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Terms and Conditions

  1. Background

    1. One Stop Warehouse Pty Ltd ACN 161 849 323 (OSW) is a distributor of sustainable energy products and a provider of related services.
    2. By registering for an online account with OSW through the Website (OSW Account), submitting an order for Products or Services, and/or otherwise accessing the Website, you confirm you have read, understood and agreed to the following terms and conditions (Terms), together with our Privacy Policy.
    3. You acknowledge and agree that these Terms form a binding legal agreement between you and OSW. If you are agreeing on behalf of a business entity, you represent to us that you have legal authority to bind that entity. If you do not accept these Terms, you must refrain from using the Website or purchasing any further Products or Services.
    4. You acknowledge and agree that OSW’s belief at the time of selling the Products is that you are purchasing the Products for the purpose of re-supply or for the purpose of using them up or transforming them in trade or commerce.
    5. If you are accessing or intending to access the GreenDeal Website or GreenDeal Platforms, or receive services from GreenDeal, you acknowledge and agree that access to the GreenDeal Website or GreenDeal Platforms, or receipt of services from GreenDeal, will be subject to the further terms as set out on the GreenDeal Website.

  2. Supply of Products

    This clause 2 shall apply where you are ordering Products from us whether through our Website, by phone, by email, or via any other means.

    Government Scheme Eligibility Disclaimer

    Certain Products may be eligible for certificate, incentive, rebate or similar programs under various government-administered schemes. However, OSW makes no representation, warranty, or assurance that any Product will qualify for any such program. It is solely your responsibility to determine and verify the eligibility of any Product for such programs, including any applicable expiry dates for such eligibility. OSW expressly disclaims any and all liability for any losses, claims, damages, or expenses arising from the ineligibility of any Product for any such program under any government scheme.

    1. Purchase orders

      1. By placing an order for Products on the Website, or otherwise submitting an order to OSW (Purchase Order) you are making an offer to enter into an agreement to purchase the Product(s) in that order.
      2. If you already hold a GreenDeal Account, you may also be able to link your OSW Account with your GreenDeal Account. If you utilise this service, you consent to any information about you or provided by you or your personnel that is held by GreenDeal under the GreenDeal Account being made available to OSW.
      3. OSW will at all times use commercially reasonable endeavours to ensure that our stock listings on our Website are up to date. However, at times there may be unforeseeable shortages and therefore all items listed on the Website are subject to the manufacturers’ availability.
      4. It is your responsibility to ensure the Products listed in the Purchase Order are correct, and OSW will not be responsible for incorrectly ordered Products.
      5. OSW have no obligation to accept any order. Purchase Orders will not be deemed accepted by us until OSW have confirmed acceptance of your order via a Sales Order (Sales Order), or otherwise notified you that the Products have been shipped or made available for collection.
      6. You may not vary or cancel a Sales Order once it has been accepted by us, unless otherwise agreed with us in writing.

    2. Pricing

      1. OSW reserve the right to revise the price for the Products subject to that Sales Order prior to dispatch of the Products from our warehouse. OSW will only revise the price as a result of a change in the price of goods supplied from our suppliers or due to market, cost and currency changes beyond our control. The final price of the Products will be set out in our tax invoice issued at the time of dispatch of the Products to you from our warehouse.
      2. You must check all invoices and notify OSW in writing of any errors or omissions immediately. Failing such notice from you that the invoice contains any errors or omissions, the invoice may be deemed accepted by OSW. Prices will be processed in Australian dollars unless otherwise specified.
      3. Unless otherwise indicated, amounts stated in a Sales Order or otherwise on the Website do not include GST.
      4. You are responsible for any customs, import or other duties charged in respect of the sale and importation of the Products into the country in which you are a resident or where the Products are delivered.
      5. All prices on the Website are correct at the time of publishing, however, OSW reserve the right to change or alter prices displayed on the Website or other price quotations without notice to you.

