Terms of Use

A copy of our Terms of Use is available on request.

Corporate Social Responsibility

We are proud of our efforts to help reduce waste and look after the environment. Download our Corporate Social Responsibility Policy.

Employment

Cherry Energy Solutions are always looking to employ highly dedicated and skilled professionals. Please contact us directly for employment opportunities: hello@cherryenergysolutions.com.au

Download our Equal Employment Opportunity Policy

Environmental policy

Download our Environmental Policy 2016

Privacy Policy

This web site www.cherryenergysolutions.com.au is owned and operated by cherryLED ABN 34 158 561 927

  1. cherryLED ABN 34 158 561 927 recognises the importance of privacy issues. This Privacy Policy briefly tells you how we manage the personal information that we collect, use and disclose and how to contact us if you have any queries. This Privacy Policy does not cover personal information collected or held by us about our employees and is to be read subject to any overriding provisions of law or contract.

Background

  1. Personal information is information or an opinion, in any form and whether true or not, about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion.
    There are further special provisions which apply to the collection of some personal information which is known as sensitive information. This includes health information and information about a persons’ race, ethnic origin, political opinions, membership of political, professional, or trade associations, religious or philosophical beliefs, sexual preferences, and criminal history.
Collection of personal information by us
  • We are required to collect personal information under any laws pertaining to financial transactions with our customers.
  • The kinds of personal information we collect and store will depend on what products and services you request from us. However, it may include (amongst other things):
  • personal information you give us when you request a product or service from us;
  • personal information you give us when you make a purchase. This information may include your name, address, telephone numbers, e-mail address, credit card details;
  • communications between you and us;
  • transactional information about your use of our products and services (for example your feedback on how you enjoyed your transaction with us); and
  • if you are applying for a position, we will collect information as outlined in the section below titled “Employment Applications”.
Where your personal information is stored

Where we store your personal information depends on what products and services you have requested from us.
However, some areas may include (amongst other things):

  1. – feedback databases for processing customer feedback;
  2. – email databases for product or contract available alerts.
How your personal information is stored

We take reasonable steps to preserve the security of cookie and personal information in accordance with the Web Site Terms of Use and this Privacy Policy.
If your browser is suitably configured, it will advise you whether the information you are sending us will be secure (encrypted) or not secure (unencrypted).
If secure transmission is indicated, we currently use 128 bit SSL encryption.
We regularly review developments in security and encryption technologies. Unfortunately, no data transmission over the Internet can be guaranteed as totally secure.
Accordingly, although we strive to protect such information, we cannot ensure or warrant the security of any information you transmit to us or from our online products or services and you do so at your own risk.
Once we receive your transmission, we take reasonable steps to preserve the security of the information in our own systems.

How your personal information will be used

We collect your personal information so that we can use it for our functions and activities, which include, amongst other things:

  1. – promoting and awarding installation contracts with you.
  2. – Installation deployment with you
  3. – processing product purchase transactions with you;
  4. – addressing any feedback or complaints you may have;
  5. – answering any queries you may have; and
  6. – any purposes for which it was requested and directly related purposes, and developing, improving and marketing our products and services.
  7. If you also subscribe to our mailing list, we may e-mail to you updates about our products and services.
    If you do not wish to remain a subscriber to our mailing list or otherwise receive updates on our products and services, you are able to remove your details from the subscriptions list via our website.We will assume you consent to management of your personal information in the manner specified in this Privacy Policy (which may change from time to time) and our Privacy Statement until you tell us to the contrary by following the instructions contained in our website or contacting us using our contact details below.
Exchange of personal information with third parties

Personal information we collect from you may be disclosed:

    1. – to any entity to which we are required or authorised by or under law to disclose such information (for instance, law enforcement agencies and investigative agencies, courts, various other government bodies);
    2. – to others that you have been informed of at the time any personal information is collected from you;
    3. – to our business associates and others for purposes directly related to the purpose for which the personal information is collected;
    4. – to our professional advisors and other contractors (for example IT consultants and mailing houses); or
    5. – with your consent (express or implied) to others.
    6. We may also obtain personal and other information from some or all of the above to enable us to provide our services or products to you. When we obtain personal and other information from third parties whom we are referred to by you, we will assume and you will ensure that you have made that third party aware of the referral of the persons and purposes involved in the collection, use and disclosure of the relevant personal or other information.
Use and disclosure of personal information by us
        1. If we use or disclose your personal information for a purpose (the “secondary purpose”) other the main reason for which it was originally collected (the “primary purpose”), to the extent required by law, we will ensure that:
        2. – the secondary purpose is related to the primary purpose of collection (and directly related in the case of sensitive information), and you would reasonably expect that we would use or disclose your information that way; or

you have consented to the use or disclosure of your personal information for the secondary purpose; or

  • – the use or disclosure is required or authorised by or under law; or
  • – the use or disclosure is otherwise permitted by law (for example, as a necessary part of an investigation of suspected unlawful activity).

