Terms and Conditions

1. Agreement to Terms

1.1 Acceptance

By accessing or using the BatteryIQ website (batteryiq.com.au), calculator tools, or services ("Services"), you agree to be bound by these Terms and Conditions ("Terms") and our Privacy Policy. If you do not agree to these Terms, you must not use our Services.

1.2 Eligibility

You must:

• Be at least 18 years of age
• Be a resident of Australia
• Have the legal capacity to enter into binding agreements
• Own or be authorized to make decisions about the property for which you're considering a battery installation

If you are using our Services on behalf of an organisation:

• You represent that you have the authority to bind that organisation to these Terms
• References to "you" include both you individually and the organisation

1.3 Additional Terms

Specific features or services may have additional terms. Where additional terms conflict with these Terms, the additional terms will prevail for that specific feature or service.

2. Description of Services

2.1 Battery Comparison Calculator

We provide:

• An online calculator tool to estimate battery system sizing, costs, and potential savings
• Analysis of federal and state rebate eligibility
• Comparison of different battery system configurations
• Integration with electric vehicle (EV) cost calculations
• Electricity bill upload and analysis (optional) using AI technology

Important Limitations:

• Calculator results are estimates only, based on assumptions and averages
• Actual costs, savings, and rebate amounts may differ
• Calculator results should not be relied upon as financial or investment advice
• We recommend reviewing your specific quote before making any purchasing decision

2.2 Hardware Supply and Installation Services

We provide:

• Complete battery system supply (batteries, inverters, and associated hardware)
• Procurement from authorized manufacturers and distributors
• Coordination with certified installers for professional installation
• Project management from order to commissioning
• Warranty management and support

What we DON'T provide:

• Physical installation services directly (performed by certified installer partners)
• Electrical design services (handled by licensed installers)
• Building permits and approvals (installer's responsibility with our support)

2.3 Monitoring and Optimisation Platform (Post-Installation)

For customers who complete installations through BatteryIQ:

• Free lifetime access to monitoring platform (basic tier)
• Performance tracking and alerts
• Tariff optimisation recommendations
• Quarterly system health reports

Limitations:

• Monitoring requires compatible battery system
• Some features may require installer configuration
• Premium features (if added) may require subscription

2.4 Informational Content

We provide:

• Educational articles about battery technology
• Updates on rebate programs and policy changes
• Energy efficiency tips and guides
• Industry news and trends

Disclaimer:

• Content is for informational purposes only
• Not professional advice (financial, legal, or technical)
• We make reasonable efforts to ensure accuracy but cannot guarantee it

3. Our Business Model

3.2 What We DON'T Do

• Mark up hardware with excessive margins (we target fair market pricing)
• Use substandard equipment to increase profits
• Cut corners on installation quality
• Abandon customers after installation

3.3 Other Revenue Streams

We may earn additional revenue from:

• Affiliate commissions: If you switch energy retailers through our recommendations (~$70-100 per switch)
• EV novated lease referrals: If you use our partner referral services (~$500-1,000 per lease)
• Premium monitoring features: Future subscription tiers (if developed)

These are always optional and clearly disclosed.

3.4 Why This Model Benefits You

Quality Assurance:

• We control hardware quality (no installer cutting corners with cheap equipment)
• Standardized, vetted equipment from reputable manufacturers
• Direct warranty management (single point of contact)
• Better bulk pricing passed to customers

Convenience:

• Single point of contact for entire project
• No need to source hardware separately
• Coordinated logistics and installation
• Ongoing support included

Installer Quality:

• Installers focus on quality work, not hardware margins
• Fair compensation ensures they take time to do job right
• No incentive to upsell or substitute equipment
• Performance-based installer network (quality matters)

4. Use of Calculator and Website

4.1 How Our Calculator Works

Our commitment to accuracy:
We've built BatteryIQ because we believe Australian families deserve better than the generic, inaccurate calculators that currently exist. Our calculator uses the most comprehensive data available to provide you with realistic, personalised projections.

