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Terms of Service

  1. The Clean Energy Council Limited (CEC) owns all intellectual property rights in the Solar PV Sale and Installation Agreement (Agreement).
  2. The Licensee must not remove these terms of use or any copyright statement from the Agreement.
  3. The Agreement must only be used by a party designated by the CEC as a "Licensee" for the Agreement.
  4. The Licensee is only permitted to use the Agreement as the basis for creating an agreement between the Licensee and its end customers for the sale and installation of solar PV equipment (Permitted Purpose).
  5. The Licensee may tailor the Agreement for the Permitted Purpose. Use of the Agreement for any other purpose is prohibited.
  6. The Licensee must not make claims of any nature in relation to its association with the CEC, including that it is accredited, approved or endorsed by the CEC, or that it is compliant with the Solar Retailer Code of Conduct, as a result of being granted a license to use this Agreement.
  7. If the Licensee does not accept the following, then the Licensee must not use the Agreement. The CEC has prepared the Agreement as "model" terms without the requirements of any particular supplier or supply arrangement in mind. In using the Agreement, the Licensee accepts full responsibility for:
    • obtaining expert advice for the Licensee's use of the Agreement;
    • compliance with all applicable laws relating to use of the Agreement and its subject-matter; and
    • reflecting the Licensee's requirements in the Agreement.

Solar PV Sale and Installation Agreement

Terms and Conditions
  1. Introduction

    Who does this agreement apply to?

    1.1 This agreement is between:

    1. Polygon Energy Pty Ltd ATF Polygon Energy Trading Trust T/AS Polygon Energy, ABN: 32 687 351 567, referred to as “we” or “us”; and
    2. the customer named in the Quote, referred to as “you”. What is this agreement made up of?

    1.2 This agreement is made up of:

    1. these Terms and Conditions; and
    2. the Quote attached to these Terms and Conditions.

    What does this agreement cover?

    1.3 The agreement covers:

    1. your purchase from us of the solar photovoltaic system and other equipment, referred to as the "System" and described in the Full System Design attached to this agreement; and
    2. delivery and installation of the System at your Premises.

    When does this agreement start and end?

    1.4 This agreement starts when you accept our offer set out in the Quote, which you can do by:

    1. signing and posting or delivering the Quote to our address as set out in the Quote;
    2. signing, scanning and emailing the Quote to our email address as set out in the Quote; or
    3. accepting the offer over the telephone, by calling our telephone number as set out in the Quote (in which case we will send you a full copy of this agreement, by post or email, within one week after your acceptance).

    1.5 However, your purchase of the System will not become final until all of the following conditions have been satisfied:

    1. you have paid us the Deposit; and
    2. your electricity distributor (the company that actually delivers electricity to the Premises) has granted Grid Connection Approval.

    1.6 This agreement ends when we have finished installing and commissioning the System, unless we or you end it earlier in accordance with its terms.

    1.7 If we have delivered and installed the System, then after the agreement ends the guarantees and related terms in clause 11 will continue for the Guarantee Period. Other rules

    1.8 In addition to this agreement, various laws and codes, including the Australian Consumer Law and, if we have volunteered to be bound by it, the CEC Solar Retailer Code of Conduct, also contain rules applicable to the sale and installation of solar photovoltaic systems, and we will comply with these rules in selling you the System and installing it at the Premises. Capitalised terms have special definitions

    1.9 Capitalised terms used in the agreement have the meanings given to them in clause 16.

  2. Sale of the System

    2.1 Provided the conditions in clause 1.5 have been satisfied, we agree to sell, and you agree to purchase, the System on the terms of this agreement.

  3. Payment

    Payment of the Deposit

    3.1 You must pay us the Deposit at the same time as you accept our offer set out in the Quote.

    Payment of the Balance

    3.2 You must pay us the Balance at the same time as we deliver the System to the Premises.

    3.3 Title in the System passes to you on payment of the Balance, provided you have already paid the Deposit and all other amounts you owe us.

    Payment methods

    3.4 Payments under this agreement can be made by bank cheque, money order, cash, debit card, credit card or direct deposit.

    When payment is taken to be made

    3.5 You will be taken to have made payment on the date on which we receive your payment as cleared funds in our bank account. Cancellation

    Cancellation

    3.6 If you decide to cancel after the cooling off period has expired, then an additional 30% restocking fee of the contract value will be charged.