    3. Payment

      1. Unless otherwise agreed in writing with OSW, payment must be made by the due date as specified on the invoice.
      2. In all other circumstances (including when no date is specified in an invoice), you must pay for all Products on or prior to delivery or collection.
      3. If your payment is declined, dishonoured, rejected or reversed for any reason, you must immediately make that payment again.
      4. OSW reserve the right not to release any Products to you until all Products have been fully paid for in cleared funds.
      5. OSW may require a proof of purchase prior to delivery or collection.
      6. You must not set off any money due and payable to you against money due by you to OSW.
      7. OSW reserve the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard, or American Express).
      8. If you fail to pay invoices by the due date for payment, after issuing a written demand to you demanding payment within the date set out in the written demand, without prejudice to any other rights OSW may have under these Terms or otherwise at law, OSW will be entitled to either:
        1. terminate your Sales Order; or
        2. charge an administration fee of 10% of the amount of the invoice payable.

    4. Delivery of products

      1. If you elect for the Products to be delivered to you, the costs of delivery will be as displayed to you on our Website, or otherwise on an invoice for the Sales Order. OSW will use commercially reasonable endeavours to deliver the Products to your nominated address within the estimated delivery period, although shipping times will vary depending on location and there may be delays where Products are out of stock.
      2. You acknowledge and accept that any estimated delivery or supply of Products provided by OSW is an estimate only. Where possible, OSW will use commercially reasonable endeavours to notify you if OSW become aware of any delay with the delivery of the Products, and will provide you with a new estimated date and time of delivery. To the fullest extent permitted by law, OSW shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
      3. If agreed at the time of OSW accepting the Sales Order, you accept that OSW may deliver Products by instalments and require payment for each separate instalment in accordance with these Terms.
      4. If you request that the Products are delivered unsigned, or either to an unattended location, left outside, or are left outside OSW’s premises for collection, you acknowledge that OSW will deliver the Products at your sole risk and OSW no longer takes responsibility for any damaged, lost or stolen goods in transit.
      5. If OSW are unable to complete the delivery within the agreed time schedule due to your absence or other fault, you will be liable for all charges and costs incurred including but not limited to warehousing, transportation and redelivery.
      6. If you organise delivery independently of OSW, OSW shall not be held liable for non-delivery, lateness of delivery or loss or damage of the Products during transit.
      7. You must inspect the Products immediately upon delivery and must within 24 hours after the date of inspection give written notice to OSW with particulars, of any claim that the Products are not in accordance with these Terms or the Sales Order. If you fail to give notice within this 24-hour period, then to the fullest extent permitted by law, the Products must be treated as having been accepted by you and you must pay for the Products in accordance with these Terms.

    5. Damage in transit

      1. If you consider that any Products are damaged in transit, you must within three (3) days of receiving the Products, lodge a request with OSW for a replacement of the damaged Products (Replacement Request) either in person, by phone or by email.
      2. The Replacement Request must contain the details of the relevant Products (including the product serial number), a detailed description of the damage, photographs of the damage, an electrician’s report, if there is no visible damage, and/or other evidence that can substantiate the claim that the damage occurred in transit.
      3. If, upon inspection of the evidence provided in the Replacement Request, OSW agrees that the Products were damaged in transit, OSW may issue a replacement of the damaged Products.

    6. Pick up

      1. If you agree with OSW that you will collect the Products directly from OSW’s warehouse, you must notify OSW three (3) business hours prior to the agreed pick-up time on the day of the pickup.
      2. Proof of purchase will be required to be shown to OSW prior to collection.
      3. If you fail to pick up the Products within seven (7) days after the agreed pick up date or being notified of their availability, OSW may terminate the Sales Order, resell the Products, and reserve the right to charge a restocking fee of 10% of the total price of the Products.

    7. Storage

      OSW may, at its sole discretion, agree to store Products on your behalf, upon your written request. You agree that Products stored at OSW’s warehouse on your behalf are stored solely at your own risk, and OSW shall not be liable for any damage or loss caused to the Products whilst they are stored in OSW’s warehouse.

    8. Title and risk

      Risk in the Products will pass to you on dispatch of the Products from OSW’s warehouse, or when you collect the Products directly from OSW’s warehouse. Title to the Products will not pass to you until OSW have received payment in full for the Products.

