Solar Scope Terms of Use

General Terms & Use

These Terms of Use ("Terms") govern the use of the Solar Scope® (“SolarScope”), mobile application and online platform (“Service”). Anyone using SolarScope services agrees to abide by these terms. We may modify these Terms at any time, and such modification shall be effective immediately upon posting on the App. Your continued access or use of the mobile application and online platform after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms.

  1. Use of the Service

SolarScope grants you a non-exclusive, non-transferable license to access the Solar Scope Service, to download and use the Solar Scope Service, and to access the Content (as defined below) within the Service and according to the Terms.

  1. Definition of Service

    The Service means

    1. the TCP/IP interfaces to Solar Scope Software that enable you to access the Software over the internet, such as via a web browser on a personal computer, or via programs on your own server, and

    2. the mobile application software, such as may be run on your mobile device

    Any upgrade or new versions of the Service available for use

  2. Restrictions on Use

  • Unless you have received prior written authorisation from SolarScope (or, as applicable, from the provider of particular Content), you must not:

  • access or use the Service or any Content through any technology or means other than those provided in the Service, or through other explicitly authorised means Solar Scope may designate;

  • copy, modify, or make derivative works of the Content or any part thereof;

  • redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Service or Content available to third parties without Solar Scope’s prior consent; or

  • reverse engineer, decompile or attempt to extract the source code of the Service or any part thereof.

  1. Compliance

You acknowledge that you share liability with your appointed ‘Retailer’ for the creation of small-scale technology certificates, in using services offered by SolarScope.

As a user, you must comply with all applicable laws, including the Clean Energy Regulator Act 2011 (Cth) and RET Scheme Legislation when capturing data or using the Services offered by SolarScope.

If SolarScope becomes aware of any activity which may expose S SolarScope to legal liabilities, we reserve the right to investigate and suspend or terminate the services offered without prior notice to you.

SolarScope reserves the right to cooperate with legal authorities, government bodies and any third parties with respect to any violations to a users use of these services, without liability to SolarScope and without prior notice to you.

  1. CER Solar Panel Validation Service

You confirm that by using the SolarScope service for the CER Solar Panel Validation Service that you have obtained client consent for data captured.

  1. Intellectual Property Rights

You acknowledge that SolarScope owns all right, title and interest in and to the Service, including without limitation all intellectual property rights (the SolarScope), and the SolarScope Rights are protected by intellectual property laws. Accordingly, You must not copy, reproduce, alter, modify, reverse engineer or create derivative works from the Service. You must not use any robot, spider, other automated device, or manual process to monitor any content from, hosted by or that is otherwise available using the Service. The SolarScope Rights include rights to the Service developed and provided by SolarScope, all software associated with the Service and the Brand Features (see below). The S SolarScope Rights do not include third-party content (such as Your data) used as part of Service.

Any use of SolarScope’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features (Brand Features) by You must be only in connection with the Service and in compliance with the Agreement.  You must not alter any Brand Features or copyright notices that are posted by SolarScope in connection with the Service.

  1. Trademarks

Solar Scope® is a registered trademarks of Solar Scope International Pty Limited ABN 25 613 400 221.

  1. Your Access

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account for our Service. You will keep your password details secret. You will not share an account with anyone else and will follow our rules, policies and the law. As between you and others, your account belongs to you. You agree to: 

    1. choose a strong and secure password; 

    2. keep your password secure and confidential;

    3. not transfer any part of your account. 

You are responsible for anything that happens through your account unless you close it or report misuse. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.

Note that for Services purchased by another party for you to use (e.g. access bought by your employer or Retailer), the party paying for the Service controls such an account (which is different from your personal account) and may terminate your access to it.

  1. Your Conduct

You agree that you are responsible for your own conduct and content while using the Services, and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines Solar Scope may have from time to time.