What makes our calculator different:

• Location-specific solar generation data (not generic averages)
• Your actual electricity tariff rates (we integrate with state databases)
• Real-world battery performance data from thousands of installations
• Conservative assumptions (we'd rather under-promise than over-promise)
• Regular updates to reflect changing rebate programs and electricity prices

Our calculator estimates are based on:

• Your input data (solar capacity, current usage, household situation)
• Historical solar generation patterns for your location
• Current electricity tariffs in your area
• Industry-standard battery efficiency (typically 70-90% round-trip)
• Current rebate program rules and eligibility criteria
• Projected electricity price trends (based on historical patterns)

4.2 Understanding the Limitations

Why we can't guarantee exact results:
Like any projection of future performance, our estimates are based on historical data and reasonable assumptions about the future. We're giving you the best guidance available, but several factors mean your actual results may vary:

Factors outside anyone's control:

• Weather patterns vary year to year (affecting solar generation)
• Electricity prices may increase faster or slower than projected
• Government rebate programs may change
• Battery technology improves over time (newer batteries may perform better)

Factors specific to your situation:

• Your household's energy usage may change over time
• You might add electric vehicles, pool equipment, or other loads
• Your solar panels may be affected by shading, soiling, or degradation
• Your lifestyle patterns affect how much value you get from storage

What we can promise:

• We use the best available data and methodology
• Our estimates are significantly more accurate than generic calculators
• We update our assumptions regularly as new data becomes available
• We're transparent about what we don't know
• We take responsibility for providing honest, informed guidance

4.3 Our Recommendations

To make the best decision:

• Review your actual electricity bills (upload them if possible for better accuracy)
• Understand your typical daily usage patterns
• Consider how your needs might change (EVs, family changes, etc.)
• Review the detailed quote we provide, which includes specific equipment and pricing
• Ask us questions - we're here to help you understand, not just to make a sale
• Remember that past performance doesn't guarantee future results, but it's the best indicator we have

4.4 Legal Disclaimer

4.5 Acceptable Use of Calculator

You agree to use our calculator:

• For personal, non-commercial purposes (unless you have written permission)
• With accurate information to get meaningful results
• Understanding that results are estimates, not guarantees

You agree NOT to:

• Use automated tools to scrape or copy our calculator
• Share results as "guaranteed savings" from BatteryIQ
• Make legal claims based solely on calculator estimates without reviewing our detailed quote
• Use our calculator logic for commercial purposes without permission

5. Quote Requests and System Sales

5.1 Quote Request Process

When you request a quote:

1. Complete calculator with your details
2. Provide contact information and property details
3. Optionally upload electricity bills for more accurate modeling
4. Submit quote request

We will:

1. Review your information
2. Prepare detailed proposal including:
   • Specific equipment recommendations
   • Itemized pricing
   • Rebate calculations
   • Installation timeline
3. Contact you to discuss proposal
4. Answer any questions
5. Provide formal quote document

5.2 No Obligation

Requesting a quote does NOT obligate you to:

• Purchase a system
• Pay any fees
• Proceed with installation
• Accept any particular equipment

You are free to:

• Decline the quote
• Request modifications
• Seek alternative quotes
• Take time to decide

5.3 Quote Validity Period

Quotes are typically valid for:

• 30 days from date of issue
• Subject to equipment availability
• Subject to rebate program rules (may change)
• Subject to installer availability

After 30 days, pricing may need to be updated, equipment may change (newer models, availability), rebates may change. Request an updated quote if still interested.

