Terms & Conditions
Overview
SunShare Solar (“https://sunsharesolar.com.au”) ABN 17 633 990 638 owns and operate this
Website. This document governs your relationship with https://sunsharesolar.com.au (“Website”). Access to and use of this Website
and the products and services available through this Website (collectively, the
“Services”) are subject to the following terms, conditions and
notices (the “Terms of Service”). These Terms and conditions apply to
all users of the site, including without limitation users who are browsers,
vendors, customers, merchants, and/ or contributors of content.
By using the
Services, you are agreeing to all of the Terms of Service, as may be updated by
us from time to time. 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.
Access to this
Website is permitted on a temporary basis, and we reserve the right to withdraw
or amend the Services without notice. We will not be liable if for any reason
this Website is unavailable at any time or for any period. From time to time,
we may restrict access to some parts or this entire Website.
This Website may
contain links to other websites (the “Linked Sites”), which are not
operated by https://sunsharesolar.com.au . https://sunsharesolar.com.au has no
control over the Linked Sites and accepts no responsibility for them or for any
loss or damage that may arise from your use of them. Your use of the Linked
Sites will be subject to the terms of use and service contained within each
such site.
Privacy Policy
Our privacy
policy, which sets out how we will use your information, can be found at https://sunsharesolar.com.au/privacy . By using this Website, you consent to the
processing described therein and warrant that all data provided by you is
accurate.
Prohibitions
You must not
misuse this Website. You will not: commit or encourage a criminal offense;
transmit or distribute a virus, Trojan, worm, logic bomb or any other material
which is malicious, technologically harmful, in breach of confidence or in any
way offensive or obscene; hack into any aspect of the Service; corrupt data;
cause annoyance to other users; infringe upon the rights of any other person’s
proprietary rights; send any unsolicited advertising or promotional material,
commonly referred to as “spam”; or attempt to affect the performance
or functionality of any computer facilities of or accessed through this
Website. Breaching this provision would constitute a criminal offense and https://sunsharesolar.com.au will report any such breach to the relevant law
enforcement authorities and disclose your identity to them.
We will not be
liable for any loss or damage caused by a distributed denial-of-service attack,
viruses or other technologically harmful material that may infect your computer
equipment, computer programs, data or other proprietary material due to your
use of this Website or to your downloading of any material posted on it, or on
any website linked to it.
Intellectual Property, Software and Content
The intellectual
property rights in all software and content (including photographic images)
made available to you on or through this Website remains the property of https://sunsharesolar.com.au or its licensors and are protected by copyright
laws and treaties around the world. All such rights are reserved by https://sunsharesolar.com.au and its licensors. You may store, print and
display the content supplied solely for your own personal use. You are not
permitted to publish, manipulate, distribute or otherwise reproduce, in any
format, any of the content or copies of the content supplied to you or which
appears on this Website nor may you use any such content in connection with any
business or commercial enterprise.
Terms of Sale
By placing an
order you are offering to purchase a product on and subject to the following
terms and conditions. All orders are subject to availability and confirmation
of the order price.
Dispatch times
may vary according to availability and subject to any delays resulting from
postal delays or force majeure for which we will not be responsible.
In order to
contract with https://sunsharesolar.com.au you must be over 18 years of age and possess a
valid credit or debit card issued by a bank acceptable to us. https://sunsharesolar.com.au retains the right to refuse any request made by
you. If your order is accepted we will inform you by email and we will confirm
the identity of the party which you have contracted with. This will usually be https://sunsharesolar.com.au or may in some cases be a third party. Where a
contract is made with a third party https://sunsharesolar.com.au is not acting as either agent or principal and
the contract is made between yourself and that third party and will be subject
to the terms of sale which they supply you. When placing an order you undertake
that all details you provide to us are true and accurate, that you are an
authorized user of the credit or debit card used to place your order and that
there are sufficient funds to cover the cost of the goods. The cost of foreign
products and services may fluctuate. All prices advertised are subject to such
changes.
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.
(a)
Our Contract
When you place an
order, you will receive an acknowledgement e-mail confirming receipt of your
order: this email will only be an acknowledgement and will not constitute
acceptance of your order. A contract between us will not be formed until we
send you confirmation by e-mail that the goods which you ordered have been
dispatched to you. Only those goods listed in the confirmation email sent at
the time of dispatch will be included in the contract formed.
