Terms & Conditions
1. General
1.1 Solar Recovery Corporation Pty Ltd (ACN 647 327 044) owns and operates the Website and provides the Services. These terms and conditions (‘Terms’) apply to any person or entity that uses the Services including making registrations and bookings for the collection of solar panels through the Website.
1.2 By accessing the Website and/or using the Services you agree to be bound by these Terms, the Website Terms, the Privacy Policy and any additional terms and conditions applicable to specific Services that you use from time to time.
1.3 In these Terms:
(a) ‘Collection Date’ means the date on which the solar panels are to be collected as stipulated by SRC;
(b) ‘Customer’ and ‘you’ means any person that visits the Website to use the Services;
(c) ‘person’ means any individual, company, trust, entity, partnership, joint venture, association, corporation, body corporate or governmental agency;
(d) ‘Personal Information’ has the meaning given in the Privacy Policy;
(e) ‘Privacy Policy’ means our privacy policy at [insert url link] as amended from time to time;
(f) ‘Real Property’ means all real property interest held by you now and in the future;
(g) ‘Services means the collection of solar panels made available to Customers through the Website or offered by us to Customers from time to time;
(h) ‘Third Party Content’ means web sites, platforms, content, products, services and information of other parties including content provided to us by links to sites owned by other parties;
(i) ‘Website’ means https://www.srcorp.com.au including all password protected areas and subdomains of such website and all related top-level domains, mobile sites, apps, APIs and widgets; and
(j) ‘Website Terms of Use’ means the terms of use of the Website at [insert url link] as amended from time to time.
2. About these Terms
2.1 These Terms, together with the Website Terms of Use, the Privacy Policy and any additional terms and conditions applicable to specific Services that you use from time to time, set out the legal terms of our relationship with you. These Terms supersede any course of dealing, discussions or representations between you and us and any earlier terms and conditions.
2.2 You acknowledge that we may require you to accept additional terms and conditions in relation to specific Services.
2.3 Should you object to any of our Terms or other notices on the Website your sole option is to immediately cease your use of the Services.
2.4 We reserve the right to change these Terms by publishing new terms on the Website. This may include changes needed to reflect changes to the law or changes to our Services. You should review the Terms published on the Website regularly. Your continued use of the Services constitutes your acceptance of these Terms as amended from time to time. If you do not agree to the changed terms, you should discontinue your use of the Services immediately.
2.5 If there is a conflict or inconsistency between these Terms and any changed terms, the changed terms will prevail to the extent of the conflict or inconsistency.
2.6 If you do not comply with these Terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have, including taking any action in the future.
3. Your use of the Website and Services
3.1 When you use our Website to make a booking, all information you provide to us must be true, accurate and complete.
3.2 You acknowledge and agree that:
(a) we reserve the right to cancel any booking and refund the amount paid where there has been an error in the booking pricing (whether due to human error or a transactional malfunction of the Website);
(b) we can suspend or revoke your right to access our Website at any time.
3.3 SRC shall, in consideration of the fee being paid for the Services, provide the Services expressly identified in the booking or order.
3.4 SRC will use reasonable care and skill to perform the Services but time will not be of the essence in the performance of such obligations.
4. Access and ensuring acceptable use
4.1 You must ensure that you only use the Website to access the Services and do not use the Website or Services in any way that could damage or harm the Website or Services.
4.2 The Services may not be used for unlawful, prohibited, defamatory, obscene, offensive, socially unacceptable or fraudulent content or activity.
4.3 You may not, and may not cause or permit others to remove or modify any markings or any notice of our or a third party's proprietary rights, modify, make derivative works of, disassemble, decompile, reverse engineer, reproduce, distribute, republish or download any part of the Services or the Website, or access or use the Website or Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive with the Website or Services.
4.4 You also agree that you will not:
(a) interfere with the proper working of the Website or take any action that imposes an unreasonably large burden on the Website;
(b) hack into the Website or utilise automated means to make bookings for collection of solar panels including the use of robots, spiders or other devices to make bookings.
4.5 If there is a complaint or we receive notice of a violation, your use of the Website and Services may be suspended until resolved and terminated if not able to be resolved or is not resolved promptly.
