Terms & Conditions

1. OVERVIEW

1.1. These Terms govern your relationship with Energy Saver Plus Pty Ltd (ACN 641 305 222) trading as Rebate Hub (an ‘accredited person’ under the Act) (we, us, our) that apply when you access or use in any way our online services via our Site and via our Applications, collectively referred as our “Platform”.

1.2. By clicking “I Agree” to these Terms, installing an Application, setting up an Account, or by accessing and using the Platform you expressly agree to, and consent to be bound by these Terms on behalf of yourself or the entity you represent. You represent and warrant that you have the right, authority, and capacity to accept and agree to these Terms on behalf of yourself or the entity you represent.

1.3. If you do not agree to all these Terms, you should not use the Platform. We may update these Terms at any time. If we do, we will notify you and your continued use of the Platform will indicate your acceptance of the revised Terms.

2. TERM AND TERMINATION

2.1. These Terms remain in effect as long as you continue to use the Platform or provide the Services, or until terminated in accordance with the provisions of these Terms.

2.2. You may stop using the Platform at any time.

2.3. We may suspend or terminate your use of the Platform if you:

2.3.1. are not complying with these Terms; or

2.3.2. use the Platform in any way that would cause us legal liability or disrupt others’ use of the Platform.

2.4. We may also change or remove at any time any features currently offered as part of the Platform, or the Platform itself, by giving reasonable notice of any changes and allow you the opportunity to stop using the Platform. Upon termination, your Account and right to use the Platform will automatically terminate.

2.5. Termination will not operate to terminate clause 15 (Indemnification) and clause 17 (Guarantee and Indemnity) which remain in full force and effect and binding notwithstanding termination.

3. PLATFORM AND GRANT OF ACCESS

3.1. Subject to these Terms, we grant you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Platform:

3.1.1. for the purpose of:

3.1.1.1. utilising the Calculator;

3.1.1.2. receiving Client leads;

3.1.1.3. contacting and on-boarding Clients;

3.1.1.4. providing quotes to Clients for the provision of the Services;

3.1.1.5. communicating with us;

3.1.1.6. submitting evidence of the Services performed;

3.1.1.7. receiving VEEC Rebates for performing the Services;

3.1.1.8. analysing data in relation to Services you have performed; and

3.1.1.9. otherwise accessing a service explicitly provided by us through the Platform for your use,
(Permitted Purpose);

3.1.2. by installing and using our Applications on your own personal or business device solely for the Permitted Purpose.

3.2. We operate the Site, which we provide for your personal use only via standard web and mobile internet browsers. Access to the Site may be suspended, restricted or terminated at any time.

3.3. You must not, and not allow others to use or permit anyone else to access the Platform:

3.3.1. to upload, send or receive any defamatory, unlawful, abusive or pornographic material or material that infringes the rights of third parties;

3.3.2. to upload, send or receive any material which is technically harmful, limits the functionality of software or hardware or intended to intercept communications;

3.3.3. for any purpose that is unlawful or fraudulent, involves resale of the Platform, attempts to access unauthorised data or configurations or interferes with the functionality of the Platform;

3.3.4. to send unsolicited mail messages, with any robot, spider or similar manual or automatic tool or process for any reason without our written consent use the Platform; or

3.3.5. in breach of these Terms.

3.4. We do not warrant that the Platform will be available at all times or are free from viruses.

3.5. Where the Platform (including the Site) contains links to third party sites, we have no control over, do not accept, and we assume no responsibility for the content or products of such third-party sites.

3.6. We may temporarily suspend your access to the Platform, or a specific Application without notice for security reasons, system failure, maintenance and repair, or other similar circumstances. To the fullest extent permitted by Law you agree that you will not be entitled to any refund or rebate for such suspensions.

4. ACCOUNTS

4.1. Creating an Account with us allows you to use the Platform. You must be at least 18 years old to create an Account. We reserve the right to decline registration or to cancel an Account at any time.

4.2. We may require you to provide security pursuant to clause 18 as a condition of opening an Account.

4.3. You must keep any Account password confidential and are entirely responsible if you do not maintain such confidentiality. You must immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or any breach of security known to you. You agree that we are not responsible or liable in the event that a person to whom your password is disclosed uses the Platform.

4.4. We may allow multiple persons to access an Account, each of whom will also be bound by these Terms.

4.5. You warrant that all information you provide in your Account is accurate and up to date and you will promptly inform us of any changes.

4.6. We may without notice suspend or close your Account if you (or someone accessing your Account) is in breach of these Terms or we reasonably suspect such a breach has occurred or will occur.

