Select.live Terms and Conditions of use.

 

Please read these terms of use carefully and accept them before using the Selectronic Select.live Remote Portal.

 

1.      Disclaimer

The information obtained by accessing our Remote Portal is for general information only, it does not constitute legal or professional advice and cannot be relied on as such.

 

Selectronic does not accept any loss which may arise from accessing information through the select.live portal within the fullest extent permitted by the consumer laws of Australia.

 

 

2.      Warranty Information

The information and materials contained on this portal, including text, graphics, links or other items – are provided "as is" and "as available". While Selectronic makes best efforts to ensure the accuracy of all its information and employs several layers of redundancy to this purpose, Selectronic does not warrant the accuracy, adequacy, or completeness of the information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied or statutory, is given in conjunction with the information and materials.


Selectronic makes no representation whatsoever that the information the user obtains by using this online portal is free from faults, defects, computer viruses or malware, and its liability in respect of such events is excluded to the fullest extent permitted under applicable law.


Select.live hardware is covered by a separate Limited Warranty. For more information, or a copy of the Hardware Limited Warranty, please contact enquiries@selectronic.com.au


3.      Privacy Policy
Selectronic is committed to helping you maintain your privacy and security on our platform. The purpose of our Privacy Policy is to inform you about the types of information we might collect when you use our platform, and how that information may be used or disclosed.


All information collected by us or voluntarily provided by you to us is governed by the Privacy Act 1988 (Cth). Information about this can be found on the Privacy Commissioner's website http://www.oaic.gov.au/privacy/privacy-act/the-privacy-act.


Collection & Use of Information

The Selectronic Select.live portal, collects Personally Identifiable Information, as well as general information which cannot be linked to you. We use your Personally Identifiable Information to operate our portal and deliver its services to you. We may also use your Personally Identifiable Information to inform you of other products or services available from Selectronic and its affiliates, or for research purposes. We do not provide customer lists to third parties. If you do not provide us with the personal information we need, we will not be able to provide the Select.live portal to you.


Personally Identifiable Information

This refers to information Personally Identifiable Information and specific to you. This may include your name, email address and phone number. In addition, any emails or other correspondence may be tracked as well. We use this information to provide better services to you.


Privacy Policy Changes

Any updates or changes to the terms of this Privacy Policy will be posted on the Selectronic website (www.selectronic.com.au). Please be sure to check this statement frequently to be sure you have the latest version. After reading the above and by using our Website, you acknowledge acceptance of the above Privacy Policy in effect at the time of use and consent to our use if your personal information in accordance with the above Privacy Policy.

 

Security
Selectronic takes reasonable steps to protect any Personally Identifiable Information that we hold from misuse, interference and loss and from unauthorised access, alteration and disclosure. However data protection measures are never completely secure and we cannot guarantee the security of your Personally Identifiable Information. You should notify us immediately if you become aware of any security breaches.

 

Selectronic does not accept responsibility for any leak of Personally Identifiable data as a result of using the Select.live portal, regardless of the device and/or operating system being used to access the portal.  It is the responsibility of the user to ensure that their device and operating system is secure and protected against any threats including, but not limited to viruses, spyware and malware.

 

Selectronic recommends accessing the Select.live portal via secured internet connections. Personally Identifiable data such as login information, including passwords should also be protected at all times.

 

Accessing or Correcting your Personally Identifiable Information

If you wish to access the Personally Identifiable Information we hold about you or request correction of it, you may do so subject to a small number of legal restrictions or exemptions which we will advise you about at the time of your request. Such request can be made to us in writing, addressed to Privacy Officer using the contact details at www.selectronic.com.au/contact

4.      License Agreement

The Selectronic Select.live portal is comprised of the Select.live dashboard and User display and any additional existing or future features offered by Selectronic.