  4. Refunds

    4.1 If you have paid us money under this agreement, but the agreement ends for any of the following reasons before we install the System at your Premises, then when the agreement ends we will promptly refund all of the money you have paid:

    1. if we have not delivered and installed the System at the Premises within 4 weeks after the original Target Date, and you choose to end the agreement under clause 7.7;
    2. if we give you notice of a price increase under clause 5, and you choose to end the agreement in accordance with clause 5.3 rather than accept the price increase; or
    3. Grid Connection Approval is refused.
    4. If any of the equipment quoted is unattainable and you do not agree to equipment of a similar quality to be substituted
  5. Price increases

    5.1 Subject to clause 5.2, we can increase the price of:

    1. the System or any part of it;
    2. the installation of the System; or
    3. any other item specified in the Quote, to cover any new or increased cost in selling and installing the System under this agreement.

    5.2 We can only increase prices under clause 5.1 if:

    1. it is reasonable to do so;
    2. we are not prohibited by law from doing so; and
    3. we give you written notice of the increase at least one week before the Target Date set out in the Quote, or, if we have notified you of a new Target Date under clause 7.6, that new Target Date.

    5.3 If we give you notice of a price increase and you prefer to end this agreement rather than accept the price increase, you can end the agreement in accordance with clause 5.4 and, if you do, we will give you any refund required under clause 4.1(b).

    5.4 You can end this agreement under clause 5.3 by:

    1. calling us on our telephone number as set out in the Quote; or
    2. giving us written notice of this, by post or email, before the Target Date set out in the Quote, or, if we have notified you of a new Target Date under clause 7.6, that new Target Date.

    5.5 If we send you notice of a price increase and you do not end this agreement under clause 5.3 by the relevant date, you will be taken to have agreed to the price increase.

  6. Approvals

    Grid Connection Approval

    6.1 We will apply for Grid Connection Approval on your behalf. In doing this, we will:

    1. make the application as soon as possible;
    2. keep you updated on the progress of the application;
    3. respond, within a reasonable timeframe, to any information or other requests from the distributor; and
    4. promptly give you notice of the outcome of the application.

    6.2 Your purchase of the System is subject to Grid Connection Approval being granted.

    6.3 If Grid Connection Approval is refused, then this agreement will end and we will give you any refund required under clause 4.1(c).

    Other approvals

    6.4 You are responsible for applying for and obtaining any other approvals, permits or consents required in respect of the installation of the System at the Premises.

    6.5 You must apply for these approvals, permits and consents as soon as possible.

    6.6 The sale and installation of the System, and your and our other obligations under this agreement, are not dependent on and will not be affected by whether and when you obtain these approvals, permits and consents.

  7. Delivery and installation

    Delivery

    7.1 Provided the conditions in clause 1.5 have been satisfied, we must, or must procure, the delivery of the System to the Premises.

    7.2 The risk of loss or theft of, or damage to, the System passes to you on delivery of the System to the Premises.

    Installation

    7.3 Provided you have paid the Balance, we must install, or must procure the installation of, the System at the Premises, in accordance with the Full System Design.

    Target Date

    7.4 We will use reasonable endeavours to deliver and install the System at the Premises on the Target Date.

    7.5 You agree, however, that:

    1. the Target Date is only a target and not a strict deadline; and
    2. we will not be liable to you if we fail to deliver and install the System at the Premises by the Target Date.

    7.6 We will notify you if we do not think we can deliver and install the System at the Premises by the Target Date, and give you a new Target Date.

    7.7 If we have not delivered and installed the System at the Premises within 4 weeks after the original Target Date, you can end this agreement and, if you do, we will give you any refund required under clause 4.1(a).

    Installation requirements

    7.8 We (if we install the System) or our contractor (if we procure a contractor to install the System) must:

    1. be a CEC-Accredited Installer; and
    2. install the System in accordance with the Clean Energy Council Design and Install Guidelines and all other requirements applicable to CEC-Accredited Installers.

    7.9 After installation of the System, we will give you any certificate or similar document regarding the electrical safety of the System which is required by law.

    7.10 We will take every reasonable precaution in installing the System at the Premises. However, we will not be liable in respect of:

    1. the structural integrity of the roof;
    2. the roof's ability to carry the weight of the System;
    3. any effect installation of the System has on any roof manufacturer’s warranty; or
    4. any damage to the roof or Premises which is not due to our negligence or breach of this agreement.
  8. Accessing the Premises

    You grant us permission to enter and remain at the Premises, and to have our contractors enter and remain at the Premises, to:

    1. conduct one or more site inspections, if we think this is necessary; and
    2. deliver and install the System, at any reasonable time, provided we give you at least 3 Business Days' notice of the proposed access time.

