Vendor’s Agreement


Terms and conditions

Vendor’s Agreement

Updated:  19-07-2017

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY!

PAY ATTENTION TO THE PROVISIONS THAT EXCLUDE OR LIMIT THE LIABILITY, TERMS OF GOVERNING LAW AND THE JURISDICTION THAT APPEAR IN CAPITAL LETTERS.

 This document is a legally binding agreement between you as the Vendor (as defined below), and the My Renewable Energy-Australia  entity listed below [“My Renewable Energy-Australia” or “we”], which supplements the My Renewable Energy-Australia  Marketing and Promotion Agreement regarding your use of the My Renewable Energy-Australia  Marketplace Platform [as defined below] to market and promote your Renewable Energy products free of any charges to you the Vendor. You are registering an agreement in principal as a provider of renewable energy products to Australian consumers by using the services of My Renewable Energy-Australia. [Registered in Australia with ABN: 20 509 336 738], which provides marketing and promotional support in connection with the transaction services for all online payments to you the vendor and third-party agents.

Through the Application and Acceptance of the Terms and conditions to use of My Renewable Energy-Australia’s, Services, software and products (collectively the as the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the Privacy Policy, the Product Listing Policy  and any other rules and policies that My Renewable Energy-Australia may publish from time to time.

This document and such other rules and policies of the Sites are collectively referred to below as the “Terms”.  By accessing the Sites or using the Services, you agree to accept and be bound by the Terms. 

Please do not use the Services or the Sites if you do not accept all of the Terms.

You may not use the Services and may not accept the Terms if,

    • you are not of legal age to form a binding contract with My Renewable Energy-Australia,
    • you are not permitted to receive any Services under the laws of Australia or other countries / regions including the country / region in which you are resident or from which you use the Services.
    • You acknowledge and agree that My Renewable Energy-Australia may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites.  By continuing to use the Services or the Sites, you agree that the amended Terms will apply to you.

If My Renewable Energy-Australia has posted or provided a translation of the English language version of the Terms, you agree that the translation is provided for convenience only and that the English language version will govern your uses of the Services or the Sites.

You may be required to enter into a separate agreement, whether online or offline, with My Renewable Energy-Australia or our affiliate for any Service (“Additional Agreements”).  If there is any conflict or inconsistency between the Terms and an Additional Agreement, the Additional Agreement shall take precedence over the Terms only in relation to that Service concerned.

The Terms may not otherwise be modified except in writing by an authorised officer of My Renewable Energy-Australia.

Provision of Services

My Renewable Energy-Australia is a registered business name with Australian Securities Investment Commission [ASIC]. Some or part of the this services may be supported and provided by affiliates of My Renewable Energy-Australia. My Renewable Energy-Australia may delegate some of the Services to its affiliates, in other countries, who you agree may invoice you for their part of the Services.

  • You must register on the Site in order to access and use some features of the services. Further, My Renewable Energy-Australia reserves the right, without prior notice, to restrict access to or use of certain services (or any features within the services) to paying users or subject to other conditions that My Renewable Energy-Australia may impose in our discretion.
  • Services (or any features within the services) may vary for different regions and countries. No warranty or representation is given that a particular service or feature or function thereof or the same type and extent of the service or features and functions thereof will be available for users. My Renewable Energy-Australia may in our sole discretion limit, deny or create different level of access to and use of any Services (or any features within the services) with respect to different users.
  • My Renewable Energy-Australia may launch, change, upgrade, impose conditions to, suspend, or stop any services (or any features within the services) without prior notice except that in case of a fee-based service, such changes will not substantially adversely affect the paying users in enjoying that service.
  • Some services may be provided by My Renewable Energy-Australia’s affiliates on behalf of My Renewable Energy-Australia.


My Renewable Energy-Australia  Transaction Services

My Renewable Energy-Australia  Transaction Services” are services provided by My Renewable Energy-Australia  and our affiliates to facilitate payments in connection with the online transactions concluded on and through the My Renewable Energy-Australia marketplace.   Unless otherwise defined in this Agreement, the capitalised terms shall have the same meanings as used in the My Renewable Energy-Australia Services Agreement.