5. UPDATES

5.1. From time to time, we may undertake Upgrades to the Platform.

5.2. Updates may be automatically installed without providing any additional notice or receiving any additional consent. We may ask you to install Updates yourself, and you agree to promptly install any Updates provided by us.

5.3. Updates are subject to these Terms together with any additional terms that may be provided with such Update. Your continued use of the Platform following such Update is your agreement to all such additional terms.

6. YOUR SERVICES

6.1. You are solely responsible for performance of the Services.

6.2. In performing the Services, you undertake that you, and ensure your Personnel, will:

6.2.1. hold, and continue to hold any required licencing, industry association registration and comply with any other industry association obligation;

6.2.2. provide the Services to that standard of skill, care and diligence to be expected of a professional contractor and possess the knowledge, skill and experience of a contractor qualified to act in that capacity;

6.2.3. comply with all VEU Program pre-installation requirements in relation to the Services;

6.2.4. comply with all Laws relevant to the Services, including:

6.2.4.1. all relevant building, plumbing and electrical Laws,

6.2.4.2. all regulations, directives and instructions associated with the VEU Program;

6.2.4.3. the Act; the Victorian Energy Efficiency Target Amendment (Code of Conduct) Regulations 2022 and the Victorian Energy Efficiency Target Regulations 2018;

6.2.4.4. the VEU Specifications; and

6.2.4.5. the ACL, the Spam Act 2003 (Cth) and the Telecommunications (Telemarketing and Research Calls) Industry Standard 2017 which address activities relating to telemarketing and door to door sales.

6.3. Access to the Platform does not:

6.3.1. confer any right of exclusivity on you in respect of the Services; or

6.3.2. provide any guarantee of Clients or Rebates.

6.4. In the course of providing the Services, you must effect and maintain the following insurances:

6.4.1. public liability insurance for the amount of $20 million in respect of any one claim and in the aggregate;

6.4.2. workers compensation insurance as required by Law; and

6.4.3. professional indemnity insurance (if appropriate for the Services being undertaken) to a value sufficient to cover any loss or costs that may be incurred.

6.5. On request, you must provide us with evidence of the currency of any insurance required under these Terms.

7. SEPARATE AGREEMENT WITH CLIENTS

7.1. To avoid doubt, arrangements relating to the Services are an agreement between you and a Client and we assume no responsibility and make no representations or warranties in respect of your contracts, agreements or arrangements with Clients.

7.2. In performing the Services for a Client, you must:

7.2.1. provides Clients with all required documentation relating to the VEU Program;

7.2.2. obtain confirmation in writing from Clients (in a form required by us or the ESC) that:

7.2.2.1. they have been informed of pre-installation sizing requirements; and

7.2.2.2. the completed Services are fit for purpose and have been performed in accordance with the Client’s contract or agreement with you;

7.2.3. on completion of the Services, ensure you and the Client sign an Assignment Form.

8. VEEC REBATES

8.1. Subject to clause 8.2 and these Terms, when you complete Services for a Client, we will use reasonable endeavours to:

8.1.1. register a VEEC; and

8.1.2. pay you the corresponding VEEC Rebate.

8.2. Payment of a VEEC Rebate is conditional upon:

8.2.1. you performing the Services for a Client in accordance with these Terms;

8.2.2. us receiving a duly executed Assignment Form on completion of the Services;

8.2.3. us, at our discretion, undertaking an audit of the Services;

8.2.4. you providing satisfactory evidence requested by us via the Platform that the Services have been performed;

8.2.5. you providing confirmation in writing from a Client (in a form required by us or the ESC) that:

8.2.5.1. they have been informed of pre-installation sizing requirements; and

8.2.5.2. the Services are fit for their purpose and have been performed in accordance with the Client’s contract or agreement with you;

8.2.6. the completion of our compliance checks and review of evidence provided via the Platform in accordance with clause 8.2.3 that the Services have been performed;

8.2.7. the ESC being satisfied with the information and evidence provided in respect of the Services;

8.2.8. the ESC invoicing us for corresponding VEEC creation fees;

8.2.9. the registration of a corresponding VEEC; and

8.2.10. us issuing a RCTI in respect of the VEEC Rebate amount in accordance with clause 9;

8.3. You acknowledge and agree that the prices of VEEC Rebates may be adjusted or fluctuate from time to time.

9. RECIPIENT CREATED TAX INVOICES

9.1. Each party acknowledges and agrees that:

9.1.1. we may issue RCTIs in respect of the supplies under clause 8;

9.1.2. you will not issue tax invoices in respect of supplies under clause 8;

9.1.3. it is registered for GST; and

9.1.4. it will notify the other party if it ceases to be registered for GST.