6. Payment Terms

6.2 Balance Payment

Balance payment is due:

• On system commissioning: When system is installed, tested, and operational
• Before credentials release: System will not be activated until payment received
• Payment methods: Bank transfer or credit card

Commissioning defined:

• Physical installation complete
• All electrical connections made
• System tested and operational
• Monitoring configured
• Owner orientation completed

6.3 Refund Policy

Deposit refunds:

• Before hardware ordered: Full refund minus $500 administration fee
• After hardware ordered: No refund (hardware order is non-cancellable)
• If we cancel: Full refund including deposit

Balance refunds:

• After installation complete: No refunds (system is commissioned)
• If installation defective: Remediation at no cost, not refund
• If you change mind: No refund once installation begins

Australian Consumer Law: These terms don't limit your rights under Australian Consumer Law. You may have additional rights for defective goods or services.

7. Hardware Supply and Installation

7.1 Hardware Procurement

We will:

• Source hardware from authorized, reputable manufacturers
• Order hardware within 3 business days of deposit receipt
• Provide expected delivery timeline (typically 7-21 days)
• Inspect hardware upon receipt
• Store hardware securely until installation

You acknowledge:

• Hardware lead times vary (7-21 days typical)
• Delays may occur due to supply chain issues
• We'll update you on any delays
• Equipment models may be substituted with equivalent or better (with your approval)

7.2 Equipment Specifications

We will provide systems that:

• Meet or exceed quoted specifications
• Are certified for use in Australia (AS/NZS standards)
• Come with manufacturer warranties
• Are compatible with your solar system (if applicable)
• Are appropriate for your usage needs

7.3 Installation Coordination

We will:

• Match you with qualified, licensed installer in your area
• Schedule installation at mutually convenient time
• Provide installer with all hardware and specifications
• Monitor installation progress
• Ensure quality standards are met

You must:

• Provide reasonable access to property
• Be present or have authorized representative present during installation
• Provide access to electrical panel and installation location
• Comply with any site preparation requirements
• Obtain any required body corporate or council approvals

7.4 Installation Timeline

Typical timeline:

• Deposit received: Day 0
• Hardware ordered: Day 1-3
• Hardware delivered: Day 7-21
• Installation scheduled: Day 14-35
• Installation completed: Day 21-45

Delays may occur due to:

• Supply chain issues
• Installer availability
• Weather conditions
• Site access issues
• Permitting requirements
• Unforeseen complications

We will keep you updated on progress, notify you of any delays, reschedule as needed, and work to minimize disruption.

8. Certified Installer Network

8.1 Installer Qualifications

All installers in our network:

• Are licensed electricians (A-grade or state equivalent)
• Are CEC accredited for battery installations
• Have minimum 2 years experience
• Carry comprehensive insurance ($20M public liability minimum)
• Have passed our quality vetting process
• Maintain good customer satisfaction ratings

8.2 Installer Responsibilities

The installer will:

• Perform professional installation per Australian standards
• Obtain any required electrical permits
• Test system thoroughly before commissioning
• Provide orientation on system operation
• Provide workmanship warranty (separate from manufacturer warranty)
• Respond to any installation-related issues

8.3 BatteryIQ's Role

We are responsible for:

• Vetting and selecting quality installers
• Providing installers with correct equipment
• Monitoring installer performance
• Handling warranty claims
• Ensuring customer satisfaction
• The complete installation outcome - as your single contracting party, we take responsibility for ensuring the work is completed to Australian standards

How we deliver installation:

• Physical installation is performed by certified installers engaged by BatteryIQ
• We have back-to-back contractual arrangements with installers to ensure quality
• If installation issues arise, we are your single point of contact for resolution

8.4 Installer Performance Issues

If you have concerns about installation quality:

1. Contact us immediately at support@batteryiq.com.au
2. We will investigate the issue
3. We'll work with installer to resolve
4. If unresolved, we'll arrange remediation at no cost to you
5. We'll consider removing installer from network if quality issues persist

Your rights:

• BatteryIQ is your single contracting party - you do not need to pursue the installer separately
• We manage all installer relationships on your behalf
• Australian Consumer Law protections apply to your contract with BatteryIQ
• Our complaints handling procedure is available at batteryiq.com.au/complaints

