Last updated Oct 2024

TERMS AND CONDITIONS OF USE

1. About the Platform

Welcome to www.28watt.com.au (the Platform). The Platform is operated by 28Watt Trading Pty Ltd (ACN 679 586 915) (“28Watt”, “we”, “us”) and is a marketplace that connects you (the “User”, “you” or “your”) to resellers of energy-efficiency products who are also licenced installers (the Installers) by way of

• you providing us with information and expressing your interest in improving your home by upgrading, purchasing and installing energy-efficiency products, including but not limited to photovoltaic (solar) systems, energy storage (battery) units, air conditioning systems, hot water systems, LED lighting, and pool pumps (the Products);
  
  
• us reviewing your information and providing you with indicative estimated pricing (the Preliminary Quotation) for the purchase of the Products and installation of those Products by an Installer (the Installer Services) for you to either accept or reject the Preliminary Quotation;
  
  
• where you accept the Preliminary Quotation, you will be making an expression of interest for us and/or the Installer to undertake additional investigations into your final selection of the Products and whether and Installer can install the Products at your property (the Investigation Stage). The Investigation Stage may include, but is not limited to us requesting further information from you; the Installer requesting further information from you; and the Installer inspecting your property to ascertain whether the Products can be installed at your property;
  
  
• on conclusion of the Investigation Stage, the Installer will upload its quotation for your purchase of the Products and the installation of those Products at your property (the Installer’s Quotation). The Installer’s Quotation will also include the Installer’s standard terms and conditions (the Installer Terms); and
  
  
• you can accept the Installer’s Quotation (including the Installer Terms) by:
  - electronically signing the Installer Quotation via the Platform; and
  - paying the purchase price for the Installer Services (the Purchase Price),
  on the terms and conditions set out in these terms and conditions (the Terms). The process regarding the Preliminary Quotation, the Investigation Stage and the Installer’s Quotation and Installer’s Terms and paying the Purchase Price are further particularised below.

The services set out in clause 1 is collectively referred to as the Services.

2. Acceptance of these Terms

• Access to and use of the Platform, or any of its associated products or services, is provided by 28Watt. Please read these Terms carefully. By using, browsing and/or reading the content on the Platform, this signifies that you have read, understood and agree to be bound by the Terms. You may also accept the Terms by clicking ‘I Accept’ or ‘I Agree’ to the Terms where this option is made available to you by 28Watt in the user interface of the Platform. If you do not agree with the Terms, you must cease usage of the Platform, or any of its products or services, immediately.
  
  
• 28Watt reserves the right to review and change any of the Terms by updating this page at its sole discretion. When 28Watt updates the Terms, it will use reasonable endeavours to provide you with 14 days’ notice of same. Any changes to the Terms take immediate effect from the date of their publication. It is recommended that you check the Terms available on the Platform from time to time and make a copy for your records.
  
  
• You may not use the Services and may not accept the Terms if:
  • you are not of legal age to form a binding contract with 28Watt; or
  • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
    
    

3. Services

• By using the Services, you acknowledge and understand that 28Watt does not provide you with the Installer’s Quotation, the Products or the Installer Services, but rather, 28Watt is only a third party facilitator that uses technology to make your selection of Products and Installers a seamless experience. Further:
  • unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are inclusive of GST unless otherwise indicated on the Platform;
  • 28Watt may receive a service fee from third parties in relation to the provision of the Services, such as fees from the Installer; and
  • you shall remain solely responsible for assessing the implications and risks of using the Services and the Installer Services.

4. Personal Information

• To access the Services, you may be required to provide personal information about yourself, including but not limited to, the following:
  
  • your name;
  • your email address;
  • a mailing address; and
  • details about the property where you desire the Product to be installed (the Property)

(the Preliminary Details).

• Once you have provided us with the Preliminary Details, we will generate the Preliminary Quotation based on the information we have sourced from the Installers registered to the Platform.
  
