25 Blossom st
Mitcham, Victoria 3132
0403 245 139international
+61 403 245 139
Smart Energy Groups Pty Ltd
ABN: 30 151 207 822
Effective: October 2nd, 2015
Welcome Energy Hawk!
Welcome to Smart Energy Groups (“Smart Energy Groups”, “we”, “our” or “us”). These Terms of Service (the “Terms of Service” and/or “Terms”) contain the legal terms and conditions that govern your use of and access to smartenergygroups.com and any related sites (the “Site”) and our Devices, Software, Documentation, Forums and Content (all as defined below and collectively, the “Services”) (the Site and the Services are referred to collectively as the “Smart Energy Groups Properties”). Please review these Terms of Service carefully before using the Services.
If you have entered into a separate paid Enterprise agreement with us for specific services, then the terms of that agreement controls if it conflicts with these Terms.
If you have not entered into a separate paid agreement with us for specific services, then by using the Smart Energy Groups Properties, clicking on the “I agree to Terms of Service agreement” checkbox, starting your trial or joining our community, completing the registration process, and/or browsing the Site or downloading any of our Devices, you represent that (1) you have read, understand, and agree to be bound by the Terms of Service, (2) you are of legal age to form a binding contract with Smart Energy Groups, and (3) you have the authority to enter into the Terms of Service personally or on behalf of the company or other organisation you have named as the user, and to bind that entity to these Terms of Service. In the event you are agreeing to these Terms of Service on behalf of a company or organisation, “you” and “your” will refer to the entity you are representing.
Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Service or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Service and any applicable Supplemental Terms are referred to herein as the “Terms.”
1.1 Smart Energy Groups May Discontinue the Services. Smart Energy Groups may choose to modify or discontinue the Services, including any portions of the Services as we update our offerings and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you.
1.2 Smart Energy Groups May Modify These Terms. Smart Energy Groups may update these Terms from time to time. The most current version of these Terms will be posted on Site. When changes are made, Smart Energy Groups will make a new copy of the Terms available at the Site and any new Supplemental Terms will be made available from within, or through, the affected Service on the Site or within the Device. We will also update the “Last Updated” date at the top of the Terms of Service. Any changes to the Terms will be effective immediately for new users of the Smart Energy Groups Properties and, for all other users, any changes to the Terms will be effective thirty (30) days after posting notice of such changes on the Site, or within or through the affected Service on the Site, as applicable. If we determine in our sole discretion that an update is material, we will notify you through the Service and/or by email to the email address associated with the Administrator (defined below) for your account. We may also inform you of updates to the Terms in our blogs. We may require you to provide consent to the updated Terms in a specified manner before further use of the Smart Energy Groups Properties is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Smart Energy Groups Properties. Otherwise, your continued use of the Smart Energy Groups Properties constitutes your acceptance of such change(s). Please check the Site regularly to view our then-current Terms.
1.4 Your Account. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by our registration form (“Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are not a person barred from using the Smart Energy Groups Properties under the laws of Australia, your place of residence or any other applicable jurisdiction. You agree not to create an account using a false identity or information. You agree not to create an account or use the Smart Energy Groups Properties if you have been previously removed by Smart Energy Groups, or if you have been previously banned from any of the Smart Energy Groups Properties. It is your responsibility to safeguard the login and password that you use to access the Services and the Forums and you agree not to share your login and password with any third party, including not sharing your login amongst two or more users. You are responsible for any activity originating from your account, regardless of whether such activity is authorised by you. You should notify Smart Energy Groups immediately of any unauthorised use of your account.
1.5 Use of the Smart Energy Groups Properties. Subject to compliance with these Terms of Service, Smart Energy Groups grants to you a limited, non-exclusive, non-transferrable, non-sublicensable right to: (i) access and use the Smart Energy Groups Properties for your purposes; (ii) use the Documentation in support of such access and use of the Smart Energy Groups Properties; and (iii) reproduce portions of the Smart Energy Groups Properties for the sole purpose of using the Smart Energy Groups Properties for your purposes. Unless otherwise specified by Smart Energy Groups in a separate license, your right to use any Smart Energy Groups Properties is subject to the Terms.
Updates. You understand that the Smart Energy Groups Properties are evolving. As a result, you acknowledge and agree that Smart Energy Groups may update the Smart Energy Groups Properties with or without notifying you. You may need to update third-party software from time to time in order to use the Smart Energy Groups Properties.
Free Trials and Other Promotions. Any free trial or other promotion that provides you with free access to Commercial Services (defined below) must be used within the specified time of the trial. At the end of the trial period, your use of that Commercial Service will expire and any further use of such Commercial Service is prohibited unless you pay the applicable fees.