9.2. Any RCTIs issued by us will contain an agreement with you (embedded in the RCTI) which complies with prescribed statement required under A New Tax System (Goods and Services Tax) Act 1999 Classes of Recipient Created Tax Invoice Determination (No. 1) 2000.

10. PLATFORM REQUIREMENTS

10.1. Our Services are designed to work with:

10.1.1. a working cellular data and/or Wi-Fi network connection that is positioned or has sufficient coverage to communicate reliably with the Platform and is connected to an always-on broadband internet connection;

10.1.2. a supported mobile phone electronic device, with our Application installed and with a working cellular data connection (which is your responsibility); and

10.1.3. a valid Account.

10.2. You acknowledge that the Platform may not work as described when these requirements have not been met.

10.3. We do not guarantee the Platform will be available 100% of the time.

10.4. You are responsible for obtaining access to the Platform, and for any and all costs and expenses in connection with accessing and using the Platform, including internet service provider fees, telecommunication fees, and the cost of any and all equipment (including hardware and software) used in connection with your access and use of the Platform as permitted under these Terms.

10.5. You acknowledge that we will have no obligation to assist you in using or accessing the Platform except as expressly provided in these Terms.

11. CALCULATOR

11.1. You acknowledge and agrees that the Calculator only provides an estimate or indication of VEEC Rebates available in relation to the Services.

11.2. We do not guarantee the accuracy, completeness or suitability of the Calculator.

12. LINKS TO OTHER SERVICES

12.1. The Platform may be used in connection with other products and services, and may contain links and interfaces to, as well as content and data from Other Services.

12.2. Any links and interfaces are provided solely as a convenience to you.

12.3. By accessing or using Other Services, you are consenting to the creation of an interface with such Other Services, and agreeing that we may exchange information and control data with such Other Services regarding you, your Services and use of the Platform, including your personal information, in order to enable the Other Service interface and functionality, and its use by such Other Services.

12.4. Once this information is shared with the Other Services, its use will be governed by the third party’s privacy policy and not by our Privacy Policy. Use of Other Services is governed by separate terms and conditions provided by the providers of the applicable product or service. You acknowledge and agree that we make no representation or warranty about the safety of any Other Services.

12.5. Certain independent, third party code may be included in the Service that are subject to Open Source Software. The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software, and you are responsible for compliance with these Terms and any applicable Open Source Software terms on our Site.

13. DATA AND PRIVACY

13.1. When you register for an Account and in providing the Platform, we may collect, process or disclose:

13.1.1. Personal Information;

13.1.2. data generated by your software, hardware and computer systems, including configuration, performance, usage, consumption data, hardware identification, operating system, application, software, peripheral hardware, internet protocol address; and

13.1.3. data, files or other information stored in your systems.

13.2. Any Personal Information we collect will be collected used and disclosed in accordance with our Privacy Policy.

14. INTELLECTUAL PROPERTY

14.1. All Intellectual Property Rights in the Site, the Applications, and the Platform, including any database operated by us, text, graphics, software, photos, video, music, sound, data, all software compilations, underlying source code (including applets and scripts) is our property (or that of our licensors). You shall not, and shall not attempt to, obtain any ownership or title to any such property. All rights are reserved.

14.2. Other than for the purposes of accessing the Site in accordance with these Terms, none of the material listed above, in whole or in part, may be reproduced, distributed, copied, modified, distributed, published, downloaded, displayed, posted, performed or transmitted in any form or by any means, sold, rented, re-sold, licensed or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission.

14.3. If you communicate with us, you grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Site and developing your ideas and suggestions for improved goods or services we provide and the Platform.

14.4. No licences or rights are granted to you by implication or otherwise, except for the licences and rights expressly granted to you.

15. INDEMNIFICATION

15.1. You agree to indemnify, and hold us, our Personnel and licensors, harmless from and against any Losses arising directly or indirectly out of or in connection with:

15.1.1. your performance of the Services, including any Client or other third party Losses;

15.1.2. your use of the Platform, including the Site and Applications, including without limitation your negligence and wilful misconduct;

15.1.3. your violation of any Law or third party right in connection with the Services;

15.1.4. your violation of these Terms; and

15.1.5. a surrender of any VEECs (created pursuant to the Services) to the ESC or removal of any VEECs (created pursuant to the Services) from the register for any reason other than our negligence.