    9. Product specifications

      1. OSW will at all times use commercially reasonable endeavours to ensure that the descriptions and specifications in relation to the Products on its Website or otherwise provided to you are accurate at the time of publishing. However, you acknowledge that photographs, drawings, illustrations, weights, dimensions and any other particulars accompanying, associated with or given in a quotation, descriptive literature or a catalogue are based on information provided by manufacturers and suppliers and, as such OSW does not guarantee that those descriptions and specifications are accurate or free from errors or omissions. OSW reserves the right to make any necessary corrections to the descriptions or specifications of Products without notice.
      2. To the fullest extent permitted by law, any performance data provided by OSW or its suppliers and manufacturers is an estimate only and OSW accepts no liability for any failure in the Products complying with such performance data.

    10. Regulatory compliance

      Unless expressly warranted by the manufacturer of the Product, you acknowledge that it is your responsibility to check and test all Products for compliance with all relevant applicable standards and regulatory bodies before use, on-sale or application. You must use or apply the Products in accordance with all applicable standards, regulations and guidelines, all manufacturers' recommendations and directions and good commercial practice.

    11. Manufacturer warranty

      1. In addition to any entitlements you may have under the Australian Consumer Law, all Products sold by OSW may come with standard warranty periods offered by the manufacturer as set out on the serial number of the Product, in the Product manual or otherwise on the Website.
      2. You acknowledge that (i) the Products are sold to the end user with the applicable limited warranty in effect for the Product at the time of sale to you (the Product “Limited Warranty”) which is subject to changes and revisions by the manufacturer from time to time in its sole discretion, and (ii) the manufacturer does not provide the Limited Warranty, or any other Product warranties, directly to you or any installer.
      3. You shall (i) pass on the Limited Warranty to installers or end users, (ii) inform the installers or end users of the general prohibition on re-installation of Products once installed, and (iii) immediately refer any warranty claims received from installers or end users regarding the Products to OSW or the manufacturer in accordance with the applicable warranty claim process described in the Limited Warranty.
      4. Where defective goods are from a manufacturer that offers after-sales and warranty support in Australia, OSW will refer you to the manufacturer.
      5. You shall not (i) service, repair, modify, alter, replace, reverse engineer, or otherwise change the Products or (ii) provide your own warranty regarding any Products.
      6. DISCLAIMER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE MANUFACTURER WARRANTY THAT MAY APPLY AS SET FORTH IN CLAUSE 2.11(a) ABOVE, OSW MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (I) WARRANTY OF MERCHANTABILITY; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (III) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

    12. Refunds and returns

      1. If for any reason you are not completely satisfied with your Product purchase, please contact us via the contact details on our Website. You acknowledge that Products will not be accepted for return after fourteen (14) days of delivery (except for defective Products).
      2. To the fullest extent permitted by law, OSW will only replace returned Products if:
        1. the Products are defective and you comply with the provisions of this clause 2.12; or
        2. OSW agrees in writing, at its sole discretion, to accept the return of the Products.
      3. You assume any risk of loss, theft or damaged goods during transit and OSW therefore advise you take out shipment insurance with your postal carrier. OSW will not be responsible for parcels lost or damaged in transit.
      4. Where OSW have agreed to replace or refund any Products, you must within two (2) weeks of either the delivery or the pickup of the goods (unless otherwise directed by OSW):
        1. pack the Products in their original packaging, including any accessories, manuals, documentation or registration shipped or supplied with the Product;
        2. return the Product to OSW either in-store, or via courier in their original condition, where original condition means the goods have not sustained any damage and have not been fitted or installed; and
        3. bear any costs associated with returning the Product to OSW.
      5. If upon inspection, OSW agrees that the goods are defective, or, in its absolute discretion agrees to accept the Products in the case of a change of mind, OSW may issue a replacement of the Products, or a refund.
      6. You are not entitled to receive a refund or replacement under this clause 2.12, where Products have been damaged after delivery, or if any attempt has been made to alter the Product in a manner not authorised by OSW. All Products must be returned in their original condition. All postage and insurance costs are to be incurred by you. Any freight or delivery costs paid on the original order is non-refundable.
      7. For any damaged or unacceptable Products which are not entitled to a replacement or refund, you may either collect them by yourself from OSW’s warehouse or direct OSW to deliver them to your designated address, in each case at your own costs and sole risk. If you fail to pick up the Products within seven (7) days after being notified of their availability, OSW will have right to dispose of such Products at its sole discretion without any liability to you.
      8. Where Products are refunded due to a change of mind, OSW will charge you an additional re-stocking charge of 10% of the total purchase price of the returned Products.