The My Renewable Energy-Australia  Transaction Services are only available to the registered members of the My Renewable Energy-Australia  marketplaces (“Users”).  A User who purchases or acquires any product or service in an Online Transaction is referred to also as a “Buyer”, and a User who sells or provides any product or service in an Online Transaction is also referred to as a “Vendor”. If your subscription to any membership services of the My Renewable Energy-Australia marketplaces expires or is terminated for any reason, you are not eligible to use the My Renewable Energy-Australia  Transaction Services to conclude online transactions on My Renewable Energy-Australia marketplaces.  In addition, My Renewable Energy-Australia is not obliged to provide the My Renewable Energy-Australia Transaction Services where the bank account designated by a Vendor in an Online Transaction to receive the transaction price has not been verified and confirmed by My Renewable Energy-Australia and our affiliates. 

My Renewable Energy-Australia shall have the right to refuse to provide the My Renewable Energy-Australia Transaction Services for any Online Transaction if

  1. the Online Transaction does not satisfy the terms and conditions in the My Renewable Energy-Australia  Transaction Services Agreement or the other applicable terms, rules and policies concerning My Renewable Energy-Australia ’s transaction services under the My Renewable Energy-Australia  Transaction Services Agreement  in accordance with My Renewable Energy-Australia ’s instructions or
  2. if My Renewable Energy-Australia  has reason to believe that the Online Transaction may violate any laws, rules or regulations or may otherwise subject My Renewable Energy-Australia  or any of our affiliates to liability.

You agree that My Renewable Energy-Australia shall have the sole and absolute discretion to remit funds subject to the terms of this Agreement .


My Renewable Energy-Australia  Transaction Services for Online Transactions

The Buyer of an Online Transaction shall pay the full transaction price [100%] listed for the Online Transaction into a payment Gateway Wallet for payment to: 

  1. Vendor  or Vendors involved in the order.
  2. Freight Handling Companys.
  3. Australian Customs Duty, Goods and Services Tax [GST].
  4. Australian Brokerage.
  5. Courier service to nominated address.

All companies involved in the transaction of the buyers order shall be paid through the My Renewable Energy-Australia Payment Gateway or PayPal Online unless another option is made available directly by My Renewable Energy-Australia on the My Renewable Energy-Australia marketplace .  When using My Renewable Energy-Australia to submit payments for an Online Transaction, payments are processed through services owned by My Renewable Energy-Australia  or one of its affiliates and/or a registered third party service provider acting on My Renewable Energy-Australia’s behalf.  The funds are received for the Vendor in accordance with the My Renewable Energy-Australia  Transaction Services Agreement .  

The Vendor shall receive payments in the following order for products under A$1000:

  1.  90% payment in advance.
  2. 10% payment on receiving a TRACKING ORDER NUMBER from the nominated Freight Handling company. [The vendor is to compled all related shipping documents and delivered to nominated Freight Handling company. On receiving and accepting all packaged goods the Freight Handling company shall issue the tracking order number.

The Vendor shall receive payments in the following order for products over A$1000:

  1.  30% payment in advance.
  2. 60% on completion of assembly and packaging of the product ready for shipping to Australia.
  3. 10% payment on receiving a TRACKING ORDER NUMBER from the nominated Freight Handling company. [The vendor is to compled all related shipping documents and delivered to nominated Freight Handling company. On receiving and accepting all packaged goods the Freight Handling company shall issue the tracking order number.

The Vendor agrees that the Buyer’s full payment of the transaction price listed for the Online Transaction to My Renewable Energy-Australia  constitutes final payment to the Vendor and Buyer’s payment obligation for the Online Transaction is fully satisfied upon receipt of funds by My Renewable Energy-Australia’s account.  The payment must be made in ‘Chinese RMB’ or any other currencies as supported by My Renewable Energy-Australia  from time to time.   

Upon receipt of the Buyer’s order and payment, My Renewable Energy-Australia  shall promptly notify the vendor by automated email of the details of the order and payment.  My Renewable Energy-Australia  shall also monitor and keep safe custody of the received funds and shall not release the funds unless an event set forth in clause above.     

My Renewable Energy-Australia  shall retain the funds received in connection with an Online Transaction unless, as agreed between Vendor and My Renewable Energy-Australia , any of the following events occurs: 

  1. in case of the successful completion of the Online Transaction upon Buyer’s confirmation, all the funds will be remitted to Vendor;
  2. in case of absence of the Buyer‘s confirmation of receipt of the goods within the time limit prescribed by Vendor and as agreed by My Renewable Energy-Australia , all the funds will be remitted to Vendor;
  3. in case of the cancellation of the Online Transaction, all the funds will be refunded to Buyer;
  4. in case of any settlement agreement reached by Buyer and Vendor, the funds will be disposed in accordance with such settlement agreement;
  5. in case that a dispute in relation to Transaction Services has been submitted to My Renewable Energy-Australia  marketplace s for My Renewable Energy-Australia ’s determination and My Renewable Energy-Australia’s determination has become final and binding according to My Renewable Energy-Australia  Transaction Services Agreement , the funds will be disposed in accordance with My Renewable Energy-Australia’s determination; or 
  6. if My Renewable Energy-Australia  or our affiliates receives any order, ruling, award or judgment from a competent court, arbitration tribunal or authority which directs us to release the funds, the funds will be disposed in accordance with such order, ruling, award or judgment.

