Thank you for using our products and services (“Services”).

These Terms of Use are issued by Redback Operation Pty Ltd TA Luceo Energy ACN 605 542 541 (“Redback”, “we”, “us”, “our”) and govern your use of our Services.

You should read these Terms of Use and our Privacy Policy before making use of our Services.

By using our Services you acknowledge and agree that you have read and understood these Terms of Use and you agree to be bound by them. If you do
not agree to these Terms of Use, please do not use the Services.

1. Your use of our services

1.1 Some of our Services require you to have a Redback account. In this case, your account will be created by your installer.

1.2 When using our website and other Services, you must not:

provide us with inaccurate or incomplete information;
violate any applicable laws, or use our Services for any purpose that is unlawful or prohibited by these Terms of Use;
distribute viruses, trojans, spyware, corrupt files, carry out denial of service attacks or use any other similar software or programs that may interrupt the functionality of our Services or damage the operation of any computer hardware or software;
use any software or technologies to scrape information from our Services or collect or store personal information about any users on our Services;
engage in any other conduct that inhibits any other person from using or enjoying our Services; or
use the Services to make an installation non-compliant with a network connection agreement or other relevant regulation; or
share any username or password you provide us with any other person and must immediately notify us if you become aware of any improper use or disclosure of your username or password.

1.3 We may allow you to add content to our Services. You must not add any content to our Services:

unless you hold all necessary rights, licences and consents to do so;
that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
that would bring us, or the Services, into disrepute; or that infringes the intellectual property or other rights of any person.

1.4 You acknowledge and agree that despite anything else in these Terms of Use:

you must not commercialise any of the intellectual property rights in the Services owned by us (or our licensors);
we retain complete editorial control over the Services and may alter, amend or cease the operation of the Services at any time in our sole discretion;
we reserve the right to charge a licencing fee for the use of Services.

1.5 The Services may contain links to other websites. We do not endorse, sponsor or approve any content available on any third party website.

2. Privacy

2.1 Please see our Privacy Policy for details of how we collect and handle your personal information, including how and when we may share your information with third parties.

2.2 Redback may collect personal information about the user when they use a device or appliance located on a property that has Redback products are installed. The primary purpose of collecting such data is to ensure optimal operation of Redback’s products, providing customer support and keeping users informed about products, services, offers and upcoming events and to improve our service.

2.4 We ask for some minimum personal information (mandatory fields) to open a Redback account. If applicants do not permit us to collect or otherwise provide to us all of this information, we will be unable to open an account.

3. About software in our services

3.1 When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available.

4. Licence to use services

4.1 We grant you a non-exclusive, worldwide, non-transferable licence to use the Services in accordance with the terms and conditions set out in these Terms of Use.

4.2 You may access and use the Services (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Services for your own personal, non-commercial use.

5. Intellectual property rights; data sharing

5.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Services.

5.2 By posting or adding any content onto the Services, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.

5.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.

5.4 Some of our Services involve collecting and processing information about energy use and other electrical data, including usage and, production, voltage levels, state of charge of the battery and appliance use. We work with third parties who either provide a service to our customers, or who improve the delivery and function of our Services. With your consent, we may share information about your energy and other electrical data, including information about usage, production, and voltage levels with these third parties. You can read more about how we use your data in our Privacy Policy. You acknowledge and agree that we may provide your information to third parties if you have expressly given permission for us to do so. You can manage which third parties we share your data with and access information about what data is shared by logging into your inverter’s dashboard and clicking on the subscription tab.

6. Our warranties and disclaimers

6.1 We provide our Service using a commercially reasonable level of skill and care. While we endeavour to provide a functional Service, we do not make any commitment that Redback Services will always be safe, secure or error-free or that the Services will always function without disruptions, delays or inaccuracies, delays, imperfections or other errors. We also do not make any commitments about the content within the Services. To the maximum extent permitted by applicable laws our Services are provided on an ‘as is’ and ‘as available’ basis.

6.2 Nothing in these Terms of Use excludes, restricts or modifies any guarantee, warranty, term or condition, right or remedy implied or imposed by an applicable law that cannot be lawfully excluded, restricted or modified. This includes the Australian Consumer Law, which contains guarantees that protect purchases of goods and services in certain circumstances.