  1. Prohibited conducts includes (but is not limited to):

    1. upload, post, transmit or make available any inappropriate, defamatory, obscene, or unlawful content;

    2. upload, post, transmit or make available any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any third party, or have the permission of the third party owner to use the content;

    3. upload, post, transmit or make available any other content, message, or communication prohibited by applicable law, the Terms or any applicable Solar Scope policies or guidelines;

    4. download any file posted by another that you know, or reasonably should know, cannot be legally distributed in such manner;

    5. unless authorised by Solar Scope in writing, you may not probe, scan, or test the vulnerability of any Solar Scope system or network;

    6. unless authorised by Solar Scope in writing, you may not use any automated system or software to extract or scrape data from websites or other interfaces which we make our Service available through;

    7. purchasing, using, or accessing the Service for the purpose of building a competitive product or service or for any other competitive purposes;

    8. interfere with or disrupt Solar Scope services, servers or networks connected to Solar Scope services, or disobey any requirements, procedures, policies or regulations of networks connected to Solar Scope services; and

    9. transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.

  1. Disclaimer of Warranty

SolarScope makes no warranty as to the accuracy or completeness of data captured by users, the Service or other third party content in the application and other Solar Panel Validations services . SolarScope makes no representations about the suitability for any purpose of the Service, data and functionality presented in this application. All such data and functionality is provided on an as is basis and the data has not been validated by SolarScope. SolarScope shall not be liable in any way for loss of revenue or contracts, costs incurred, or any other consequential loss of any kind resulting from the use of the data and Service.

The Service is provided to use as is, and you agree to use it at your own risk. SolarScope makes no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, regarding the information, including, but not limited to, warranties of title, content, quality, accuracy, completeness, effectiveness, reliability, merchantability, fitness for a particular purpose, non-infringement of third party rights, usefulness, use or result to be obtained from information, or that the information will be error free. Some states, territories or countries may not allow certain warranty exclusions, so to that extent; the above exclusion may not apply to you.

  1. Limitation of liability

You assume all responsibility and risk for the use of the mobile application, online platform or website, and SolarScope disclaims all liability for any loss, injury or damage resulting from the use of the application or any third party data or content. It is your responsibility to use the mobile application, online platform or website prudently and to visually verify, photo location accuracy, streets addresses, photo tags and serial numbers captured. In any event neither SolarScope nor its suppliers, including third party data providers, will be held liable to you or any other party for any compensatory, indirect, incidental, special or consequential damages (including without limitation, indirect, direct, special, punitive or exemplary damages for loss of business, loss of profits, business interruption, or loss of business information) arising out of the use or of inability to use the Service or any third party data or content even if Solar Scope has been advised of the possibility of such damages. If you are a business, you will indemnify and hold harmless Solar Scope and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Service or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.

SolarScope provides no warranty in relation to the Service provided or Supplied. Under no circumstances are SolarScope or any of its carriers or suppliers liable or responsible in any way to you or any other persons for a loss, damages, costs, expenses, or any claims (including consequential damage and loss of profit or revenue) as a result of any defect, deficiency or discrepancy in the Service supplied to you; the delay in the supply of service; any technical or non-technical failures.

  1. Third Party Services & APIs 

This mobile application and online platform uses a number of third party services and APIs like CER Solar Panel Validation Service, Google Maps API etc. It is you obligation to read and accept third party services and APIs of specific terms and conditions prior to use of this content.

  1. Security

You must prompt notify SolarScope of any actual or suspected breach of security related to the Services including, but not limited to, unauthorised use of your password or account.

You are responsible for the security of your Password, login or access details or any other security measures. You are responsible for all electronic communications and other information entered into our Service under your User ID, password and account numbers.

You must keep your details confidential and not disclose these measures to any other person.

  1. Automatic Updates

The Solar Scope Service may communicate with Solar Scope servers from time to time to check for available updates to the Service, such as bug fixes, patches, enhanced functions and new versions ( "Updates"). By installing the Solar Scope Service, you agree to automatically request and receive Updates.

