BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO

Solar Analytics Platform Terms and Conditions

Terms of Use

BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO THE TERMS AND CONDITIONS OF OUR TERMS OF USE AGREEMENT.

THIS TERMS OF USE AGREEMENT INCLUDES A PRIVACY POLICY (PART I), WARRANTY INFORMATION (PART II), AND A LICENSE AGREEMENT GOVERNING THE USE OF THE SOLAR ANALYTICS WEBSITE AND PLATFORM (PART III).

Please note: If you have a separate signed agreement with Solar Analytics, that agreement will take precedence over these terms of use in cases where the two diverge.

PART I: Privacy Policy

Solar Analytics is committed to helping you maintain your privacy and security on our platform. The purpose of our Privacy Policy is to inform you about the types of information we might collect when you use our platform, and how that information may be used or disclosed.

All information collected by us or voluntarily provided by you to us is governed by the Privacy Act 1988 (Cth). Information about this can be found on the Privacy Commissioner's website http://www.oaic.gov.au/privacy/privacy-act/the-privacy-act.

Collection & Use of Information

Solar Analytics collects Personally Identifiable Information, as well as general information which cannot be linked to you. We use your Personally Identifiable Information to operate our Platform and deliver its services to you. We may also use your Personally Identifiable Information to inform you of other products or services available from Solar Analytics and its affiliates, or for research purposes. We do not provide customer lists to third parties.

You do not need to provide us with your Personally Identifiable Information but if you do not provide us with the personal information we need, we may not be able to provide our services or assistance to you.

Personally Identifiable Information

This refers to information Personally Identifiable Information and specific to you. This may include your name, email address, and phone number. In addition, any emails or other correspondence may be tracked as well. We use this information to provide better services to you.

Cookies

A "cookie" is a small amount of information that is sent to your web browser from a web server and is stored on your computer's hard disk. The use of cookies helps to personalise your online experience and distinguish you from other users of our website.

Our website uses cookies. For further information on the types of cookies we use please see: www.solaranalytics.com. For further information on third party cookies we use, please see www.solaranalytics.com.

Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon as you visit our site. By visiting our website you consent to Solar Analytics' use and storing of cookies on your computer or mobile device. If you do not consent at any time, you will need to delete or block your cookies using your internet browser settings.

If you use your browser settings to delete or block our cookies (including essential cookies) you may not be able to access all or parts of this website.

For further information on types of cookies, adjusting, deleting or blocking cookies, the following links may be helpful: https://en.wikipedia.org/wiki/HTTP_cookie.

Sharing Your Information

Except as disclosed in this Privacy Policy, we do not sell, trade, rent, or otherwise retransmit any Personally Identifiable Information we collect online unless we have your permission. Any Personally Identifiable Information is for internal use only except as required by government or for law enforcement reasons.

Links to Third-Party Websites

Solar Analytics may provide you with links to third-party websites for your information and convenience, or to provide additional information for various other goods and services. If you use these links, you will be leaving our Platform. This Privacy Policy does not cover third-party websites. We make no representation about the accuracy of and take no responsibility whatsoever for the information displayed on third party websites.

Privacy Policy Changes

Any updates or changes to the terms of this Privacy Policy will be posted here on our platform. Please be sure to check this statement frequently to be sure you have the latest version.

After reading the above and by using our Website, you acknowledge acceptance of the above Privacy Policy in effect at the time of use and consent to our use if your personal information in accordance with the above Privacy Policy.

Security

Solar Analytics takes reasonable steps to protect any Personally Identifiable Information that we hold from misuse, interference and loss and from unauthorised access, alteration and disclosure. However data protection measures are never completely secure and we cannot guarantee the security of your Personally Identifiable Information. You should notify us immediately if you become aware of any security breaches.

Accessing or Correcting your Personally Identifiable Information

If you wish to access the Personally Identifiable Information we hold about you or request correction of it, you may do so subject to a small number of legal restrictions or exemptions which we will advise you about at the time of your request. Such request can be made to us in writing, addressed to Privacy Officer using the contact details at https://www.solaranalytics.com/contact-us.

Contact Us

If you have a query relating to this Privacy Policy, or wish to make a complaint, please contact us in writing, addressed to Privacy Officer using the contact details at https://www.solaranalytics.com/contact-us.

Part II: Warranty Information

Platform Information

The information and materials contained on this platform, including text, graphics, links or other items – are provided "as is" and "as available". While Solar Analytics makes best efforts to ensure the accuracy of all its information and employs several layers of redundancy to this purpose, Solar Analytics does not warrant the accuracy, adequacy, or completeness of the information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied or statutory, is given in conjunction with the information and materials.

