Terms and Conditions
Thank you for your interest in participating in the DER Trial.
By clicking the ‘Accept’ button at the end of the registration form, you agree to abide by the following terms and conditions.
1 Reading this agreement
In this agreement:
(a) words that are written in bold have the meaning given to those terms in clause 10 of this agreement; and
(b) headings are provided for convenience and do not affect the interpretation of this agreement.
The rights and obligations in this agreement start from the time you click the ‘Accept’ button at the end of this document and terminate on the earlier of:
(a) the end date;
(b) the date on which you advise us in writing that you no longer wish to participate in the DER Trial;
(c) the date on which we advise you that your participation in the DER Trial is terminated, including under clause 3(b); or
(d) the date on which this agreement is terminated by either party pursuant to clause 7(a).
3 Solar Smart Monitor installation
(a) Prior to you commencing the DER Trial, we will conduct an assessment of your premises to determine whether it is suitable for participation.
(b) If we are unable to conduct an assessment of your premises or your premises are found, for any reason, to be unsuitable for participation in the DER Trial, we will notify you in writing and your participation in the DER Trial will end.
(c) If your premises are found to be suitable for participation in the DER Trial, we will arrange a time with you to install the Solar Smart Monitor.
4 Your commitments
(a) You agree that:
(1) if you are selected to participate in the DER Trial you consent to us installing the Solar Smart Monitor at your premises;
(2) you have the authority to approve the installation of the Solar Smart Monitor at your premises;
(3) (without limiting clause 4(a)(1)) if you are a tenant, you have obtained your landlord’s consent to participate in the DER Trial (which includes the installation of the Solar Smart Monitor at your premises);
(4) we will own the Solar Smart Monitor unless and until ownership is transferred to you under this agreement;
(5) you will properly and safely keep and maintain your solar photovoltaic system at your premises;
(6) you will not take any steps to damage the Solar Smart Monitor or prevent the user data being transmitted to us; and
(7) you will take all reasonable steps required to enable us or our contractor to access your premises to install the Solar Smart Monitor and, if required, to repair and maintain the Solar Smart Monitor from time to time.
(b) If any information provided by you to us changes, you must tell us within three days of you becoming aware of any such change. This information includes if you vacate or sell your premises.
5 User data and intellectual property
(a) All intellectual property which is created as a result of, or in relation to, the DER Trial (including the user data and any intellectual property in relation to the user data), vests in us on its creation. You agree that you have no rights in relation to this intellectual property or to any of our existing or future intellectual property that we contribute to the DER Trial.
(c) Without limiting clause 5(b), we may use, reproduce, adapt, modify, communicate, license, broadcast, distribute, publish, commercialise, disseminate and exploit the user data for any purpose.
6 Solar Analytics Dashboard
(a) If your premises are found to be suitable for participation in the DER Trial and we install the Solar Smart Monitor, we will also pay for you to access the Solar Analytics Dashboard.
(b) We cannot guarantee the accessibility, reliability, accuracy or performance of the Solar Analytics Dashboard as it is provided by a third party.
(d) Before you can access and use the Solar Analytics Dashboard, you will need to register for the Solar Analytics Dashboard. We will provide you with details regarding how to register to use the Solar Analytics Dashboard.
(e) The provider of the Solar Analytics Dashboard may require you to agree to their terms and conditions of use before granting you access to the Solar Analytics Dashboard. It is your responsibility to ensure that you are comfortable with the provider’s terms and conditions.
(f) We will only pay for you to access the Solar Analytics Dashboard during the term of this agreement.
(g) If you wish to continue using the Solar Analytics Dashboard after the term of this agreement ends, you will:
(1) be responsible for procuring continued access from the provider of the Solar Analytics Dashboard; and
(2) be responsible for all costs associated with the continued access to the Solar Analytics Dashboard.
(h) We will not be obliged to do, or continue to do, anything to ensure that you obtain or maintain continued access to the Solar Analytics Dashboard.