My Renewable Energy-Australia does not hold any funds on behalf of Buyer, or in any escrow or trust relationship.   Vendor has requested that the settlement of funds to Vendor be delayed as provided in this clause above.

You acknowledge that My Renewable Energy-Australia  may also provide buyer protection plan for certain Online Transactions.  In case of Vendor who has been offered to subscribe the buyer protection plan, upon entering into a separate agreement with My Renewable Energy-Australia , Vendor may be required to provide deposits using the methods as designated by My Renewable Energy-Australia  on the My Renewable Energy-Australia  marketplace s to secure Vendor’s due performance of obligations under the relevant buyer protection plan.  Vendor agrees to permit and hereby authorise My Renewable Energy-Australia , which in turn instructs My Renewable Energy-Australia  to deduct, withhold and dispose any deposits provided in accordance with the terms under the relevant buyer protection plan. Buyer acknowledges and agrees that the protection afforded to you under a buyer protection plan applies to those Online Transactions where the Vendor subscribed to such plan and the purchase falls within the buyer protection plan’s scope.  Services described under clause 3.2 of this Agreement will not be applicable to you if Vendor subscribed to the buyer protection plan and such plan already covers your purchase.

When releasing any funds, My Renewable Energy-Australia  shall have the right to deduct any financial charges or service fees due and payable to My Renewable Energy-Australia  [if any] in such amount as instructed by My Renewable Energy-Australia  pursuant to the agreement between Vendor and My Renewable Energy-Australia .

Unclaimed funds will be held by My Renewable Energy-Australia  for a period of five years as instructed by My Renewable Energy-Australia , at which time, the Vendor will be deemed to have waived any claim in respect of such funds or, if required by applicable escheat laws, we will remit the funds (less any fees, if any and to the extent permitted under applicable laws) to the relevant competent authority.  You hereby agree that upon expiry of such period or upon remittance of such funds to the relevant competent authority in accordance to the applicable escheat laws, My Renewable Energy-Australia  will be relieved of any further obligation to pay those unclaimed funds to you.3.6   You acknowledge and agree that My Renewable Energy-Australia  may receive interest for the funds held on behalf of you pursuant to My Renewable Energy-Australia  Transaction Services rendered to you in accordance with applicable laws and you will not receive interest or other profits in relation to the My Renewable Energy-Australia  Transaction Services.

4.  Responsibilities

You represent and warrant that:

  1. you will use the My Renewable Energy-Australia  Transaction Services in good faith and in compliance with all applicable laws and regulations;
  2. the information and material you provide in connection with the use of the My Renewable Energy-Australia  Transaction Services is true, lawful and accurate, and is not false, misleading or deceptive;
  3. you will not use the My Renewable Energy-Australia  Transaction Services to defraud My Renewable Energy-Australia , our affiliates or other members or users or engage in other unlawful activities (including without limitation dealing in products or services prohibited by law);
  4. As a vendor of renewable energy products, you have the legitimate right and authorisation to sell, distribute or export the products using the Transaction Services and such products do not infringe any third party’s rights;
  5. As a vendor of renewable energy products,  you have good title to the products ordered under the Online Transaction, and the products meet the agreed descriptions and requirements; and
  6. As a vendor of renewable energy products,  you will provide the products ordered within reasonable time, care and in good condition.

If in My Renewable Energy-Australia’s opinion, any Vendor not acting in good faith, abusing the My Renewable Energy-Australia  Transaction Services, or in breach of this Agreement, My Renewable Energy-Australia  shall have the right to cancel the Online Transaction. 

You As a vendor of renewable energy products,  shall be solely responsible for payment of any taxes, duties or other local governmental levies or any financial charges that may be imposed by financial services supplied through the My Renewable Energy-Australia  Transaction Services or otherwise arising from the Online Transaction.