    13. Products recall

      You shall provide OSW or the relevant supplier or manufacturer of the Products with any assistance and information reasonably directed by them to rectify, recall, replace (including with a different products) or otherwise deal with as directed (as applicable) any Products which have a defect or have been recalled by a governmental authority, manufacturer, distributor, supplier or similar.

    14. Installation

      You acknowledge that incorrect installation and service of the Products may cause loss of life, injury to persons and/or damage to property and that at all times the installation and service of the Products must be carried out by a qualified electrician or qualified renewable energy installer conversant with the installation of the Products. All workmanship carried out in respect of the installation of the Products is the responsibility of the contractor carrying out the works and OSW will not be held liable for any loss or damage arising from such works.

  3. Compliance with Laws

    1. You shall at all times comply with all applicable laws, these Terms and any Sales Order. Without limiting the generality of the foregoing, you shall at all times, at your own expense: (i) obtain and maintain all certifications, credentials, authorizations, licenses, and permits necessary to conduct your business relating to the exercise of your rights and the performance of your obligations under these Terms and Sales Orders; and (ii) comply with all consumer and other laws applicable to the sale and marketing of the Products to your customers, including without limitation the Australian Consumer Law.
    2. You shall not (i) directly or indirectly export, re-export or otherwise transfer the Products or any part thereof or (ii) broker, finance or otherwise facilitate any transaction involving the Products, in violation of any economic sanctions laws administered by the Office of Foreign Assets Control of the U.S. Treasury Department or any other governmental authority imposing economic sanctions and trade embargoes against designated countries, entities or persons.
    3. You shall not, and shall not permit any third parties to, directly or indirectly, export, re-export or release the Products, any part thereof, or any software, documentation or related technical data included with or contained in the Products, in violation of applicable export control laws.
    4. You shall obtain and maintain insurance in compliance with industry standards and the applicable laws.

  4. Disclaimers

    OSW, its agents, officers and employees:
    1. make no representations, express or implied, as to the accuracy of the information and data contained on the Website, and all information is made available on an “as is” basis;
    2. makes no representations as to the availability of the Website, which may be unavailable at times due to technical errors, network outages or for maintenance or support reasons;
    3. do not confirm the Website will operate with your computer, tablet, mobile device, network, installed software, internet or mobile carrier service plans, or with any particular computer or other piece of hardware, software, equipment, or device you install on or use with your computer; and
    4. subject to clause 2, the Website or its content, may contain typographical mistakes, inaccuracies, or omissions, and incomplete or outdated information, and OSW reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice to you.

  5. Intellectual Property

    1. The Intellectual Property Rights in the Website and any Products or Services that OSW supplies on the Website are, and shall remain, the property of OSW or its third party licensors. You must do all things that OSW reasonably requires to perfect OSW’s right, title, and interest in and to our Intellectual Property Rights.
    2. When using our Website, you must use reasonable endeavours to prevent any infringement of our Intellectual Property Rights and promptly report to us any such infringement that comes to your attention.
    3. You submit any ideas, feedback, comments, suggestions, documents or similar data on the Website at your own risk and OSW does not have a confidentiality obligation in respect of such feedback (Feedback), and you grant OSW a fully paid, royalty free, perpetual, irrevocable, worldwide, non-exclusive, sub-licensable right and license to access, display, use, modify such Feedback in performance of these Terms.

  6. Termination or Suspension

    1. OSW may cancel or suspend your OSW Account and/or access to our Products and Services by written notice to you at any time, in our absolute discretion if:
      1. you commit a material breach of these Terms and (if such breach is remediable) you fail to remedy that breach within fourteen (14) days after being notified in writing to do so;
      2. you repeatedly breach these Terms in such a manner as to reasonably justify the opinion that your conduct is inconsistent with you having the intention or ability to give effect to these Terms; or
      3. you are or threaten to become insolvent.
    2. Where your access to your OSW Account and/or Services is terminated under clause 6(a):
      1. you must immediately pay to us all amounts that you owe to us or otherwise relates to Products or Services supplied up to the date of termination; and
      2. all access to your OSW Account and any licenses granted under these Terms are immediately terminated.