(i) Without limiting clause 8, we will have no liability whatsoever for the provision of the Solar Analytics Dashboard and we do not endorse or recommend any of the content or products advertised on the Solar Analytics Dashboard.
(a) Either party may terminate this agreement at any time by giving written notice to the other party.
(b) If this agreement terminates on the end date, ownership of the Solar Smart Monitor will pass from us to you on the end date.
(c) If this agreement terminates before the end date you must, if requested by us, allow us or our contractor to access your premises to remove the Solar Smart Monitor from your premises.
(d) If you request, at any time within 30 days from the termination or expiration of this agreement, for the Solar Smart Monitor to be removed, we will arrange for its removal from your premises. If you do not request for the Solar Smart Monitor to be removed within this timeframe, we will not be obliged to remove the Solar Smart Monitor, but may do so at our discretion.
(a) Subject to clause 8(b), we are not liable to you for any loss, damage or liability of any kind (including without limitation any consequential loss) arising from or in connection with your participation in the DER Trial, for our administration of the DER Trial or in connection with this agreement.
(b) Nothing in this agreement is to be taken to exclude, restrict or modify any rights of recovery or compensation you may have under the Australian Consumer Law or any condition, warranty or guarantee that we are prohibited by law from excluding, restricting or modifying. All other conditions, warranties and guarantees, whether or not implied by law, are excluded.
(a) If all or a part of this agreement (a "provision") is void, unenforceable or illegal in a jurisdiction, it is severed for the purposes of that jurisdiction. The remainder of this agreement is of full force and effect and the validity of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.
(b) This agreement is governed by the law in force in Western Australia from time to time and you and we irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Western Australia.
(c) This agreement constitutes the entire agreement between you and us about its subject matter and any previous agreements, representations, understandings and negotiations on that subject matter cease to have any effect.
(d) The rights, powers and remedies provided in this agreement are cumulative with and not exclusive of the rights, powers or remedies provided by law independently of this agreement.
(e) No amendment or waiver of any clause in this agreement will be valid or effective unless made in writing and duly executed by you and us, in the case of an amendment or waiver by you, if you are, or us if we are, giving the waiver.
(f) We may amend this agreement at any time by giving notice to you of those amendments and your continued participation in the DER Trial will be taken as acceptance of such amendments.
(g) Nothing in this agreement excludes, restricts or prejudices any of our rights or remedies under any law or subsidiary legislation including without limitation, the Metering Code.
agreement means the legally binding contract that is created between you and us on the terms and conditions set out in this document when you click the ‘Accept’ button at the end of this document.
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth) as in force as a law of the Commonwealth of Australia under that Act, and as in force as a law of Western Australia under the Fair Trading Act 2010 (WA).
consequential loss includes any consequential, indirect or special loss, loss of opportunity, loss of anticipated savings, loss of profit, loss of revenue or business or damage to reputation.
DER Trial means the trial run by us to investigate, amongst other things, the effect of weather on customer load and how to optimise the electricity network.
end date means 31 December 2020.
intellectual property means all rights resulting from intellectual activity whether capable of protection by statute, common law or in equity, including copyright, discoveries, inventions, patent rights, registered and unregistered trademarks, design rights, circuit layouts, the right to have confidential information kept confidential and all rights and interests of a like nature, together with any and all documentation relating to such rights and interests.
Metering Code means the Electricity Industry (Metering) Code 2012 (WA).
our, us or we means Regional Power Corporation, trading as Horizon Power.
premises means the premises which you own or rent and which you notified to us when you registered to participate in the DER Trial.
provider means the third party who provides the Solar Analytics Dashboard.
Solar Analytics Dashboard means the application that allows you to access the user data or part thereof online through your computer or mobile device.
Solar Smart Monitor means the energy meter device and data sensor that is installed, or to be installed, at your premises to measure the user data.
user data means any data transmitted by the Solar Smart Monitor, including but not limited to information relating to voltage, nett active power, nett reactive power, nett current, DER active power, DER reactive power and frequency.
you or your means the account holder or authority who registered to participate in the DER Trial.