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CQSola General Website Terms

  • 1. Acceptance of Terms

  • 1.1 This website (www.cqsola.com) (Website) is owned and operated by Cqsola Pty Ltd ACN 632 445 955 trading as CQSola (CQSola, we, us).
  • 1.2 By using this Website, or registering for a CQSola Account, you agree to be bound by the following agreement (Terms of Use) between you and CQSola. These Terms of Use incorporate our Privacy Policy and Product Purchase Terms and form a legally binding agreement between you and CQSola.
  • 1.3 If you do not agree to these Terms of Use, please exit the Website immediately.

  • 2. Changes to these Terms of Use

  • 2.1 We may update these Terms of Use by posting the new version on the Website. It’s important that you review the Terms of Use whenever we modify them, because your continued use of the Website after the effective date of the change constitutes your agreement to be bound by the modified Terms of Use.

  • 3. Registering for a CQSola Account

  • 3.1 This Website allows all visitors to purchase Products, and register for a CQSola Account.
  • 3.2 If you register for a CQSola Account as a customer, you will be able to access more extensive features of our Website, such as the alibility to:
    • (a) change your account details, including your contact details, password, and preferred payment details;
    • (b) add and remove yourself from our newsletter mailing list;
    • (c) view and download past orders and invoices; and
    • (d) save and view a 'wish list' of your favourite Products on our Website.
  • 3.3 If you register for a CQSola Account as a Certified Installer, you will also have access to additional features, such as the ability to:
    • (a) view and download past rebates;
    • (b) submit rebate claims;
    • (c) register Products to generate usage data; and
    • (d) view, accept and reject work orders.
    • 3.4 You may register for a CQSola Account by completing the registration process on our Website. During the registration process we will ask you for a number details including your name, address, electrical certification number (if applicable), phone number and email address.
    • 3.5 By completing the registration process on our Website you:
      • (a) represent and warrant that:
        • (i) you are at least 18 years of age;
        • (ii) your profile is true and submitted in good faith; and
        • (iii) your profile is your own and not that of another person or business;
      • (b) agree to not disclose your CQSola Account login ID or password to any other person and to keep this information secure and confidential; and
      • (c) if you are registering on behalf of a company, you represent and warrant that you are authorised to bind that company to these Terms of Use, and our Product Purchase Terms (if you purchase a Product).
    • 3.6 When registering as a user, you may elect to subscribe to our newsletter mailing list. If you do, we will send you information and offers relating to our Products. You can unsubscribe from our mailing list at any time by clicking the 'unsubscribe' link at the bottom of our marketing emails or by emailing us at sales@cqsola.com.
    • 3.7 We reserve the right to cancel your CQSola Account for any reason at any time. You may cancel your CQSola Account by emailing us at sales@cqsola.com. It may take up to 5 business days for us to process your deregistration. After deregistration, we may (at our election) continue collecting device data generated from any Products you have purchased. Any personal information we hold about you will treated in accordance with our Privacy Policy, even after deregistration of your CQSola Account.

  • 4. Purchasing Products

  • 4.1 You may purchase Products from our Website. If you do, your purchase will be subject to our Product Purchase Terms, which are available here.

  • 5. Your Warranties and Obligations

  • 5.1 You agree to:
    • (a) comply with these Terms of Use and all applicable laws and regulations;
    • (b) use the Website in good faith; and
    • (c) use the Website for personal use only, unless you are a Certified Installer or wholesale customer.
  • 5.2 You must not:
    • (a) use the Website in breach of any applicable laws or regulations;
    • (b) interfere with, disrupt, or create an undue burden on the Website; or
    • (c) permit a third party to:
      • (i) use any method or process (including data scraping, web-bots, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repacking the content; or
      • (ii) do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website.
  • 5.3 If you believe that a user has breached any of the above conditions, please let us know using the contact details provided below.
  • 5.4 We reserve the right to block or suspend any user of the Website, and to modify or remove any material uploaded, posted, transmitted or otherwise made available on the Website by any user, without notice. By uploading, transmitting, posting or otherwise making available any material via the Website, you grant CQSola a non exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Copyright Act 1968.
  • 5.5 CQSola is not responsible for, and accepts no liability with respect to, any material uploaded, posted, transmitted or otherwise made available on the Website by any person other than CQSola. CQSola does not endorse any opinion, advice or statement made by any person other than CQSola.
  • 5.6 You agree to indemnify CQSola and each of the officers, employees, agents, contractors, suppliers and licensors (collectively Affiliates) of CQSola in respect of any liability, loss or damages (including all legal and other costs on a full indemnity basis) suffered or incurred by them arising (in whole or part) out of the breach of or failure to comply with any of these Terms and Conditions, or any other default or wrongful conduct in relation to the subject matter of these Terms and Conditions, on the part of you or any of your Affiliates.

