Terms and conditions

Platform Agreement User Terms and Conditions

Introduction

Ohm Power/we/us/our means THREE BLACK CHEVRONS PTY LTD ACN 168 658 811 trading as Ohm Power

Ohm Power owns and operates the Ohm Power Platform.

Ohm Power Platform/Platform is the website and services at http://ohmpower.com.au and includes any app or other platform that may be introduced by Ohm Power from time to time. It also includes any services provided to you by Ohm Power directly, whether over the phone or in person or by any other means.

Service Providers are accredited Clean Energy Council clean energy providers who are registered with Ohm Power on the Ohm Power Platform, who are selling solar and/or battery storage systems and with whom you enter into a Solar PV Sale and Installation Agreement as a user of the Platform.

Transaction Period mean the period in which your Solar PV Sale and Installation Agreement with the Service Provider starts and ends in a finalised installation and commission of a Package, unless ended earlier in accordance with the terms of a Service Provider's Contract.

These Terms and Conditions govern your use of the Ohm Power Platform. By downloading, installing, displaying or using the Ohm Power Platform, you accept these Terms and Conditions.

These Terms and Conditions are current if they are published on the Platform.

Please visit our Privacy Policy to find out how we use the information that you provide to us.

Your use of this Website is at all times subject to the provisions of these Terms and Conditions and our Privacy Policy.

Please read these Terms and Conditions and the Privacy Policy carefully before using the Ohm Power Platform.

If you use the Platform in any way, you are agreeing to be bound by these Terms and Conditions and our Privacy Policy. If you do not agree, you must immediately cease using the Platform.

Intellectual property rights

You acknowledge that all intellectual property rights (including copyright) in the content, layout, design, concept, graphics, software, calculators and tools and organisation of the Ohm Power Platform ( Ohm Power Materials ) are owned by or licensed to Ohm Power.

Ohm Power Platform grants you a non-exclusive, non-transferable, revocable licence to download and use the Ohm Power Platform for your personal use in accordance with these Terms and Conditions.

You may not copy or change the Ohm Power Materials, and you must not adapt, communicate, sell, or otherwise deal with the Ohm Power Materials. You must not tamper with any copyright notice appearing on the Ohm Power Platform or in Ohm Power Materials accessed through the Ohm Power Platform.

If you submit any information to us through the Ohm Power Platform, Ohm Power will own all rights in the content that you submit.

"Ohm Power" and all related graphics, photographs, logos and product and service names are trademarks (both registered and unregistered) of Ohm Power or its affiliates. These trademarks, logos and other proprietary graphics may not be used in connection with any other product or service without Ohm Power's express prior written consent.

You must not alter, tamper with or commercially use any trade mark, logo or names (including business names and domain names) appearing on the Ohm Power Platform or in materials accessed through the Ohm Power Platform.

You acknowledge and agree that:

    a)you will not do anything to or which might hinder, impede, invalidate or challenge Ohm Power's ownership of or entitlement to use or the registration of any part of the Ohm Power Materials or which might diminish the value of the Ohm Power Materials; and

    b)any use of the Ohm Power Platform, including its content and services, other than as expressly permitted by these Terms and Conditions or by law, is not licensed and is strictly prohibited.

The Ohm Power Platform Service

The Ohm Power Platform is a comparison tool. The Platform allows you to research and compare Packages for renewable energy installations. Packages are provided by third party Service Providers.

The Ohm Power Platform also enables you to connect with third party Service Providers and purchase Packages from them.

Product and Service Packages

This Platform lists bundled product and services packages (each a Package ).

A Package may comprise of any or all of the following :

  • solar electricity production products such as solar panels (photovoltaic modules), inverters, and mounting systems;
  • electricity storage products such as batteries, management systems, and regulators;
  • electrical equipment such as monitoring systems, wiring, isolators, and fuses;
  • other products and services required to make the solar and/or battery storage system work;
  • installation services;

Each Package is listed by Service Providers. Each Service Provider is a third party. Ohm Power does not have control over Service Providers. None of the Packages is provided by Ohm Power or offered for sale by Ohm Power.