    8.2 You or your representative must be present at the Premises for any site inspection and for the delivery and installation of the System.

    8.3 You must:

    1. ensure we and our contractors have convenient and safe access to all parts of the Premises necessary to conduct any required site inspections or to deliver and install the System;
    2. not hinder or obstruct this access; and
    3. ensure the Premises, including its roof, supporting structures and electrical wiring, are sound and able to accommodate installation of the System.
  9. System maintenance

    9.1 We must provide you with the Maintenance Documents.

    9.2 It is your responsibility to maintain the System in accordance with these documents.

  10. System performance and STCs

    Site-Specific Performance Estimate

    10.1 We have calculated the Site-Specific Performance Estimate for the System and your Premises in accordance with the CEC System Design Guidelines.

    STC Incentive

    10.2 We have calculated the STC Incentive based on:

    1. the maximum quantity of STCs that can be created in respect of the System under law, taking into account the Site-Specific Performance Estimate; and
    2. the monetary value of that quantity of STCs, and deducted the STC Incentive from the System Price. Assignment of STCs to us

    10.3 You hereby assign to us all of your existing and future rights, title and interest in and to all STCs created or able to be created in respect of the System.

    10.4 You must do anything we reasonably request of you for the purpose of perfecting, confirming or evidencing this assignment, including providing information and executing documents.

    10.5 You warrant to us, when you accept the offer set out in the Quote and again on installation of the System, that you have not previously created, or assigned the right to create, any STCs in respect of the System or any other solar photovoltaic generating unit at the Premises.

    Charging you the STC Incentive

    10.6 If you do anything that:

    1. obstructs or avoids the assignment under clause 10.3;
    2. reduces the maximum quantity of STCs that can be created in respect of the System; or
    3. renders the System ineligible for the creation of STCs, then we can increase the Total Price by the amount of the STC Incentive, and you must pay us the STC Incentive within 10 Business Days of us invoicing you for it.

    Clause 5 does not apply to any increase of the Total Price increases under clause 10.6, and you cannot end the agreement as a result of a price increase, or refuse to accept it.

  11. System guarantees

    11.1 Subject to clause 11.2, we guarantee:

    1. our workmanship, and the workmanship of our contractors, in installing the System; and
    2. the operation and performance of the System, will be free from fault or defect for a period of 5 years commencing on the date the System is installed (Guarantee Period), and we will repair any such default or defect notified to us within the Guarantee Period, including by replacing all or part of the System where necessary, within a reasonable timeframe at no cost to you.

    11.2 The guarantee in clause 11.1 will not apply where:

    1. the fault or defect is not notified to us within the Guarantee Period; or
    2. the fault or defect is a result of:
      1. something done by you or someone else, and not us or our contractors; or
      2. something beyond human control that occurred after installation, e.g., an extreme weather event;
      3. the System being misused, abused, neglected or damaged after installation;
      4. the System being maintained other than in accordance with the Maintenance Documents; or
      5. the System being repaired, modified, reinstalled or repositioned by anyone other than a service technician approved by us in writing.

    11.3 The guarantee in clause 11.1 is additional to any other guarantee or warranty you may have:

    1. from the manufacturer of the System; or
    2. under any applicable law, including the Australian Consumer Law, although these other guarantees and warranties may not cover labour costs, travel costs and delivery costs arising from a claim under these other guarantees and warranties. We will notify you if this is the case, and tell you the costs payable. The costs will be payable in advance.

    11.4 During the Guarantee Period, we will provide reasonable assistance to you in making any guarantee or warranty claim against the manufacturer of the System, including by acting as your liaison with the manufacturer.

  12. Complaints

    Making a complaint

    12.1 If you have a complaint relating to the System, its installation or this agreement generally, you can make a complaint to us by:

    1. calling us on our telephone number as set out in the Quote; or
    2. giving us written notice of this, by post or email.