 

By using all or any portion of the Select.live portal, you accept all the terms and conditions of this agreement without modification. In particular, the provisions on Ownership of Intellectual Property, Customer License Grant, Confidentiality and Limitation of Liability. Your use of the Select.live portal constitutes your agreement with all such terms and conditions.


a. Definitions

‘Selectronic' means Selectronic Australia Pty Ltd, 20 Fletcher Road, Chirnside Park, Victoria 3116, Australia. The ‘Select.live portal', ‘portal’ or ‘Select.live' means the online web portal offered by Selectronic to view real time and historical data of renewable energy systems. ‘User' means an authorised user of the Select.live portal. ‘Personally Identifiable Information' means information which can be linked to a specific user such as address, email, telephone number, etc. ‘Data' means information including User details, system details and performance data which is submitted, entered or posted onto the Platform or otherwise sent to the User.


b. Ownership of Intellectual Property

Except as otherwise set forth in this Agreement or other valid agreement, and subject to Selectronic's express written license grant to User, Selectronic owns or is the authorised licensee of all rights in the Intellectual Property' in the software, hardware or any work product or code contained or used within the Select.live portal.


‘Intellectual Property' means wherever in the world arising, present or future, whether registered or unregistered (and including any application) the intellectual property without limitation including copyright, know-how, trademarks, service marks, trade names, patents, petty patents, utility models, design rights, circuit layouts and all proprietary rights in confidential information, trade secrets, business and domain names, database rights and all rights in the nature of unfair competition rights or rights to sue for passing off.


The User undertakes that it will not: a) challenge any of Selectronic's rights in the Intellectual Property; or b) use or seek to use any information, whether or not proprietary or whether or not expressly marked confidential, gained in the course of its business dealings with Selectronic without the prior written consent of Selectronic.


c. Use of Data

Notwithstanding anything to the contrary set forth herein, Selectronic reserves the right to aggregate all Data relating to User for analytical purposes. Selectronic may share this aggregate data with third parties, so long as in accordance with the Privacy Policy no Personally Identifiable Data is disclosed.


d. Customer License Grant

Selectronic hereby grants to User a limited license to use the Select.live portal as follows: a) to access the Select.live portal including data recordings and system activity of the systems which User is authorised to access; or b) to permit access to the Select.live portal by other authorised parties. This License Grant does not cover, and therefore User may not do, the following: a) sell or grant additional licenses, sub-licenses, or any other access to the Select.live portal not specifically covered by the terms of this Agreement; b) sell Confidential Information to third parties or otherwise distribute or reveal Selectronic's Confidential Information, unless expressly agreed in writing by Selectronic; and c) publicise or otherwise share Selectronic's Confidential Information with anyone, unless expressly agreed in writing by Selectronic. ‘Confidential Information' means any information, in any format, oral or written, whether or not marked ‘confidential' and whether or not proprietary which is disclosed to User as a result of its access to the Select.live portal or its business dealings with Selectronic, which would reasonably be considered information that is confidential to Selectronic.


License Grant Covenant

Customer covenants that it shall not reverse engineer, decompile, or disassemble any of the Select.live portal components except to the extent permitted by applicable law.


e. Confidentiality

Selectronic agrees to keep all Personally Identifiable Information confidential. While this Personally Identifiable Information will be kept strictly confidential, Selectronic reserves the right to maintain/analyse/aggregate/use other posted or submitted Data, so long as no Personally Identifiable Information is disclosed. By posting, uploading, inputting, providing or submitting Data, User warrants and represents that the User owns or otherwise controls all of the rights to Data submitted, including, without limitation, all the rights necessary for the User to provide, post, upload, input or submit the Data. Additionally, Selectronic will distribute and report data as required by federal, state, and local laws and ordinances.


User agrees that it has the obligation to keep confidential all Selectronic's Confidential Information.

5.      LIMITATION OF LIABILITY

IN NO EVENT WILL Selectronic, ITS AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, OR PARENT COMPANIES BE LIABLE TO USER FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING COMMERCIAL LOSSES, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, SAVINGS, GOODWILL, DATA OR USE), WHETHER IN CONTRACT OR TORT, BY STATUTE OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS FORESEEABLE, FORESEEN OR KNOWN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF THE NON-BREACHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN USER'S JURISDICTION.


