OpenSolar Site means the existing and future websites operated by OpenSolar and available at www.opensolar.com and any of its regional or other domains or properties, and includes any related OpenSolar service, tool or application, specifically including mobile web, any iOS App and any Android App, or other access mechanism. We are not a party to any contractual agreements between Users of the OpenSolar Site, we merely facilitate connections, and the provision of goods, services and solutions between Users. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Data Protection Legislation means all relevant and applicable data protection laws and regulations, including, where applicable and without limitation, the Privacy Act 1988 (Cth), EU Data Protection Law, the DPA, and Canada Data Protection Law. SingSaver The Platinum Card Offer Terms and Conditions 1. However, there are certain circumstances where we will act as a separate and independent Controller in respect of Personal Data in User Content (eg, User Account Data). There you will want to make sure that both the Proposal template and the Language are changed. If you want cookie notice banner and user consent. If you as a User are a member or employee or otherwise affiliated to an Associated Business and use the OpenSolar Site and Services to enter customer information, we will not contact those customers without the express permission of a User either directly from the User or from the Associated Business, other than in the normal course of providing OpenSolar Services (for example when our Site facilitates the emailing of proposals designed by the User to their customers). Service Agreement means an agreement for services that we will provide you on the terms (and subject to the Fees, timetable, specifications and related matters) set out in a form substantially similar to that set out at Schedule 1. OpenSolar does not bear any responsibility for the correct calculation, presentation or payment, of any taxes related to User Services or any other transactions for goods or services undertaken between Users. This Agreement was last modified on 30 November 2022. You represent and warrant that your User Content: will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person; will not violate any applicable federal, provincial, local, or international law or regulation; will not be defamatory or trade libellous; will not be harmful to our reputation or goodwill; will not include incomplete, false or inaccurate information about User or any other individual; will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and. If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, OpenSolar will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement. If a dispute arises between you and OpenSolar, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. 3. If a dispute arises in connection with this Agreement, a party to the dispute must give to the other party or parties to the dispute notice specifying the dispute and requiring its resolution under this clause 17 (Notice of Dispute). As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. LIST OF PARTIES Pursuant to clause 9 of this Agreement, the standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council approved by the European Commission (C(2021) 3972 final dated 4 June 2021) (the "SCCs") and available at https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc/standard-contractual-clauses-international-transfers_en (or such other URL as may be made available by the European Commission from time-to-time) shall apply to transfers of Personal Data by Clients established in the EU/EEA to OpenSolar entities in non-adequate third countries. UNDER NO CIRCUMSTANCE WILL WE, OUR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SERVICE PROVIDERS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, RELIANCE ON, THE OPENSOLAR SITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD PARTY WEBSITES, NOR ANY SITE CONTENT, MATERIALS, POSTING OR INFORMATION THEREON. G. in Clause 17 (Governing law), Option 1 shall apply, and the EU SCCs shall be governed by the laws of Ireland; H. in Clause 18(b) (Choice of forum and jurisdiction), disputes shall be resolved before the courts of Ireland; I. Annex I of the EU SCCs shall be deemed completed with the information set out in Annex 1 (Data Processing Description) of this Schedule; J. Annex II of the EU SCCs shall be deemed completed with the information set out in Annex 2 (Technical and Organisational Security Measures) of this Schedule; and. all liabilities, damages, costs, losses and expenses suffered or incurred by OpenSolar. Our failure to enforce any part of this document is not a waiver of any of our rights to later enforce that or any other part of this document. Personal Data has the meaning given to it in the GDPR. We provide applications and certain functionality on our OpenSolar Site to assist Users. Part 4 (Mandatory Clauses) of the IDTA shall apply unmodified as set forth in the IDTA. For any other purposes which are compatible with the purposes set out above. This Agreement is made up of these User Terms and Conditions and the Service Agreement(s) (including each respective Fee Schedule applicable to that Service Agreement). First time users will be required to create their login credentials. We are not a party to the User Contract. When you click agree or otherwise