    12.2 We will handle your complaint in accordance with our standard complaints procedures. If we have volunteered to be bound by the CEC Solar Retailer Code of Conduct, then these procedures will comply with that Code, and with the Australian Standard on Complaints Handling AS ISO 10002-2006.
    To download the procedure click here

    12.3 If you are not satisfied with the outcome of your complaint, you can refer the complaint to with the relevant Fair Trading or Consumer Affairs office in your state or territory, as follows:

    ACT: Office of Regulatory Services
    Phone: (02) 6207 3000

    NSW: Fair Trading
    Phone: 13 32 20

    NT: Consumer Affairs
    Phone: 1800 019 319

    Qld: Office of Fair Trading
    Phone: 13 74 68

    SA: Consumer and Business Services
    Phone: 13 18 82

    Tas: Consumer Affairs and Fair Trading
    Phone: 1300 654 499

    Vic: Consumer Affairs
    Phone: 1300 558 181

    WA: Consumer Protection
    Phone: 1300 304 054

  13. Privacy

    13.1 We will comply with all relevant privacy legislation in relation to your personal information.

    13.2 If you have any questions in relation to privacy, you can contact us by:

    1. calling us on our telephone number as set out in the Quote; or
    2. giving us written notice of this, by post or email.
  14. What happens if you fail to perform this agreement

    14.1 If you:

    1. fail to pay any amount when due; or
    2. fail to perform your obligations in clause 8, then we may suspend our performance of this agreement with immediate effect, and will give you a notice asking you to make the required payment or perform the required obligation.

    14.2 If you fail to make the required payment or perform the required obligation within one week after the date of our notice, then we may end this agreement immediately by notice to you.

    14.3 If we end this agreement under clause 14.2, you must pay us any costs we incur as a result of ending the agreement, and any costs we have already incurred in respect of the delivery or installation of the System.

  15. GST

    15.1 All amounts specified in the Quote are inclusive of GST.

  16. General

    Notices

    16.1 Any notice under this agreement must be in writing and signed by the sender or by an authorised representative of the sender and sent to or left at the address of the addressee in the Schedule or, if the addressee has previously notified the sender in writing of an alternative address for notices, that alternative address.

    16.2 If the delivery or receipt of a notice occurs on a day which is not a Business Day or at a time after 5.00 pm in the place of receipt, it is regarded as having been received at 9.00am on the following Business Day. Assignment and novation of the agreement

    16.3 Neither party can assign its rights or novate its obligations under this agreement without the other party's prior written consent, not to be unreasonably withheld or delayed.

    Sub-contracting

    16.4 We may sub-contract any of our obligations under this agreement to a third party, provided that:

    1. if we sub-contract any obligations:
      1. we will ensure the relevant sub-contractor is suitable and performs all sub-contracted obligations in accordance with the requirements of this agreement;
      2. we will continue to be liable to you for the performance of our obligations under this agreement, even though we have sub-contracted one or more of those obligations; and
      3. we will be liable to you for the acts and omissions of our sub-contractors, as if these acts and omissions were our own; and
    2. our obligations in relation to the design or installation of the System can only be sub-contracted to a CEC-Accredited Installer

    Amendment of the agreement

    16.5 This Agreement can only be amended in writing signed by both parties.

    Waivers

    16.6 A waiver in connection with this agreement is not valid or binding on the party granting that waiver unless made in writing by that party.

    Severance

    16.7 Any term of this agreement which is or becomes invalid or unenforceable does not render the other terms of the agreement invalid or unenforceable.

    Governing law of the agreement and submission to jurisdiction

    16.8 The laws of the State or Territory in which the Premises are located govern this agreement, and each party irrevocably submits to the non-exclusive jurisdiction of courts with jurisdiction there

  17. Meaning of capitalised terms in this agreement

    Australian Consumer Law means the Australian Consumer Law as set out inSchedule 2 to the Competition and Consumer Act 2010 (Cth).

    Balance means the amount specified as such in the Quote, subject to anyadjustment of this amount in accordance with clause 5.1 or 10.6.

    Business Day means a day which is not a Saturday, Sunday or public holiday in theState or Territory in which the Premises are located.

    CEC-Accredited Installer means an installer of solar photovoltaic systemsaccredited in this capacity by the Clean Energy Council under the Clean Energy Council Code of Conduct and Accreditation Terms and Conditions.

    CEC System Design Guidelines means the Clean Energy Council System DesignGuidelines for Accredited Designers.

    Cooling Off Period means a period of 10 days from the date of quote acceptance within which if the customer decides not to proceed with the goods and services associated with this contract, a full refund will be made to the customer. The cooling off period does not apply to solicited leads, in which case no refund will be made

    Deposit means the amount specified as such in the Quote, subject to any adjustmentof this amount in accordance with clause 5.1 or 10.6.