You agree to indemnify My Renewable Energy-Australia  and our affiliates and our employees, directors, officers, agents and representatives and to hold them harmless, from any and all losses, damages, actions, claims and liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, from your use of the My Renewable Energy-Australia  Transaction Services or from User’s breach of this Agreement.  My Renewable Energy-Australia  reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event Vendor shall cooperate with My Renewable Energy-Australia  in asserting any available defenses.

Member’s Responsibilities

Each Member represents, warrants and agrees that you have full power and authority to accept the Terms and authorisation and to perform the obligations hereunder;

  • you use the sites and services for business purposes only,
  • the address you provide when registering is the principal place of business of your business entity. 

    For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office.

    Member will be required to provide information or material about your entity, business or products/services as part of the registration process on the sites or your use of any service or the member account.  Each member represents, warrants and agrees that;

    • Such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the sites or service is true, accurate, current and complete.
    • You will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

      Upon becoming a member, you consent to the inclusion of the contact information about you in our Vendor Database and authorise My Renewable Energy-Australia and our affiliates to share product information with other users or otherwise use your personal information in accordance with the Privacy Policy.

      Each Member represents, warrants and agrees that;

      • You shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any user content that you submit, post or display;
      • any user content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”);
      • you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights.

        Each member further represents, warrants and agrees that the user content that you submit, post or display shall:

        • be true, accurate, complete and lawful;
        • not be false, misleading or deceptive;
        • not contain information that is defamatory, libellous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors;
        • not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
        • not violate the Product Listing Policy, other Terms or any applicable Additional Agreements
        • not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations;
        • not contain any link directly or indirectly to any other web sites which includes any content that may violate the terms.

          Each Member further represents, warrants and agrees that you shall:

          • carry on your activities on the sites in compliance with any applicable laws and regulations;
          • conduct your business transactions with other users of the sites in good faith;
          • carry on your activities in accordance with the terms and any applicable additional agreements;
          • not use the services or sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
          • not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
          • not engage in spamming or phishing;
          • not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability,  etc) or encourage or abet any unlawful activities;
          • not involve attempts to copy, reproduce, exploit or expropriate My Renewable Energy-Australia’s various proprietary directories, databases and listings;
          • not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
          • not involve any scheme to undermine the integrity of the data, systems or networks used by My Renewable Energy-Australia and/or any user of the sites or gain unauthorised access to such data, systems or networks;
          • not engage in any activities that would otherwise create any liability for My Renewable Energy-Australia or our affiliates.

            Member may not use the services and member account to engage in activities which are identical or similar to My Renewable Energy-Australia’s marketplace online services and business.

            If Member provides a business referee, member represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from your business partners and associates to;

            • act as your business referee;
            • post and publish their contact details and information, reference letters and comments on their behalf;
            • that third parties may contact such business referees to support claims or statements made about you.
            • You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business referees without the need to obtain your consent.
            • Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for My Renewable Energy-Australia’s provision of the services, evaluating whether member has breached the terms and/or handling any complaint against the member.  If member’s failure to do so results in delay in, or suspension or termination of, the provision of any service, My Renewable Energy-Australia shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.
            • Member acknowledges and agrees that My Renewable Energy-Australia shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the services or sites. My Renewable Energy-Australia does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any member. Each member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information
            • Member acknowledges and agrees that the services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use.
            • Member acknowledges and agrees that each member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the site and services are in compliance with the same.

            Member Accounts

            User must be registered on the sites to access or use some services (a registered User is also referred to as a “Buyer or Vendor” below). Except with My Renewable Energy-Australia’s approval, one user may only register one account on the My Renewable Energy-Australia sites. My Renewable Energy-Australia may cancel or terminate a user’s member account if My Renewable Energy-Australia has reasons to suspect that the user has concurrently registered or controlled two or more member accounts. Further, My Renewable Energy-Australia may reject user’s application for registration for any reason.

            Upon registration on the sites, My Renewable Energy-Australia shall assign an account and issue a member ID and password (the latter shall be chosen by a registered User during registration) to each registered User. An account may have a web-based email account with limited storage space for the member to send or receive emails.

            The Member ID and password is unique to a single account. You the member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No member may share, assign, or permit the use of your member account, ID or password by another person outside of the member’s own business entity. Member agrees to notify My Renewable Energy-Australia immediately if you become aware of any unauthorised use of your password or your account or any other breach of security of your account.

            Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorised by the member.

            Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "multiple use"), may cause irreparable harm to My Renewable Energy-Australia or other users of the sites. Member shall indemnify My Renewable Energy-Australia, our affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of your account. Member also agrees that in case of the multiple use of your account or member’s failure to maintain the security of your account, My Renewable Energy-Australia shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate member’s account without liability to member.