1.6 Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: You may not (i) copy, modify, host, sublicense or resell the Services; (ii) frame or utilise framing techniques to enclose any trademark, logo, or other Smart Energy Groups Properties (including images, text, page layout or form) of Smart Energy Groups; (iii) use metatags or other “hidden text” using Smart Energy Groups’s name or trademarks; (iv) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Smart Energy Groups Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (v) use any manual or automated software devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Site (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials; (vi) access the Smart Energy Groups Properties in order to build a similar or competitive website, application or services; (vii) remove or destroy any copyright notices or other proprietary markings contained on or in the Smart Energy Groups Properties; (viii) access or attempt the access the Services by any means other than what Smart Energy Groups provides or expressly allows; (ix) modify, adapt or hack the Services or modify another website so as to falsely imply that it is associated with the Services, Smart Energy Groups, or any other Smart Energy Groups service; (x) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services, without the express written permission by Smart Energy Groups; (xi) transmit any worms or viruses or any code of a destructive nature; or circumvent any use restrictions put into place to prevent certain uses of the Services; (xii) violate any intellectual property right of any third party or behave in a manner that is unlawful, or otherwise in violation of our Community Guidelines; (xiii) misrepresent your affiliation with a person or entity; (xiv) attempt to disable, impair, or destroy the Services or disrupt or inhibit any other user from using the Services; (xv) use any data mining or similar data gathering and extraction methods in connection with the Services; or (xvi) use the Smart Energy Groups Properties to violate any applicable law.
1.7 Availability of the Services. Information describing the Services is accessible worldwide but this does not mean the Services or certain portions of the Services are available in your country. We may restrict access to portions of the Services in certain countries. It is your responsibility to make sure your use of the Services is legal in the country where you reside. The Services may not be available in all languages. If at Smart Energy Groups’s reasonable determination, you are using the Smart Energy Groups Properties in a manner that violates laws, creates an excessive burden or potential adverse impact on Smart Energy Groups’s systems, in addition to any of its other rights or remedies, Smart Energy Groups may, without liability to Smart Energy Groups, immediately suspend your access to the Smart Energy Groups Properties.
1.8 Your Data. Use of the Services may depend on your transmission of certain data (your “Data”). You retain all rights and ownership of your Data. We do not claim any ownership rights of your Data. You represent and warrant that you have the necessary rights and licenses required to provide your Data to Smart Energy Groups in connection with your use of the Services and that by providing your Data in this manner, you will not violate any intellectual property rights of third parties, confidential relationships, contractual obligations or laws. Without limiting the generality of the foregoing, you shall provide all notices to, and obtain any consents from, any data subject as required by any applicable law, rule or regulation in connection with the processing of any personally identifiable information of such data subjects via the Services by Smart Energy Groups and/or you. You shall be solely responsible for ensuring that any processing of Data by Smart Energy Groups and/or you via the Services does not violate any applicable laws. You shall not process or submit to the Services any Data that includes any: (i) “personal health information,” as defined under the Health Insurance Portability and Accountability Act, unless it enters into a separate agreement with Smart Energy Groups relating to the processing of such data; (ii) government issued identification numbers, including Social Security numbers, driver’s license numbers and other state-issued identification numbers; (iii) financial account information, including bank account numbers; (iv) payment card data, including credit card or debit card numbers; or (iv) “sensitive” personal data, as defined under Directive 95/46/EC of the European Parliament (“EU Directive”) and any national laws adopted pursuant to the EU Directive, about residents of Switzerland and any member country of the European Union, including racial or ethnic origin, political opinions, religious beliefs, trade union membership, physical or mental health or condition, sexual life, or the commission or alleged commission any crime or offence.
Data Transmission Smart Energy Groups provides you with the option to encrypt the transmission of your Data. You acknowledge that it is your responsibility to encrypt the transmission of your Data should you wish to protect it. In the event you decide not to utilise encryption and transmit your Data unencrypted over a network, you assume all related risks for doing so. Smart Energy Groups will not be liable for any liabilities arising from your use of the Services (including your transmission of Data) over the internet or other network, encrypted or not.
1.9 Smart Energy Groups Stores Your Data in the United States. Smart Energy Groups provides the Service which is hosted in the United States. By using and accessing the Service, you understand and agree to the storage and processing of your Data and any other information you choose to provide in the United States. Smart Energy Groups reserves the right to store and process your Data and any other information you choose to provide outside of the United States and will endeavour to give you 30 days’ notice in the event of such a change.