  
• If you accept the Preliminary Quotation, you may also be required to provide us and the Installer with further information regarding the Property, such as your telephone number, images of your switchboard and/or the Property, current electricity, gas and power bills, and other like information including when the Installer may be inspecting the Property and your availability prior to the issuance of the Installer’s Quotation (the Property Information). You warrant that:
  • the Preliminary Details and Property Information (collectively referred to as Personal Information) may be provided to the Installer to facilitate the Services;
  • the Personal Information, and any further information you provide to 28Watt or the Installer will always be accurate, correct and up to date and you will not omit any Personal Information which a reasonable person would consider to be relevant in the provision of the Installer Services;
  • providing false, misleading or deceptive Personal Information may result in the immediate termination of the Services; and
  • 28Watt or its third-party contributors (including the Installers) (Third Parties) may send you regular emails, newsletters, telephone calls or SMS updates to keep you informed about recent activities. If you do not wish to receive updates from 28Watt, you may contact 28Watt at hello@28watt.com.au.
    
    
• In addition to the above, you may be given an opportunity to be referred to a provider of financial services or products to assist you in paying the Purchase Price (the Financier). Where this option is made available to you, we may provide you with an indicative preliminary estimate regarding the finance cost, the finance options and the contact details of a Financier (the Financier Referral). We do not operate as an Australian credit representative or licence holder and only offer this Financier Referral to assist you with sourcing alternative financial products for the funding of the Purchase Price.
  
  
• All Personal Information will be held in accordance with the privacy policy available on the Platform at www.28watt.com.au/privacy-policy/ (the Privacy Policy).

5. Your Obligations

• As a User, you acknowledge and agree that:
  • you will comply with the Terms and the Installer Terms or the terms and conditions contained in the Installer’s Quotation;
  • where the Installer Terms are inconsistent with these Terms, these Terms shall prevail. An inconsistency will be considered to exist if, regardless of the purpose of the provision, the relevant subject matter or action to be taken is dealt with differently in both the Installer Terms and these Terms;
  • you will use the Platform and the Services only for the purposes that are permitted by:
    - the Terms; and
    - any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
  • access and use of the Platform and its Services is limited, non-transferable and allows for the sole use of the Platform by you for the purposes of 28Watt providing the Services and only for the duration that you are a User;
  • you must not:
    - use the Services or Installer Services for any illegal and/or unauthorised use;
    - use the Platform unlawfully or in a manner that violates any applicable laws, regulations or these Terms;
    - hack into any part of the Platform or attempt to circumvent 28Watt’s security or network to access data not intended for you;
    - interfere with the servers or networks connected to the Platform or the Services, or violate any of the procedures, policies or regulations of networks connected to the Platform or the Services;
    - engage in conduct or access the Platform in a way that will impose an unreasonable or large burden of traffic demands on 28Watt’s infrastructure;
    - create derivative works of the Platform or an application substantially similar or a direct copy of the Platform such that confusion may occur as to which Platform is operated by 28Watt;
    - copy, or produce a substantially similar platform to the one that was provided to you through the Services without referencing 28Watt;
    - automate the use of the Platform or the Services; and
    - remove any commercial advertisements or affiliate links from the Platform without notice.
    
    
• You acknowledge and agree that 28Watt reserves the right, at any time and without prior notice, to cease the provision of the Services at its sole discretion without notice and for any reason, including, but not limited to, situations where 28Watt, in its reasonable opinion, determines that the User has violated these terms, or may violate these Terms.

6. The Quotations and Acceptance

• Once you have provided us with your Preliminary Details, we will provide you with the Preliminary Quotation with respect to the pricing of the Product and the Installation Services.
  
  
• Once you accept the Preliminary Quotation, we will request that you provide us and/or the Installer with additional Personal Information such as the Property Information and we will share your Personal Information with the Installer so it is able to provide you with the Installer’s Quotation. The Installer’s Quotation may contain the Installer Terms which includes but is not limited to specific terms and conductions such as the Installer’s Quotation is subject to the Installer inspecting the Property, or you signing the Installer Terms.
  
  
• To accept the Preliminary Quotation, you may be required to pay a refundable deposit (the Deposit). Once the Deposit has been paid (if required), the Investigation Stage will commence where you will be able to connect and contact the Installer directly and the Installer may require further information or to inspect the Property or you may request variations to the Installer Services prior to the Installer uploading the Installer’s Quotation and Installer Terms to the Platform for your signature.
  
  
• Upon completion of the Investigation Stage, the Installer will upload the Installer’s Quotation and Installer Terms to the Platform for your signature, and you will pay the final price specified in the Installer’s Quotation, less any Deposit paid (the Purchase Price), prior to the Installer commencing any of the Installer Services.
  
  
• Delivery of the Installer Services

After your payment of the Purchase Price, the Installer will arrange with you a day and time for the delivery of the Product and for the performance of the Installer Services. It is your responsibility to ensure that access is granted to the Property on this occasion, otherwise additional fees may apply and be charged by the Installer.