            Condition of Access

            As a condition of your access to and use of the sites or services, you agree that you will comply with all applicable laws and regulations when using the sites or services.

            You agree to use the sites or services solely for your own private and internal purposes. You agree that;

            • You will not copy, reproduce, download, re-publish, sell, distribute or resell any services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc available on or through the sites (the “Site Content”),
               
              • You will not copy, reproduce, download, compile or otherwise use any site content for the purposes of operating a business that competes with My Renewable Energy-Australia, or otherwise commercially exploiting the site content. systematic retrieval of site content from the sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from My Renewable Energy-Australia is prohibited.
              • Use of any content or materials on the sites for any purpose not expressly permitted in the Terms is prohibited.
              • You must read My Renewable Energy-Australia’s Privacy Policy which governs the protection and use of personal information about Users in the possession of My Renewable Energy-Australia and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
              • My Renewable Energy-Australia may allow users to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' web sites. You are cautioned to read such web sites' terms and conditions and/or privacy policies before using the sites. You acknowledge that My Renewable Energy-Australia has no control over such third parties' web sites, does not monitor such web sites, and shall not be responsible or liable to anyone for such web sites, or any content, products or services made available on such web sites.
              • You agree not to undertake any action to undermine the integrity of the computer systems or networks of My Renewable Energy-Australia and/or any other user nor to gain unauthorised access to such computer systems or networks.
              • You agree not to undertake any action which may undermine the integrity of My Renewable Energy-Australia’s feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another user.
              • By posting or displaying any information, content or material (“User Content”) on the sites or providing any user content to My Renewable Energy-Australia or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to My Renewable Energy-Australia to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the user content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the sites, the provision of any services and/or the business of the user.

                Personal Data Privacy

                You agree that we may collect, hold, use and transfer your personal data in accordance with the Privacy Policy  of the My Renewable Energy-Australia  marketplace s.

                Suspension of Systems

                • If you are unable to use the My Renewable Energy-Australia  Transaction Services directly or indirectly due to any of the following reasons, you agree you will not hold My Renewable Energy-Australia  its affiliates or agents liable for any default, delay or failure in performing its obligations under this Agreement:
                  • system suspension which has been announced by My Renewable Energy-Australia  in advance;
                  • any Force Majeure Event (as defined under Clause 8).

                Breaches by Members

                My Renewable Energy-Australia reserves the right in our sole discretion to remove, modify or reject any user content that you submit to, post or display on the sites which we reasonably believe is unlawful, violates the terms, could subject My Renewable Energy-Australia or our affiliates to liability, or is otherwise found inappropriate in My Renewable Energy-Australia’s opinion.

                If any member breaches any terms or if My Renewable Energy-Australia has reasonable grounds to believe that any member is in breach of any the terms, My Renewable Energy-Australia shall have the right to impose a penalty against the member, or suspend or terminate the member’s account or subscription of any service without any liability to the member.   My Renewable Energy-Australia shall also have the right to restrict, refuse or ban any and all current or future use of any other service that may be provided by My Renewable Energy-Australia.  The penalties that My Renewable Energy-Australia may impose include, among others, warning, removing any product listing or other user content that the member has submitted, posted or displayed, imposing restrictions on the number of product listings that the member may post or display, or imposing restrictions on the member’s use of any features or functions of any service for such period as My Renewable Energy-Australia may consider appropriate in our sole discretion.

                Without limiting the generality of the provisions of the terms, a member would be considered as being in breach of the terms in any of the following circumstances:

                • upon complaint or claim from any third party, My Renewable Energy-Australia has reasonable grounds to believe that such member has will-fully or materially failed to perform your contract with such third party including without limitation where the member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party;
                • My Renewable Energy-Australia has reasonable grounds to suspect that such member has used a stolen credit card or other false or misleading information in any transaction with a counter party;
                • My Renewable Energy-Australia has reasonable grounds to suspect that any information provided by the member is not current or complete or is untrue, inaccurate, or misleading;
                • My Renewable Energy-Australia believes that the member’s actions may cause financial loss or legal liability to My Renewable Energy-Australia or our affiliates or any other users.

                  My Renewable Energy-Australia reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, My Renewable Energy-Australia may disclose the member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.  My Renewable Energy-Australia shall not be liable for damages or results arising from such disclosure, and member agrees not to bring any action or claim against My Renewable Energy-Australia for such disclosure.