    Full System Design includes theSystem design and specifications, proposed roofplan, System orientation and tilt, expected efficiency and the Site-Specific Performance Estimate calculations, as set out in Attachment 1.

    Grid Connection Approval means approval from your electricity distributor for theconnection of the System to the electricity grid at the Premises.

    GST has the meaning given in theA New Tax System (Goods and Services Tax)Act 1999 (Cth).

    Guarantee Period has the meaning given to it in clause 11.1

    Maintenance Documents means the System maintenance documents listed inAttachment 2 to this agreement.

    Premises mean the premises at the address specified in the Quote.

    Privacy Act means thePrivacy Act 1988(Cth).

    Quote means the document titled as such which forms part of this agreement and isattached to the Terms and Conditions.

    Site-Specific Performance Estimate means our site-specific estimate of theaverage daily energy yield of the System for each month, in kWh, as set out in the Full System Design

    STC means a small-scale technology certificate created under theRenewableEnergy (Electricity) Act 2000 (Cth).

    STC Incentive means the amount specified as such in the Quote

    System means the solar photovoltaic system and other equipment we are to deliverand install at the Premises under this agreement, as described in the Full System Design.

    System Price means the amount specified as such in the Quote.

    Target Date means the date specified as such in the Quote, subject to any variationof that date in accordance with clause 7.6.

    Total Price means the amount specified as such in the Quote.

privacy policy

  1. Introduction

    This privacy policy (Policy) is issued by Smart Renewables Pty Ltd, ABN 32 168 981 780 trading as Polygon Energy (we, us or our), for individuals whose personal information we collect and hold (you or your) and sets out the way we manage your personal information, including:

    1. the kinds of personal information that we collect and hold;
    2. how we collect and hold personal information;
    3. the purposes for which we hold, use, and disclose personal information;
    4. how you can access personal information we hold about you and seek correction of such information;
    5. how you can complain if we breach the applicable privacy principles (or any related code of practice that binds us) and how we will handle such a complaint; and
    6. the circumstances under which we may disclose your personal information to overseas recipients.

    This Policy is made available without charge at www.polygonenergy.com.au/privacy but you may request a copy in another form by writing to the address set out below.

  2. Applicable Law

    In relation to the personal information of Australian residents, this Policy is issued subject to the Privacy Act 1988 (Cth) as amended, applicable related regulations as amended, applicable related codes of practice as amended and successors to any of those (Australian Law).

  3. Collection of Personal Information
    1. What kinds of personal information do we collect?

      The basic personal information we collect about you is your name, your address and your contact information (e.g. email, phone, mobile number, address etc.).

      If you make payment to us, we may also collect one or more of credit card information, debit card information, EFT information, bank account and similar financial information.

      To the extent it would be impracticable to obtain it directly from you, we also collect other personal information about you from time to time from third party sources where it is relevant to the conduct of our business functions and activities (such as credit scoring information and consumer preference information).

      Sometimes, you may voluntarily disclose other information to us in the course of your dealings with us or with our representatives. If this information comprises or contains one or both of unsolicited personal information or sensitive personal information, such information will be further dealt with as set out below.

      In addition to personal information (i.e. information that identifies you individually), we may also collect information that relates to you but which has been anonymised or otherwise de-identified; this information is statistical in nature.

      Please note that as we expand our service offering and extend the apps and other software tools we make available to you, we may collect device-specific information (e.g. information relating to a specific phone or tablet), log information, GPS/WiFi location information and other tracking information; such information may also constitute personal information if it identifies you.

    2. Who do we collect the personal information from?

      Generally, we collect your personal information from you directly when you provide your name and contact details (e.g. when you request a quote, we conduct a site inspection for the purposes of providing a quote, you order products or systems from us, when we install products or systems at your address, when you request information from us, when you notify us of change of address, etc.). We also collect your personal information from third parties; these may include our shareholders, our business affiliates and our service providers.

    3. How do we collect the personal information?

      Generally, we collect your personal information from you directly when you provide your name and contact details (e.g. when you request a quote, we conduct a site inspection for the purposes of providing a quote, you order products or systems from us, when we install products or systems at your address, when you request information from us, when you notify us of change of address, etc.). We also collect your personal information from third parties; these may include our shareholders, our business affiliates and our service providers.

      To the extent it would be impracticable to obtain it directly from you, we also collect other personal information about you from time to time from third party sources where it is relevant to the conduct of our business functions and activities (such as credit scoring information and consumer preference information).