  7. Limitation of Liability

    1. Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, any Product descriptions or other material displayed on the Website is provided without any guarantees, conditions, or warranties as to its accuracy.
    2. To the fullest extent permitted by applicable law, OSW excludes all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or incurred by you in connection with:
      1. your failure to comply with these Terms;
      2. events that are outside the reasonable control of OSW, including such events leading to cancellation of Sales Orders or Services, or deviations or delays in the provision of the Products or Services; or
      3. the acts or omissions of any third party or independent contractor.
    3. Nothing in these Terms excludes or limits OSW’s liability in respect of:
      1. death or personal injury caused by OSW’s negligence or wrongful act; or
      2. fraud or fraudulent misrepresentation.
    4. In addition to any guarantees that apply under the Australian Consumer Law, Products sold by OSW will have only the benefit of any express warranty given by the manufacturer. All other express or implied representations and warranties are, to the fullest extent permitted by applicable law, excluded.
    5. Where any law implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the fullest extent permitted by applicable law, OSW’s liability for breach of that non-excludable condition, warranty or guarantee will, at OSW’s option, be limited to:
      1. in the case of Products, their replacement or the supply or equivalent goods or their repair; and
      2. in the case of Services, the supply of the Services again, or the payment of the cost of having them supplied again.
    6. To the fullest extent permitted by law, the limitation set out in clause 7(e) is an aggregate limit for all claims, whenever made.
    7. To the fullest extent permitted by law, OSW is not be liable for any Consequential Loss (including by negligence) which is suffered, or incurred by you in connection with performance or failures of the Website, Products or Services, the Linked Sites and any materials posted on those sites.
    8. If the Australian Consumer Law applies to the supply of goods and/or services under these Terms, OSW acknowledges and agrees that its goods and services come with a guarantee that cannot be excluded under the Australian Consumer Law, and that the following mandatory notice under section 102(1) of the Australian Consumer Law that must be provided to you will apply:
      Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with:
      1. the service, you are entitled:
        1. to cancel your service contract with us; and
        2. to a refund for the unused portion, or to compensation for its reduced value; and
        3. compensation for any other reasonably foreseeable loss or damage.
      2. the goods, you are entitled:
        1. to a replacement or refund; and
        2. compensation for any other reasonably foreseeable loss or damage.
      You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

  8. Indemnity

    You indemnify, and hold harmless, OSW, our directors, employees, and agents in respect of any liability, loss, claim, and expense incurred by OSW arising out of or in connection with:
    1. any unauthorised use of your OSW Account;
    2. any use by you or your Personnel of the Website;
    3. use of any Products or Services by you or your Personnel;
    4. any claim that any information that you provide to us or upload or make available on the Website, its use, storage, reproduction or communication, infringes another person’s rights; and
    5. any breach by you or your Personnel of any applicable laws, these Terms or Sales Orders.