7. Payments

• When you make a payment via the Platform (the “Payment” or “the Funds”), such as the Deposit or Purchase Price, the Platform will issue you with a receipt confirming the Funds have been receipted by the Platform, and the Funds will be held on trust by 28Watt for you. You irrevocably instruct, direct and authorise 28Watt to transact upon the Funds in accordance with the terms and conditions set out in these Terms.
  
  
• By making the Payment, you are taken to have accepted the Installer’s Quotation and the Installer Terms where you have paid the Purchase Price.
  
  
• When the Installation Services have reached practical completion, the Installer will press ‘mark job as complete’.
  
  
• Once the Installer has pressed ‘mark job as complete’, the Platform will automatically generate a recipient created tax invoice (RCTI) for and on behalf of the Installer and issue the RCTI to you. The Platform will also automatically generate a tax invoice to the Installer from 28Watt where the Installer is required to pay 28Watt for its services to the Installer.
  
  
• You will be notified that the Installer has pressed ‘mark job as complete’, and you will be asked to press ‘complete’ within the Platform within 5 business days from request. When you press ‘complete’, the Platform will automatically release the Funds to the Installer, less any payment the Installer owes to 28Watt.
  
  
• If you do not mark the job as complete within 5 business days, but the Product has been delivered and/or the Installation Services has been completed, the Installer can request for the Funds to be released to it, less any fees owing to 28Watt. If you do not consent to the release of the Funds to the Installer, then you must immediately notify in writing prior to the expiry of the 5 business days, otherwise, the Funds will be released to the Installer.
  
  
• If you notify us in writing within the 5 business day-period, then the dispute resolution provisions in these Terms apply.
  
  
• The Installers consent to 28Watt to act as an agent pursuant to Subdivision 153-B of A New Tax System (Goods and Services Tax) Act 1999 (GST Act) for the sole purpose of any GST consequences in relation to Installer Services and any other services contained in these Terms (Agency Supplies).
  
  
• The concept of agency only applies for the purposes the GST Act and does not infer any type of agency or agent relationship between the parties. For the avoidance of doubt, this means that 28Watt will be treated as making Agency Supplies to You and the Installer will be treated as making corresponding supplies to 28Watt. 28Watt will issue to you RCTIs and adjustment notes relating to Agency Supplies and the Installers will not issue to you any tax invoices and adjustment notes relating to those Agency Supplies.

 

8. Product, Service and Manufacturer Warranties

• When you purchase a Product and engaged the Installer to perform the Installer Services, all Products (Product Warranty) and Installer Services (Service Warranty) come with a warranty, as set out in the Installer’s Quotation and/or the Installer Terms. If it your responsibility to ensure that the Product and Installer Services comes with industry standard warranties. If you are uncertain whether the warranties specified in the Installer’s Quotation or Installer Terms are within industry standard, or if there are no warranties provided, you should contact us before accepting the Installer’s Quotation and/or Installer Terms.
  
  
• The Products should also come with a manufacturer’s warranty (the Manufacturer Warranty). It is your responsibility to ensure that the Installer provides you with the warranty documentation regarding the Manufacturer Warranty at the time of the Product being delivered at the Property.
  
  
• The Products supplied by the Installer and the Installer Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Product, you are entitled to a repair of the Product, plus the free supply of replacement parts in accordance with the Product Warranty. You are also entitled to a full replacement of the Product if the Product has major defects.
  
  
• Except for the Product Warranty and Service Warranty provided by the Installer under these Terms, or under the Installer Terms and the Manufacturer’s Warranty, and any other warranties or guarantees imposed by law which cannot be excluded, the Installer gives no other warranties in relation to the Product and all implied conditions and warranties are hereby excluded.
  
  
• To the maximum extent permitted by law, 28Watt is not liable to you at all with respect to the supply of the Product or the Installer Services, as 28Watt is only a facilitator making an introduction to the Installers. If however 28Watt is unable to exclude its liability under these Terms or by the applicable law, then 28Watt’s liability is limited to, at 28Watt’s absolute discretion, is limited to the replacement of the Product, repair of the Product or refund of the price paid to the Installer for the purchase of the Product. With respect to the Installer Services, 28Watt’s liability is limited to, at 28Watt’s absolute discretion, the rectification of the Installer Services or refund of the price paid to the Installer for the performance of the Installer Services.
  