15.2. In the event that there is a surrender of any VEECs (created pursuant to the Services) to the ESC or removal of any VEECs (created pursuant to the Services) from the register for any reason other than our negligence, you agree to:

15.2.1. pay us on demand the value of the removed or surrendered VEEC at the time of removal or surrender; or

15.2.2. transfer or assign an equivalent number of VEECs to our registry account.

16. LIABILITIES

16.1. Where the ACL applies, and the services we provide via the Platform are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability under the ACL is limited, at our option (and provided it is fair and reasonable to do so), to one or more of the following:

16.1.1. re-supplying the services again; or

16.1.2. reimbursing you the cost of having someone else supply services

16.2. Other than as specifically accepted in clause 16.1 above, we are not liable for any other Losses you may suffer, including any:

16.2.1. Losses relating to performance of the Services or your contracts, agreements or arrangements with Clients;

16.2.2. Losses due to your failure to use or apply an applicable Update to the Platform;

16.2.3. Loss where the Platform has been modified (except by us) or has not been installed, used or maintained in accordance with these Terms;

16.2.4. Loss caused by you or to the extent it results from your failure to take reasonable steps to avoid or minimise that Loss;

16.2.5. Loss caused by event falling outside our reasonable control;

16.2.6. indirect or consequential Losses (including loss of revenue, profits, enjoyment or loss of business); or

16.2.7. Losses you might suffer as a result of any harmful code or viruses, the quality of data or unauthorised access to information we hold.

16.3. Except as expressly stated in these Terms, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are excluded to the fullest extent permitted by Law.

16.4. Nothing in these Terms shall attempt to exclude liability that cannot be excluded under applicable Law.

17. GUARANTEE AND INDEMNITY

17.1. You acknowledge and agree that the Guarantors have agreed in writing:

17.1.1. to comply with this clause 17, clause 18 and these Terms.

17.1.2. to enter this agreement with you in consideration of this guarantee and indemnity.

17.2. The Guarantors:

17.2.1. unconditionally guarantee the due and punctual performance and observance all of your obligations, liabilities, payment obligations and agreements under these Terms (Obligations);

17.2.2. must pay on demand any amount which we are entitled to recover from you under these Terms;

17.2.3. indemnify us against all Losses resulting from you agreeing to these Terms whether from your failure to perform or observe the Obligations under these Terms, non-payment of any moneys secured by reason of your default, or from these Terms becoming unenforceable against you;

17.2.4. will pay us on demand the amount of Losses, damages, costs and expenses which we may incur, suffer or sustain as a result of your default or failure, whenever and as often as the default or failure occurs;

17.2.5. acknowledge and agrees that:

17.2.5.1. if the Guarantors are more than one person the Obligations under this guarantee and indemnity will bind them jointly an each of them severally;

17.2.5.2. they have received a copy of these Terms (including this guarantee and indemnity) and have had the opportunity to seek independent legal, financial and other relevant advice in relation to the contents of these Terms (including this guarantee and indemnity);

17.2.5.3. this guarantee and indemnity is not subordinate to any other right or obligation and may be enforced by us without exhausting or exercising any right or remedy against you or enforcing any security held by us (if any);

17.2.5.4. that if any amount of money is or may not be recoverable from you or under this guarantee for any reason, the amount constitutes a separate and additional liability against the Guarantors as a principal debtor when demanded;

17.2.5.5. that the Obligations of the Guarantors (as guarantor, indemnifier or otherwise) and our rights will not be affected by anything which might abrogate, prejudice or limit them or the effectiveness of this clause;

17.2.5.6. this guarantee and indemnity will continue to be effective or will be reinstated (as applicable) if at any time the whole or part of any payment or the whole or part of any satisfaction of the Obligations are voided, avoided or recouped under any bankruptcy or insolvency law; and

17.2.5.7. they will not prove in the bankruptcy or winding up of you in competition with us for any debt or liability owing or payable or to become owing or payable by you to the Guarantors (or any one or more persons constituting the Guarantors) either under or in connection with these Terms or otherwise.

18. PERSONAL PROPERTY SECURITIES ACT

18.1. You and the Guarantors grant us a Security Interest in all your present and after-acquired property to secure the payment of all amounts owed to us and the compliance by you or the Guarantors of obligations under these Terms.

18.2. We may register that Security Interest on the Register and you and the Guarantors agree to do all things necessary and execute any document requested by us to ensure the Security Interest can effectively be registered on the Register.