(b)
Pricing and Availability
Whilst we try and
ensure that all details, descriptions and prices which appear on this Website
are accurate, errors may occur. If we discover an error in the price of any
goods which you have ordered we will inform you of this as soon as possible and
give you the option of reconfirming your order at the correct price or
cancelling it. If we are unable to contact you we will treat the order as
cancelled. If you cancel and you have already paid for the goods, you will
receive a full refund.
Delivery costs
will be charged in addition; such additional charges are clearly displayed
where applicable and included in the ‘Total Cost’.
(c)
Payment
Upon receiving
your order we carry out a standard authorization check on your payment card to
ensure there are sufficient funds to fulfil the transaction. Your card will be
debited upon authorisation being received. The monies received upon the
debiting of your card shall be treated as a deposit against the value of the
goods you wish to purchase. Once the goods have been despatched and you have been
sent a confirmation email the monies paid as a deposit shall be used as
consideration for the value of goods you have purchased as listed in the
confirmation email.
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.
Disclaimer of Liability
The material
displayed on this Website is provided without any guarantees, conditions or
warranties as to its accuracy. Unless expressly stated to the contrary to the
fullest extent permitted by law https://sunsharesolar.com.au and its suppliers, content providers and
advertisers hereby expressly exclude all conditions, warranties and other terms
which might otherwise be implied by statute, common law or the law of equity
and shall not be liable for any damages whatsoever, including but without
limitation to any direct, indirect, special, consequential, punitive or
incidental damages, or damages for loss of use, profits, data or other
intangibles, damage to goodwill or reputation, or the cost of procurement of
substitute goods and services, arising out of or related to the use, inability
to use, performance or failures of this Website or the Linked Sites and any
materials posted thereon, irrespective of whether such damages were foreseeable
or arise in contract, tort, equity, restitution, by statute, at common law or
otherwise. This does not affect https://sunsharesolar.com.au‘s liability for death or personal injury arising
from its negligence, fraudulent misrepresentation, misrepresentation as to a
fundamental matter or any other liability which cannot be excluded or limited
under applicable law.
Linking to this Website
You may link to
our homepage, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, but you must not establish a
link in such a way as to suggest any form of association, approval or
endorsement on our part where none exists. You must not establish a link from
any website that is not owned by you. This Website must not be framed on any other
site, nor may you create a link to any part of this Website other than the home
page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks,
images of personalities and third party copyright
Except where
expressly stated to the contrary all persons (including their names and
images), third party trademarks and content, services and/or locations featured
on this Website are in no way associated, linked or affiliated with https://sunsharesolar.com.au and you should not rely on the existence of such
a connection or affiliation. Any trademarks/names featured on this Website are
owned by the respective trademark owners. Where a trademark or brand name is
referred to it is used solely to describe or identify the products and services
and is in no way an assertion that such products or services are endorsed by or
connected to https://sunsharesolar.com.au.
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 are unlawful, offensive, threatening, libellous, 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 libellous 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.
Indemnity
You agree to
indemnify, defend and hold harmless https://sunsharesolar.com.au , its directors, officers, employees,
consultants, agents, and affiliates, from any and all third party claims,
liability, damages and/or costs (including, but not limited to, legal fees)
arising from your use this Website or your breach of the Terms of Service.
Variation
https://sunsharesolar.com.au shall have the right in its absolute
discretion at any time and without notice to amend, remove or vary the Services
and/or any page of this Website.
Invalidity
If any part of
the Terms of Service is unenforceable (including any provision in which we exclude
our liability to you) the enforceability of any other part of the Terms of
Service will not be affected all other clauses remaining in full force and
effect. So far as possible where any clause/sub-clause or part of a
clause/sub-clause can be severed to render the remaining part valid, the clause
shall be interpreted accordingly. Alternatively, you agree that the clause
shall be rectified and interpreted in such a way that closely resembles the
original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a
complaints handling procedure which we will use to try to resolve disputes when
they first arise, please let us know if you have any complaints or comments.
Waiver
If you breach
these conditions and we take no action, we will still be entitled to use our
rights and remedies in any other situation where you breach these conditions.
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 Victoria, Australia.
Entire Agreement
The above Terms
of service constitute the entire agreement of the parties and supersede any and
all preceding and contemporaneous agreements between you and https://sunsharesolar.com.au. Any waiver of any provision of the Terms of
Service will be effective only if in writing and signed by a Director of
SunShare Solar.
Contact Information
Questions about
the Terms & Conditions should be sent to us at support@sunsharesolar.com.au.