9. Warranties and Disclaimers

9.1 Hardware Warranties

Manufacturer warranties:

• Batteries: Typically 10-15 years (manufacturer-specific)
• Inverters: Typically 5-10 years (manufacturer-specific)
• Other components: As specified by manufacturer

BatteryIQ's role:

• We facilitate warranty claims
• We coordinate repairs/replacements
• We're your single point of contact
• We don't provide the warranty itself (manufacturer does)

Important:

• Read manufacturer warranty documents carefully
• Warranties have specific terms and limitations
• Some warranties are pro-rated (reduced coverage over time)
• Warranties may require proper maintenance/usage

9.2 Installation Warranties

BatteryIQ provides the following installation warranty:

• Workmanship: 5 years from installation completion
• Coverage: Defects in installation work, including electrical connections, mounting, and configuration
• Your contact: BatteryIQ (not the installer directly)

How we deliver this warranty:

• We maintain back-to-back warranty arrangements with our installation partners
• You deal only with BatteryIQ for any installation warranty claims
• This warranty is in addition to your rights under Australian Consumer Law

9.3 Performance Expectations

What we stand behind:

• The quality of hardware we supply
• The professionalism of our installer network
• Our commitment to help you optimise performance over time
• Our monitoring platform to track actual vs. projected performance
• Our support team to address issues quickly

What we cannot guarantee:

• Exact dollar savings over 10+ years (too many variables)
• That government rebates won't change
• That your lifestyle and energy needs won't change
• That weather patterns will match historical averages
• That electricity prices will increase at predicted rates

Australian Consumer Law: These honest limitations don't affect your rights under Australian Consumer Law for the actual products and services we provide. If equipment is defective or installation is substandard, you have full legal protections.

9.4 Website and Calculator Accuracy

Our commitment to quality:
We invest significant resources to ensure our website and calculator provide accurate, reliable information. We use industry-leading data sources (AEMO, BOM, state energy databases), update our algorithms regularly as new data becomes available, test thoroughly before releasing new features, monitor for errors and fix them promptly, and welcome user feedback to improve accuracy.

Honest limitations:
Technology isn't perfect, and neither are we. While we strive for excellence, occasional bugs or errors may occur (we fix them quickly when reported), third-party data sources may occasionally be incorrect or outdated, website may experience downtime for maintenance or due to hosting issues, and calculator logic is based on models and assumptions that may not capture every unique situation.

What this means for you:

• Review detailed quotes before making decisions, not just calculator estimates
• Contact us if something seems wrong or doesn't make sense
• Understand that free tools have limitations compared to detailed professional assessments
• Use our calculator as a starting point for your research, not the end point

9.5 Legal Warranty Disclaimers

Required legal language:
Australian law requires us to state certain things clearly. To the maximum extent permitted by law, we exclude implied warranties beyond what we explicitly promise. This is standard practice, not specific to BatteryIQ.

What this means in plain English - we're responsible for:

• Providing hardware that meets the specifications we quote
• Coordinating professional installation
• Managing warranties as promised
• Providing monitoring and support as described

We're not responsible for:

• Things outside our control (weather, electricity prices, government policy)
• Your personal circumstances changing over time
• Generic claims of "merchantability" or "fitness for purpose" beyond what we specifically promise

Important exception: These limitations don't apply to your rights under Australian Consumer Law (see Section 9.7 below). ACL rights cannot be excluded and you have full legal protection for defective goods or substandard services.

9.6 Limitation of Our Liability

What's NOT covered by this limitation - this limit does NOT apply to:

• Your rights under Australian Consumer Law (ACL)
• Personal injury caused by our negligence
• Fraud or intentional misconduct
• Anything else the law says we can't limit

In practice: If we supply defective equipment or coordinate poor installation, you have full ACL rights regardless of these limitations. This clause mainly protects us from indirect or speculative damages (like "I would have saved $X over 10 years but didn't because your calculator was wrong by 5%").