                  If a Member is in breach of the terms, My Renewable Energy-Australia also reserves the right to publish the records of such breach on the sites.  If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, My Renewable Energy-Australia also reserves the right to disclose the records of such breach to our affiliates. Such My Renewable Energy-Australia affiliates may impose limitation on, suspend or terminate the member’s use of all or part of the services provided by such affiliates to the member, take other remedial actions, and publish the records about the member’s breach of the terms on the websites operated by or controlled by such My Renewable Energy-Australia affiliates.

                  My Renewable Energy-Australia may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the member’s use of any service or the sites without being liable to the member if My Renewable Energy-Australia has received notice that the member is in breach of any agreement or undertaking with any affiliate of My Renewable Energy-Australia and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities.  My Renewable Energy-Australia shall have the right to publish the records of such breach on the sites. My Renewable Energy-Australia shall not be required to investigate such breach or request confirmation from the member.

                  Each Member agrees to indemnify My Renewable Energy-Australia, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any user content, from your use of the sites or services, or from your breach of the terms.

                  Each Member further agrees that My Renewable Energy-Australia is not responsible, and shall have no liability to you or anyone else for any user content or other material transmitted over the sites, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each member. My Renewable Energy-Australia reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the member, in which event the member shall cooperate with My Renewable Energy-Australia in asserting any available defences.

                  Force Majeure

                  Under no circumstances shall My Renewable Energy-Australia  its affiliates or agents shall be held liable for any default, delay or failure in performing its obligations under this Agreement resulting directly or indirectly from acts of nature, forces or causes beyond such party’s, its affiliates or agents’ reasonable control, including without limitation;

                  1. a fire, flood, elements of nature or other acts of God,
                  2. an outbreak or escalation of hostilities, war, riots or civil disorders, or an act of terrorism;
                  3. Internet failures, computer, telecommunications, electrical power failures or any other equipment failures;
                  4. a labor dispute [whether or not employees’ demands are reasonable or within the party’s power to satisfy],
                  5. acts or omissions of a government authority prohibiting or impeding the affected party [or its affiliates or agents] from performing its obligations under this Agreement, including orders of domestic or foreign courts or tribunals, governmental restrictions, sanctions, restrictions on foreign exchange controls, etc. or
                  6. the nonperformance by a third party for any similar cause beyond the reasonable control of the Party [collectively, a “Force Majeure Event”].  If a Force Majeure Event occurs, the non-performing party will be excused from any further performance of the obligations affected by the event only for as long as the Force Majeure Event continues and the party continues to use commercially reasonable efforts to resume performance.

                  Intellectual Property Rights 

                  My Renewable Energy-Australia is the sole owner or lawful licensee of all the rights and interests in the sites and the site content. The sites and site content embody trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the sites and site content shall remain with My Renewable Energy-Australia, our affiliates or licensors of the site content, as the case may be. All rights not otherwise claimed under the terms or by My Renewable Energy-Australia are hereby reserved.

                  "My Renewable Energy-Australia", “MRE" related icons and logos are registered trademarks or trademarks or service marks, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorised copying, modification, use or publication of these marks is strictly prohibited.

                  My Renewable Energy-Australia may have independent third parties involved in the provision of the services (e.g., the authentication and verification service providers).  You may not use any trademark, service mark or logo of such independent third parties without prior written approval from such parties.

                  Governing Law; Jurisdiction

                  Jurisdiction

                  This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of Australia. You irrevocably consent to the exclusive jurisdiction of the courts of Australia, in connection with any action to enforce the provisions of this Agreement, to recover damages or other relief for breach or default under this Agreement, or otherwise arising under or by reason of this Agreement.

                  If any dispute or claim arises from or in connection with this Agreement, an Online Transaction or your use of the My Renewable Energy-Australia  Transaction Services (“Dispute”), the relevant parties shall resolve the Dispute through amicable negotiations.  If any Dispute arises between Buyer and Vendor in connection with an Online Transaction, you agree that such Dispute shall be resolved in accordance with the procedures set forth in this clause of the My Renewable Energy-Australia  Transaction Services Agreement  only.  If you initiate any legal proceedings against My Renewable Energy-Australia  or our affiliates in breach of this clause of the My Renewable Energy-Australia  Transaction Services Agreement, you shall indemnify and hold My Renewable Energy-Australia  and our affiliates, agents, employees, directors, officers and agents harmless and indemnified against any claim, losses, damages that may be suffered by us.

                  In any event, you may not make any claim against My Renewable Energy-Australia  or our affiliates under this Agreement after one year from the date of occurrence of the matter giving rise to the claim.