  • 6. Intellectual Property Rights

  • 6.1 The material on the Website is protected under Australian and international copyright and other laws governing protection of Intellectual Property Rights. Intellectual Property Rights in images, trade marks and other content on the Website are owned by, or licenced to, CQSola. You must not deal with the material on the Website in any way which infringes on the content owner’s Intellectual Property Rights without separate written permission from the content owner.
  • 6.2 You may share links to our Website on social media. Please contact us if you wish to re-post images or other content from this Website on another site, as some materials are subject to third party licences.

  • 7. Disclaimers and Limitation of Liability

  • 7.1 By accessing our Website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus transmitted by the Website or by any Third Party Content or Third Party Website (defined below).
  • 7.2 To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in connection with the Website are excluded. By accessing this Website, you agree to indemnify CQSola and each of its Affiliates for any loss, damage, cost, or expense whatsoever suffered arising out of or in connection with your use of the Website.

  • 8. Responsibility for own actions

  • 8.1 Each party agrees to release and hold harmless, indemnify and defend the other party and its Indemnified Officers against any Claim or Liability from or in relation to:
    • (a) its own negligence or malpractice, or reckless or intentional misconduct; and
    • (b) its own failure to perform its obligations and responsibilities under these Terms of Use.

  • 9. Indemnity

  • 9.1 You agree to release and hold harmless us, indemnify and defend us and our Indemnified Officers against any Claim or Liability arising from or in relation to:
    • (a) the misuse of the Website by you or anyone you allow to log in to your CQSola Account, whether deliberately or otherwise;
    • (b) your breach of any law or infringement of any third party rights including Intellectual Property Rights;
    • (c) any acts or omissions of anyone whom you allow to access the Website from time to time, whether deliberately or otherwise; or
    • (d) your breach of these Terms of Use or your breach of any warranties under this agreement.
  • 9.2 You agree to release and hold harmless us and our Indemnified Officers against any Claim or Liability arising from or in relation to:
    • (a) third parties, including delivery service providers;
    • (b) any downtime, interruption, hardware or software failure, or Consequential Loss of any kind;
    • (c) any loss or damage to persons or property (including data) caused by:
      • (i) the use of the Website or any Product;
      • (ii) the inability to use the Website or any Product;
      • (iii) the reliance on any information provided on the Website,
    • by you or anyone whom you allowed to access the Website using your CQSola Account;
    • (d) our reasonable actions in denying any person access to the Website for security reasons or non-payment;
    • (e) any error (whether negligent or in breach of contract or not) in information supplied by us to you or any other person; or
    • (f) actions taken in relation to this agreement in accordance with our obligations at law or any order issued by a court of law or relevant government authority, whether directly or indirectly arising in connection with the Website, even if we knew or should have known about the possibility of such loss or damage.
  • 9.3 You indemnify us for any reasonable legal expenses we incur as a result of your breach of these Terms of Use, including expenses for enforcing payment, on a solicitor and own client basis.

