In these terms and conditions, “we” “us” and “our” refers to E-Smart Solar Pty Ltd. Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. The information is intended for residents of Australia only.
We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access our website you read these terms and conditions.
Our Website Services
1. We will provide a quotation once we have discussed the product/s that you would like to purchase. All prices are in Australian Dollars (AUD) and are exclusive of GST.
2. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
3. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.
4. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
5. We supply and despatch our products to customers within Australia only.
6. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
7. We will provide a quotation once we have discussed the product/s that you would like to purchase. All prices are in Australian Dollars (AUD) and are exclusive of GST.
8. Packaging and postage is an additional charge, calculated at time of purchase.
9. Delivery of your ordered product/s will be as set out on our website. Title in the goods passes to you when we have received payment. Our terms of payment are set out on the order page.
10. All risk of loss or damage to the goods passes to you after we install the goods.
Order Cancellation Due to Error
11. Where a product has been listed with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.
12. When you visit our website, we give you a limited licence to access and use our information for personal use.
13. You are permitted to download a copy of the information on this website to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.
14. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.
15. The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.
16. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
17. Linking our website is not permitted. We reserve the right to serve you with notice if we become aware of such linking.
Intellectual Property Rights
18. The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.
19. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
20. Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
21. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
22. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
23. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website.
24. If a Force Majeure event causing delay continues for more than 14 days, we may terminate this Agreement by giving at least 7 days’ Notice to you. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.
25. These terms and conditions are to be governed by and construed in accordance with the laws of New South Wales and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in New South Wales and you agree to submit to the jurisdiction of those Courts.
26. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
27. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
28. If you are from the European Economic Area (EEA), E-Smart Solar Pty Ltd legal basis for collecting and using the personal information described in this agreement depends on the Personal Data we collect and the specific context in which we collect it.
E-Smart Solar Pty Ltd may process your Personal Data because:
(a) We need to perform a contract with you
(b) You have given E-Smart Solar Pty Ltd permission to do so
(c) The processing is in our legitimate interests and it’s not overridden by your rights
(d) To comply with the law
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
29. If you are a resident of the European Economic Area (EEA), you have certain data protection rights. E-Smart Solar Pty Ltd aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
30. If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
31. In certain circumstances, you have the following data protection rights:
(a) The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
(b) The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
(c) The right to object. You have the right to object to our processing of your Personal Data.
(d) The right of restriction. You have the right to request that we restrict the processing of your personal information.
(e) The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
(f) The right to withdraw consent. You also have the right to withdraw your consent at any time where E-Smart Solar Pty Ltd relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
32. You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).