User agrees to limit Selectronic's liability as follows. If a court of competent jurisdiction determines that Selectronic or any of its, subsidiaries, affiliates, or parent companies is directly responsible for damages arising from the services that Selectronic performs or the systems it provides under this Agreement, such damages shall be limited to the sum of the yearly service and equipment charges actually paid by User under this Agreement during the year in which the event giving rise to such damages occurred. Except as expressly provided elsewhere in this Agreement, these agreed upon damages are the User's sole and exclusive remedy no matter the cause of any loss, damage, injury, or other consequence, whether caused by negligence, gross negligence, tort, failure to perform duties under this Agreement, breach of warranty, strict liability, failure to comply with any applicable law, or other default by Selectronic on any of its obligations in this Agreement.


THE FOLLOWING STATEMENT APPLIES TO CUSTOMERS THAT ARE ‘CONSUMERS' WITHIN THE MEANING OF THE AUSTRALIAN CONSUMER LAW: The benefits given to the consumers in this Agreement are in addition to other rights and remedies of the consumer under a law in relation to the goods or services to which the Agreement relates. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for 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.


a. No Unlawful or Prohibited Use

As a condition of your use of the Select.live portal, User warrants to Selectronic that the User will not use the portal for any purpose that is unlawful or prohibited by these terms and conditions. User may not use the portal in any manner which could damage, disable, overburden, or impair the portal or interfere with any other party's use of the portal. User further agrees that no joint venture, partnership, employment, or other relationship exists between User and Selectronic, except as otherwise documented in writing.


b. Modification of the License Agreement

Selectronic reserves the right to change the terms and conditions of the portal license, including charges and service levels.


c. Trademark and Copyright Notice

Select.live and Selectronic, including logos are trademarks owned and used by Selectronic. Use of these marks without the prior express written permission of Selectronic is prohibited. All other trademarks referenced in this Agreement, or referenced or used on the portal, or any part of Selectronic website or in the course of Selectronic business (such reference or use as may be amended from time to time) are the property of Selectronic or their respective third party owners. Selectronic is the owner or authorised licensee of the copyright in these website pages (including without limitation all text, graphics and computer code relating thereto or associated therewith) and all other intellectual property and proprietary rights therein, and all rights are reserved. Permission is given for the downloading and temporary storage of one or more of these pages for the sole purpose of viewing them on a stand-alone personal computer or monitor and solely for the purpose of this Agreement.


d. Termination

Selectronic reserves the right, in its sole discretion, to terminate User's access to the portal or any portion thereof at any time, without notice and without any reason. In cases where a User is in good standing with payments for paid access to Data, and the access has not been terminated due to the User's breach of this Agreement, Selectronic will refund the portion of payment for services not yet rendered. Selectronic will provide access for the User to obtain their Data for a one month period after the termination, or otherwise transmit the Data to the User. Selectronic retains the perpetual right to use this Data according to this Agreement.


e. Selectronic's Disclosure and Buyer's Acknowledgement

Without limiting the application of the above Termination clause, Selectronic expressly disclose that the Select.live portal service may be discontinued or terminated by Selectronic at its absolute discretion for any or no reason (Discontinuance), and Selectronic is not in any way liable to User for any compensation or claim including but not limited to damage and loss of any kind caused by or arise from the Discontinuance except for a pro-rata refund of Select.live portal service fee for the unused period if applicable. User acknowledges and agrees that Selectronic may terminate or discontinue the Select.live portal service at its sole discretion and the Selectronic is not liable to User for any claim or compensation in relation to the Discontinuance other than a pro-rata refund of Select.live portal service fee for the unused service period.


f. Enforceability

In case any provision of this Agreement shall be invalid or unenforceable, the validity and enforceability of the remaining provisions of the Agreement will not in any way be affected or impaired thereby.


g. Governing Law

This Agreement is governed by the law in force in Victoria. Each party submits to the exclusive jurisdiction of the Victoria courts.