  9. Acceptable Use

    1. 9.1 You must, and must ensure your Personnel, lawfully and ethically use our Services, the Website, or their hosting infrastructure. Without limiting the generality of this clause 9.1:
      1. you must use the Services and the Website in compliance with all applicable laws, including regulations and codes;
      2. you must comply with any third party's Intellectual Property Rights;
      3. you must use commercially available anti-virus software on each device that connects to our Website; and
      4. you must comply with any instruction from us to delete or remove any material that OSW believe breaches these Terms or is the result of our lawful instruction to remove content.
    2. 9.2 In accessing the Website, you must not, and must ensure that your Personnel must not:
      1. use any device, software, process or means to interfere or attempt to interfere with the proper function of the Website or restrict or interfere with any other party’s usage;
      2. obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for by the Website;
      3. modify, copy, mirror, frame, distribute, decompile, disassemble, reverse engineer, transmit, display, perform, reproduce, publish or license any material from this Website, integrate the Website with or into any other software, or create a derivative work from the Website or its content by any means;
      4. transfer or sell any information, functionality or products or services offered on the Website or purport to grant to a third party any right to access or use the Website except as permitted by us;
      5. impersonate any person or entity, collect or store Personal Information about other users without permission, or solicit information from another user in furtherance of an unlawful purpose;
      6. amend or delete any copyright or proprietary notice from any materials downloaded from the Website or any other site accessible as part of the Services; or
      7. load or publish any material that:
        1. contains any virus, trojan horse, worm or other programs that have an adverse effect on our Website or Services, the hosting infrastructure or the internet;
        2. threatens the integrity and security of the Website or Services, the hosting infrastructure, the internet, or other users of the Website or Services and their systems; or
        3. is threatening, abusive, offensive, endangers any person, unlawfully discriminatory or immoral.
    3. 9.3 In accessing the Services or Website, you acknowledge that:
      1. you must be over 18 years of age prior to any access or use of the Website; and
      2. you must provide the equipment and internet connections necessary to access the Websites at your own expense.

  10. Non-disparagement

    1. You agree that you will not (and you will ensure your officers, directors, employees, and consultants do not) directly or indirectly:
      1. disparage us or any of our officers, employees, representatives, or related bodies corporate;
      2. make any statement or publication, whether oral or in writing (including on any social medial platform or online discussion forum) which does or is likely to bring us, or any of our officers, employees, representatives or related bodies corporate into disrepute or ridicule; or
      3. make any statement or publication, whether oral or in writing (including on any social medial platform or online discussion forum), which does or is likely to adversely affect our reputation or public perception or that of our officers, employees, representatives or related bodies corporate.
    2. You acknowledge and agree that this clause is a material term and OSW may seek injunctive or like equitable relief to prevent you from causing material damage to our reputation and failing to comply with this clause 10.

  11. Privacy and Your Data

    1. Each party must comply with all applicable privacy legislation with respect to the use and handling of any information submitted to, or extracted from, the Website, or otherwise collected by OSW, including the Privacy Act 1988 (Cth) and any ancillary rules and regulations as amended from time to time.
    2. By agreeing to these Terms, you acknowledge and agree to the terms of our Privacy Policy. Any information OSW collect about you will only be used, handled and disclosed in accordance with our Privacy Policy.
    3. OSW may collect, use and disclose your personal information, namely your profile information, transaction history, job records, feedback, and other information made available by you or your personnel in OSW Account (as applicable) to GreenDeal and its related entities in accordance with the Privacy Policy for the purpose of making you aware of promotions terms, facilitating your sign up to or job creation and management in your GreenDeal Account or other purposes in order to streamline your experiences in using services provided by OSW and GreenDeal. For more information, please visit our Privacy Policy available on the Website.
    4. You are responsible for:
      1. the content, accuracy and completeness of any data (including Personal Information) you enter on the Website, provide to OSW or another user of the Website;
      2. agreeing that such data or information that you enter or otherwise provide to OSW or a user is accurate, up to date, not misleading or deceptive in any way, and does not contravene any applicable law or infringe any third party’s rights;
      3. keeping any password or security information in connection with your access or use of the Website or the OSW Account is kept confidential and reasonably safeguarded from third party unauthorised access, including by promptly notifying us upon your knowledge or reasonable suspicion that unauthorised access has been granted to your password or security information; and
      4. securing and backing up your content uploaded or otherwise accessible.
    5. OSW may, without liability, intercept, remove, alter or prevent access to any of your data or information on the Website, or your OSW Account, that:
      1. breaches these Terms or any express terms you have agreed with OSW;
      2. OSW reasonably believe is offensive, defamatory, or breaches the rights of any person;
      3. OSW reasonably believe is inaccurate, out-of-date or is incomplete; or
      4. if directed by a regulator, government agency, law enforcement agency or court.

  12. Linked Terms

    The Website may contain links to other websites (Linked Sites), which are not operated by us, including those of our partners. OSW have no control over the Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms contained within each such site.