You can purchase Packages using the Ohm Power Platform directly from the relevant Services Providers, in accordance with these Ohm Power Platform terms and conditions.

Please note that any Package may be subject to change at any time.

The presence of a Package, including any product or service comprised in any Package, on this Platform does not constitute an endorsement by Ohm Power of the relevant Service Provider, its services, its website or its activities of the Service Provider. Ohm Power does not endorse any particular product, manufacturer or service comprised in any Package.

As the provider of the Platform, Ohm Power does not endorse, own, create, sell, resell, offer, retail, provide, design, install, control, manage, deliver, or supply any Packages.

The Research and Comparison Service

To assist you in comparing Packages, we rank and present the Packages registered on the Ohm Power Platform for your consideration.

We rank Packages for you based on information you provide us. In ranking Packages, we analyse which of the Packages may:

  • potentially maximise the return on your investment on purchase of a Package; or
  • potentially maximise the proportion of electricity consumed on site compared to the amount of electricity likely to be generated on site by a Package.

Qualifications and Assumptions – Comparison

Please treat the ranking and presentation of Packages as a guide only. The presented Packages may not necessarily be best suited to your needs. These are some reasons why:

  • we only compare and present Packages which are registered by Service Providers with us. We do not compare or present renewable energy installations, products or services provided by the same Service Providers which are not registered Packages on the Ohm Power Platform. We also do not compare or present renewable energy installations, products or services provided by other service providers
  • We cannot accurately predict how an actual Package will perform when it is actually installed. The actual system when installed may perform quite differently to how we model the performance of the Package. This is because of factors including: how the Package is actually installed; actual sun exposure and cloud cover; levels of shading on-site; actual tilt of solar panels; the quality of actual components may not be appropriate for your circumstances; the quality of components may not match those described by the service provider in the Package.
  • We rely on information you provide. The information we rely on includes, but is not limited to, your address, electricity bills, tariffs, electricity consumption information. If the information you provide us with is not accurate, this will affect how we analyse and rank Packages for your consideration. You agree to give us accurate information, and to do all things and take all steps necessary for the information to be accurate.
  • In our analysis of Packages, we make certain assumptions. For example, we make assumptions about your energy consumption patterns on various timescales. We also assume you will remain with the same electricity retailer at the same tariff you disclose to us. We also make assumptions about other things. The assumptions we make may not be correct or suitable for your situation.
  • We rely on the information provided by Service Providers and manufacturers. For example, we rely on the accuracy of the description of all components of a Package, including quantities, ratings, manufacturer information, and information contained in warranty sheets and datasheets provided by or on behalf of the manufacturer. While we do our best to verify this information, this information may not be correct.
  • We rely on information provided by third parties which may not be correct. (By way of example, when we obtain your address details, we source a satellite image of your roof to assist us in approximating a maximum solar power generating capacity of your roof space. However, the satellite image may not be up-to-date or otherwise correct. This is just one example.)
  • We rely on software provided by third parties when performing calculations, and this software may not produce accurate outcomes.
  • Please also note that, amongst other things based on the analysis we do, the Packages presented:
    • may not necessarily be the cheapest available;
    • may not necessarily minimise the amount of electricity you source or purchase from your retailer, the electricity grid or other sources;
    • may not necessarily, maximise the amount of electricity generated on site;
    • may not necessarily save you money.
We do not make any representation about a particular Service Provider being appropriate to your needs.

We give no warranty, express or implied, as to the accuracy, reliability and completeness of any information or calculations, and we do not accept any liability for loss or damage whatsoever which may be attributed to, relied on or used for the information or calculations.

We cannot be responsible for the accuracy of information you provide or enter or how you may interpret this information.

You need to assess this information and the results yourself and determine whether the Package is appropriate for your needs or get advice from a solar or storage industry professional.

We provide an estimate of future energy performance based on historical data, highest industry standards of practise, Clean Energy Council Retailer Code of Conduct, and the quality of information provided by you and Service Providers to provide an estimate of performance for a solar and/or battery storage system based on your current situation.

