PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Xceed Solar and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and Xceed Solar’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that Xceed Solar is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Solar Installers: While we require a solar installer to be a Clean Energy Council (CEC) accredited solar installer, and verify their Australian Business Number (ABN) registration before adding the solar installer to our list of solar installers that we could refer you to. The solar installers are not our contractors or agents and we are not responsible for any acts or omissions of any solar installer, including the acts or omissions of any employee or independent contractor of a solar installer. You need to do your due diligence and make your own enquiries to determine if the solar installer has the skill and experience and is suitable for your purposes and personal situation.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), Xceed Solar’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
LINKS TO OTHER WEBSITES
Xceed Solar may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Xceed Solar and the owners of those websites. Xceed Solar takes no responsibility for any of the content found on the linked websites.
Xceed Solar’s website may contain information or advertisements provided by third parties for which Xceed Solar accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
To the fullest extent permitted by law, Xceed Solar absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Xceed Solar gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of Xceed Solar to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
SOLAR CALCULATOR DISCLAIMER
The solar power calculator, solar battery calculator and off grid calculators are indicative only. Results received from these calculators are designed for comparative purposes only and are based on the information you have provided and input. They are provided to give an estimate only and general guide of the potential savings and benefits of installing and using solar panels and batteries. Cost savings may vary depending on such things as location, installation cost variations and other variables which may affect the final results. The estimates produced by these calculators is based on assumptions and your inputs, including those in the ‘Advanced Options’ which may not be correct for your personal situation; For example, the feed in tariff rates (in the Advanced Options) are subject to change, which will impact on the potential benefits you will receive. . We give no warranty, express or implied, as to the accuracy, reliability and completeness of any information, or calculations provided by customer use of the calculators and do not accept any liability for loss or damage whatsoever which may be attributed to reliance on or use of the calculators. We cannot be responsible for the accuracy of these numbers or information you enter or how you may interpret this information. You need to assess this information and the results yourself and determine whether this product is appropriate for your needs or get advice from a solar industry professional.
By using the calculators, you agree that we and our directors, officers, employees, independent contractors, agents, consultants, advisors, and other representatives, are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website, any information contained on it or linked to it, including, but is not limited to:
(a) your inability to access or use the website;
(b) your reliance on any information on the website or your use of the calculators;
(c) access to or inability to use the website; and
(d) the acts or omissions of a solar installer that you ask to provide you with their services.
Our liability is governed by the Australian Consumer Law (ACL), including any consumer guarantees provided by the ACL that cannot be excluded or modified. All other conditions and warranties which may be implied by custom, or statute are expressly excluded by these terms.
You may change your details at any time by advising us in writing via email. All information we receive from our customers, is protected by our secure servers. Xceed Solar’s secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data Xceed Solar collects is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
Xceed Solar does not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. In addition, we may use the information that you provide to improve its website and its services but not for any other use.
DISCLOSE YOUR INFORMATION
Xceed Solar may be required, in certain circumstances, to disclose information in good faith and where Xceed Solar is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of Xceed Solar. Xceed Solar expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Xceed Solar will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. Xceed Solar reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
Xceed Solar expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and Xceed Solar concerning your use and access to Xceed Solar’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
We are not a financial adviser. Before making any financial decisions regarding solar financing and your engaging in any mortgage, loan, lease or other financing transaction, you should consider obtaining advice from an Australian Financial Services Licensee issued by the Australian Securities and Investments Commission (ASIC) under the Corporations Act 2001.
This agreement and this website are subject to the laws of Queensland and Australia. If there is a dispute between you and Xceed Solar that results in litigation then you must submit to the jurisdiction of the courts of Queensland.