9.7 Australian Consumer Law Rights

10. Limitation of Liability

10.1 Limitation of Monetary Liability

10.2 What We're Not Liable For

Indirect or consequential damages:
If something goes wrong, Australian law allows us to exclude liability for certain types of indirect losses. This means we're not liable for:

• Lost profits or business opportunities
• Speculative future losses
• Inconvenience or frustration
• Loss of data (though we backup our systems)
• Damage to your reputation or goodwill
• Cost of buying alternative products elsewhere

Why this matters:
This protects us from speculative claims like "your calculator was wrong so I lost 10 years of projected savings" or "my business failed because your website was down for a day."

What we ARE liable for:

• Direct damages from our actual failures (defective hardware we supplied, installation we coordinated that doesn't meet standards)
• Anything required under Australian Consumer Law
• Personal injury from our negligence
• Fraud or intentional misconduct

Exception: These exclusions don't apply where the law says we can't exclude liability. Your ACL rights remain fully protected.

10.3 Exceptions to Limitations

These limitations DO NOT apply to:

• Liability that cannot be excluded under Australian Consumer Law
• Liability for death or personal injury caused by our negligence
• Liability for fraud or fraudulent misrepresentation
• Any other liability that cannot be limited by law

10.4 Proportionate Liability

Where proportionate liability applies:

• We're only liable for our proportionate share
• You acknowledge others may also be liable (installers, manufacturers)
• You agree to pursue all responsible parties

10.5 Insurance

You should maintain appropriate insurance:

• Home and contents insurance
• Coverage for battery systems
• Liability insurance if required

We maintain:

• Professional indemnity insurance
• Public liability insurance
• Other appropriate business insurance

11. User Accounts and Authentication

11.1 Account Creation

To access personalised results from our calculator, you must authenticate using one of the following methods:

• Google Sign-In - authenticate using your existing Google account
• Email magic link - receive a one-time login link sent to your email address

By authenticating, you:

• Confirm your email address is valid and belongs to you
• Agree to these Terms and our Privacy Policy
• Consent to receive your calculator results and related communications via email

11.2 Third-Party Authentication

When you choose to sign in with Google, your authentication is handled by Google's identity services. We receive only your email address and display name from Google.

Scope limitations:

• We only request the minimum permissions needed to verify your identity (email and profile)
• We do NOT access your Gmail, Google Drive, Google Calendar, or any other Google services
• We do NOT store your Google access tokens beyond the authentication session

Revocation rights:

• You can revoke BatteryIQ's access to your Google account at any time via myaccount.google.com/permissions
• Revoking access does not delete data already provided to us (see our Privacy Policy for data deletion requests)

Your use of Google Sign-In is also subject to Google's Terms of Service and Privacy Policy.

11.3 Account Security

You are responsible for:

• Maintaining the security of your email account and any linked authentication services
• All activity conducted under your authenticated session
• Notifying us promptly of any unauthorised access at support@batteryiq.com.au
• Signing out of shared or public devices after use

We will:

• Use reasonable security measures to protect your account
• Never ask you for your Google password or authentication credentials
• Notify you of suspicious activity when possible

11.4 Account Termination

We may suspend or terminate your account if:

• You violate these Terms
• You provide false information
• Your account is used fraudulently
• Required by law

You may request deletion of your account and data:

• By contacting support@batteryiq.com.au
• Subject to retention of certain data as required by law (see Privacy Policy)

12. Acceptable Use Policy

12.1 Prohibited Uses

You agree NOT to:

• Use Services for any illegal purpose
• Violate any laws or regulations
• Infringe intellectual property rights
• Transmit harmful code (viruses, malware)
• Attempt to gain unauthorized access
• Scrape or copy website content
• Use automated tools without permission
• Impersonate others
• Harass or abuse others
• Post false or misleading information
• Use Services to spam or market
• Interfere with Services operation