You are free to choose

You are free to choose which Package and Service Provider, if any, you consider is suitable to your needs.

Before selecting a Package, we recommend you consult the package documentation.

We give no guarantee that any given Package or Service Provider is appropriate for you or your needs.

It is up to you to verify whether a Package is right for you. We do not take responsibility if your selection of a Package or Service Provider is not what you need or want.

Our relationship with Service Providers

Service Providers are third parties. None of them are our contractor or agent.

We do require the following minimum requirements of Service Providers before they can be registered with the Ohm Power Platform:

  • they must be accredited with the Clean Energy Council
  • they must provide a police check in the state they are operating in [for themselves and for each of their employees
  • they confirm they will abide by the Clean Energy Council Solar Retailer Code of Conduct
  • we verify the existence of their Australian Business Number (ABN).

Service Providers – We are Not Liable for Them

Nothing on the Ohm Power Platform amounts to an offer by Ohm Power or any Service Provider to sell any product or service to you, or to enter into any contract with you. For the avoidance of doubt, Ohm Power is not able to bind any third party, or to ensure that any third party sells any product or service to you.

We are not responsible for any acts or omissions of any Service Provider. This includes, but is not limited to, any acts or omissions of any employee or independent contractor of a Service Provider.

While we provide information about Packages and Service Providers, we recommend you do your own due diligence and make your own enquiries to determine if the Service Provider has the skill and experience and is suitable for you and your needs.

If, after you have purchased a Package, you have any questions, concerns or complaints about the relevant products, design, installation, or other issues in relation to the Package:

  • we recommend you directly contact the Service Provider from whom you bought the Package to assist you; and
  • to the maximum extent permissible under law we accept no liability in relation to such issues.

Purchasing a Package from a Service Provider

It is your responsibility to satisfy yourself that you wish to purchase any Package, including any product or service comprised in a Package, and that they satisfy your needs, before making a purchase.

Before making a decision to purchase a Package, you should consult the relevant package documents. Each Package is subject to the relevant Service Provider's terms and conditions. The Service Provider's terms and conditions are contained as part of the relevant package documents. (If you have difficulty in locating those terms and conditions, please let us know.)

The Ohm Power Platform contains information about Packages. That information may include statements about specifications, warranties, features and inclusions about Packages, including the products and services comprised in those Packages. Some statements may be generalised to assist with comparing Packages, but may not be specific or relevant enough for you to make a decision to purchase. We recommend you consider the relevant package documents provided by the relevant Service Provider carefully before you purchase a Package.

Please note Ohm Power is not responsible or liable for any loss or damage you or any other person may suffer or incur in connection with:
– the purchase of any Package, or any product or service comprised in the Package, after using the Ohm Power Platform;
– any description, specification or warranty in relation to any product or service comprised in any Package; or
– any act, omission, error or default of a Service Provider or any other third party in connection with that Package or any product or service comprised in the Package.

Contract Formation with a Service Provider To Acquire a Package

You can apply to purchase a Package from a Service Provider by using the Ohm Power Platform. You apply by submitting the necessary details through the Ohm Power Platform. Before accepting or rejecting your application, the Service Provider may schedule a site visit with you. The purpose of the site visit would be to enable the Service Provider to verify whether any additional site-specific work would be required to enable the Package to be installed at your site. After the site visit, the Service Provider may update the Package and/or indicate what additional work the Service Provider considers may be needed at your site to enable the Package to be installed. (Such additional work may be work that can be done by the Service Provider; or it may be work that is needed by a third party, such as a builder or structural engineer.) If the Service Provider updates the Package and/or indicates additional work required, you can apply to purchase the updated Package and confirm you agree to the additional work by confirming your updated application on the Ohm Power Platform. If any application you make is accepted by the Service Provider, on acceptance, a contract (a Solar PV Sale and Installation Agreement ) is created between you and the Service Provider to purchase the relevant Package from the Service Provider on the Service Provider's terms and conditions. Your application may be accepted or rejected by the Service Provider. You will receive written confirmation if your application has been accepted by the Service Provider.