 

Employment Applications
      1. Generally, the type of personal information we collect about you is the information included in your application, for example, your name, mailing address, telephone number, e-mail address, career history, education details, or other information relating to your career.
        In considering your application, we may also obtain personal information about you from third parties, for example, from your previous employers or nominated referees. We may also collect sensitive information about you such as information about your health (including any disability) or any criminal record that you may have.
      2. We collect personal information for any one or more of the following purposes:
      3. assess you for a position or positions with us or our related entities;
      4. assess whether you are suitable to progress to each stage of the recruitment process for a vacant position; or
      5. store your information for future job opportunities.
      6. If you do not provide us with the information we seek, we will be unable to do one or more of the above.
      7. We may disclose your personal information to:
      8. – organisations that conduct competency or psychometric tests;
      9. – referees or previous employers;
      10. – recruitment agencies or related entities acting on our behalf;
      11. – our related entities;
      12. – law enforcement agencies to verify whether you have a criminal record; or
      13. – educational or vocational organisations to the extent necessary to verify your qualifications.
      14. If we engage third party contractors to perform services for us which involves handling personal information we will take reasonable steps to prohibit the contractor from using personal information except for the purposes for which it was supplied.
Collection of information other than personal information

If you visit our website, some of the information we and/or our contractors collect about your visit to our website is not personal information because it does not reveal your identity. Information of this nature can include:

Site visit information
      1. When you visit our website, we and/or our contractors collect general information about your visit which may include your server address, the date and time of your visit, the pages you accessed, the information you downloaded and the type of Internet browser you used.
      2. We and/or our contractors may use this information in anonymous, aggregated form, for statistical purposes only, to assist us in improving the quality and usability of our website.
Cookies
      1. A cookie is a small string of information that a website transfers to your browser for identification purposes. The cookies we and/or our contractors use may identify individual users.
      2. Cookies can either be “persistent” or “session” based. Persistent cookies are stored on your computer, contain an expiration date, and are mainly for the user’s convenience. Session cookies are short-lived and are held on your browser’s memory only for the duration of your session, they are used only during a browsing session, and expire when you quit your browser.
      3. We and/or our contractors may use both session and persistent cookies. This information may be used to personalise your current visit to our and our contractors’ websites. Upon closing your browser, the session cookie is destroyed.
      4. Most Internet browsers can be set to accept or reject cookies. If you do not want to accept cookies, you can adjust your internet browser to reject cookies or to notify you when they are being used. However, rejecting cookies may limit the functionality of our website.
Access and correction of your personal information

You can ask to obtain access to your personal information that we and/or our contractors hold, although under some circumstances permitted by law, we may not provide such information to you. Also, we may not be able to require our contractors to provide personal information to you.

      1. We may ask you to put your request in writing and pay a reasonable fee levied by us for this.

It is important to us that the personal information we hold about you is accurate, complete, and up to date. If you are aware that this is not case and would like your personal information corrected, or simply desire access to your personal information, please contact us.

If we decide not to correct or provide you with access to your personal information, we will give you our reasons for our decision.

Site Security Policy

Our website uses up-to-date technology to maximise the security of your personal information.

Complaints

If you have a complaint about the way we have dealt with your personal information, call1300 740 784.

We will make all reasonable attempts to respond to your complaints or requests.

Updates to Privacy Policy

We may amend this Privacy Policy at any time and from time to time. If we do so, we will post the amended Privacy Policy on our website so that you will always be aware of how we manage your personal information.

Further information

Please contact us if you have any queries about the personal information that we hold about you or the way we handle that personal information.
cherryLED Privacy Officer contact details:

cherryLED
ABN 34 158 561 927
PO Box 305,
Sandringham, VIC. 3191
t. 1300 740 784

email: hello@cherryenergysolutions.com.au

Terms and Conditions

Definitions & Interpretation

1      In these Terms and Conditions, unless the context otherwise requires:

(a)    We means cherryLED, ABN 34158561927, PO Box 305, Sandringham, Vic. 3191.

(b)    You means the person to whom Goods are supplied by us.

(c)    Customer Quote means the quote sent from us to you in respect to the supply of the Goods, attached to these Terms and Conditions.