  13. Promotions and Offers

    1. OSW may offer additional promotions and offers by written notice to you. All activities related to future promotions will be governed by the terms and conditions of OSW and its related entities, as available on the Website and GreenDeal Platforms, from time to time (Promotional Terms).
    2. The details and execution of the promotions including availability, offers, content and any associated benefits, are subject to the Promotional Terms, as amended in our sole discretion. We encourage you to carefully review the Promotional Terms.

  14. Amendments to Terms

    OSW may amend or vary these Terms at any time by written notice to you. If you continue to submit Sales Orders after receiving notice of the updated terms you agree that you will be deemed to have accepted the updated Terms.

  15. Governing Law and Jurisdiction

    If a dispute arises regarding these Terms, the laws of Queensland, Australia apply. If you access the Website, or OSW supply the Products within in a jurisdiction other than Queensland, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.

  16. Invalidity

    If any part of the Terms is unenforceable (including any provision in which OSW exclude our liability to you) the enforceability of any other part of the Terms will not be affected and all other clauses remain in full force and effect.

  17. Communications

    If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us by email. OSW will confirm receipt of this by contacting you in writing, normally by email. you or give you notice in writing, OSW will do so by email or by pre-paid post to the address you provide or confirm to us.

  18. Cookies

    1. You acknowledge and agree that, in accordance with our Cookie Policy
      1. OSW may use “cookies” to identify your computer or device accessing the Website and for other purposes, including to personalise and operate the Website for you;
      2. OSW’s use of cookies may result in the collection of Personal Information about you, which may be used pursuant to our Privacy Policy and these Terms; and
      3. if you delete or refuse to accept cookies via your internet browser, OSW may not be able to provide you with the full functionality of our Website.

  19. Definitions

    In these Terms, except where the context otherwise requires:
    1. Australian Consumer Law means schedule 2 to the Competition and Consumer Act 2010 (Cth).
    2. Consequential Loss means any consequential, special, indirect or incidental loss including without limitation loss of profit, loss of revenue, business interruption, loss of business, loss of opportunity, loss of reputation or loss in connection with breach of third party contracts or arrangements.
    3. Cookie Policy means our cookie policy available at https://osw.energy/au/cookie-policy, as amended from time to time.
    4. GreenDeal means One Stop Warehouse Finance Pty Ltd ACN 609 758 143 or Solar & Battery Central Pty Ltd ACN 649 507 040 (as applicable) trading as GreenDeal.
    5. GreenDeal Account means an online account with GreenDeal, registered in accordance with the GreenDeal Terms of Use available at https://www.greendeal.com.au/termsofuse, as amended from time to time.
    6. GreenDeal Platforms means the GreenDeal services available on the website located at https://www.greendeal.com.au/ and the mobile application ‘GreenDeal Solar App’ operated by GreenDeal.
    7. GreenDeal Website means the website operated by GreenDeal located at https://www.greendeal.com.au/, as amended from time to time.
    8. GST means GST within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
    9. Intellectual Property Rights means any current and future intellectual, industrial and other property of any kind whatsoever throughout the world, including any:
      1. patents, copyrights and related rights, designs, trade marks, service marks, utility models, plant breeders rights, rights in relation to circuit layouts, databases, inventions, discoveries, trade secrets, know how, traditional knowledge, and improvements;
      2. trade, business or company names, indication, source or appellation of origin;
      3. applications for, or rights to apply for registration of any of those rights;
      4. rights under licences and consents in relation to any of them; and
      5. any other form of protection of a similar nature or having equivalent or similar effect to any of them nor or in the future,
        whether registered or unregistered, for the durations of the rights and interests.
    10. Personnel means, in respect of a party, any of its employees, consultants, suppliers, subcontractors or agents.
    11. Personal Information has the meaning give to that term under the Privacy Act 1988 (Cth).
    12. Privacy Policy means our privacy policy available at https://www.osw.energy/au/privacy-policy, as amended from time to time.
    13. Product means the sustainable energy products and related accessories sold by OSW.
    14. Services means the supply of Products and/or other services provided by OSW on the Website or otherwise.
    15. Website means each website operated by OSW for the provision of the Services, including https://www.osw.energy/, https://greensketch.com.au/, and their respective subdomains.
    16. you means person who purchases Products or Services provided by OSW or otherwise accesses the Website.