      Sometimes, you may voluntarily disclose other information to us in the course of your dealings with us or with our representatives. If this information comprises or contains one or both of unsolicited personal information or sensitive personal information, such information will be further dealt with as set out below.

      In addition to personal information (i.e. information that identifies you individually), we may also collect information that relates to you but which has been anonymised or otherwise de-identified; this information is statistical in nature.

      Please note that as we expand our service offering and extend the apps and other software tools we make available to you, we may collect device-specific information (e.g. information relating to a specific phone or tablet), log information, GPS/WiFi location information and other tracking information; such information may also constitute personal information if it identifies you.

    4. Why do we collect personal information? The purposes of the collection

      Within the general purpose of allowing us to carry out our business activities and functions, we collect your personal information to enable us to organise and carry out:

      1. Providing quotes, site inspections, placing orders, installing products or systems;
      2. Shipping and supply of our products (to us or to you as the case may be).
      3. Receipt (or making) of payment and associated payment processing
      4. Issuing invoices and account statements
      5. Issuing responses to your queries
      6. Recovering defaulted payment or monies owed (NB in the event that there is defaulted payment or monies owed by you to us, we may share relevant personal information with credit agencies and/or our debt collection agents)
      7. Competitions and special promotions
      8. Issue of refunds, credit notes, discount vouchers, reward vouchers and similar benefits
      9. Drop shipping of products (for bulky or specialist items)
      10. Product personalisation (if available)
      11. Credit scoring
      12. Use of internal and external business analytics tools (e.g. Google Ads)

      Please note: To the extent (if any) that we engage in direct marketing, both that activity and the corresponding purpose(s) of collection of your personal information are described in the section of this Policy headed ‘Direct Marketing’.

      If you do not provide us with some or all of the personal information we require (or the information you supply is materially incorrect or false) then it may not be possible for us to deal with you or continue to deal with you for the above purposes. In some cases (e.g. in relation to an account giving website access), supply of incomplete or incorrect information may lead to reduced functionality and/or restricted access to facilities that we provide (or may provide in the future).

  4. Direct Marketing

    We are an organisation that engages in direct marketing and so you may reasonably expect us to use your personal information for that purpose.

    After we collect your personal information from you, we may continue to use that personal information for the purpose of direct marketing to you for so long as we have not received an ‘opt out’ request from you.

    If we collect your personal information from a third party, we may continue to use or disclose that personal information for the purpose of direct marketing to you, subject to your consent to do so unless it is impracticable to obtain such consent, for so long as we have not received an ‘opt out’ request from you.

    You may also request that we (a) not use or disclose your personal information for the purpose of facilitating direct marketing by third parties and (b) identify the source of the personal information we hold about you.

    If you wish to request:

    1. to ‘opt out’ from receiving direct marketing communications from us;
    2. that we do not provide your personal information to third party for the purpose of facilitating direct marketing; or
    3. that we tell you where we sourced your personal information,

    then contact us as follows:

    Polygon EnergyHead Office: 1300 068 428 or hello@polygonenergy.net.au

    If we receive a request from you under (a) and (b) above, we will action your request within a reasonable period. If we receive a request from you under (c), we will notify you of the source within a reasonable period unless it is impracticable or unreasonable to so.

  5. Use or Disclosure
    1. Limited use or disclosure

      Unless we obtain your further consent, we will:

      1. only use or disclose your personal information for the purposes permitted or required by applicable law and otherwise in accordance with this Privacy Policy, and
      2. not allow third parties to hold, use or disclose personal information we collect from you except for purposes permitted or required by applicable law and otherwise in accordance with this Privacy Policy.
    2. Restriction on sale, rental or transfer

      We will not sell, rent or otherwise transfer your personal information to a third party except where:

      1. such sale, rental or other transfer is part of larger transaction affecting us (e.g. sale of the business, sale of shares, company group reorganisation, etc.);
      2. the information sold, rented or transferred has been anonymised or otherwise de-identified (such that it is no longer personal information); or
      3. the sale, rental or other transfer is covered by one of the limited and specific exceptions set out below.
    3. Our representatives

      We utilise a number of individuals to carry out business functions and activities on our behalf including not only employees but also contractors, sub-contractors, agents and commercial representatives expressly affiliated to us (all collectively being representatives).

      Our technical service providers are obliged to respect your privacy.

      You consent to our disclosure of your personal information to our representatives other than our employees, and to the use and disclosure of your personal information by such representatives when it becomes necessary to enable them to carry out business functions and activities on our behalf.