accept a Service Agreement and a Fees Schedule it will be incorporated into and governed by the terms of these User Terms and Conditions. (l) Notwithstanding the above clauses (a-k) you authorise OpenSolar to Process the Protected Data, including to de-identify and anonymise the Protected Data ("Anonymised Data"), for OpenSolar's own use in improving OpenSolar's services (including in connection with the ability of the OpenSolar Site to better tailor recommendations to specific projects or certain of your customers) and to conduct market and project analytics, trend analysis, data insights and forecasts, and market research and insights creation, including to make any such analytics, insight or research available to third parties, provided that OpenSolar shall: ensure that such Processing is carried out in compliance with Data Protection Legislation; and. Contact: Andrew Birch, Privacy Officer. Australia United States Image: Colorado Energy Office OpenSolar released the 2.0 version of its free rooftop solar design and sales software platform. You acknowledge and agree that any tools, calculators, design platforms, results and output produced by the OpenSolar Site are estimates only, and that we do not guarantee that these estimates will match actual measurements taken at a given site. Information on the OpenSolar Site may contain general information about legal, financial and other matters. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE OPENSOLAR SITE. The individual associated with the Account will be held responsible for all actions taken by the Account, without limitation. 2003, c. 63 and an Act respecting the protection of personal information in the private sector, CQLR, c. P-39.1. These User Terms and Conditions describes the terms and conditions which you accept by using the OpenSolar Site or the OpenSolar Services. Nothing in these User Terms and Conditions creates a partnership, joint venture, agency or employment relationship between OpenSolar and any User. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our OpenSolar Sites. No Warranty as to Each Users Purported Identity. User, you or your means an individual who visits or uses the OpenSolar Site. Legal notices can be served to the email address, phone number, address or other contact details you provide to OpenSolar during the registration process. In the context of OpenSolar acting as a processor: B2B: Client Data, including names of your employees, email address and contact number, job role, details relating to your project's specifications; and your forecasts; B2C: Users customers' data including name, email address, address (including latitude and longitude), phone number and details of the customer's project (e.g. Processor Terms. These User Terms and Conditions describes the terms and conditions which you accept by using the OpenSolar Site or the OpenSolar Services. The OpenSolar Site is an online venue where Users can share information, products and services primarily related to distributed energy. Data importer(s): [Identity and contact details of the data importer(s), including any contact person with responsibility for data protection], Australia In the event of any assignment, novation or transfer you will remain bound by this Agreement. Data Breach means a breach of security leading to the accidental, unauthorised or unlawful destruction, loss, alteration, or disclosure, or access, of or to any Protected Data. Account means the user account used to access the OpenSolar Site. Access contracts Terms of Use International Renewable Energy Agency ("IRENA") and Terrawatt Initiative ("TWI") jointly maintain this website as a courtesy to those who may choose to access it (the "Users"). TERMS AND CONDITIONS APPLICABLE TO ANNUAL ALLOWANCE. Easily apply for financing through Handypay's digital application process. A medium-sized installer can save an estimated average of $16,000 a year by switching to OpenSolar. You agree that you will not pursue any claims arising under these User Terms and Conditions on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding. You will not use the OpenSolar Site if you: are not able to form legally binding contracts (for example, if you are under the age of consent under the laws of Australia or in your jurisdiction); a person barred from receiving and rendering services under the laws of Australia or other applicable jurisdiction; or. We may use the information we collect about you, or any of your customers or clients, (including any User Content and personal information) as is reasonably necessary to operate the OpenSolar Site and provide the OpenSolar Services and for the purposes described in our Privacy Policy including for the purpose of performing analysis, tailoring information, developing and offering services that we may offer to you from time to time, providing updates, providing newsletters or feedback to Users. (a) patents, copyright and neighbouring and related rights, moral rights, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in design, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights; and If any part of this document is found to be unenforceable, that part will be limited to the minimum extent necessary so that this document will otherwise remain in full force and effect. All claims you bring against OpenSolar must be resolved in accordance with the terms of this Agreement. You