Terms of Service
Acceptance of Terms
Clean Earth Solar operates the website www.cleanearthsolar.com.au and provides the services and technology available on it, as well as any content, tools, forums, information sharing, and transactions that are included (referred to as the “Service”). These terms of service apply to your access and use of the Service (the “Terms of Service”). The Terms of Service also include any other rules, policies and procedures that are referenced in it or that may be published by Clean Earth Solar from time to time (referred to as the “Policies”).
For the purposes of these Terms of Service, a “User” is either an individual or an entity that is using the Service and is bound by all the terms outlined. The User confirms that they are authorized to accept these Terms of Service.
If you do not agree to all the terms in the Terms of Service or if you are not eligible or authorized to enter into this agreement, then you should not use or access any part of the Service. Using any part of the Service signifies your acceptance of the Terms of Service and creates a legally binding contract between you and Clean Earth Solar.
Changes
Clean Earth Solar reserves the right to change or replace the Terms of Service, including any Policies, at any time, at its sole discretion. Changes may be communicated through postings on the Service, via email, or through other means. Users should check the Terms of Service regularly for updates. By continuing to use the Service after changes have been made, the User agrees to the new terms. The Terms of Service cannot be altered unless both Clean Earth Solar and the User agree to it in writing.
Clean Earth Solar also has the right to terminate, modify or suspend the Service, either in full or in part, at any time, with or without notice.
Eligibility
To use the Service, you must be 18 years or older. If you are not of legal age, you are not allowed to access or use the Service. Clean Earth Solar will not gather personal information from anyone who is known to be under 18. If Clean Earth Solar is made aware that a user is a minor, the company will remove their content and revoke their access to the Service. Clean Earth Solar reserves the right to deny or discontinue the Service to anyone and may update its requirements periodically.
User Conduct
The Service can be used for both personal and commercial purposes. However, any commercial usage of the Service must be agreed upon in a separate written agreement with Clean Earth Solar. Users must abide by all applicable laws, regulations, and rules in connection with the Service. This includes not using the Service for illegal activities such as money laundering, bid rigging, price fixing or other forms of illegal collusion, price signalling or exchange of competitively sensitive data or information.
Users must not use the Service in violation of the terms of service. Users agree not to take any action through the Service that is illegal, deceitful, misleading, fraudulent, threatening, abusive, harassing, libellous, invasive of another’s privacy, tortious, obscene, profane or that violates the terms of service. Users also agree not to take any action that infringes any patent, trademark, trade secret, copyright, right of publicity, privacy right or other right of any party.
Users also agree not to reveal personal information about another individual, including another person’s name, address, phone number, electronic mail address, credit card information or any other information that could be used to track, contact or impersonate that person; or use the Service to send unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”), chain letters or any form of lottery or gambling; or impose an unreasonable or disproportionately large load on Clean Earth Solar’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or otherwise.
Users also agree not to use the Service to transmit software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware or network system or to damage or obtain unauthorized access to any system, data or other information of Clean Earth Solar or any third party. Users also agree not to harvest, scrape or collect any information from the Site or seek to solicit information from or about minors or impersonate any person or entity, including any employee or representative of Clean Earth Solar.
Clean Earth Solar reserves the right to immediately suspend or terminate any User’s access to the Service at its sole discretion if their conduct fails to conform to any provision of these Terms of Service. Clean Earth Solar reserves the right to monitor, review, remove, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or investigation (including law enforcement) at any time. Clean Earth Solar is not responsible for any failure or delay in removing any such content.
Rights
The User understands and agrees that the Service and all content and materials created by or for Clean Earth Solar and made available on or via the Service are protected by intellectual property rights, including copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. Clean Earth Solar (and its partners) shall own and retain all rights, title, and interests (including all intellectual property and proprietary rights) in and to the Service and its content and materials.
The User is not allowed to sell, license, reverse engineer, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the Service or its content and materials.
Retrieving data or other content from the Site in a systematic manner to create or compile, directly or indirectly, a collection, database, or directory is strictly prohibited.
Limitation Of Liability
The User agrees that Clean Earth Solar shall not be held responsible or liable for any material or data sent or received or not sent or received through the Service. The User also agrees that Clean Earth Solar is not responsible or liable for any threatening, defamatory, obscene, offensive, illegal or other content or conduct of any third party or any infringement of another’s rights, including intellectual property rights.
The User agrees that in connection with any use of the Service, they will release Clean Earth Solar (and its partners and suppliers) from any and all claims, demands, damages, and liabilities of any type and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with use of the Service by such User (including any disputes with other Users using the Service), and will attempt to settle any disputes directly with such other User or other third party.
Clean Earth Solar (and its affiliates and suppliers) shall not be held liable in any matter related to the Service, regardless of the form of claim or action (whether in contract, negligence, strict liability or otherwise) for any: (a) matter beyond its reasonable control, (b) loss or inaccuracy of data, loss or interruption of use, or cost of procuring substitute technology, goods or services, (c) indirect, punitive, incidental, reliance, special, exemplary or consequential damages including, but not limited to, loss of business, revenues, profits or goodwill, or (d) damages, in the aggregate, in excess of amounts paid to Clean Earth Solar by the User (and retained by Clean Earth Solar hereunder during the previous 12-month period), even if Clean Earth Solar has been advised of the possibility of such damages. These limitations are independent from all other provisions of this agreement and shall apply notwithstanding the failure of any remedy provided herein.
Some states and other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to the User.The User is not allowed to sell, license, reverse engineer, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the Service or its content and materials.
Indemnification
The User understands and agrees that the Service and all content and materials created by or for Clean Earth Solar and made available on or via the Service are protected by intellectual property rights, including copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. Clean Earth Solar (and its partners) shall own and retain all rights, title, and interests (including all intellectual property and proprietary rights) in and to the Service and its content and materials.
The User is not allowed to sell, license, reverse engineer, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of the Service or its content and materials.
Retrieving data or other content from the Site in a systematic manner to create or compile, directly or indirectly, a collection, database, or directory is strictly prohibited.
Disputes
Any legal disputes or claims related to the service provided by Clean Earth Solar must be filed within one year of the incident occurring. If not, the claim will be permanently invalid. The laws of New South Wales, Australia will be used to interpret and enforce the terms of service. In the event of any conflicts between Australian and foreign laws, Australian laws will take precedence. The United Nations Convention on Contracts for the International Sale of Goods will not apply. By using the service, the user agrees that any legal claims or actions relating to the service or website must be filed in the state of New South Wales, Australia, and the user agrees to the jurisdiction of the courts in that state. Using the service is not allowed in any jurisdiction that does not fully comply with the terms of service, including this section.
Copyright and Trademark
Any rights not explicitly granted in this agreement are reserved. The names and logos of companies and products mentioned in connection with the Service are the property of their respective owners.
If you believe that any content or material on the Service infringes your copyright, please send a notice of copyright infringement containing the following information to Clean Earth Solar:
Identification of the specific part of the Service that the notice pertains to
· Identification of the work or material that is being infringed
· Identification of the infringing material, including its location, with enough detail for Clean Earth Solar to find and verify its existence
· Contact information for the person or entity making the complaint, including name, address, phone number, and email address
· A statement that the person making the complaint has a good faith belief that the material is not authorized by the copyright owner, its agent, or law
· A statement made under penalty of perjury that the information provided in the notice is accurate and that the person making the complaint is authorized to make the complaint on behalf of the copyright owner, the physical or electronic signature of the person making the complaint is required
To contact Clean Earth Solar for any concerns or to understand more about this agreement, you can do so directly via email on info@cleanearthsolar.com.au