(d)    Goods means the goods supplied or to be supplied by us to you and the subject of an order by you GST means a tax, levy, duty, charge, or deduction together with any related additional tax, penalty, fine or other charge imposed by or under the GST Act.

(e)    GST Act is a reference to a New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended.

(f)    Loss means any loss, cost, damage, liability, expense or other detriment suffered or incurred by a person and includes direct, indirect or consequential loss or damage.

(g)    Repayment Plan means a 24 or 36 monthly repayment period provided to you by us in respect to the provision of the Goods to you.

(h)    Terms and Conditions means the terms and conditions set out below.

(i)     A reference to a person includes a natural person, corporation, partnership or any other organisation or legal entity and includes its executors, administrators, successors and permitted assigns.

(j)     The singular includes the plural and vice versa.

(k)    Including and includes are not words of limitation.

(l)     Monetary amounts are expressed in Australian dollars.

General

Calculating Maximum Savings. The calculation of the maximum LED energy savings is based on:

      • An average kWh charge for Residential/Commercial premises for electricity usage – please contact us if you would like to know more.
      • An average of replacement costs for failed/end of life existing lighting globes/tubes.
      • The use of a 6W ballast/5W transformer in existing lighting fittings.
      • An average hours daily usage, please contact us if you would like to know more.
      • The comparison of a 6W LED versus 50W halogen plus 5W transformer light fitting.
Savings Calculator

The calculations in the calculator are based on:

      • An average kWh charge for Residential/Commercial premises for electricity usage – please contact us if you would like to know more. This can be changed within the calculator function.
      • The use of a 6W ballast/5W transformer in existing lighting fittings.
      • An average hours daily usage. This can be changed within the calculator function.
      • 1kg CO2 emission = 1000W of electricity.
      • Whilst we make our best efforts to provide accurate information, all illustrations and text for ‘equivalent energy savings’ are intended as a guide only. Basic assumptions have been made in determining these equivalent savings, please contact us if you would like to know more about our assumptions.

2      Unless otherwise agreed in writing by the parties, these Terms and Conditions will be the only terms and conditions on which we will supply the Goods to you.

Delivery

3      We are under no obligation to accept any order from you.

4      Unless notified in writing by you, all Goods will be dispatched to the address set out on your invoice.

5      We reserve the right to make partial deliveries against an order and to invoice each partial delivery separately unless otherwise agreed in writing.

6      You cannot reject Goods on the basis of partial or late delivery.

7      We reserve the right, irrespective of whether or not your order has been accepted and without notice to you, to withhold supply to you or cancel your order where:

(a)    We have insufficient Goods to fulfil the order;

(b)    We cannot supply the Goods at the prices quoted in the Customer Quote due to causes outside its control;

(c)    The Goods ordered have been discontinued; or

(d)    We have determined (in its absolute discretion) that credit should no longer be extended to you.

8      Delivery dates are given as a guide only. We will not be liable for any Loss incurred or suffered by you as a result of any delay in delivery or withholding of supply of any Goods and you are not entitled to claim any compensation, to cancel the order or to terminate the agreement between us and you in the event of delay or the withholding of supply.

Price and Payment

9      If GST is imposed or levied in respect of any supply of Goods by us, then we may recover the amount of GST from you (payable at the prevailing rate) in addition to the price of the Goods.  We must provide such invoices to you as are required under the GST Act.

10    Unless otherwise agreed by us in writing, all invoices are due and payable in full at the time of installation.  Where installation is not applicable, payment is due on receipt of the goods by you.

11    If you fail to pay any invoice or progress payment in full by the due date, we will be entitled to:

(a)    charge interest on the outstanding amount at the penalty rate fixed under the Penalty Interests Rate Act 1983 (Vic), calculated and payable daily, compounded from the due date until the outstanding amount is paid in full;

(b)    Amend your credit terms with us; and

(b)    Cancel or suspend any further delivery of Goods to you until the outstanding amount (plus interest) is paid.

12    You may not refuse or suspend payment to us by way of set-off, counterclaim or remedy for any alleged or actual failure by us to fulfil our obligations under these Terms and Conditions.

14    we will, at our sole discretion, ask for a deposit to be paid before goods are dispatched.  You agree to pay a deposit to no more than 50% of the Invoiced goods where requested.

Minimum Orders

13    We reserve the right to specify the minimum order value and volume of Goods which we will accept from time to time and to impose a handling charge of $50.00 if we agree to the delivery of Goods having a value less than the minimum order value or volume.

