contacts, signatures etc.
8. LIMITATION OF LIABILITY
8.1 You acknowledge that:
(a) except for Non-excludable Conditions, GD make no warranties or representations about the System or its accuracy, reliability, completeness, currency, or ability to achieve any purpose;
(b) except for liability for breach of any Non-excludable Condition, GD is not liable for any loss or damage arising out of a User’s use of the GD System;
(c) GD is not liable if the System is unavailable for any reason;
(d) GD is not responsible for any instructions that You provide via the System and is not responsible for detecting any errors in Your Account instructions;
9.1 GD provides You with a help desk for any queries in relation to the GD System, only between 9am to 5.30pm Brisbane time on business days in Brisbane.
9.2 GD will use reasonable commercial efforts to maintain the System.
9.3 You acknowledge that:
(a) communications through the System are not secure and may be subject to interception and loss of data; and
(b) You are responsible for Your network security.
9.4 GD cannot guarantee that the System will be free of errors or viruses.
9.5 GD does not guarantee or warrant that Your existing equipment, hardware or software is compatible with the System.
9.6 This document sets out the entire agreement between the parties in relation to its subject matter and all prior representations are excluded.
9.7 GD may suspend Your access to the System in whole or in part at any time without notice or compensation where deemed necessary in GD sole discretion.
9.8 You cannot assign or otherwise transfer the benefit of this Agreement without the prior written consent of GD. GD may assign or otherwise transfer the benefit of this Agreement to any third party that purchases or acquires the business which conducts the System.
10.1 GD may vary the Terms and Conditions and Policies from time to time by giving written notice of the variation to You.
11. GOVERNING LAW
These Terms and Conditions are governed by the law applicable in Queensland, Australia and You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that state.