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Terms & Conditions.

The following terms and conditions govern all use of the smartsolarco.com.au website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by smartsolarco.com.au (“Smart Electrical and Solar Pty Ltd”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Smart Electrical and Solar Pty Ltd Privacy Policy) and procedures that may be published from time to time on this Site by Smart Electrical and Solar Pty Ltd (collectively, the “Agreement”).


Please read this Agreement carefully before accessing or using the Website.

By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Smart Electrical and Solar Pty Ltd, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.


Payment and Renewal.

General Terms.

By selecting a product or service, you agree to pay Smart Electrical and Solar Pty Ltd the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.


Automatic Renewal.

Unless you notify Smart Electrical and Solar Pty Ltd before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Smart Electrical and Solar Pty Ltd in writing.


Services.

Fees; Payment. By signing up for a Services account you agree to pay Smart Electrical and Solar Pty Ltd the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Smart Electrical and Solar Pty Ltd reserves the right to change the payment terms and fees upon thirty (30) days prior to written notice to you. Services can be canceled by you at any time on thirty (30) days' written notice to Smart Electrical and Solar Pty Ltd.


Support.

If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Smart Electrical and Solar Pty Ltd to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free smartsolarco.com.au services. All support will be provided in accordance with Smart Electrical and Solar Pty Ltd's standard services practices, procedures and policies.


Responsibility of Website Visitors.

Smart Electrical and Solar Pty Ltd has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Website, Smart Electrical and Solar Pty Ltd does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Smart Electrical and Solar Pty Ltd disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.


Content Posted on Other Websites.

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which smartsolarco.com.au links, and that link to smartsolarco.com.au. Smart Electrical and Solar Pty Ltd does not have any control over those non-Smart Electrical and Solar Pty Ltd websites and webpages and is not responsible for their contents or their use. By linking to a non-Smart Electrical and Solar Pty Ltd website or webpage, Smart Electrical and Solar Pty Ltd does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Smart Electrical and Solar Pty Ltd disclaims any responsibility for any harm resulting from your use of non-Smart Electrical and Solar Pty Ltd websites and web pages.


Copyright Infringement and DMCA Policy.

As Smart Electrical and Solar Pty Ltd asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by smartsolarco.com.au violates your copyright, you are encouraged to notify Smart Electrical and Solar Pty Ltd in accordance with Digital Millennium Copyright Act (“DMCA”) Policy. Smart Electrical and Solar Pty Ltd will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Smart Electrical and Solar Pty Ltd will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Smart Electrical and Solar Pty Ltd or others. In the case of such termination, Smart Electrical and Solar Pty Ltd will have no obligation to provide a refund of any amounts previously paid to Smart Electrical and Solar Pty Ltd.


Intellectual Property.

This Agreement does not transfer from Smart Electrical and Solar Pty Ltd to you or any Smart Electrical and Solar Pty Ltd or third-party intellectual property, and all right, titles and interest in and to such property will remain (as between the parties) solely with Smart Electrical and Solar Pty Ltd. Smart Electrical and Solar Pty Ltd, smartsolarco.com.au, the smartsolarco.com.au logo, and all other trademarks, service marks, graphics and logos used in connection with smartsolarco.com.au, or the Website are trademarks or registered trademarks of Smart Electrical and Solar Pty Ltd or Smart Electrical and Solar Pty Ltd licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Smart Electrical and Solar Pty Ltd or third-party trademarks.


Partner Products.

By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt-out of their terms of service at any time by de-activating the partner product.


Domain Names.

If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

Changes. Smart Electrical and Solar Pty Ltd reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Smart Electrical and Solar Pty Ltd may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.


Termination.

Smart Electrical and Solar Pty Ltd may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your smartsolarco.com.au account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Smart Electrical and Solar Pty Ltd if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Smart Electrical and Solar Pty Ltd's notice to you thereof; provided that, Smart Electrical and Solar Pty Ltd can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Disclaimer of Warranties.

The Website is provided “as is”. Smart Electrical and Solar Pty Ltd and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Smart Electrical and Solar Pty Ltd nor its suppliers and licensors makes any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.


Limitation of Liability.

In no event will Smart Electrical and Solar Pty Ltd, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Smart Electrical and Solar Pty Ltd under this agreement during the twelve (12) month period prior to the cause of action. Smart Electrical and Solar Pty Ltd shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.


General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Smart Electrical and Solar Pty Ltd Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental areas, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.


Indemnification.

You agree to indemnify and hold harmless Smart Electrical and Solar Pty Ltd, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

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