12.2 Commercial Use Restrictions

You may NOT:

• Use calculator for commercial purposes without written permission
• Embed calculator on other websites without permission
• Resell or redistribute our Services
• Use our brand or content without permission

Exceptions:

• Installers in our network (with separate agreement)
• Energy retailers (with partnership agreement)
• Others with our written permission

12.3 Enforcement

If you violate this policy, we may:

• Suspend or terminate your access
• Remove content you posted
• Report to authorities
• Take legal action
• Seek damages

13. Intellectual Property

13.1 Our Intellectual Property

We own all rights to:

• Website design and code
• Calculator algorithms and logic
• BatteryIQ brand and logos
• Content we create (articles, guides)
• Data compilations and analysis
• Trade secrets and know-how

Protected by:

• Copyright law
• Trademark law
• Trade secret law
• Patent law (where applicable)

13.2 Limited License to Use

We grant you a limited, non-exclusive, non-transferable license to:

• Access and use our website
• Use our calculator for personal purposes
• View our content
• Download materials for personal use

You may NOT:

• Modify, copy, or distribute our content
• Reverse engineer our calculator
• Remove copyright notices
• Use our trademarks without permission

13.3 User-Generated Content

If you upload content (bills, photos, etc.):

• You retain ownership of your content
• You grant us license to use it for providing Services
• You represent you have rights to upload it
• You agree not to upload inappropriate content

We may:

• Use your content to improve Services
• Use anonymized data for analytics
• Delete content that violates terms

13.4 Feedback and Suggestions

If you provide feedback or suggestions:

• We may use them without obligation to you
• You waive any rights to compensation
• You grant us perpetual license to use feedback
• We're not obligated to use or implement feedback

14. Third-Party Content and Links

14.1 Third-Party Websites

Our website may link to:

• Energy retailers
• EV manufacturers
• Government websites
• Other relevant resources

We are NOT responsible for:

• Content on third-party websites
• Privacy practices of third parties
• Products or services offered by third parties
• Accuracy of third-party information

You access third-party sites at your own risk.

14.2 Third-Party Services

We use third-party services for:

• Payment processing
• Email delivery
• Website hosting
• Analytics
• Customer support tools

Each has their own terms and privacy policies.

14.3 No Endorsement

Links to third parties do NOT constitute:

• Endorsement of their products
• Endorsement of their services
• Endorsement of their content
• Partnership or affiliation (unless stated)

15. Termination

15.1 Termination by You

You may stop using our Services at any time:

• Simply stop accessing the website
• Delete any account (when feature available)
• Cancel any ongoing services

Effect of termination:

• Calculator access ends
• Saved data may be deleted
• Ongoing obligations remain (payment, warranties)

15.2 Termination by Us

We may terminate your access if:

• You violate these Terms
• You engage in prohibited conduct
• Required by law
• We cease operations

Notice:

• We'll provide notice when practicable
• Immediate termination for serious violations
• Refunds determined case-by-case

15.3 Survival

These sections survive termination:

• Payment obligations
• Warranties and disclaimers
• Limitation of liability
• Indemnification
• Intellectual property provisions
• Dispute resolution

15.4 Rejection of Site-Specific Design (NETCC Clause 45)

Where this contract is for the supply of New Energy Tech that requires physical installation and we provide you with a site-specific installation design or plan and site-specific performance estimate as an initial deliverable under this contract (rather than as part of our quote), you are entitled to terminate this contract and receive a full refund if:

• Within 10 business days of receiving the site-specific installation design plan and performance estimate, you notify us that you do not accept these

To exercise this right, you must provide written notice (email to support@batteryiq.com.au) within the 10 business day period. Upon receiving your notice, we will process a full refund of all amounts paid within 14 business days.

