Our Green Home Terms and Conditions

In these terms and conditions (Terms of Use), “we” “us” and “our” refers to Object Consulting 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 of Use.

We reserve the right to amend these Terms of Use at any time to take account of new laws, regulations, products or technology and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended. Your use of the Service will be governed by the most recent Terms of Use. It is your responsibility to check the website regularly for updated versions of the Terms of Use.

Definitions

  • Energy Monitoring Equipment - a physical device and any associated infrastructure installed at the designated Premises, with the purpose of collecting energy consumption data to be managed by the website.
  • Secondary User - an additional individual, other than the registered Primary User, who signs up for and uses the “Our Green Home” Service; enjoying all the same features and benefits of the “Our Green Home” Service as the Primary User. Secondary Users are invited to join the existing Premises by the Primary User and can only make changes on their own account.
  • Premises - a physical address of a residence that the Primary User wishes to register with “Our Green Home”. Premises can be, but not limited to, a unit or a house.
  • Primary User - an individual who signs up for the “Our Green Home” Service and links the Energy Monitoring Equipment installed at their Premises to the “Our Green Home” platform, as described herein, and has directly or indirectly the authority to pay for the Service.
  • User - either a Primary User or a Secondary User.
  • Warranty - a 2 (two) year standard warranty provided by the manufacturer of the Energy Monitoring Equipment for the physical device.
  • Service - the service “Our Green Home” is providing it’s Users through the platform at www.ourgreenhome.com.au and any of its other channels, including but not limited to features, functionality, mobile apps, and content.
  • Special Program - referring to registrations as part of the Low Carbon Communities or Low Income Energy Efficiency Program funded by the Australian Federal Government.

Registered Users

  1. In order to access the Service, you must become a registered user. You must complete registration by providing certain information as set out on our membership/registration page. Please refer to our Privacy Policy for information relating to our collection, storage and use of the details you provide on registration.
  2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.
  3. On registration, we provide you with a password and a unique username for each User. The Primary User is responsible for the account, and Secondary Users are Users of the account.
  4. You are solely responsible for the confidentiality and use of your username and password. You agree that you will be solely responsible for any activities or actions taken under your username and password, whether or not you have authorised such activities or actions. If you become aware of any unauthorised use of your username and password, you agree to notify us immediately through our designated support email address available on the webpage.
  5. We reserve the right to terminate your registration at any time if you breach these terms and conditions.

Service Descriptions

  1. Our Services are provided to the Primary User and registered Secondary Users. By proceeding to purchase through our website, you acknowledge that as a Primary User you are over 18 years of age. Secondary Users can be younger than 18 years of age.
  2. The Services are provided for an initial 2 year period, commencing on the date the User accepts and agrees to the Terms and Conditions. You acknowledge that we may charge a fee for continued use of the Services after the initial 2 year period, but only in accordance with the published fee structure displayed on our website at that time (this excludes Users registered for the Services as part of the Special Program - those Users will not be charged for accessing the Services beyond the initial 2 year period).
  3. We strive to ensure that our Service offerings 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.
  4. When you register your details with us, we require you to provide your name, address for the Premises, email address and telephone contact. Details not provided will result in an incomplete registration. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
  5. All risk of loss or damage to the Energy Monitoring Equipment passes to you on installation.
  6. The Primary User acknowledges that:
    • To use the Service the Premises must have an Internet connection. If the Premises do not have a working Internet connection, the Primary User agrees to meet these requirements and install it at their own expense.
    • We are authorised (and our agents and contractors) to install and, if necessary, repair the Energy Monitoring Equipment at the Premises. You must ensure that if required at all times, we and our agents and contractors have sufficient access to the Premises.
    • To be used with the Service, the Energy Monitoring Equipment must be installed by a qualified electrician inside the fuse box of the Premises, and that they have the authority directly or indirectly to perform such work inside the Premises. If the Premises are rented, then an authority must be granted by the landlord prior to the installation of the Service.
    • The Energy Monitoring Equipment will require the fuse box to have a spare DIN slot for the installation, and should be deemed safe to work with. If the fuse box is not compliant to the safety regulations and requires a safety upgrade, or needs additional DIN slots, such upgrades are not included in the cost of provisioning the Service and the Primary User may choose to either pay for the upgrade or cancel the installation.
    • They will provide access to the wireless area network (WAN) at their Premises for installation of the software to be configured with the Energy Monitoring Equipment.
    • Any maintenance and support for the User’s WAN at the Premises will remain the responsibility of the User; and we shall not be liable or responsible for this at any time.
  7. All Users acknowledge that we may use the data collected from the Users using the Service externally on an anonymity basis (see our Privacy Policy), and the User grants us such rights of usage without limitation.
  8. The Primary User acknowledges that if you move Premises, you will be responsible for the deactivation and reinstallation of the Energy Monitoring Equipment at your designated Premises. This cost will be solely at your expense, unless explicitly covered by the terms of the Special Program.
  9. As part of the Service you may invite other Users as friends. Accepting a friend request will allow friends to view each other’s aggregated energy usage data.
  10. We will not be responsible or liable to you for Users you invite as friends or for any claims or acts resulting from the data viewed by such friends. You accept full responsibility for such claims or acts.