may from time to time during the term of these User Terms and Conditions elect to acquire Additional Services from us. Although we may use commercially reasonable efforts to do so, we are under no obligation to provide technical support with regards to the OpenSolar Site or the OpenSolar Services, and we provide no assurance that any specific errors or performance issues in the OpenSolar Site or the OpenSolar Services will be corrected. All applications are subject to Brighte's credit approval criteria. A User must not share their login credentials and any relevant passwords with any other person (including any other User). Our Services, the OpenSolar Site and all content on it are provided on an as is, with all faults and as available basis and without conditions, warranties, representations or other terms of any kind either express or implied. Lease 1,391 square feet of office/warehouse space for a year. To the extent that any component of these User Terms and Conditions is in conflict with inalienable rights under local laws, all parties intend for this agreement to be read down only insofar as to be in compliance with such local laws and no further. User Account Data means a User's email address, log-in details and information used by OpenSolar in providing the User access to the OpenSolar Site together with that User's account usage information and history on the OpenSolar Site. We will use reasonable endeavours to notify you if there amendments that may have a material adverse effect on your use of the OpenSolar Site or the OpenSolar Services, however for completeness we encourage you to check our website periodically to ensure you are aware of our current User Terms and Conditions. Alternatively, we may give you legal notice by mail to any address provided by you during the registration process. We may close, suspend or limit your access to your Account at any time without reason. If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. Pursuant to clause 9 of this Agreement (which constitutes the "Linked Agreement" for purposes of the Tables below), the International Data Transfer Agreement issued by the Information Commissioner (version A1.0, in force 21 March 2022) (the "IDTA") and available at https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/international-data-transfer-agreement-and-guidance/ (or such other URL as may be made available by the Information Commissioner from time-to-time) shall apply to transfers of Personal Data by Clients established in the UK to OpenSolar entities in non-adequate third countries. Role: Controller. Nothing in these User Terms and Conditions shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between OpenSolar and any User. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). are suspended from using the OpenSolar Site. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. OpenSolar shall appoint the Sub-Processor under a binding written contract (Processor Contract) which imposes data protection obligations that are no less onerous as those contained in these terms on the Sub-Processor. You acknowledge and agree that the OpenSolar Site is only an online venue where Users can share information, products and services. OpenSolar, we, our, company or us means OpenSolar Pty Ltd ACN 621 679 632. As specified in Schedule 4 (Technical & Organisational Security Measures (TOM)) of this Agreement). Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of User Services via the OpenSolar Site. To the extent reasonably possible, communication with other Users in relation to services and transactions facilitated through the OpenSolar Site should be conducted through the OpenSolar Site. The SCCs are hereby incorporated into this Agreement by this reference and are hereby deemed to be completed and to apply as set forth below in this Schedule. promptly enter into discussions with you regarding the possibility that OpenSolar ceases to use a Sub-Processor to Process Protected Data where you reasonably request that the Sub-Processor stops Processing Protected Data for security reasons or concerns about the Sub-Processors ability to carry out the Processing in compliance with Data Protection Legislation or these terms; ensure that personnel Processing Protected Data on behalf of OpenSolar have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; and. Depending on their jurisdiction, Users may have rights under statutory warranties that cannot lawfully be excluded. The following clauses apply only in respect of, and to the extent that: (i) you act as a Controller of Protected Data under Data Protection Legislation; and (ii) we are a Processor in the course of our provision of the OpenSolar Site and OpenSolar Services to you: (a) each of us shall comply with our obligations under Data Protection Legislation and agree that the subject matter, nature, purpose, and duration of Processing of Protected Data and the applicable types of Protected Data and the categories of Data Subjects are as set out in the table in this clause 9 below (which may be updated from time to time by OpenSolar); in this regard, you acknowledge and agree that OpenSolar will act as a Processor with respect to its Processing of Protected Data in accordance with this clause 9,and will act as a Controller of Personal Data as specified above in this clause 9.
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