15.5 Significant Change to Installation Design (NETCC Clause 46a)

You are entitled to terminate this contract and receive a full refund if:

• This contract is for the supply of New Energy Tech that requires physical installation
• We propose to significantly change the New Energy Tech installation design from that previously provided to you (whether provided in our quote or as a first deliverable under this contract)
• You are not willing to accept the change

We will notify you in writing of any proposed significant changes to the installation design before proceeding. You will have a reasonable period (no less than 10 business days) to consider and accept or reject the proposed changes.

15.6 Extra Chargeable Work Due to Site Conditions (NETCC Clause 46b)

You are entitled to terminate this contract and receive a full refund if:

• This contract is for the supply of New Energy Tech that requires physical installation
• Site conditions and circumstances beyond our control result in extra chargeable work not within the contract price
• We are not willing to bear those additional costs

If extra chargeable work is identified, we will notify you in writing of the additional costs and the reasons before any extra work is undertaken. You may choose to accept the additional costs, negotiate an alternative scope, or terminate the contract under this clause.

15.7 Failure to Meet Delivery Timeframe (NETCC Clause 47)

You are entitled to terminate this contract and receive a full refund if we fail to meet the timeframe specified in this contract for delivery and installation (if applicable), or commencement of service, of any New Energy Tech.

This does not apply, however, if the delay was because of circumstances that are identified in this contract as outside our control. Circumstances outside our control include, but are not limited to: supply chain disruptions, extreme weather events, distribution network service provider (DNSP) delays, delays caused by your actions or omissions, and government or regulatory actions.

16. Indemnification

16.1 Your Indemnification Obligations

You agree to indemnify and hold harmless BatteryIQ, our officers, directors, employees, contractors, and agents from:

• Claims arising from your use of Services
• Claims arising from your violation of these Terms
• Claims arising from your violation of laws
• Claims arising from content you upload
• Claims arising from your negligence or willful misconduct

This includes:

• Legal fees and costs
• Settlements and judgments
• Reasonable expenses

16.2 Process

If a claim arises:

• We'll notify you promptly
• You'll cooperate with defence
• We may participate in defence at our expense
• You won't settle without our consent

16.3 Limitations

You are not required to indemnify us for:

• Claims arising from our gross negligence or willful misconduct
• Claims arising from our breach of these Terms
• Claims related to our violation of consumer guarantees

17. Dispute Resolution

17.1 Informal Resolution

Before initiating formal proceedings:

• Contact us at legal@batteryiq.com.au
• Describe the dispute and desired resolution
• Provide supporting documentation
• Allow 30 days for us to respond and attempt resolution

We are committed to resolving disputes fairly and efficiently.

17.2 Mediation

If informal resolution fails:

• Either party may request mediation
• Mediation will be conducted by an independent mediator
• Costs will be shared equally
• Mediation is non-binding

17.3 Governing Law and Jurisdiction

These Terms are governed by:

• The laws of Victoria, Australia
• Commonwealth of Australia laws
• Australian Consumer Law

Jurisdiction:

• Courts of Victoria and Federal Courts of Australia
• You irrevocably submit to the non-exclusive jurisdiction of these courts

17.4 Individual Disputes

17.5 Complaints Handling (NETCC Clauses 54, 54b, 54d, 54e, 54f)

You are entitled to make a complaint regarding any aspect of the offer and supply of New Energy Tech by BatteryIQ. This includes, but is not limited to, complaints about quotes, product supply, installation, performance, billing, communication, or any other matter related to our services.

How to make a complaint:

• Email: support@batteryiq.com.au
• Phone: 1300 587 444 (Monday-Friday, 9am-5pm AEST)
• Mail: PO Box 2184, Rowville VIC 3178

Our complaints handling commitments:

1. We will acknowledge receipt of your complaint as soon as possible and provide you with an estimation of when we will respond.
2. We will aim to provide a response to your complaint within 15 business days of receipt.
3. We will provide a final response within 25 business days of receipt, unless both parties agree to a further extension of time.