  
• To the maximum extent permitted by law, 28Watt and the Installer are not liable for loss of use, loss of opportunity, loss of revenue, loss of customers, loss of capital, loss arising from delay, increased financing costs, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of anticipated savings or benefits, or any indirect, special or consequential loss or damage suffered or incurred by you in connection with the supply of the Product and Installer Services under these Terms.
  
  
• To make a claim under the Product Warranty or Service Warranty, you must send an email to the Installer using the contact information provided to you by 28Watt, or the Installer, from time to time. If at any time the Installer is unresponsive or you required additional assistance from 28Watt regarding your claim against the Installer, kindly contact 28Watt at hello@28watt.com.au and we will use reasonable endeavours to communicate with the Installer to escalate your claim.
  
  

9. Satisfaction Guarantee

• Although 28Watt is not the Installer, we take great pride in offering exceptional services to our customers, including you. If at any time after the acceptance of the Installer’s Quotation, and prior to the completion of the Installation Services, you are not 100% satisfied with the Installer, then you must contact us as soon as possible.
  
  
• To make a complaint, you are required to send an email to hello@28watt.com.au (the Notice of Dispute), outlining
  • Your name;
  • The Property address;
  • The name of the person or organisation you are raising the Notice of Dispute about;
  • A brief description of the nature of the dispute;
  • A photograph or video (if applicable) that have given rise to the dispute; and
  • Your preferred method to resolve the matter amicably.
    
    
• Once we have received the Notice of Dispute, we will endeavour to respond to you within 10 business days (the Response). During this period of time, we will:
  • Provide a copy of the Notice of Dispute to the Installer (as applicable);
  • Discuss the dispute with the Installer to ascertain whether they agree to resolve the dispute in accordance with your preferred method, or alternatively, in an alternative method; and
  • If from our perspective, the Installer are in breach of the terms and conditions with respect to the sale of the Product or performance of the Installation Services, then we will, at our absolute discretion, exercise our rights under our agreements with the Installers to:
    a. cancel the Product (if it has not already been ordered or delivered to the Property) and arrange for a new Installer to provide you with the Product for the same price set out in the Installer’s Quotation; and/or
    b. step-in regarding the Installation Services, remove the Installer from performing any further Installation Services, and arrange for a replacement Installer to complete the Installation Services; and/or
    c. terminate the Installer’s relationship with 28Watt and remove them from the Platform.
    
    
• Whilst we endeavour to ensure that you are 100% satisfied with the Response, if you are not 100% satisfied with the Response, then we will continue to negotiate an amicable and reasonable resolution with you so long as the outcome is in accordance with these Terms.
  
  

10. Copyright and Intellectual Property

• The Platform and the Services are subject to copyright under the laws of Australia and by international treaties. Unless otherwise indicated, all rights in the content and compilation of the Platform and Services (including but not limited to text, graphics, logos, button icons, video images, audio clips, Platform, code, scripts, lists, design elements, interactive features) (the Content) are owned or controlled for these purposes and are reserved by 28Watt or its contributors.
  
  
• 28Watt retains all rights, title and interest in and to the Services and Platform and all related content.  Nothing you do on or in relation to the Services and Platform will transfer any:
  • business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
  • a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
  • a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), or any other intellectual property whatsoever to you.
    
    
• When you purchase a Product from the Installer, that Product will be connected to a data logger that provides ongoing monitoring and controls to the Product (the Data Logging). The Data Logging will record, track and share data that is obtained from the Product such as the performance of the Product, the efficiency of the Product, the life expectancy of the Product, the energy savings, the energy output and other relevant information with respect to the Product (the Product Data). You irrevocable grant the Installer and 28Watt access to the Data Logging and Product Data during the life of the Product. You must not interfere with, disrupt or otherwise block, remove or cancel the Installer and 28Watt access to the Data Logging and Product Data. This clause contains covenants that flow with the Property and this clause shall be binding you and your successors in title to the Property. You agree that the Installer or us may register this covenant on the title to the Property so that this clause is enforceable on you and your successors in title.
  