If any guarantee, term, condition or warranty is implied in relation to our Terms of Use (a “Non-Excludable Provision”) and Redback is able to limit your remedy for a breach of a Non-Excludable Provision, then Redback’s liability is limited to one or more of the following at our sole option:

in the case of goods, replacement of the goods or supply of equivalent goods, repair of the goods, or payment of the cost of replacing the goods; and
in the case of services, resupply of the service or payment of the cost of resupplying the services.

6.3 To the maximum extent permitted by applicable laws, we exclude and disclaim all representations, warranties, guarantees or terms (whether express or implied by statute, trade or otherwise) other than those set out in these Terms of Use.

6.4 You represent and warrant to us that:

you have the legal capacity to enter these Terms; and
you have complied and will continue to comply with your obligations clause 1.
7. Liability

7.1 Subject to clause 6.2 and to the maximum extent permitted by applicable laws:

a Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from:

any errors in or omissions from the Services available or not included therein;
the unavailability or interruption to the supply of the Services;
your use or misuse of the Services (regardless of whether you received any assistance from a Covered Party in using or misusing the Services);
your use of any equipment in connection with the Services;
the content of Services;
any delay or failure in performance beyond the reasonable control of a Covered Party; or
any negligence of a Covered Party or its employees, contractors or agents in connection with the performance of our obligations under these Terms of Use (other than liability for death and personal injury);
the Covered Parties’ liability to you for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that you caused or contributed to that loss or damage;
the aggregate liability of the Covered Parties whether for breach of these Terms of Use or in tort (including negligence) or for any other common law or statutory cause of action shall not exceed the lesser of your actual direct damages or the amount you paid for the goods, or in the case of services the amount you paid for the services in the twelve month period immediately preceding the date the claim arose; and
the Covered Parties shall not be liable for any special, indirect, incidental, or consequential damages of any kind whatsoever (including without limitation, legal fees and loss of profits contracts, business, revenue, goodwill, anticipated savings, business information or data) in any way due to, resulting from, or arising in connection with the goods and services, or the failure of any covered party to perform its obligations, regardless of any negligence of any covered party.

7.2 In this clause 7 ‘Covered Party’ means: (a) us, our affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of us or our affiliates; and (b) each third party supplier of Services, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of Services or any of their affiliates.

8. Modification to our services and terms of use

8.1 We are constantly improving our Services and as a result we may add or remove functionalities or features, and we may suspend or stop a Service altogether. In the case that we are ceasing a Service entirely, we will endeavour to notify you in advance.

8.2 We may modify these Terms of Use, or any additional terms that apply to the Services to that we notify you of, for example, to reflect changes to the law or our Services, at any time.

In the case that we modify these Terms of Use:

we will endeavour to provide you with advanced notice of any modification or termination of applicable terms, including these Terms of Use;
a revised version of these Terms of Use will be posted on our website;
changes will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately;
if you do not agree to modified terms for a Service, you should discontinue your use of that Service immediately. Your continued use of our Services after the notice period has expired will be deemed acceptance of the amendments.
9. Terminating services

9.1 These Terms terminate automatically if, for any reason, we cease to operate the Services.

9.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.

9.3 If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

9.4 You can terminate your use of our Services:

in the case of our website, ceasing use immediately;
in the case of Services where you have agreed to pay us with 30 days’ notice in writing.
10. General

10.1 These Terms of Use and Redback Privacy Policy make up the entire agreement between the parties regarding Services, and supersedes any prior communications, representations, inducements, undertakings, agreements or arrangements between the parties.

10.2 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms of Use or our Privacy Policy.

10.3 All of our rights and obligations under this Terms of Use and Privacy Policy are freely assignable by us in connection with a merger, acquisitions, or sale of assets, or by operation of law or otherwise.

10.4 If a provision of these Terms of Use or our Privacy Policy are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

10.5 Each party must at its own expense do everything reasonably necessary to give full effect to this Terms of Use and the events contemplated by it.

10.6 These Terms of Use are governed by the laws of Queensland and each party submits to the exclusive jurisdiction of the courts of Queensland.

10.7 Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws

10.8 These Terms of Use are current at 23 September 2020.