                  Notwithstanding the foregoing provisions, either party may seek injunctive or other equitable relief against the other party in any court of competent jurisdiction prior to or during the arbitration. 

                  GOVERNING CONSUMER LAW. 

                  THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF AUSTRALIA WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.

                  Amicable Negotiation:.

                  If any dispute or claim arises from or in connection with this Agreement, an Online Transaction or your use of the Transaction Services (“Dispute”), the relevant parties shall resolve the Dispute through amicable negotiations.

                  DISPUTE BETWEEN BUYER AND VENDOR: 

                  IN CASE A DISPUTE ARISES BETWEEN BUYER AND VENDOR  FROM OR IN CONNECTION WITH AN ONLINE TRANSACTION, IF THE DISPUTE IS NOT RESOLVED THROUGH AMICABLE NEGOTIATION WITHIN THE PRESCRIBED TIME PERIOD ACCORDING TO THE RELEVANT TRANSACTIONAL TERMS, YOU AGREE TO SUBMIT THE DISPUTE TO MY RENEWABLE ENERGY-AUSTRALIA FOR DETERMINATION.  IF YOU ARE DISSATISFIED WITH MY RENEWABLE ENERGY-AUSTRALIA   DETERMINATION, YOU MUST APPLY TO THE AUSTRALIAN ARBITRATION COMMISSION (“AUSTRALIA”) FOR ARBITRATION AND NOTIFY MY RENEWABLE ENERGY-AUSTRALIA  OF SUCH APPLICATION WITHIN 20 CALENDAR DAYS AFTER My Renewable Energy-Australia  DETERMINATION.  IF EACH OF BUYER AND VENDOR  IN THE DISPUTE DOES NOT APPLY FOR ARBITRATION WITHIN THE ABOVE 20 CALENDAR DAYS, EACH OF THE BUYER AND THE VENDOR  SHALL BE DEEMED TO HAVE AGREED THAT My MY RENEWABLE ENERGY-AUSTRALIA    DETERMINATION SHALL BE FINAL AND BINDING ON YOU.  WITH A FINAL DETERMINATION, IN THE CASE THE ONLINE TRANSACTION ADOPTS THE PAYPAL PAYMENT SERVICES, My Renewable Energy-Australia  MAY INSTRUCT PAYPAL PAYMENT SERVICES TO DISPOSE THE FUNDS HELD BY PAYPAL PAYMENT SERVICES  ACCORDING TO SUCH DETERMINATION, AND IN THE CASE THE ONLINE TRANSACTION ADOPTS MY RENEWABLE ENERGY-AUSTRALIA  SERVICES, MY RENEWABLE ENERGY-AUSTRALIA   MAY DISPOSE OF THE FUNDS HELD MY RENEWABLE ENERGY-AUSTRALIA  ACCORDING TO SUCH DETERMINATION.  FURTHER, EACH OF BUYER AND VENDOR  SHALL BE DEEMED TO HAVE WAIVED ANY CLAIM AGAINST MY RENEWABLE ENERGY-AUSTRALIA , PAYPAL PAYMENT SERVICES  AND OUR AFFILIATES AND AGENTS.

                  Other Disputes:

                   In case a Dispute arises between you and My Renewable Energy-Australian in any other circumstances, if the Dispute is not resolved between you and Renewable Energy-Australian, you and My Renewable Energy-Australian agree that the Dispute shall be finally resolved by arbitration located in the arbitration courts of Australia.

                  ARBITRATION: 

                  IF ANY DISPUTE IS SUBMITTED TO THE FOR ARBITRATION, THE ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE RULES IN FORCE AT THE TIME OF APPLYING FOR ARBITRATION AS AMENDED BY THIS CLAUSE.  THE ARBITRATION PANEL SHALL CONSIST OF ONE SINGLE ARBITRATOR.  UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH AND IN AUSTRALIA.  THE ARBITRATION SHALL BE CONDUCTED BY TELEPHONE, ONLINE AND/OR SOLELY BASED ON WRITTEN SUBMISSIONS AS SPECIFIED BY THE PARTY INITIATING THE ARBITRATION, PROVIDED THAT THE ARBITRATION SHALL NOT INVOLVE ANY PERSONAL APPEARANCE BY THE PARTIES OR WITNESSES UNLESS OTHERWISE AGREED BY THE PARTIES.  THE ARBITRATION AWARD RENDERED, SHALL BE FINAL AND BINDING ON ALL THE RELEVANT PARTIES. THE ARBITRATION EXPENSES SHALL BE BORNE BY THE LOSING PARTY UNLESS OTHERWISE DETERMINED IN THE AWARD.