  • 10. Limitation of Liability

  • 10.1 Nothing in these Terms of Use excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law.
  • 10.2 To the fullest extent allowable at law:
    • (a) we only accept liability to you as set out in this clause 10, or as required by consumer or other laws which cannot be excluded by contract;
    • (b) indirect, special, pure economic or Consequential Loss (whether arising under contract or tort) are expressly excluded under this agreement;
    • (c) the information, services and material contained on this Website are provided on an "as is" basis. We disclaim all representations and warranties, express or implied (other than those set out in these Terms of Use), with respect to such information, services and materials, whether provided by us, third party contractors or other users of the Website;
    • (d) we do not accept liability for any claims or losses arising directly or indirectly from the acts or omission of any other users of our Website, including information and reviews published by customers with a CQSola Account; and
    • (e) despite any other provision to the contrary, you agree that our total liability and the total liability of our Indemnified Officers in connection with this agreement whether under contract or tort, will not in any circumstances exceed $100.00 or the total amount you have paid to us for the Product to which your claim relates (whichever is greater).

  • 11. Linking and Third Party Content

  • 11.1 The website may contain links to or display the content of third parties (Third Party Content), including links to websites operated by other organisations and individuals (Third Party Websites). Third Party Content and Third Party Websites are not under the control of CQSola. CQSola does not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Websites or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct. If you use or rely upon Third Party Content or Third Party Websites, you do so solely at your own risk.

  • 12. Termination of Access

  • 12.1 If we in our absolute discretion determine that you have committed a breach of these Terms of Use, we may immediately and without further notice to you, suspend your use of the Website by technical or other means.

  • 13. Governing law and jurisdiction

  • 13.1 These Terms of Use are governed by the laws of Queensland, Australia, and the parties submit exclusively to the courts of that jurisdiction.

  • 14. Severability

  • 14.1 If any provision of this agreement is ruled by a court to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision or part provision of this agreement.

  • 15. Definitions and Interpretation

  • 15.1 In these Terms of Use the following capitalised terms have the following meanings:
    • (a) Australian Consumer Law means Schedule 2 of Competition and Consumer Act 2010 (Cth)./li>
    • (b) Certified Installer means an accredited installer of our Products listed at [insert URL].
    • (c) Claim means any claim notice, demand, investigation, action, proceeding, litigation, or judgment however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort (including negligence) or statute and whether involving a party to these Terms of Use or third party.
    • (d) Consequential Loss includes, without limitation:
    • (i) loss of data or unauthorised disclosure of data; and
    • (ii) loss of opportunity, loss of revenue, loss of anticipated profits or savings, expenses incurred through default or breach, wasted overheads, loss of contract, loss of bargain, loss of business, loss of production, loss of use, loss of goodwill, and all other pure economic loss; and
    • (iii) disappointment, distress, stress, and inconvenience.
  • (e) CQSola Account means the unique account a user can register for at https://www.cqsola.com/customer/account/create/ and login to on our Website.
  • (f) Indemnified Officers means, in relation to a party, its directors, employees, contractors, agents and representatives.
  • (g) Intellectual Property Rights means all intellectual property rights, including copyright, inventions, patents (including patent applications), trade marks (whether registered or not), designs (whether registrable or not), eligible circuit layout rights, domain name licences, know-how, trade secrets, and includes the right to register any intellectual property rights.
  • (h) Liability means any liability (whether actual or prospective), loss, damage, cost or expense of any description, including legal fees on a solicitor and own client basis.
  • (i) Product means any item available for purchase on the Website.
  • (j) Terms of Use means this agreement as amended from time to time.
  • (k) Website means the website which may be accessed at www.cqsola.com, www.cqsola.com.au, www.cqsola.com.nz or www.cqsola.co.uk.
  • 15.2 The following rules of interpretation apply unless the context requires otherwise:
    • (a) a reference to a person includes a firm, a body corporate, an unincorporated association or an authority and vice versa;
    • (b) a reference to these Terms of Use or another document includes any variation, novation, replacement or supplement to any of them from time to time;
    • (c) a reference to conduct includes any omission, representation, statement or undertaking, whether or not in writing;
    • (d) specifying anything in these Terms of Use after the words including, includes or for example or similar expressions does not limit what else might be included unless there is express wording to the contrary;
    • (e) nothing in this agreement shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Competition and Consumer Act 2010 (Cth)) and which by law cannot be excluded, restricted or modified.