Solar Analytics makes no representation whatsoever that the information you obtain by using this website is free from faults, defects, computer viruses or malware, and its liability in respect of such events is excluded to the fullest extent permitted under applicable law.

Solar Analytics hardware products are covered by a separate Hardware Limited Warranty. For more information, or a copy of the Hardware Limited Warranty, please contact .

Part III: License Agreement

The Solar Analytics Platform is comprised of the Solar Analytics dashboard and User display and any additional features offered by Solar Analytics.

By using all or any portion of the Solar Analytics Platform, you accept all the terms and conditions of this agreement without modification. In particular, the provisions on Ownership of Intellectual Property in section 2, Customer License Grant in section 4, Confidentiality in section 5 and Limitation of Liability in section 6. Your use of the Solar Analytics platform constitutes your agreement with all such terms and conditions.

1. Definitions

‘Solar Analytics' means Solar Analytics Pty Ltd, 9/245 Chalmers St Redfern, NSW, 2016, Australia. The ‘Solar Analytics Platform' or ‘Platform' means the web sites offered by Solar Analytics to support energy monitoring and asset management. ‘User' means an authorised user of the Solar Analytics Platform. ‘Personally Identifiable Information' means information which can be linked to a specific user such as address, email, telephone number, etc. ‘Data' means information including User details, system details and performance data which is submitted, entered or posted onto the Platform or otherwise sent to the User.

2. Ownership of Intellectual Property

Except as otherwise set forth in this Agreement or other valid agreement, and subject to Solar Analytics' express written license grant to User as set forth in Section 4, Solar Analytics owns or is the authorised licensee of all rights in the Intellectual Property' in the software, hardware or any work product or code contained or used within the Solar Analytics Platform.

‘Intellectual Property' means wherever in the world arising, present or future, whether registered or unregistered (and including any application) the intellectual property without limitation including copyright, know-how, trademarks, service marks, trade names, patents, petty patents, utility models, design rights, semi-conductor topography rights, circuit layouts and all proprietary rights in confidential information, trade secrets, business and domain names, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.

The User undertakes that it will not: a) challenge any of Solar Analytics' rights in the Intellectual Property; or b) use or seek to use any information, whether or not proprietary or whether or not expressly marked confidential, gained in the course of its business dealings with Solar Analytics without the prior written consent of Solar Analytics.

3. Use of Data

Notwithstanding anything to the contrary set forth herein, Solar Analytics reserves the right to aggregate all Data relating to User for analytical purposes. Solar Analytics may share this aggregate data with third parties, so long as in accordance with the Privacy Policy no Personally Identifiable Data is disclosed.

4. Customer License Grant

Solar Analytics hereby grants to User a limited license to use the Solar Analytics Platform as follows: a) to access the Solar Analytics Platform including data recordings and system activity of the systems which User is authorised to access; or b) to permit access to the Solar Analytics Platform by other authorised parties. This License Grant does not cover, and therefore User may not do, the following: a) sell or grant additional licenses, sub-licenses, or any other access to the Solar Analytics Platform not specifically covered by the terms of this Agreement; b) sell Confidential Information to third parties or otherwise distribute or reveal Solar Analytics' Confidential Information, unless expressly agreed in writing by Solar Analytics; and c) publicise or otherwise share Solar Analytics' Confidential Information with anyone, unless expressly agreed in writing by Solar Analytics. ‘Confidential Information' means any information, in any format, oral or written, whether or not marked ‘confidential' and whether or not proprietary which is disclosed to User as a result of its access to the Platform or its business dealings with Solar Analytics, which would reasonably be considered information that is confidential to Solar Analytics.

License Grant Covenant

Customer covenants that it shall not reverse engineer, decompile, or disassemble any of the Solar Analytics Platform's components except to the extent permitted by applicable law.

5. Confidentiality

Solar Analytics agrees to keep all Personally Identifiable Information confidential. While this Personally Identifiable Information will be kept strictly confidential, Solar Analytics reserves the right to maintain/analyse/aggregate/use other posted or submitted Data, so long as no Personally Identifiable Information is disclosed. By posting, uploading, inputting, providing or submitting Data, User warrants and represents that the User owns or otherwise controls all of the rights to Data submitted, including, without limitation, all the rights necessary for the User to provide, post, upload, input or submit the Data. Additionally, Solar Analytics will distribute and report data as required by federal, state, and local laws and ordinances.

User agrees that it has the obligation to keep confidential all Solar Analytics' Confidential Information.