1.10 Smart Energy Groups Proprietary Rights. Except with respect to your Data and your User Content (defined below), you agree that Smart Energy Groups and our suppliers own all rights, title and interest in the Smart Energy Groups Properties and Content. Smart Energy Groups’s Software and other technology that may be used to provide the Services are protected by copyright, trademark, and other laws of both Australia and foreign countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Smart Energy Groups Properties. These terms do not grant you any right, title, or interest in any of the Smart Energy Groups Properties or any Content other than your Data and your User Content. These Terms do not grant you any rights to use the Smart Energy Groups trademarks, logos, domain names, or other brand features.
1.11 Your Feedback. We appreciate your ideas, comments, suggestions, documents and/or proposals (“Feedback”). You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant Smart Energy Groups a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback.
2.1 Smart Energy Groups Forums. Your Smart Energy Groups account provides you access to the Smart Energy Groups Community Forums, Groups and other public areas on the Smart Energy Groups Properties (collectively, the “Forums and Groups”). By accessing the Forums and Groups, you acknowledge that you are solely liable and responsible for how you use the Forums and Groups, as well as any damages that may result from the disclosure of your User Content. You also acknowledge that it is possible that you will be exposed to User Content from others that you may consider offensive, indecent, or otherwise objectionable. Views expressed on the Forums do not necessarily reflect Smart Energy Groups’s views. Smart Energy Groups does not endorse User Content posted by you or others. Certain User Content from others may be incorrectly labeled, rated, or categorised. Your use of the Forums is subject to these Terms and our Community Guidelines https://smartenergygroups.com/rules
License to Your Content. You grant Smart Energy Groups a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, User Content (in whole or in part, and includes Your Data presented in Groups) for the purposes of operating and providing the Services to you. Please remember that other users may search for, see, use, modify and reproduce any of your User Content that you submit to any Forum, Groups or other “public” areas of the Smart Energy Groups Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in your User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Smart Energy Groups, are responsible for all of your User Content.
No Obligation to Pre-Screen User Content. You acknowledge that Smart Energy Groups has no obligation to pre-screen any information, data, text, software, music, sound, photographs, video, messages, tags or other materials submitted by you or other users (“User Content”) posted or otherwise made available by users and accessible through the Smart Energy Groups Properties (“Smart Energy Groups Content”), although we reserve the right in our sole discretion to pre-screen, refuse or remove any User Content. By entering into the Terms, you provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of you User Content and that we reserve the right to remove any User Content that violates the Terms or is otherwise objectionable. In the event that we pre-screen, refuse or remove any User Content, you acknowledge that we will do so for our benefit, not yours.
Storage. Unless expressly agreed by Smart Energy Groups in writing elsewhere, we have no obligation to store any of your User Content that you upload, post, email, transmit or otherwise make available on or through the Smart Energy Groups Properties. We have no responsibility or liability for the deletion or accuracy of any User Content, including the failure to store, transmit or receive transmission of your User Content; or the security, privacy, storage or transmission of other communications originating with or involving use of the Smart Energy Groups Properties.
2.2 Commercial Services. Smart Energy Groups offers several types of paid Services subject to these Terms. Commercial Services are listed on Smart Energy Groups’s product information page available at http://smartenergygroups.com/pricing
2.3 Support. Technical support is only provided to users of Commercial Services based on your specific purchased Service. If you are using the Service via a Lite account, Smart Energy Groups provides support via the Forums and access to Smart Energy Groups installation guides and other documentation related to the Service.
2.4 Unauthorised Use & Access. You will prevent unauthorised use of the Services by your Administrators and your end users and terminate any unauthorised use of or access to the Services. You will promptly notify Smart Energy Groups of any unauthorised use of or access to the Services.
2.5 Third Party Technology. The Services may contain links to third party websites or technology (for example, we may host a library of plugins created by entities other than Smart Energy Groups) (“Third Party Technology”). Smart Energy Groups does not endorse and is not responsible or liable for the products or services provided by such third parties. Smart Energy Groups is not responsible for the operation or functionality of such Third Party Technology. You are solely responsible for your use of any Third Party Technology. In addition, we may provide you with software governed by an open source license. If there are provisions in those open source licenses that expressly conflict with these Terms, the relevant open source license terms will apply.
ANY THIRD PARTY TECHNOLOGY DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH YOUR USE OF THE Smart Energy Groups PROPERTIES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH THIRD PARTY TECHNOLOGY.