                  Indemnification: 

                  If you initiate any legal proceedings against My Renewable Energy-Australian or our affiliates in breach of this clause, including any legal proceedings disputing My Renewable Energy-Australian  determination which has become binding on you according to this clause, you shall hold My Renewable Energy-Australian and our affiliates, agents, employees, directors, officers harmless and indemnified against any claim, losses, damages that may be suffered by us.

                  Notices

                   Except as explicitly stated otherwise, legal notices shall be served on you by sending notices to the email address in your latest membership profile on the My Renewable Energy-Australian Sites.  Notice shall be deemed given 24 hours after email is sent, unless we are notified that the email address is invalid.   Alternatively, we may give you legal notices by mail to the address in your latest membership profile in which case the notice shall be deemed given five days after the date of mailing.  Except as explicitly stated otherwise, legal notices shall be served on My Renewable Energy-Australian by sending the notices to My Renewable Energy-Australian at [86 Brookes St, Fortitude Valley QLD 4006 | PO Box 78 Hamilton, QLD 4007]

                  Limitation Period: 

                  In any event, you may not make any claim against My Renewable Energy-Australian or our affiliates under this Agreement after one year from the occurrence of the matter giving rise to the claim.

                  Injunctive Relief: 

                  Notwithstanding the foregoing provisions, either party may seek injunctive or other equitable relief against the other party in any court of competent jurisdiction prior to or during the arbitration.

                  General Provisions

                  Entire Agreement:

                  This Agreement constitutes the entire agreement between you and My Renewable Energy-Australian with respect to and governs the use of the Transaction Services, superseding any prior written or oral agreements in relation to the same subject matter herein.

                  Severance: 

                  If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

                  Headings: 

                  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

                  Independent Contractor: 

                  No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

                  No Waiver: 

                  Any failure by My Renewable Energy-Australian and our affiliates to exercise any of our rights under this Agreement shall not constitute a waiver of such right or a waiver with respect to subsequent or similar breach.  A waiver shall be effective only if made in writing.

                  Assignment: 

                  My Renewable Energy-Australian shall have the right to assign this Agreement (including all of our rights, titles, benefits, interests, and obligations and duties in this Agreement) to any of our affiliates and to any successor in interest.  My Renewable Energy-Australian may delegate certain of My Renewable Energy-Australian rights and responsibilities under this Agreement to independent contractors or other third parties.  You may not assign, in whole or part, this Agreement to any person or entity.

                  General Provisions 

                  Subject to any additional agreements, the terms constitute the entire agreement between you and My Renewable Energy-Australia with respect to and govern your use of the sites and services, superseding any prior written or oral agreements in relation to the same subject matter herein.

                  My Renewable Energy-Australia and you are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

                  If any provision of the terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.

                  Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

                  My Renewable Energy-Australia’s failure to enforce any right or failure to act with respect to any breach by you under the terms will not constitute a waiver of that right nor a waiver of My Renewable Energy-Australia’s right to act with respect to subsequent or similar breaches.

                  My Renewable Energy-Australia shall have the right to assign the terms (including all of our rights, titles, benefits, interests, and obligations and duties in the terms to any person or entity (including any affiliates of My Renewable Energy-Australia). You may not assign, in whole or part, the terms to any person or entity.

                  Acceptance of Terms

                  1. You acknowledge that you have read this Agreement prior to your use of My Renewable Energy-Australia Services.  Each time you use My Renewable Energy-Australia  Services you confirm that you agree to be bound by the terms and conditions of this Agreement and any subsequent amendments or modifications as may be made from time to time.
                  2. As some or part of the My Renewable Energy-Australia Services may be supported and provided by affiliates of My Renewable Energy-Australia. My Renewable Energy-Australia  may delegate some of the My Renewable Energy-Australia Services to its affiliates, who you agree may invoice you for their part of the My Renewable Energy-Australia Services.
                  3. We may amend this Agreement any time by posting an updated version at www.My Renewable Energy-Australia   [the “My Renewable Energy-Australia  marketplace ”].   The updated version of this Agreement shall take effect immediately upon posting.   By continuing to use the My Renewable Energy-Australia Services, you agree to that the amended terms will apply to you.

                   

                  Kenneth J Scott

                  CEO | My Renewable Energy-Australia Australia. 

                  E: knescott@myrenewableenergy.com.au