Title and Risk

14    The title and property in the Goods will remain with us until you have paid all sums owing to us and, until such time, you will hold the Goods on a fiduciary basis as our bailee.  Should you not make payment for the Goods, you will be liable to return the Goods, and make good any fixture changes that have occurred to their property as a result.  We will under no circumstances be liable for any Loss you may incur to remove the Goods and/OR return their fixtures to a condition prior to receipt/installation of the Goods (not limited to but including building and electrical works).

15    You must store the Goods on its premises separately and in a manner which makes them readily identifiable as our Goods and will allow us or our representatives to enter your premises to inspect or, where necessary, recover the Goods.

16    Notwithstanding the provisions of clauses 14 and 15, you accept all risk of loss and damage to the Goods, whether caused by you or not, following delivery of the Goods to you.

Returns

17    We will not accept returns of Goods for credit without prior authorisation.

18    Subject to clause 17, any Goods which you returns for credit will only be accepted if they are in the original packaging, in pristine and saleable order and condition and accompanied by documentation showing:

(a)    Customer’s name, address and account number;

(b)    Our invoice number; and

(c)    Customer’s reason for return.

19    If we authorise the return of any Goods, you are responsible for the coordination and expense of the return.

Intellectual Property Rights and Packaging

20    All intellectual property rights of any description (including patent, design, trade mark or copyright) attaching to or arising out of the design or manufacture of the Goods by us are and will remain the sole property of us, and except as agreed to in writing by us, you must not use those intellectual property rights.

Warranty

21    We will provide you with the benefit of any available/applicable warranty provided by the manufacturer of the Goods, littil Pty Ltd. A copy of the manufacturer’s warranty is available upon request.

Exclusion of Warranties and Limitation of Liability

22    We are not responsible for damage to the Goods or any third party’s property (including your property) resulting from inappropriate storage, fair wear and tear, defective or careless handling or use or inappropriate operating means in respect to the Goods.

23    Except as provided for by law, we make no representations or warranties, express or implied, regarding any matter, including merchantability or fitness for a particular use or purpose, and all implied warranties arising from a course of dealing, usage or trade practice, or other representation of the performance or nature, in relation to the Goods.

24    To the extent permitted by law, we limit its liability under any condition or warranty which cannot legally be excluded to:

(a)    the replacement of the Goods or the supply of equivalent goods;

(b)    The payment of the costs of replacing the Goods or of acquiring equivalent goods, by credit to your account in cash or cheque, at our absolute discretion; or

(c)    Repayment of any part of the purchase price of the Goods which has been paid by you, by credit to your account, in cash or by cheque, at our absolute discretion.

25    Under no circumstances will we be liable to you for:

(a)    any loss of profit; or

(b)    any indirect or consequential damages.

Claims

26    Any claims by you for short supply by us must be made within 7 days of delivery of the Goods.  Any other claims for adjustment to any invoice for any reason whatsoever must be made in writing to us within 60 days of the delivery of any Goods.

Force Majeure

27    We will not be liable for any Loss incurred or suffered by you as a result of a failure to observe any of these Terms and Conditions or as a result of any delay in performance of any obligations due to an Event of Force Majeure.

28    For the purposes of these terms, an “Event of Force Majeure” is any cause or circumstance beyond our control, including, any failure or delay in performance caused by any strikes, lock‑outs, accidents, war, flood, labour disputes, fire, explosion, acts of God or public enemy, delays in transport, breakdown in plant or machinery, shortage of power, shortage of raw materials, restrictions or prohibitions by any government or any semi‑government authorities, embargos, currency collapse or any other events beyond our control wherever and whenever occurring.

Installation

29    In most circumstances, we will utilise contractors to install the Goods provided to you (Contractors).  Whilst we make every effort to ensure the Contractors are of reputable character and suitably qualified to perform the works, we will not be liable for any Loss suffered by you caused by the Contractors acts or omissions.

30    We will not be liable for any damage caused or re-works required resulting from the engagement of you with a Contractor for any service related to the installation of our products.

31    You must be present at the time of installation.  If you are paying as part of the Repayment Plan but is not the cardholder of the account that will be used for monthly repayments, the cardholder must also be present to sign the required installation documentation and Customer Quote.

32     At the time of installation, you agree to complete paperwork and assign the rights for all applicable government rebates to us.

Repayment Plans

If you are subject to a repayment plan, the following applies:

Our Commitment to You

33     We will provide you with at least 14 days’ notice if any terms of the payment arrangement are to change. We will keep all information about your nominated bank account private and confidential, only to be disclosed at the request of you or your Financial Institution in connection with a claim made to an alleged incorrect or wrongful debit.