When You Are to Pay

When a Solar PV Sale and Installation Agreement is created, you must pay, directly to the Service Provider by using the Service Provider's escrow account provided through the Ohm Power Platform:

  • the deposit by the time specified by the Platform; and
  • the balance by the time specified by the Platform.
By doing so, you are paying the Service Provider. You are not paying Ohm Power.

You acknowledge that the Service Provider is not obliged to commence work under the Services Contract until the deposit is paid into their required account.

By agreeing to these terms and conditions you also agree to the terms and conditions attached to the escrow account, which can be found at Stripe and which are incorporated in these terms and conditions.

How Ohm Power is Paid

The Ohm Power Platform is free for you to use.

Ohm Power receives payment from Service Providers when you purchase Packages from them.

No financial advice

Ohm Power does not offer financial, investment, taxation or other advice.

Nothing on this Platform constitutes financial, investment, taxation or other advice by us in relation to any product or service or Package.

For the avoidance of doubt, any return on investment projections or payback period projections provided through the Ohm Power Platform are estimates for your guidance. They are not financial advice.

Before making any financial decisions (including before choosing to purchase any Package), Ohm Power recommends you first consider obtaining advice from an independent Australian Financial Services Licensee.

No Energy Advice

Ohm Power does not advise about energy contracts or arrangements, including your current contracts and tariffs or whether other energy products or services may be suitable for your needs or circumstances.

Ohm Power also does not advise, or make any assumptions, about whether or how your relevant energy tariffs or prices may change in future.

Before deciding to purchase any Package through the Ohm Power Platform, you may wish to consider seeking advice from other sources about whether you could benefit from changing energy contracts, retailers or arrangements.

No Installation Services, Electrical Services or Building Services or Advice

Ohm Power does not advise or design any solar, battery or electricity system or installation.

Please also note that the actual performance of an installed Package may differ from how it has been specified and designed.

All Packages are complied, designed and installed by relevant Service Providers. Ohm Power has no involvement in this and accepts no liability in relation to design, installation and actual performance of any Package.

Exclusions of liability

Ohm Power tries its best to ensure that the information provided by the Ohm Power Platform is accurate.

However, to the fullest extent permitted by law, Ohm Power disclaims all warranties, whether express or implied, in relation to all and any part of the Ohm Power Platform regarding the satisfactory quality, fitness for any particular purpose, reliability, timeliness, accuracy, completeness, security or that any part of such is free from defects or error.

Ohm Power gives no warranty that Ohm Power Platform or its server is free of viruses or any other harmful components.

Your access and use of the Ohm Power Platform and any action you carry out on the basis of information you obtain from the Ohm Power Platform is carried out entirely at your own risk. Ohm Power accepts no liability for any losses that you may suffer as a result.

Ohm Power is not liable to you for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, or otherwise in relation to:

    a)your use of or reliance upon any aspect of the Ohm Power Platform;

            b)your inability to use any aspect of the Ohm Power Platform;

        c)any loss or deletion for any reason of any information or content in relation to you stored on the Ohm Power Platform;

    d)the loss or deletion of any communications sent or posted by or to you on or through the Ohm Power Platform;

    e)any circumstance or thing that is outside of Ohm Power's reasonable control; and

    f)any loss or damage that is not directly caused by Ohm Power or which Ohm Power could not reasonably expect at the time we entered into this agreement with you.

Nothing in these Terms and Conditions is intended to exclude or limit Ohm Power's liability for death or personal injury, our fraud or any other liability which we may not by law exclude or limit whether under the Australian Consumer Law or otherwise.

Limitation of Liability

Except for liability in relation to a breach of any implied condition, warranty or guarantee the exclusion of which would contravene the law or cause any part of the contract to be void (a Non-Excludable Condition ), Ohm Power's liability to you is limited to $50 whichever is greater.

Ohm Power's liability to you for a breach of any Non-Excludable Condition (other than a Non-Excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.