5. Placing orders and online bookings
5.1 You may only place an order or make an online booking for our Services via our online booking system on the Website.
5.2 To place an order or make a booking for our Services through our secure online booking system, you must provide your personal details, including your full name, phone number, e-mail address and any other requested information. By providing these details, you represent and warrant that they are valid and correct.
5.3 We reserve the right to only accept orders or bookings from those aged over 18 or 21, as legislated by the relevant state or territory of residence.
5.4 We may use your Personal Information to transmit or obtain information or updated information about you to or from third parties for the purposes of authenticating your identity.
5.5 Please refer to our Privacy Policy for further information about how we use your Personal Information.
6. Acceptance of your order or booking
6.1 When you place an order or make a booking for our Services via the Website, you make an offer for SRC to arrange collection of solar panels from you in accordance with these Terms. Unless you cancel your order or booking, your offer is accepted, and the contract for the supply of Services completed, when an email is sent from us confirming the details for collection of solar panels from you.
6.2 Upon acceptance of your order or booking, we will issue you tax invoice for payment of our Services
6.3 We reserve the right to reject your offer at any time at our discretion, including in the event that we have not received payment for previous Services or the Services are unavailable, or for reasons otherwise contemplated in the Terms.
6.4 Our fees are not negotiable and subject to change.
7. Delivery and Performance
7.1 Delivery of the solar panels shall be made by you delivering the solar panels to the place specified in writing by SRC unless SRC notifies you it will arrange to collect the solar panels from your premises.
7.2 In the event SRC receives solar panels from you that do not form part of an order or booking, SRC may in its sole discretion:
(a) refuse to collect the additional solar panels that do not form part of an order or booking; or
(b) agree to collect the additional solar panels that do not form part of an order or booking, and:
(i) charge you a collection fee; and
(ii) charge you an additional handling fee equivalent to 15% of the collection fee; and
(iii) charge you interest at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic) plus 2 per cent .
7.3 SRC may in its sole discretion request immediate payment of the collection fee and handling fee for additional solar panels that do not form part of an order or booking or alternatively attach the collection fee and handling fee to any subsequent order or booking.
7.4 SRC may collect the solar panels from your premises at any time after you have notified SRC that the solar panels are ready for collection.
7.5 The Collection Date is approximate only and time for collection shall not be of the essence unless previously agreed by SRC in writing. The solar panels may be collected by SRC in advance of the Collection Date upon giving reasonable notice to you.
7.6 If you fail to provide any instructions, documents, licences, consents or authorisations required to enable the solar panels to be collected by SRC on the Collection Date, you shall pay to SRC all costs and expenses and insurance charges arising from such failure.
8. Payment Default and Security
8.1 If you default in payment by the due date of any amount payable to SRC, then all money which would become payable by you to SRC at a later date on any account, becomes immediately due and payable without the requirement of any notice to you, and SRC may, without prejudice to any accrued rights or other remedy available to it:-
(a) charge you interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 (Vic) plus 2 per cent for the period from the due date until the date of payment in full;
(b) charge you for all expenses and costs (including legal costs on a solicitor/own client basis) incurred by SRC resulting from the default and in taking whatever action it deems appropriate to recover any sum due including enforcing the charge in clause 8.2;
(c) cease or suspend for such period as SRC thinks fit, supply of any further Services or credit to you; and
(d) by notice in writing to you, terminate any contract with you so far as unperformed by SRC.
8.2 As security for any amounts due to SRC from time to time, you charge all of your legal and equitable interest (both present and future) of whatsoever nature held in any and all Real Property to SRC.
8.3 Without limiting the generality of the charge in clause 8.2, you agree on request by SRC, to execute any documents and do all things reasonably required by SRC to perfect the charge given in clause 8.2 including registering a mortgage security over any Real Property. You appoint SRC to be your lawful attorney for the purposes of executing and registering such documents and taking all such steps in that regard. You indemnify SRC on an indemnity basis against all costs and expenses incurred by SRC in connection with the preparation and registration of any such steps needed to perfect the security or prepare to register the mortgage documents.
8.4 You consent unconditionally to SRC lodging a caveat or caveats noting its interest in any Real Property.
8.5 A statement in writing by an authorised officer of SRC setting out the moneys due or owing to SRC at the date of the statement shall be sufficient evidence of the amount so due or owing until the contrary is proven.