Our full complaints handling procedure, including what information to provide and our step-by-step process, is available at batteryiq.com.au/complaints.

External escalation options:

If you are not satisfied with our response, you may escalate your complaint to:

• NETCC Administrator - newenergytech.org.au/making-a-complaint
• Consumer Affairs Victoria (VIC) - 1300 55 81 81 - consumer.vic.gov.au
• NSW Fair Trading (NSW) - 13 32 20 - fairtrading.nsw.gov.au
• Office of Fair Trading Queensland (QLD) - 13 QGOV (13 74 68) - qld.gov.au/law/fair-trading
• Consumer and Business Services (SA) - 131 882 - cbs.sa.gov.au
• Consumer Protection WA (WA) - 1300 30 40 54 - commerce.wa.gov.au/consumer-protection
• Consumer, Building and Occupational Services (TAS) - 1300 654 499 - cbos.tas.gov.au
• NT Consumer Affairs (NT) - 1800 019 319 - consumeraffairs.nt.gov.au
• Access Canberra (ACT) - 13 22 81 - accesscanberra.act.gov.au
• ACCC - 1300 302 502 - accc.gov.au

18. Changes to These Terms

18.1 Right to Modify

We reserve the right to modify these Terms at any time.

Reasons for changes may include:

• Legal or regulatory requirements
• New features or services
• Industry best practices
• Feedback from users or regulators
• Business model changes
• Clarifications or corrections

18.2 Notice of Changes

Material Changes:

• We will provide at least 30 days' notice
• Notice will be posted prominently on our website
• Notice will be sent via email (if you've provided an email address)
• Date of changes will be reflected in "Last Updated" date
• Version number will be incremented

Non-Material Changes:

• Take effect immediately upon posting
• "Last Updated" date will be changed

18.3 Your Options

If you disagree with changes:

• You may stop using our Services
• For account users (future), you may close your account
• Continued use after the effective date constitutes acceptance
• For active installations, prior Terms version may apply (we'll clarify)

18.4 Version History

Previous versions available upon request at legal@batteryiq.com.au

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any separate installation agreement, constitute the entire agreement between you and BatteryIQ regarding our Services and supersede all prior agreements and understandings.

19.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

19.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative.

19.4 Assignment

You may not assign these Terms or any rights hereunder without our prior written consent.

We may assign these Terms without restriction, including to affiliates or in connection with a merger, acquisition, or sale of assets. We will notify you of any such assignment.

19.5 Force Majeure

We are not liable for failure to perform due to causes beyond our reasonable control, including:

• Natural disasters (floods, earthquakes, bushfires)
• Pandemics or public health emergencies
• War, terrorism, or civil unrest
• Government actions or regulations
• Strikes or labour disputes
• Internet or telecommunications failures
• Third-party service provider failures
• Supply chain disruptions

19.6 Relationship

No partnership, joint venture, employment, or agency relationship exists between you and BatteryIQ as a result of these Terms or your use of our Services.

19.7 Third-Party Beneficiaries

No third-party beneficiaries: These Terms do not create rights for any third parties, except:

• Installers have the right to enforce indemnification provisions
• Manufacturers have rights related to warranty provisions
• Our affiliates and service providers are intended beneficiaries of limitation of liability provisions

19.8 Notices

Notices to you:

• May be provided via email to the address you provided
• May be posted on our website
• Are deemed received 24 hours after sending (email) or posting (website)

Notices to us:

• Must be sent via email to legal@batteryiq.com.au
• Or via registered mail to: BatteryIQ, PO Box 2184, Rowville VIC 3178, Australia

19.9 Language

These Terms are prepared in English. If translated into other languages, the English version prevails in case of any conflict.

19.10 Electronic Communications

You consent to receive communications from us electronically, including via email or website postings. You agree that electronic communications satisfy any legal requirement for written communications.