  1. Disclosure of Information.

If You disclose of any information provided by You to SolarScope, or by SolarScope to you, is or may be required by law, or a regulatory authority, the party must immediately notify the other party of that fact.

If the other party objects to the disclose on the basis that it is not required by law, the party must act in accordance with any reasonable written legal opinion provided to it by the other party, or the other parties legal party.

  1. Fees for Services

    1. You agree to pay to Solar Scope any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

    2. Some Services may be provided and billed on a subscription basis (“Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles may be monthly, annually or such other period as advised by SolarScope, and will depend on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel your Subscription by contacting our client service team. You may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating.

  1. Payment

You agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). You authorise us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services. You must pay us for applicable fees and taxes unless you cancel the Service, in which case you agree to still pay these fees through the end of the applicable subscription period.

  1. Price Changes

SolarScope may change the fees charged for the Service at any time, provided that, for a Service billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. SolarScope will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.

  1. Ownership of the Content

You agree that title and ownership of all Services remain with SolarScope.

These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Service, and as otherwise described in these Terms.

  1. Limited License to your Content

You grant SolarScope a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Service, developing new products or services by SolarScope or its related parties, and as otherwise permitted by SolarScope’s privacy policies. This license for such limited purposes continues even after you stop using our Service (including aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of SolarScope’s business). This license also extends to any trusted third parties we work with to the extent necessary to provide the Service. If you provide Solar Scope with feedback about the Service, we may use your feedback without any obligation to you.

  1. Customer List

Solar Scope may identify you (by name and logo) as a Solar Scope customer on Solar Scope’s website and on other promotional materials.

  1. Notifications and Service Messages

You agree that we may provide notices to you in the following ways:

    1. a banner notice on the Service;

    2. an email sent to an address you provided; or

    3. through other means including mobile number, telephone, or mail.

You agree to keep your contact information up to date.

  1. Prohibited Acts

    • In addition to those acts listed in these Terms of Use, the following acts are prohibited in using or in connection with the Service;

    • Send, upload, distribute or disseminate of or offer to do the same with respect to any unlawful, defamatory, abusive, fraudulent, infringing obscene or otherwise objectionable content.

    • Impersonate another person (via the use of an email address or account) or otherwise misrepresent yourself or the source of any email or communication.

    • Interfere without cause in the reasonable enjoyment by other SolarScope users of the Service

    • Create multiple user accounts, or create user accounts by automated means or other engage in false, fraudulent, deceptive or misleading conduct in respect to the identity of the user.

    • Sell, trade, resell, transfer or otherwise attempt to dispose of, to otherwise exploit any content on the service for any unauthorised commercial purpose.

    • Modify, adapt, translate or reverse engineer any portion of the SolarScope service or App.

    • Create third party software without the prior written permission of SolarScope.

  1. SPAM

Send communication in volitional with Australia’s Spam Act 2003 (Cth) or any other applicable anti-spam law.

Imitate or impersonate another person or email address or SolarScope account, or crease false accounts for the purpose of sending Spam.

Data mining of web property (including SolarScope) to find email addresses or accounts.

  1. Limits

Solar Scope reserves the right to restrict, suspend, or terminate your account if Solar Scope believes that you may be in breach of the Terms or law or are misusing the Service.

  1. Termination

Solar Scope may terminate this arrangement at any time without notice to you. On termination, you lose the right to access or use the Service. The following shall survive termination:

    1. Any amounts owed by you prior to termination remain owed after termination

  1. Dispute Resolution Clause

All questions or disputes relating to the Service including these terms should be submitted to SolarScope in writing. 

SolarScope will endeavour to resolve any disputes expeditiously. 

All interpretations of these Terms of Use of Service shall be at SolarScope's sole discretion. 

SolarScope's error is not a breach of these terms of Service.

  1. Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Version 2018-02-21