Returns

  1. We undertake to replace or repair any Energy Monitoring Equipment delivered to you that is faulty or defective after installation and within the Warranty period. If you wish to return a faulty or defective Energy Monitoring Equipment, you must notify us through our designated support email address available on the webpage. Replacement of any faulty or defective Energy Monitoring Equipment outside of Warranty will need to be at your expense.
  2. The cost of replacing damaged Energy Monitoring Equipment will be at your expense whether or not it is within the Warranty period. We accept no liability or responsibility for damage to the Energy Monitoring Equipment.

Site Access

  1. When you visit our website, we give you a limited licence to access and use our information for personal use.
  2. 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.
  3. 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.
  4. 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.

Hyperlinks

  1. 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.
  2. You may link our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website's contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

Intellectual Property Rights

  1. 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.
  2. 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.
  3. You grant to us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence (including a right to sublicence) to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content of your energy consumption data collected by the Energy Monitoring Equipment as permitted through the functionality of the Service and under these Terms of Use.
  4. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through using the Service becomes our property. If in future we use your Comments in promoting the Service or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
  5. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

Disclaimers

  1. 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.
  2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
  3. 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.
  4. You acknowledge that the data provided by the Energy Monitoring Equipment should not be relied on for billing purposes and that there can be a variance.
  5. You understand that it is your responsibility to manage your electricity consumption, and that using the Service will not guarantee lower bills.
  6. The availability of your energy consumption data through the Service is subject to a number of variable factors, including, but not limited to: your Internet connection and download speeds, the quality of communication provided by your Internet router and the reliability of the Energy Monitoring Equipment used as part of the Service. As a result we do not warrant that the Service will always work, that it is error free, that the information presented is always accurate, that the Energy Monitoring Equipment or website will always function in accordance with documentation or specifications, or that your energy supply will not be interrupted.
  7. The Service is not fault-tolerant and is not designed, manufactured, or intended for use in connection with on-line control for equipment in hazardous environments requiring fail-safe performance, such as in the operation of aircraft navigation or air traffic control or direct life support machines, in which the failure of a product could lead directly to death, personal injury, or severe physical or environmental damage. You should not install the Energy Monitoring Equipment or use the Service if you have a life support machine, other electricity-dependent medical device at your premises, or if you are concerned that the power to a particular device may be turned off.

Limitations of Liability

  1. We accept no liability for any direct or indirect loss whatsoever including consequential or incidental loss or damage suffered by you arising from services we have supplied. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again.
  2. We do not accept liability for anything contained in the interaction posts between Users of the Service or in any form of communication which originates with a User and not with us. We do not participate in any way in the transactions between our Users.

Indemnity

  1. 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.

Force Majeure

  1. If a Force Majeure event causing delay continues for more than 30 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.

Jurisdiction

  1. These terms and conditions are to be governed by and construed in accordance with the laws of NSW 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 NSW and you agree to submit to the jurisdiction of those Courts.
  2. 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.

Privacy

  1. We undertake to take all due care with any information which you may provide to us when accessing our Service. 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.
  2. Our compliance with privacy legislation is set out in our separate Privacy Policy.