6. LIMITATION OF LIABILITY

IN NO EVENT WILL SOLAR ANALYTICS, ITS AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, OR PARENT COMPANIES BE LIABLE TO USER FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING COMMERCIAL LOSSES, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, SAVINGS, GOODWILL, DATA OR USE), WHETHER IN CONTRACT OR TORT, BY STATUTE OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS FORESEEABLE, FORESEEN OR KNOWN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF THE NON-BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN USER'S JURISDICTION.

User agrees to limit Solar Analytics's liability as follows. If a court of competent jurisdiction determines that Solar Analytics or any of its, subsidiaries, affiliates, or parent companies is directly responsible for damages arising from the services that Solar Analytics performs or the systems it provides under this Agreement, such damages shall be limited to the sum of the yearly service and equipment charges actually paid by User under this Agreement during the year in which the event giving rise to such damages occurred. Except as expressly provided elsewhere in this Agreement, these agreed upon damages are the User's sole and exclusive remedy no matter the cause of any loss, damage, injury, or other consequence, whether caused by negligence, gross negligence, tort, failure to perform duties under this Agreement, breach of warranty, strict liability, failure to comply with any applicable law, or other default by Solar Analytics on any of its obligations in this Agreement.

THE FOLLOWING STATEMENT APPLIES TO CUSTOMERS THAT ARE ‘CONSUMERS' WITHIN THE MEANING OF THE AUSTRALIAN CONSUMER LAW: The benefits given to the consumers in this Agreement are in addition to other rights and remedies of the consumer under a law in relation to the goods or services to which the Agreement relates. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

7. No Unlawful or Prohibited Use

As a condition of your use of the Solar Analytics Platform, User warrants to Solar Analytics that the User will not use the Platform for any purpose that is unlawful or prohibited by these terms and conditions. User may not use the Platform in any manner which could damage, disable, overburden, or impair the Platform or interfere with any other party's use of the platform. User further agrees that no joint venture, partnership, employment, or other relationship exists between User and Solar Analytics, except as otherwise documented in writing.

8. Modification of the License Agreement

Solar Analytics reserves the right to change the terms and conditions of the Platform license, including charges and service levels.

9. Trademark and Copyright Notice

SOLAR ANALYTICS and logo are trademarks owned and used by Solar Analytics. Use of these marks without the prior express written permission of Solar Analytics is prohibited. All other trademarks referenced in this Agreement, or referenced or used on the Platform, or any part of Solar Analytics' website or in the course of Solar Analytics' business (such reference or use as may be amended from time to time) are the property of Solar Analytics or their respective third party owners. Solar Analytics is the owner or authorised licensee of the copyright in these website pages (including without limitation all text, graphics and computer code relating thereto or associated therewith) and all other intellectual property and proprietary rights therein, and all rights are reserved. Permission is given for the downloading and temporary storage of one or more of these pages for the sole purpose of viewing them on a stand-alone personal computer or monitor and solely for the purpose of this Agreement.

10. Termination

Solar Analytics reserves the right, in its sole discretion, to terminate User's access to the Platform or any portion thereof at any time, without notice and without any reason. In cases where a User is in good standing with payments for paid access to Data, and the access has not been terminated due to the User's breach of this Agreement, Solar Analytics will refund the portion of payment for services not yet rendered. Solar Analytics will provide access for the User to obtain their Data for a one month period after the termination, or otherwise transmit the Data to the User. Solar Analytics retains the perpetual right to use this Data according to this Agreement.

11. Solar Analytic's Disclosure and Buyer's Acknowledgement

Without limiting the application of the above Termination clause, Solar Analytics expressly disclose that the Solar Analytics Platform service may be discontinued or terminated by Solar Analytics at its absolute discretion for any or no reason (Discontinuance), and Solar Analytics is not in any way liable to User for any compensation or claim including but not limited to damage and loss of any kind caused by or arise from the Discontinuance except for a pro-rata refund of Solar Analytics Platform service fee for the unused period if applicable. User acknowledges and agrees that Solar Analytics may terminate or discontinue the Solar Analytics Platform service at its sole discretion and the Solar Analytics is not liable to User for any claim or compensation in relation to the Discontinuance other than a pro-rata refund of Solar Analytics Platform service fee for the unused service period.

12. Enforceability

In case any provision of this Agreement shall be invalid or unenforceable, the validity and enforceability of the remaining provisions of the Agreement will not in any way be affected or impaired thereby.

13. Governing Law

This Agreement is governed by the law in force in New South Wales. Each party submits to the exclusive jurisdiction of the New South Wales courts.