Links to Other Websites

The Ohm Power Platform may have links that may take you to other websites, advertisements and information.

The purpose of such links is for your convenience, to provide you with easy access to further information you may need in making your purchase decision. Presence of links does not imply endorsement or approval between Ohm Power and the operators of those websites.

Ohm Power makes no representation about the accuracy of any information contained on any other to other website, advertisement and information.

Ohm Power excludes all liability for any loss, damage, cost or expense you incur in accessing or attempting to access a third-party website, advertisement or information.

Indemnity

You agree to indemnify Ohm Power, our directors, employees, agents, and contractors for any loss suffered, including but not limited to: death of any persons, loss or damage of property, loss of profits and other consequential loss, or any costs that may be incurred arising from your breach of these Terms and Conditions or your use of the Ohm Power Platform.

Changes to Terms and Conditions

Each time you log in to or use the Ohm Power Platform, you will be taken to be agreeing to these Terms and Conditions. Ohm Power reserves the right from time to time to change any of these Terms and Conditions without prior notice or your consent, so you agree to read the terms and conditions on the Platform whenever you log in or use the Ohm Power Platform.

Permitted use of the Ohm Power Platform

You are only permitted to use the Ohm Power Platform for personal use. Commercial use of the Ohm Power Platform is strictly prohibited.

You agree to comply with any applicable law and regulation relating to downloading or technology used or supported by the Ohm Power Platform.

Without limiting the generality of any other part of these Terms and Conditions, you agree not to:

    a)copy, transmit, distribute, reproduce, licence, alter, reverse engineer, adapt or modify the whole or any part of the Ohm Power Platform in any way whatsoever;

    b)use the Ohm Power Platform in any way that could damage, disable, overburden, impair or compromise the Ohm Power Platform.

    c)use the Ohm Power Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions, or hacking into or inserting malicious code, destruction of data, including viruses, or harmful data, into the Ohm Power Platform;

    d)use any method or process (including data scraping, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging any Ohm Power Platform content;

    e)use any systematic method designed to obtain a large number of estimates, quotes, comparisons, rankings or other pricing and related information from the Ohm Power Platform; or

    f)use, obtain or attempt to obtain from the Ohm Power Platform, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems.

By using the Platform you warrant that you have, and will be deemed to have, done everything that would be expected of a prudent, competent and experienced person in providing accurate information, as the accuracy of information provided through the Platform is dependent on the accuracy of information provided by third-parties.

Updates to the Platform

The Ohm Power Platform is frequently updated. Updates include changes to products, services, price references, product and services descriptions. Products and services may be withdrawn at any time from the Platform without notice.

Who can use this Website

You must be aged at least 18 years to use the Ohm Power Platform. This Platform is intended for use by Australian residents only.

Registering an account

This Platform allows you to create and use an account using your login details, being a username and password [or social media login details].

You must ensure only you use your login details, and you must keep those details secure and confidential at all times.

Your Responsibility for Your Account

You acknowledge that all actions that take place as a result of access through use of your login details to the Ohm Power Platform are your responsibility.

If you believe that your login details have been compromised, you must notify us immediately and change your password immediately.

Ohm is not liable for any loss you incur due to any unauthorised use of your login details.

Ohm Power may disable or close your account at any time as a result of any suspected or actual unauthorised use of your login details. We will notify you using your previously provided contact details.

Ohm Power reserves the right to suspend, restrict or terminate your access to the Ohm Power Platform at any time and for any reason in our absolute discretion.

Dispute Resolution

Any dispute arising pursuant to these Terms and Conditions must be resolved in accordance with Ohm Power's Complaints and Dispute Resolution Procedure, which you can find [here].

For the avoidance of doubt, any disputes between you and a Service Provider pursuant to a Solar PV Sale and Installation Agreement is to proceed in accordance with any dispute resolution process set out in the terms of that Solar PV Sale and Installation Agreement.