Your Rights

34    You may terminate your Direct Debit payment schedule at any time by calling or writing to notify us. Where you consider a payment has been initiated incorrectly, or there is a discrepancy in a payment amount, please contact us immediately so we can address your query.

35    If at any time you wish to change your bank account or personal details, please advise us in writing, to reach us at least 10 business days prior to your next payment.

Your commitment to us

36    Ensure the bank account information supplied to us is correct by checking it against a recent statement from your Financial Institution.

37    Advise us in writing if the bank account, as nominated by you to be debited, is transferred, closed or the Direct Debit is cancelled.

38    Ensure your nominated bank account can accept Direct Debits through the Bulk Electronic Clearing System (BECS).

39    If you are paying under a payment plan and your Direct Debit payment schedule is cancelled, either by you or your nominated Financial Institution, you must arrange for immediate payment in full of all outstanding instalments as set out in your tax invoice for the purchase, via a bank cheque or other payment method agreed to by us.

40    Ensure sufficient funds are available in the nominated bank account to meet a payment on its Due Date. If sufficient funds are not available, we reserve the right to cancel the Direct Debit payment schedule arrangements by your nominated Financial Institution, and to arrange with you payment in full via an alternate payment method.

41    On acceptance of the cherryLED repayment plan (for the avoidance of doubt, acceptance occurs upon you providing your payment details to us for the purchase of the Goods), you agree to be liable for all payments as stated in the Customer Quote.

42    You agree that should any repayment’s fail that are not solely caused by us (such as but not limited to insufficient funds in your account, lost/stolen/cancelled credit cards, incorrect card details), that we may charge an administration fee of $3.50 for processing of a further payment.

43    You agree that should we fail to receive any payment instalment after 3 unsuccessful attempts, we may take any action (in its absolute discretion, notwithstanding within the governance of Australian Law) to retrieve the funds, plus any further amounts due to us and any additional costs incurred in the collection of these funds.

44    All payments arising from a Repayment Plan must be made to us regardless of the domicile residence of the signatories.

45     “Where you agree with a third party to make your repayments to that person for them to remit to us, you acknowledge and agree with us that the third party is solely your agent (and not our agent) and that your liability to pay us remains until that third party has remitted to us in cleared funds the amount of any payments you have made to them and those funds are available to us without any recourse.  You also agree that:

(a) We may charge any amounts owing by you to us to a credit card or nominated bank account where you have provided funds to an agent and they have not remitted them to us; and

(b) Either where you terminate an agency payment arrangement with a third party or on the agent’s failure to remit to us amounts that you paid to it, we may charge you (on your credit card/nominated bank account or otherwise) for any amounts owing by you to us when they fall due.”

46    You agree that we may share your details with the Sustainable Melbourne Fund for their marketing purposes.

Confidentiality

47    You must keep confidential all Confidential Information you receives from us and must be returned to us immediately on request.  For the purpose of this clause 47, Confidential Information means information (whenever it was obtained) in relation to our business, pricing, operations or strategies or property that is confidential but excludes information that is in the public domain.

Entire Agreement

48    These Terms and Conditions and the Letter of Agreement constitute the entire terms and conditions between you and us.

Severability

49    If any term or condition or part of a term or condition is illegal, unenforceable or invalid, that term or condition or part of the term or condition is to be treated as removed from these Terms and Conditions, but the rest of these Terms and Conditions are not affected.

Variation

50    No variation of these Terms and Conditions will be of any force or effect unless it is in writing and signed by the parties to these Terms and Conditions.

Waiver

51    Any failure by a party to exercise any of its rights or powers under these Terms and Conditions is not a waiver of those rights or powers. A waiver is only effective if it is in writing.

Assignment

52    You cannot assign, transfer or otherwise dispose of any of the benefits or burdens of this or any other contract with us without the prior written consent of us.

Governing Law

53    These Terms and Conditions are governed by and must be construed in accordance with the laws of Victoria.

We guarantee to save you money or we will give you $5,000*

      1. For commercial and government businesses only
      2. Jobs must be worth a minimum of $15,000 to be eligible
      3. Jobs must be new, without having had any LEDs installed previously.
      4. Customers must use at least 4 hours of electricity on lighting every day (minimum 5 days per week)
      5. Victoria and NSW only

Contact us for more information.

Refund policy

For full refund policy please see our Terms and Conditions.
For product returns please contact us at:

hello@cherryenergysolutions.com.au

Or

1300 740 784

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