  
• Notwithstanding the Data Logging and Product Data, you retain all Intellectual Property Rights, except as stated herein, in any information, data, document, photographs or Personal Information recorded by the Data Logging or uploaded by you to the Platform (the Your Content). The User grants to 28Watt a perpetual, irrevocable, non-exclusive, transferable, royalty-free licence to a User’s Your Content. 28Watt will own any results, methodologies, data or meta data, including any analyses, index results, or reports, which is either contained within, gleaned through, derived from, captured by, or generated by your use of the Services or the Your Content (Derivative Materials).

11. Security of Your Content

• 28Watt uses industry standard security measures to protect Your Content. 28Watt has established, maintains and continues to improve its safeguard and security measures, to ensure that Your Content is protected against misuse, interference, loss, viruses, unauthorised access and disclosure (Security Incident). If there is a Security Incident, 28Watt will notify you and will provide you with information regarding the Security Incident.
  
  

12. Privacy

• 28Watt takes your privacy seriously and any information provided through your use of the Platform which is available at www.28watt.com.au/privacy-policy/. You agree to be bound by the Privacy Policy.
  
  
• As Your Content will contain personal information, we will comply with the privacy laws in place that are applicable to the Platform in Australia and will only use the personal information in accordance with these Terms and the Privacy Policy.
  
  

13. General Disclaimer

• Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
  
  
• Subject to this clause, and to the extent permitted by law:
  • all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
  • 28Watt will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
    
    
• Unless otherwise stated in these Terms, you acknowledge and agree that 28Watt:
  • does not make any terms, guarantees, warranties, representations, or conditions whatsoever regarding the Services other than provided for pursuant to these Terms;
  • does not provide any guarantees as to the quality of the Services; and
  • takes no responsibility and makes no warranties, express or implied, in relation to the suitability of any services or products provided by a Installer.
    
    
• You acknowledge and agree that 28Watt only makes available the Platform and the Services. We are not party to any agreement entered into between a User and the Installers.
  
  
• Use of the Platform, the Services is at your own risk. The Platform and the Services are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, contractors, employees, agents, contributors, third party content providers or licensors of 28Watt make any express or implied representation or warranty about any services or products (including the Services of 28Watt) referred to on the Platform. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
  • failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
  • the accuracy, suitability or currency of any information on the Platform and the Services (including third party material and advertisements on the Platform);
  • costs incurred as a result of you using the Platform or the Services;
  • the Content or operation in respect to links which are provided for the User’s convenience;
  • any failure to complete a transaction, or any loss arising from e-commerce transacted on the Platform; or
  • any Product or Installer Services.
    
    

14. Limitation of liability

• 28Watt’ total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent payment made by you under these Terms or where you have not made a payment, then the total liability of 28Watt is the resupply of Services to you.
  
  
• You acknowledge and agree that 28Watt, its affiliates, employees, contractors, agents, contributors, third party content providers and licensors (the Personnel), and the Installers and their Personnel, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, or consequential loss, loss of profits, goodwill, or business reputation and any other intangible loss which may be incurred by you, however caused, including but not limited to, your reliance on any information provided to you under any theory of liability, unless such limitation cannot be excluded by any applicable law, in which case, the liability is limited to the maximum extent permitted by law.

15. Indemnity

• You agree to indemnify and keep indemnified 28Watt, its affiliates, employees, contractors, agents, contributors, third party content providers and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your use of the Platform and/or Services, including but not limited to:
  • any misuse of the Platform or the Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
  • your breach of the Terms;
  • any claim brought against 28Watt arising out of the Installers supply of the Installer Services; and
  • any activity which you engage in on the Platform or Services or through 28Watt.
    
    
• This indemnity will survive termination of the Terms.
  
  

16. Termination of Services

• The Terms will continue to apply until terminated by either you or by 28Watt as set out below.
  
  
• If you want to terminate the Terms, you may do so by providing 28Watt with a written notice at any time of your intention to terminate to 28Watt at hello@28watt.com.au.
  
  
• Your elected termination will be effective upon receipt of the notice of your intention to terminate by 28Watt.
  
  
• 28Watt may at any time, terminate the Terms with you if:
  • you have breached any provision of the Terms or intend to breach any provision;
  • 28Watt is required to do so by law;
  • the partner (including a Installer), if any, with whom 28Watt offered the Services to you has terminated its relationship with 28Watt or ceased to offer its services to you;
  • 28Watt is transitioning to no longer providing the Services to users in the country or state in which you are resident or from which you use the Services;
  • the provision of the Services to you by 28Watt is, in the opinion of 28Watt, no longer commercially viable;
  • 28Watt gives you written notice that these Terms are terminated for convenience, such termination to be effective immediately upon notice thereof, notice can be given by digital means (including email);
  • if you have used the Services:
    a. in breach of any law;
    b. in a way that is misleading or deceptive;
    c. in a way which is unreasonable as determined by 28Watt at its absolute discretion; or
    d. in a manner which can or does bring 28Watt into disrepute or could damage 28Watt’s reputation as determined by 28Watt in its absolute discretion.
    