18.3. To the extent the law permits:

18.3.1. for the purposes of sections 115(1) and 115(7) of the PPSA:

18.3.1.1. we need not comply with sections 95, 118, 121(4), 125, 130, 132(3)(d) or 132(4); and

18.3.1.2. sections 142 and 143 are excluded;

18.3.2. for the purposes of section 115(7) of the PPSA, we need not comply with sections 132 and 137(3);

18.3.3. you and the Guarantors agree not to exercise your rights to make any request of us under section 275 of the PPSA, to authorise the disclosure of any information under that section or to waive any duty of confidence that would otherwise permit non‐disclosure under that section.

18.4. Upon our request, you or the Guarantors will reimburse us for any costs incurred by us in registering, preserving and or enforcing our rights under the PPSA.

19. WARRANTIES

19.1. If you are a consumer under the ACL, the Platform comes with guarantees that cannot be excluded under the ACL and you are entitled to:your choice of a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage;

19.1.2. our choice of having the services provided via the Platform refixed, repaired, replaced or refunded if failure does not amount to a major failure. We will do this within a reasonable time.

19.2. To the extent permitted by Law, we exclude all other guarantees, warranties, undertakings and representations expressed or implied, whether arising by statute or otherwise, which are not given in these Terms

20. GST

20.1. In this clause “tax invoice” and “taxable supply” have the meaning given to them in the GST Act and “GST” means the goods and services tax payable under that Act.

20.2. To the extent that a party makes a taxable supply in connection with the agreement to the other party to the agreement then, except where express provision is made to the contrary, the amount payable by the recipient of that supply is a GST exclusive amount and the Contractor of that taxable supply will pay to the supplier of it the GST payable in respect of that supply in addition to the other consideration payable.

20.3. A party’s right to payment of the GST under clause 20.2 is subject to a valid tax invoice being delivered to the party liable to pay for the taxable supply or an RCTI being issued in accordance with clause 9.

21. CONFIDENTIALITY
All information supplied by a party to the other party will be treated as confidential except to the extent that it becomes public knowledge (otherwise than through a breach of confidentiality) and must not be disclosed to a third party without the prior written consent of the party who originally supplied the information, or as required by Law.

22. DISPUTES

22.1. If a dispute arises under these Terms, the party claiming that a dispute has arisen must give notice to the other party specifying the nature of the dispute and the parties will attempt to negotiate a resolution in good faith.

22.2. If a dispute persists for more than 14 days, either party can refer the dispute to mediation before a mediator to be appointed by the Australian Commercial Disputes Centre. The costs of mediation will be shared by the parties equally.

22.3. Save for seeking urgent interlocutory or injunctive relief, neither party may issue court proceedings in relation to a dispute until resolution by mediation has been attempted.

23. ASSIGNMENT
Neither party may assign, novate or otherwise transfer any of its rights or obligations arising out of or under these Terms to another person without the other party’s prior written approval (which will not be unreasonably withheld).

24. SEVERABILITY
If any portion of these Terms are deemed by a Court of competent jurisdiction to be invalid, then the remainder of these Terms shall remain in full force and effect and the offending provision or provisions severed.

25. UNFAIR TERMS TO BE READ DOWN

25.1. If any Law making unfair contract terms void or unlawful could apply to a term in these Terms, the following rules apply to interpreting that term:

25.1.1. if the Law would make the term void or unlawful because the term permits us to exercise a right or discretion in a way that would cause detriment to you, the term shall be read down and construed to the extent as not to permit us to exercise the right or discretion in such a way; and

25.1.2. if the Law would make the term void or unlawful because it authorised us to recover costs or losses or damages to be calculated in a way we chose, the term shall be read down and construed as authorising us to recover the maximum reasonable costs, losses and damages to be calculated in a reasonable way that did not cause the term to be void or unlawful.

25.2. If, despite the application of this clause, the Law would make the term void or unlawful, the term is to be read down and construed as if it were varied, to the minimum extent necessary, so that the term is not void or unlawful. These reading down rules apply before any other reading down or severance provision in these terms and conditions.

26. ENITRE AGREEMENT
These Terms represent the entire agreement between the parties in relation to the Platform and the Services and supersede all prior discussion, negotiations, understandings and agreements in relation the Platform or the Services.

27. NOTICES

27.1. Legal notices must be served (in the case of us) to: info@rebatehub.com.au and (in the case of you), to the email address you provide to us during the Account registration process.

27.2. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.

