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Schneider Electric Australia Solar Pty Limited webpage

Terms of use

These terms of use are entered into by and between you and Schneider Electric Australia Solar Pty Limited ACN 625 549 359 (“Schneider Electric,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of shop-au.solar.se.com, including any content, functionality, and services offered on or through shop-au.solar.se.com (the “Website”), whether as a guest or a registered user.

When you connect to or access this Website, you agree to be bound by these Terms of Use, as updated from time to time. If you do not agree to these Terms of Use, you should not access the Website and leave the Website immediately.

Unless otherwise specified, this Website, its content, and its domain name and urls: https://shop-au.solar.se.com are the sole property of:  Schneider Electric Solar Australia Pty Limited.

Head office:
Level 10, 2 Banfield Road Macquarie Park NSW 2113 Australia

This Website is offered and available to users who are 18 years of age or older, and reside in Australia or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Schneider Electric and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

1. Purpose of this web site

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Schneider Electric, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Schneider Electric. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

2. Trademark and copyright information

The Schneider Electric name, any Schneider Electric logos, and all related names, logos, product and service names, designs, slogans, and any registered trademarks and its content are protected under the laws of copyright covering texts, drawings and models, as well as by trademark law. You agree not to reproduce, other than for your own personal, non-commercial use, all or part of this Website or its content on any medium whatsoever without Schneider Electric’s permission, given in writing. You also agree not to establish any hypertext links to this Website or its content. Schneider Electric does not grant any right or license for the personal and non-commercial use of the Website or its content, except for a non-exclusive license to consult it on an “as is” basis, at your own risk. All other rights are reserved.

Schneider Electric makes no claim or representations regarding the third-party trademarks, which are the property of their respective owners.

3. Prohibited uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Australia or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Schneider Electric, a Schneider Electric employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Schneider Electric or users of the Website, or expose them to liability.

 

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

4. Online Purchases

All purchases through our Website or other transactions for the sale of goods or services formed through the Website, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

5. Links to other web sites

This Website may contain links to other web sites, which are provided solely as convenience to you and not as an endorsement by Schneider Electric of the contents of such other web sites. Schneider Electric is not responsible for the content of any other web sites and does not make any representations or warranties regarding any other web sites or the contents or materials of such web sites. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

6. Updating of information; Disclaimers

Schneider Electric makes all reasonable efforts to ensure that this Website is accessible at all times. You may however be prevented from accessing the site or experience access problems due to technical difficulties or during maintenance work or upgrades. In addition, while Schneider Electric takes reasonable care to ensure that the information on this Website is kept up to date, it makes no representation or warranty, express or implied, of its accuracy and completeness.

The content of this Website and the Websites accessible via hypertext links at this site may be corrected, amended or updated at any time without notice.

Schneider Electric does not guarantee and makes no representations or warranties that this Website and access thereto are secure, or that this Website is free of viruses or bugs that could result in damage to or the loss of data. You are responsible for protecting your data from viruses. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SCHNEIDER ELECTRIC NOR ANY PERSON ASSOCIATED WITH SCHNEIDER ELECTRIC MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER SCHNEIDER ELECTRIC NOR ANYONE ASSOCIATED WITH SCHNEIDER ELECTRIC REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, SCHNEIDER ELECTRIC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN CONSUMER LAW (Schedule 2 of the Competition and Consumer Act 2011 (Cth)  MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE GUARANTEES OR OBLIGATIONS UPON SCHNEIDER ELECTRIC  WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED OR CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS OF USE MUST BE READ SUBJECT TO THESE STATUTORY PROVISIONS.

 

7. LIMITATION OF LIABILITY

IN NO EVENT WILL SCHNEIDER ELECTRIC BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF SCHNEIDER ELECTRIC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, STATUTE OR TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORIES.

 

8. Indemnification

You agree to defend, indemnify, and hold harmless Schneider Electric, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

 

9. Confidential or proprietary information

Schneider Electric does not want to receive confidential or proprietary information from you through our Web Site. All information we collect on this Website is subject to Schneider Electric Data Privacy   Policy made available to you at https://www.se.com/au/en/about-us/legal/privacy-policy.jsp. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Schneider Electric Data Privacy   Policy.

Please note that any information or material sent to Schneider Electric will be deemed NOT to be confidential. By sending Schneider Electric any information or material, you grant Schneider Electric an unrestricted, irrevocable license to use, reproduce, display, perform, modify transmit and distribute those materials or information, and you also agree that Schneider Electric is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

 

 

10. Jurisdictional issues

The owner of the Website is based in Australia. We provide this Website for use only by persons located in Australia. We make no claims that the Website or any of its content is accessible or appropriate outside of Australia.. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside Australia, you do so on your own initiative and are responsible for compliance with local laws.

These Terms of Use shall be governed by and construed in accordance with the laws of New South Wales, Australia and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of the State of New South Wales and waives any right to object to proceedings being brought in those courts for any reason.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver by Schneider Electric of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Schneider Electric to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.