Suspension and Termination

In addition to any other suspension or termination rights specified in these Terms and Conditions, Ohm Power may at any time suspend or terminate your registration to the Ohm Power Platform if in its opinion you:

    a)breach these Terms and Conditions;

    b)intentionally provide misleading information in relation to these Terms and Conditions;

    c)commit any act of deceit, dishonesty or fraud in relation to these Terms and Conditions;

    d)commit any dishonest or fraudulent act in relation to these Terms and Conditions;

    e)behave in a manner which in the reasonable opinion of Ohm Power might tend to adversely affect the reputation or public image of Ohm Power or the Ohm Power Platform; or

    f)infringe any intellectual property right or privacy, moral or publicity right of Ohm Power or any third party.

    g)for any reason we deem fit.

Consequences of Termination

Upon termination of your registration:

    a)your registration on the Ohm Power Platform will be cancelled;

    b)you will no longer be able or entitled to access the Ohm Power Platform;

    c)the rights you have granted to Ohm Power to use your content continues;

    d)your licence to use the materials on the Ohm Power Platform automatically terminates; and

    e)any provisions of these Terms and Conditions, which by their nature would be expected to survive termination, shall survive and remain in full force and effect in accordance with their terms.

For the avoidance of doubt, termination of your registration to the Ohm Platform does not affect:

any Solar PV Sale and Installation Agreement that has been formed between you and a Service Provider. (If you have entered a Solar PV Sale and Installation Agreement you must comply with the terms and conditions of that Solar PV Sale and Installation Agreement.) provisions in these Terms and Conditions relating to Limitation of Liability and Mediation and Dispute Resolution and any other terms which by their nature should continue to apply, do so.

Governing law

These Terms and Conditions are governed by the laws in force in the State of Victoria, Australia. Both you and Ohm Power irrevocably submit to the non-exclusive jurisdiction of the courts of that State and all courts with jurisdictions to hear appeals from those courts.

Entire Agreement

These Terms and Conditions contain the entire terms and conditions that apply to your registration to and your use of the Ohm Power Platform.

Assignment

Your rights and obligations under these Terms and Conditions may not be transferred or assigned directly or indirectly without the prior written consent of Ohm Power.

Ohm Power's rights and obligations under these Terms and Conditions may be assigned by Ohm Power to a third party without your consent.

Severability

If the whole or any part of these Terms and Conditions are invalid, unenforceable, illegal, void or voidable for any reason, these Terms and Conditions will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.

Waiver

A waiver by Ohm Power of any breach or a failure to enforce or to insist on the observance of a condition of these Terms and Conditions will not be a waiver of any other or of any subsequent breach.

Force Majeure

Ohm Power will not be responsible or liable for failure to perform any obligation under these Terms and Conditions if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, internet and communications outages, fire, flood, war, or act of God.

Currency

All prices stated on the Ohm Power Platform are in Australian dollars.

No Agency

No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. You have no authority to bind Ohm Power, its related entities or affiliates in any way whatsoever.

Privacy statement

Ohm Power is committed to protecting the privacy of your personal information and will handle your information in line with the Ohm Power Privacy Policy.

Cookies

If your browser is set up to accept cookies, a cookie will be stored on your device when you use the Ohm Power Platform. Cookies allow Ohm Power to collect information about your device, which may include your UDID address (an unique data item description (a number) assigned to your device). Ohm POwer may use cookies together with Google Analytics to track and collect information about the functions of the Ohm Power utilised by you and to authenticate you for the purpose of using the Ohm Power Platform. This information is also used to maintain the quality of our service and to provide tracking and statistics regarding the use of Ohm Power Platform.

For further information about "How Google uses data when you use our partners' sites or apps", visit www.google.com/policies/privacy/partners/, or any other URL Google may provide from time to time).

If you would rather not have this information stored on your smartphone, you can configure your smartphone so it does not accept cookies. However, if you disable cookies you may not be able to access or use all parts of the ohm Power Platform.

Consent

For the purposes of the Do Not Call Register Act 2006 (if it applies) - by submitting your telephone number to the Platform, you give your consent to Ohm Power contacting you by telephone on that number. Your consent will be either an express or deemed consent.