28. FORCE MAJUERE

28.1. Neither party shall be liable for, nor shall either party be considered in breach of these Terms due to, any failure to perform its obligations (other than its payment obligations) as a result of a cause beyond its control, including but not limited to, government direction, pandemic, state of emergency, act of God or a public enemy, act of any military, civil or regulatory authority, change in any law or regulation, fire, flood, earthquake, storm or other like event, disruption or outage of communications (including an upstream server block and Internet or other networked environment disruption or outage), power or other utility, labour problem, or any other cause, which could not have been prevented with reasonable care.

28.2. The party experiencing a force majeure event, shall use commercially reasonable efforts to provide notice of such to the other party.

29. MISCELLANEOUS

29.1. We may amend these Terms at any time by posting such amendments online on the Site. You will be bound only to the version of the Terms you agreed to at the time you register an Account.

29.2. Nothing in these Terms shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability, debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

29.3. We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control.

29.4. No waiver by us of any default of yours under these Terms shall operate or be construed as a waiver by us of any future defaults.

29.5. Notices given to either party shall be in writing and shall be delivered by hand, electronic mail or in the case of you sending us a notice in accordance with clause 27.

29.6. These Terms are governed and interpreted by the Laws of Victoria.

29.7. In these Terms:

29.7.1. headings, bold type and square brackets are for convenience only and will not affect interpretation of this Agreement;

29.7.2. words in the singular include the plural and words in the plural include singular, according to the requirements of the context;

29.7.3. a reference to a legislation or other Law includes delegated legislation and consolidations, amendments, re-enactments or replacements of any of them;

29.7.4. a reference to any of the words “include”, “includes” and “including” is read as if followed by the words “without limitation”; and

29.7.5. terms used that are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the meaning given in that Act, unless the context otherwise requires.

30. DEFINITIONS
In these Terms, unless the context otherwise requires:

30.1. Account means an account created by you to use the Platform.

30.2. ACL means the Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).

30.3. Act means the Victorian Energy Efficiency Target Act 2007 (Vic).

30.4. Applications means our mobile or desktop applications.

30.5. Assignment Form means a document assigning the right to register a VEEC (associated with a Service) to us (in the form required by us or ESC from time to time).

30.6. Calculator means the calculator available on the Platform to calculate potential VEEC Rebates.

30.7. Clients means clients who receive the Services.

30.8. Content means text, data, graphics, images, video, audio, photographs, articles, and other materials.

30.9. ESC means the Essential Services Commission.

30.10. Guarantors means the person(s) agreeing to be guarantors on your behalf.

30.11. Intellectual Property Rights means all rights, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered.

30.12. Laws means any law or applicable standard, including common law, equity, stature, regulation, proclamation, ordinance, by-law, mandatory code of conduct, writ, judgement and any Australian Standard, award or other industrial instrument.

30.13. Losses includes all losses, costs, actions, claims, demands, expenses, judgements, court orders or other liabilities.

30.14. Obligations is described in clause 17.2.1.

30.15. Open Source Software means open source software or licenses.

30.16. Other Services means third-party websites, apps, products and services.

30.17. Permitted Purpose is described in clause 3.1.1.

30.18. Personal Information means information about an identified individual or an individual who is reasonably identifiable.

30.19. Personnel means a party’s employees, secondees, directors, officers, contractors, professional advisers and agents.

30.20. Platform is described in clause 1.1.

30.21. PPSA means the Personal Property Securities Act 2009 (Cth).

30.22. Privacy Policy means our privacy policy (as amended from time to time) available at https://rebatehub.com.au/privacy-policy/.

30.23. RCTI means a recipient-created tax invoice.

30.24. Register means the Personal Property Securities Register established under the PPSA.

30.25. Security Interest has the meaning prescribed in the PPSA.

30.26. Services means any services which are ‘activities’ for the purpose of the VEU Program (and therefore create VEECs), including all things necessary and necessarily incidental for the performance of the Services.

30.27. Site means our website at https://rebatehub.com.au/.

30.28. Terms means these terms and conditions.

30.29. Updates means development of bug fixes, patches, new functionality, updates, upgrades and other modifications to improve the performance of the Platform.

30.30. VEEC Rebate means an amount provided by us for the assignment of rights in connection with a VEEC on completion of the Services.

30.31. VEEC means a Victorian Energy Efficiency Certificate.

30.32. VEU Program means the Victorian Energy Upgrades Program.

30.33. VEU Specifications means the Victorian Energy Upgrades Specifications 2018.