    
• Subject to local applicable laws, 28Watt reserves the right to discontinue or cancel your access to the Services at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Platform or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct damages 28Watt’s name or reputation or violates the rights of those of another party.
  
  
• When the Terms terminate, all of the legal rights, obligations and liabilities that you and 28Watt have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely (including but not limited to the copyright, intellectual property, limitation of liability, indemnity and general disclaimer provisions), shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
  
  

17. Dispute Resolution

• Mediation
  • If a dispute arises out of or relates to the terms of this Agreement, neither party may commence any legal proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
  • A party to this Agreement claiming a dispute (the Dispute) has arisen under the terms of this Agreement, must give written notice to the other party detailing the nature of the Dispute, the desired outcome and the action required to settle the Dispute (the Notice).
  • On receipt of the Notice by the other party, the parties to the Dispute (the Dispute Parties) must within seven days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree.
  • If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved the Dispute Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Australian Dispute Centre (as superseded) and attend a mediation.
  • It is agreed that mediation will be held in Sydney, New South Wales, Australia, and may be held by audio, video or other acceptable telecommunication means acceptable to the mediator.
  • The Dispute Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing, undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Dispute Parties must each pay their own costs associated with the mediation.
  • If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.
  • In the event that the Dispute is not resolved at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute thereafter.
    
    
• All communications concerning negotiations made by the Dispute Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as without prejudice negotiations for the purpose of applicable laws of evidence.
  
  

18. Governing Law and Jurisdiction

These Terms are governed by and are to be constructed in accordance with the laws of the State of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts situated in New South Wales, Australia in respect of all matters arising out of or relating to this Agreement and the Services and their performance.

19. Venue and Jurisdiction

The Services offered by 28Watt are intended to be viewed by residents of Australia and New Zealand. In the event of any dispute arising out of or in relation to the Platform, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

20. GST

Unless otherwise stated, all amounts, including out of pocket expenses, expressed and described on or in connection with these Terms, are listed in Australian Dollars (AUD) or New Zealand Dollars (NZD) and are GST inclusive. GST is only applicable to subscribers situated in Australia or New Zealand. For the avoidance of doubt, GST payable for any Services provided under these Terms are payable in accordance with the GST legislation of the country in which you are receiving the Services.

21. Third Party Benefits

Some of the provisions of these Terms are intended to benefit third parties, including but not limited to our Personnel and the Installers and their Personnel. A User agrees that those terms operate as a deed poll in favour of those third parties, and each of those third parties have the benefit of, and is entitled to enforce, those terms even though they are not a party to these Terms. These Terms contain third party benefits that are enforceable by each of those third parties and also constitutes an intention to create a trust of a contractual promise to benefit each of the third parties and can be relied upon and carried into effect by them.

22. Independent Legal Advice

The parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

23. Entire Agreement

These Terms and any terms referenced or linked herein constitute the entire agreement between the parties concerning the subject matter of the agreement and supersede all previous communications, representations, inducements, undertakings, agreements or arrangements between the parties.

24. Severance

If any part of the Terms is found to be void or unenforceable, that part shall be severed and the rest of the Terms shall remain in force.

25. Waiver

• A waiver of any right, power or remedy under this Agreement must be in writing and signed by the party granting it.
  
  
• A waiver is only effective in relation to the particular obligation or breach in respect of which it is given. It is not to be taken as an implied waiver of any other obligation or breach or as an implied waiver of that obligation or breach in relation to any other occasion.
  
  
• The fact that a party fails to do, or delays in doing, something the party is entitled to do under this Agreement does not amount to a waiver.
  
  

26. Assignment

• 28Watt may assign or transfer its rights or obligations under the Terms without your consent.
  
  
• You may not assign or transfer your rights or obligations under the Terms without prior written consent of 28Watt. A purported assignment without written consent will be deemed to be void and convey no rights.
  
  

26. Contact

If you wish to notify us about anything relating to these Terms, please contact us hello@28watt.com.au.