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Terms of Service

1. Acceptance of Terms

Heart and Solar Pty Ltd
Covella Estate
Greenbank, QLD 4124
Australia
Email: [email protected]

Heart and Solar ("Heart and Solar", "we", "us", or "our") owns and operates the website www.heartandsolar.com.au and any related websites hosted via the Wix.com platform, including all related services, software, tools, content, and functionality (collectively, the "Service").

These Terms of Service ("Terms") govern your access to and use of the Service. These Terms include and incorporate by reference any additional rules, policies, and procedures that may be published by Heart and Solar from time to time (collectively, the "Policies"), including our Privacy Policy.

For the purposes of these Terms, "User", "you", or "your" means you as an individual, or the entity you represent, and you warrant that you have authority to enter into these Terms on that entity’s behalf.

By accessing, browsing, submitting an enquiry through, or otherwise using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Service.

2. Changes to the Terms or Service

Heart and Solar may update or replace these Terms (including any Policy) at any time at our discretion. Changes may be notified by posting updated Terms on the Service, by email, or by other reasonable means. It is your responsibility to review the Terms periodically. Continued use of the Service after changes are posted constitutes acceptance of the updated Terms.

Heart and Solar may modify, suspend, or discontinue all or any part of the Service at any time, with or without notice.

3. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you confirm that you meet this requirement. We do not knowingly collect personal information from anyone under 18 years of age. If we become aware that a User is under 18, we may remove related content and suspend or terminate access.

Heart and Solar reserves the right to refuse service to anyone and to change eligibility requirements at any time, subject to applicable law.

4. Registration

Registration is not required to access the Service unless expressly stated otherwise for a specific feature or service.

5. Privacy

Our Privacy Policy explains how we collect, use, store, and disclose personal information and forms part of these Terms. The Privacy Policy is available on our website and complies with the Australian Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

By using the Service or submitting personal information via contact forms, quote requests, or bookings, you consent to the handling of your information in accordance with our Privacy Policy.

6. User Conduct

You may use the Service for personal or business purposes. Any commercial use beyond engaging Heart and Solar for services requires our prior written consent.

You agree to comply with all applicable Australian laws, regulations, and industry standards in connection with your use of the Service.

You must not use the Service in any way that:

is unlawful, misleading, deceptive, fraudulent, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;

infringes intellectual property rights, privacy rights, or any other legal rights of any person;

discloses personal information about another individual without consent;

constitutes spam, unsolicited advertising, or promotional material;

interferes with or disrupts the Service, servers, or networks;

attempts unauthorised access to systems or data;

introduces malware, viruses, or harmful code;

scrapes, harvests, or collects data from the Service without permission;

involves minors inappropriately; or

impersonates any person or entity.

Heart and Solar may suspend or terminate access to the Service immediately if we reasonably believe a User has breached these Terms.

7. Intellectual Property

All content, materials, designs, text, graphics, logos, software, and other intellectual property made available through the Service are owned by or licensed to Heart and Solar and are protected by Australian and international intellectual property laws.

You must not copy, reproduce, modify, distribute, sell, license, reverse engineer, or create derivative works from the Service or its content without our prior written consent.

8. Termination

Heart and Solar may terminate or suspend your access to the Service at any time, with or without notice, where permitted by law.

Upon termination, you must immediately stop using the Service. Any provisions that by their nature should survive termination will continue to apply, including intellectual property, liability limitations, indemnities, and governing law.

9. Warranties and Australian Consumer Law

Heart and Solar provides a 10-year workmanship warranty for eligible solar PV systems, inverter replacements, and repairs installed by Heart and Solar, subject to our Warranty Policy.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy available to you under the Australian Consumer Law (ACL). Where permitted by law, our liability for breach of a non-excludable guarantee is limited, at our option, to the re-supply of services or the cost of having the services supplied again.

Full warranty details are available in our Warranty Policy on our website.

10. Limitation of Liability

To the maximum extent permitted by law, Heart and Solar is not liable for any indirect, incidental, special, or consequential loss, including loss of profits, business, data, or goodwill, arising out of or in connection with your use of the Service or reliance on information contained on this website.

Where liability cannot be excluded under the Australian Consumer Law (ACL), our liability is limited, at our option, to the re-supply of the services or the cost of having the services supplied again, as permitted by law.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees or rights you may have under the ACL.

11. Indemnity

You agree to indemnify and hold harmless Heart and Solar, its directors, employees, contractors, and agents from any claims, losses, damages, liabilities, and expenses (including reasonable legal costs) arising out of your use of the Service or breach of these Terms.

12. Disputes, Governing Law and Jurasdiction

Any claim arising out of or relating to the Service must be commenced within one (1) year of the claim arising, to the extent permitted by law.

These Terms are governed by the laws of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.

13. Entire Agreement and Severability

These Terms constitute the entire agreement between you and Heart and Solar regarding the Service. If any provision is found to be unenforceable, it will be read down or severed to the extent necessary, without affecting the remainder.

14. Copyright and Trademark Complaints

If you believe content on the Service infringes your intellectual property rights, please contact us with the following information:

Identification of the infringing material;

Identification of the original work;

Your contact details; and

A statement of good faith belief and authority.

Designated Contact

Heart and Solar Pty Ltd
Covella Estate
Greenbank, QLD 4124
Australia
Email: [email protected]

15. General Provisions

You may not assign or transfer these Terms without our written consent. No partnership, employment, or agency relationship is created by these Terms. Notices must be in writing and sent to our registered business address.