      To the extent that our technical service providers hold, use or disclose your personal information in connection with providing their services to us, you consent to such use and disclosure and our disclosure to them of your personal information.

    4. Other service providers

      In addition to our technical service suppliers, we use a number of other service providers in support of our business functions and activities, including couriers and suppliers.

      Our other service providers are obliged to respect your privacy.

      To the extent that our other service providers hold, use or disclose your personal information in connection with providing their services to us, you consent to such use and disclosure and our disclosure to them of your personal information.

    5. Business affiliates

      In addition to our representatives and service providers, we have commercial arrangements with a number of industry partners (e.g. ActewAGL) and other reputable business affiliates.

      Our business affiliates are obliged to respect your privacy.

      We will not disclose your personal information to our business affiliates except where:

      1. the information in question has been anonymised or otherwise de-identified (such that it is no longer personal information); or
      2. you have specifically consented to the disclosure of your information to the business affiliate for the purposes of accessing a particular product or service offered by the business affiliate.

      Only to the extent of the limited exceptions set out above, you consent to the disclosure by us of your personal information to our business affiliates and to their holding, using or disclosing your personal information.

    6. Overseas use or disclosure

      Some of our service providers and business affiliates are located overseas.

      To the extent that applicable law requires your consent to our transfer of your personal information to our service providers and business affiliates overseas, you consent to such transfer and to subsequent use and disclosure of your personal information by our overseas service providers and overseas business affiliates when necessary for them to provide their services and honour their commercial arrangements with us respectively.

    7. Required or authorised collection, use or disclosure

      If collection, use or disclosure of your personal information is required or authorised by law or by order of a court or tribunal, we will inform you of that requirement or permission with details (unless the law or order requires otherwise).

    8. Quality and Security of Personal Information

      We will take all reasonable measures to make sure that any personal information about you that we collect, hold, use or disclose is accurate, up-to-date and complete. If you are (or become) aware of any personal information that we hold about you that is not is accurate, up-to-date and complete, please contact us to let us know as soon as possible by contacting:

      Polygon EnergyHead Office: 1300 068 428 or hello@polygonenergy.net.au

      We will take all reasonable measures (including application of industry standards and industry best practice where possible) to protect your personal information from misuse, interference and loss, unauthorised access, unauthorised modification and unauthorised disclosure. To the extent we disclose your personal information to our representatives, our service providers and our business affiliates, they are subject to obligations in relation to privacy.

    9. Access to your Personal Information

      If you request access to your personal information, we will respond within a reasonable period and provide you with the information in the manner you request if it is reasonable and practicable to do so.

      Please note that we are not obliged to give you access as requested in some circumstances, including where the request is frivolous or vexatious, the request would have an unreasonable impact on the privacy of others or the request is denied in compliance with applicable law (or under a court or tribunal order).

      We will not charge you for making a request for access to your personal information.

      If the estimated cost to us to provide you with the information exceeds $10, we reserve the right to charge you on a cost recovery basis for providing access to your personal information.

      If we refuse to provide access to your personal information, we will issue a written notice that sets out the reasons for our refusal, the mechanisms to complain about our refusal and any other matters prescribed by applicable law. In relevant circumstances, we will consider providing an alternative means of access to your personal information to the refused means of access.

      If you wish to seek access to your personal information, please contact us at:

      Polygon EnergyHead Office: 1300 068 428 or hello@polygonenergy.net.au

    10. Correction of Personal Information

      We will take reasonable steps to correct your personal information to ensure that, having regard to the purpose(s) for which it is held, such information is accurate, up-to-date, complete, relevant and not misleading if we are satisfied that the information does not meet those thresholds.

      We may also correct your personal information upon request from you. If you wish request a correction of your personal information, please contact:

      Polygon EnergyHead Office: 1300 068 428 or hello@polygonenergy.net.au

      If you make such a request, we will respond within a reasonable period.

      If we correct your personal information and you request us to notify third parties to whom we have disclosed such information, we will take reasonable steps (if any) to give that notification unless it is impracticable or unlawful to do so.

      We may refuse your request to correct your personal information if it is not reasonable in the circumstances (e.g. the correction you request us to make is inaccurate).

      If we refuse your request to correct your personal information, we will issue a written notice that sets out the reasons for our refusal, the mechanisms to complain about our refusal and any other matters prescribed by applicable law.