8.6 Clause 8.1 may also be relied upon, at the option of SRC:
(a) where you are an individual and become bankrupt or enter into any scheme of arrangement or any assignment or composition with or for the benefit of any creditors; or
(b) where you are a corporation and enter into any scheme of arrangement or any assignment or composition with or for the benefit of any creditors or have a liquidator, provisional liquidator, administrator, receiver or receiver and manager appointed, or any action is taken for, or with the view to, the liquidation (including provisional liquidation), winding up or dissolution without winding up.
8.7 In the event of a dispute, you will not be entitled to withhold payment of any undisputed amount due to SRC.
9. Risk and Retention of Title
9.1 Risk of damage to or loss of the solar panels shall pass to SRC:
(a) in the case of solar panels to be delivered by you at a location notified by SRC, the time when you deliver and unload the solar panels at the location;
(b) in the case of solar panels to be collected by SRC from your premises, the time SRC or its agent collects the solar panels from your premises;
9.2 Notwithstanding delivery and the passing of risk in the solar panels, or any other provision of these Terms, legal and beneficial title to the solar panels shall pass to SRC on the earlier of the following occurring:
(a) when SRC has collected or received delivery of the solar panels; or
(b) when SRC has received in cash or cleared funds payment in full of the fees for the Services.
9.3 After payment has been made to SRC in accordance with these Terms and until SRC has collected or received delivery of the solar panels, you shall be in possession of the solar panels as bailee for SRC and you shall store the solar panels separately and in an appropriate environment, shall ensure that they are identifiable as property of SRC and shall insure the solar panels against all reasonable risks.
9.4 You shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the solar panels which remain the property of SRC.
9.5 Your right to possession of solar panels in which SRC maintains legal and beneficial title shall terminate if you:
(a) commit or permit any material breach of your obligations under these Terms;
(b) become, threaten or resolve to become or are in jeopardy of becoming subject to any form of insolvency administration.
10. Intellectual property and ownership of content
10.1 Unless indicated otherwise, all content and materials in any format on the Website and all intellectual property in the Website and Services is owned or licensed by us.
10.2 Subject to these Terms, you agree that you will not infringe our intellectual property as contained in the Website or the Services and will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained on or in the Website without our written consent or otherwise use the Website in a way which will infringe our intellectual property or other rights.
10.3 We grant you permission to download our copyright material only for private and non-commercial purposes or for purposes necessary for you to access the Services. You may only reproduce or use our copyright material for any other purpose with our written consent, which may be given subject to such conditions as we in our absolute discretion may impose.
10.4 All rights not expressly granted are expressly reserved to the maximum extent permitted by law.
11. Third Party Content
11.1 The Website may contain Third Party Content and the Website and our Services may enable you to link to or access Third Party Content.
11.2 We do not control and are not responsible for Third Party Content and you bear all risks associated with your access to and use of Third Party Content.
11.3 Any Third Party Content made accessible by us is provided on an 'as-is' and 'as available' basis without any warranty of any kind. Third Party Content may be indecent, offensive, inaccurate, infringing or otherwise objectionable or unlawful, and we are not responsible for and under no obligation to control, monitor or correct Third Party Content. We do not have a practice of monitoring or making inquiries about Third Party Content, do not endorse and make no express or implied representations concerning Third Party Content.
11.4 We reserve the right to take remedial action if any such content violates applicable restrictions under these Terms, including the removal of, or disablement of access to, such content.
11.5 The owner, author or provider of such Third Party Content retains all rights in and to that content, and your rights to use such Third Party Content are subject to and governed by the terms applicable to such content as specified by such owner, author or provider.
12. Privacy
12.1 You consent to all Personal Information that you provide to us via the Website being collected, used and disclosed in accordance with the Privacy Policy for the purposes of enabling you to use the Website and the Services.
12.2 Our Privacy Policy is incorporated into these Terms.
13. Termination or suspension by us
13.1 We may suspend or terminate your right to use all or any part of the Services at any time if:
(a) you violate or breach these Terms;
(b) you misuse or abuse the Services; or
(c) allowing you to access and use the Services would violate any applicable law or would expose us to legal liability.
13.2 We will use reasonable efforts to provide you with notice of any such suspension or termination.
13.3 We will not be liable to you or any third party in any way whatsoever for any such suspension or termination of your right to use or access all or any part of the Services.