3. Indemnification. You agree to indemnify and hold Smart Energy Groups, its parents, subsidiaries, affiliates, officers, employees, resellers or other partners and licensors harmless from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your Data, or the use thereof, including but not limited to allegations that any processing of your Data by Smart Energy Groups and/or you under this Agreement violates any applicable law or regulation, or infringes the privacy or intellectual property rights of a third party, your User Content, your use of the Smart Energy Groups Properties, your violation of these terms, or your violation of any law.
4. The Service is Available “AS-IS” AND WITHOUT WARRANTY. Smart Energy Groups PROVIDES THE Smart Energy Groups PROPERTIES “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOUR USE OF THE Smart Energy Groups PROPERTIES IS AT YOUR OWN RISK. Smart Energy Groups PROVIDES THE Smart Energy Groups PROPERTIES WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Smart Energy Groups makes no warranty or condition that the Smart Energy Groups Properties will meet your requirements or be uninterrupted, timely, secure or error-free. Smart Energy Groups makes no warranty or condition that results obtained from your use of the Smart Energy Groups Properties will be accurate or reliable or that any errors in the Smart Energy Groups Properties will be corrected. Smart Energy Groups will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Smart Energy Groups Properties. No advice or information, whether oral or written, obtained by you in connection with your use of the Smart Energy Groups Properties shall create any warranty not expressly stated in these Terms. FROM TIME TO TIME, Smart Energy Groups MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OR CONDITION OF ANY IND, AND MAY BE MODIFIED OR DISCONTINUED AT ANY TIME AT OUR SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES AND TOOLS. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
5. Smart Energy Groups’s Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Smart Energy Groups, ITS AFFILIATES, OFFICERS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT Smart Energy Groups HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Smart Energy Groups’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, THE SITE, THE AND THE FORUMS WILL AT ALL TIMES BE LIMITED TO THE GREATER OF FIFTY U.S. DOLLARS (U.S. $50) OR THE AMOUNTS YOU PAID TO Smart Energy Groups IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Smart Energy Groups AND YOU. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.
6. Termination. We reserve the right to suspend or cease providing the Smart Energy Groups Properties or any portion of the Smart Energy Groups Properties, at any time, with or without cause, and with or without notice. We may suspend or terminate your use of the Smart Energy Groups Properties if you are not complying with these Terms, or if you use the Services in any way that could cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance. If you want to terminate the Services at any time, you may do so by (a) notifying Smart Energy Groups and (b) closing your account for the Services that you use. Your written notice should be sent to Smart Energy Groups’s address set forth in the Notice section below or to: email@example.com.
7. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and data associated with or inside your account, including your Data. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of your Data associated therewith from our live databases. Smart Energy Groups will not have any liability whatsoever to you for any suspension or termination, including for deletion of your Data. All provisions of these Terms, which by their nature should survive, shall survive termination of Services, including without limitation ownership provisions, warranty disclaimers and limitations of liability.
8. Electronic Communications The communications between you and Smart Energy Groups use electronic means, whether you visit the Smart Energy Groups Properties or send us e-mails, or whether we post notices on the Smart Energy Groups Properties or communicate with you via e-mail. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. Your consent in this section does not affect your statutory rights.
9. Notice. Where Smart Energy Groups requires that you provide an e-mail address, you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to us at the following address: Smart Energy Groups Pty Ltd 25 Blossom st, Mitcham Victoria Australia. Such notice shall be deemed given when received by Smart Energy Groups by letter delivered by nationally recognised registered delivery service at the above address.
10. Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the law of the State of Victoria, Australia without giving effect to any principles that provide for the application of the law of another jurisdiction.
13. General Terms. These Terms constitute the entire and exclusive agreement between Smart Energy Groups and you with respect to the Services and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms constitute the entire and exclusive agreement between Smart Energy Groups and you with respect to the Smart Energy Groups Properties and supersede and replace any other agreements, terms and conditions applicable to the Services. Purchase orders placed by you shall be for the sole purpose of specifying the Commercial Services that you wish to purchase. Any other terms stated in any purchase order delivered to Smart Energy Groups by you, other than pursuant to an Order Form supplied by Smart Energy Groups, shall have no effect. These Terms create no third party beneficiary rights. Smart Energy Groups’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Smart Energy Groups may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. You and Smart Energy Groups are not legal partners ; but ather we have an independent contractor relationship. Smart Energy Groups will not be responsible for any failure to perform or delay in performing any of its obligations under these Terms where and to the extent that such failure or delay results directly or indirectly from an event beyond Smart Energy Groups’s reasonable control.
14. Copyright Infringement Smart Energy Groups respects the intellectual property rights of others and we expect our users to do the same.