      If, we refuse your request to correct your personal information and you request us to associate with your personal information a statement that the information is inaccurate, incomplete, irrelevant or misleading, we will take reasonable steps to associate the statement apparent to users of the information. If you make such a request, we will respond within a reasonable period.

      We will not charge you for making a request for correction to your personal information, for correcting your personal information or associating a statement with your personal information that it is inaccurate, irrelevant or misleading.

    11. Removing, Deleting or Destroying Personal Information

      We normally seek to remove, delete or destroy personal information from our records as soon it is no longer required. However, there may be circumstances where such removal, deletion or destruction is either delayed or not possible, including, in the case of our electronic record systems, in relation to backup, archival and general record-keeping processes. If for technical or other reasons, it is not possible to remove, delete or destroy personal information, we will put such information beyond use (e.g. in the case of our electronic record system, by marking an account inactive, by locking a record or by similar technical means) and we will not access it again unless either we are subsequently requested to do so by you or we are required or permitted to access it by applicable law.

  6. Miscellaneous
    1. Your dealings with us

      Because it makes it impracticable for us to carry out many of our core business functions and activities (e.g. order receipt, processing and despatch and installation of products and systems), you cannot normally deal with us anonymously or under another name (pseudonymously). However, if and where dealing with us anonymously or pseudonymously is practicable in respect of particular matters (e.g. providing online product reviews or posting to our other online forums), we will make that option available.

    2. Unsolicited personal information

      If in the course of communications with us or our representatives, you provide unsolicited personal information, we will review that information. If, upon review, that unsolicited information is relevant to our business functions or activities, we may hold, use or disclose that personal information consistently with your reason for disclosing it (for example, resolving a customer complaint).

    3. Sensitive personal information

      Please note that we do not seek to collect from you health information or other sensitive information as defined by Australian Law. However, if unsolicited personal information provided by you also includes health information or other sensitive information as defined by Australian Law, you consent to us holding, using or disclosing such health information or other sensitive personal information consistently with your reason for disclosing it (for example, resolving a customer complaint).

    4. Partial identification in commercial communications

      Sometimes in the course of our commercial communications (e.g. communication of written testimonials, product conversations, product-related tweets or similar), we may partially identify an individual by reference to part of that individual’s name and an area (e.g. suburb, region or state). To the extent that such information might identify you as an individual, you nevertheless consent to us holding, using or disclosing your personal information in that way.

  7. Making a Complaint

    If you wish to make a complaint with regard to a possible breach of this Policy or the Australian Privacy Principles, please contact:

    Polygon EnergyHead Office: 1300 068 428 or hello@polygonenergy.net.au

    For complaints regarding the handling of your other requests or enquiries in relation to this policy, please contact:

    Polygon EnergyHead Office: 1300 068 428 or hello@polygonenergy.net.au

  8. What happens to my complaint?

    When we receive your complaint we will contact you when reasonably practicable to let you know that we have received it.

    We will use reasonable endeavours to investigate your complaint and aim to resolve it. We may contact you for further information.

    We will write to you and let you know the outcome. We will use reasonable endeavors to resolve your complaint within 30 days however some complaints are more complex and take longer. We will keep you informed if this is the case.

    If for some reason we cannot resolve your complaint (for example, the issue is outside our responsibilities), we will write to you and let you know

    If we are unable to resolve your complaint, you may contact the Office of the Australian Information Commissioner (OAIC).

    OAIC website: http://www.oaic.gov.au

    OAIC telephone: 1300 363 992

    OAIC postal addresses: GPO Box 2999, Canberra, ACT 2601 or GPO Box 5218, Sydney NSW 2001

  9. Reminder – Helping Us to Help You

    While we will do what we can to make sure that your personal information is accurate, up-to-date and complete, we do need your help. If your personal information changes (e.g. because of a change of name, address or credit card provider), please contact us to let us know what those changes are.

  10. Policy Changes

    Please note that this Policy may change from time to time to take into account new laws and technology, changes to our operations and practices, and the changing business environment.

    We will make available the current version of our Policy, with a date and version notice, via our website(s) and, upon request, in other forms.

    If you do not accept this Policy as varied, we will no longer be able to accept or process orders from you or otherwise deal with you.

    If you place an order with us at or after any variation to this Policy, you acknowledge and understand that you are giving consent in relation to this Policy as changed, regardless of any alteration to the scope and nature of privacy that you enjoyed or may have enjoyed under any previous version of this Policy.