14. Survival of terms
All provisions of these Terms that by their nature should survive termination of your access to the Services shall survive including all limitations on liability, releases, indemnification obligations, disclaimers, choice of law and intellectual property protections.
15. Disclaimer
15.1 Except as otherwise required by law:
(a) the Services are provided 'as is' and 'as available' without any express or implied warranty;
(b) we make no promises or guarantees about the Services;
(c) we make no representations and give no warranties in respect of the Services including that such Services are reliable, accurate or suitable for your purposes;
(d) we make no representations and give no warranties in respect of the means of accessing any content and information contained in, displayed on or accessible through the Website, including content or information generated on the Website by us or on our behalf and any Third Party Content, or software operating in connection with the Website; and
(e) we make no representations and give no warranties in respect of, and accept no responsibility for, any websites operated or controlled by anyone other than us which are or may become linked or framed to or from the Website.
15.2 While we will do our best to ensure the Services run without error, we do not guarantee continuous, uninterrupted or secure access to the Services or any specific results from use of the Services.
15.3 You acknowledge that access and use of the Services (including the software operating in connection with the Services) may be interfered with by numerous factors outside of our control.
16. Force majeure
We will not be responsible for any delay or failure to perform any conditions under these Terms or in the provision of the Services where it is reasonably out of our control or could not be foreseen including without limitation pandemic, acts of war, terrorism, floods, fire, explosions, breakdown of internet service providers, accidents, acts of God or otherwise.
17. Limitation of liability
17.1 You agree that, to the maximum extent permitted by law, we and our related entities, directors, officers and agents are not liable to you or anyone else for any loss or damage (including any direct, indirect, special or consequential loss) in tort (including negligence) or otherwise arising out of, or in connection, with the use of the Services, your reliance on anything contained in or omitted from the Website, being unable to access the Services or the Website for any reason (including our negligence) or the failure of the Services for whatever reason (including our negligence).
17.2 Subject to the terms set out below under the heading 'Australian Consumer Law' and to the maximum extent permitted by law, our maximum liability for all claims related to the Website and Services and your use of the Website or Services will be the lesser of an amount not exceeding the amount paid by you to us for the Services and $1,000. This limit applies collectively to us and our related entities, directors, officers and agents.
17.3 We will not be liable for special, incidental, exemplary, indirect or consequential loss or damages, or lost profits, business, value, revenue, goodwill or anticipated savings in any circumstances.
17.4 You agree not to bring legal action or make a claim arising out of or related to your account, or any Services you use, more than two years after the cause of action arose.
18. Indemnity
You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs on a solicitor own client basis) suffered or incurred by us arising from or which is directly or indirectly related to your breach or non-observance of any of these Terms or any breach, or alleged breach, of intellectual or other proprietary rights or interests of third parties.
19. Australian Consumer Law
19.1 If you constitute a consumer under the Australian Consumer Law while using the Services, nothing in these Terms is intended to remove your rights under the Australian Consumer Law, including to statutory guarantees that may apply to the Services. If we are entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability to either supplying the affected Services again or paying the cost of supplying the Services again.
19.2 Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, you are entitled:
(a) to cancel your Service contract with us;
(b) to a refund for the unused portion; or
(c) to compensation for its reduced value.
19.3 You are also entitled to be compensated for any other reasonably foreseeable loss or damage.
19.4 If the failure does not amount to a major failure you are entitled to have problems with the Service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
20. Severability
If any provision of these Terms is deemed to be invalid or unenforceable, all or part of that provision will be severed from these Terms and will not affect the enforceability of the remaining provisions.
21. No waiver
Any failure by us to assert any right under these Terms shall not constitute a waiver of such right. If we waive or fail to assert a right or to enforce a particular term on one or more occasion, this is not to be deemed a further or continuing waiver of such right or term.
22. Severability
Any part of these Terms which is invalid or unenforceable in Victoria:
(a) is to be read down for the purposes of Victorian laws if possible; or
(b) if cannot be read down, is to be severed to the extent of the invalidity or unenforceability for the purposes of Victorian laws so as to be valid and enforceable in Victoria.
23. Governing law
23.1 These Terms are governed by the laws of Victoria, Australia.
23.2 The parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts which hear appeals from those courts in relation to any proceedings in connection with these Terms.