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

Echo Group Privacy Policy

1.     About this Privacy Policy

1.1     Echo Group Corporation Pty Ltd ACN 158 561 927 (referred to as Echoweus or our) has implemented this Privacy Policy to provide information about what kinds of Personal Information we may collect or hold, how we collect, hold, use and disclose that Personal Information, choices you have regarding our use of that Personal Information, and your ability to access or correct that Personal Information.  If you wish to make any inquiries regarding this Privacy Policy, you should contact us in any of the ways specified in paragraph 15.

1.2     From time to time, we may be related to other companies and entities including Cherry Energy Solutions, Littil, Unilumen and Jim’s Energy (related entities).  This Privacy Policy applies to the use of your Personal Information by us and by those related entities.  Those related entities may also have their own privacy policies which set out additional detail or differences in their privacy practices.  To the extent that those privacy policies are inconsistent with this Privacy Policy, those privacy policies will prevail over this Privacy Policy in relation to the actions of those related entities.  A reference in this Privacy Policy to Echoweus or our is also a reference to those related entities. 

2.     Personal Information

2.1     Personal Information” is information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified individual or an individual who is reasonably identifiable.

3.     What Personal Information do we collect and hold?

3.1     The types of Personal Information we may collect about an individual will depend upon the nature of our interaction with them.  Personal Information that we collect may include (but is not limited to) the following:

(a)     name

(b)     age and/or date of birth

(c)     contact details including telephone numbers (landline and/or mobile)

(d)     current address (including postal address)

(e)     email address

(f)     gender

(g)     identification information such as driving licence details, including driving licence number

(h)     payment details, such as your credit card or bank account details

(i)     transaction and booking history

(j)     occupation and employment details including employment status and any previous work experience

(k)     information from or in connection with your resume or job application if you apply for a position with us

(l)     geographical location

(m)     Australian Business Number (ABN)

(n)     business name, size, sector and address

(o)     a copy of your electricity bill

(p)     a site assessment

(q)     passport and visa details (in respect of job applicants)

(r)     photographs and/or images of you from camera footage

(s)     property ownership

(t)     rental references and prior rental contacts

(u)     consumption habits and preference information from social media accounts and profiles, and

(v)     details of accreditations that you may have, such as your electrical contracting licence number.

3.2     We collect and record Personal Information about individuals such as:

(a)     our customers, potential customers and their representatives

(b)     our suppliers and potential suppliers and their representatives, directors, partners, proprietors and shareholders

(c)     contractors and subcontractors and potential contractors and subcontractors and their representatives in relation to providing goods and services to us

(d)     our employees past and present, including applicants, and

(e)     any other person who comes into contact with Echo.

4.     How and when do we collect Personal Information?

4.1     We collect your Personal Information to allow us to conduct our business functions, to contact you, to provide market and sell our products and services and for the specified purposes set out in paragraph 6.  In some circumstances the collection of Personal Information may be required by law.

4.2     We may collect your Personal Information in the course of providing you with goods or services, or:

(a)     when you use or buy our products or services

(b)     when you provide us, or you offer or apply to supply us, with goods or services

(c)     when you provide information to us in any way (including by completing a form, disclosing information over the phone or via email, or providing us a business card)

(d)     when you request information about us, our products or our services

(e)     when you provide feedback to us

(f)     when you visit or fill in a form on our Website (see paragraph 5)

(g)     when we contact you to market our products or services

(h)     when you visit premises from which we operate

(i)     when you (or your employer) provide that information to us in the course of conducting or administering our relationship with you, or when you are carrying out activities in connection with our business operations

(j)     when you submit a job application to us,

(k)     when you otherwise contact us by telephone, fax, email, social media, post or in person, or

(l)     where we are otherwise required or authorised by law to do so.

4.3     Generally, when providing our products and services, dealing with our personnel, or obtaining goods and services from our service providers, suppliers or contractors, we collect personal information directly from the relevant individual where reasonable and practicable.

4.4     We may also collect Personal Information about you from third parties and other sources such as:

(a)     our partners and referrers who may provide your details to us as a potential lead

(b)     your nominated representatives (eg spouse accountant, power of attorney, brokers and other professional advisors)

(c)     publicly available sources of information

(d)     related entities, companies and businesses of Echo

but we will only collect your Personal Information in this way if it is unreasonable or impracticable to collect this information directly from you or if we are otherwise permitted to do so.  

4.5     If the Personal Information we collect includes sensitive information, including health information, we will ask for your consent to collect sensitive information, unless the law allows us to collect it without your consent. 

4.6     Where we engage with you multiple times over a short period in relation to the same matter, we may not provide you with a separate notice about privacy each time we engage with you.

4.7     If you choose not to provide your Personal Information to us for the purposes set out in this Privacy Policy, or if we do not or are unable to collect the Personal Information we require, we may not be able to provide you with requested information, products or services, or marketing, and therefore we may not be able to effectively conduct our relationship with you.

5.     Information collected via our Website

5.1     Personal information may be collected by us and by our third party service providers who assist us in operating our website at https://echogroup.co/https://www.cherryenergysolutions.com.au/https://www.littil.com.au/ and https://www.ekoenergy.co/ , including their subdomains and any other website we operate from time to time (collectively the Website).

5.2     We may use various technological methods from time to time to track the visiting patterns of individuals accessing our Website, including but not limited to the methods set out in this paragraph 5.

Google Analytics

5.3     We use Google Analytics to help analyse how you use our Website.  Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers.  The information generated is used to create reports about the use of our Website.  Google will store this information.

5.4     If you do not want your Website visit data reported by Google Analytics, you can install the Google Analytics opt-out browser add-on.  For more details on installing and uninstalling the add-on, please visit the Google Analytics opt-out page at https://tools.google.com/dlpage/gaoptout

Click Stream Data

5.5     When you read, browse or download information from our Website, we or our internet service provider may also collect information such as the date, time and duration of a visit, the pages accessed, the IP address of your computer, and any information downloaded.  This information is used for statistical, reporting and website administration, maintenance and improvement purposes and will not be used to identify you.

Cookies

5.6     Our Website may use ‘cookies’ from time to time.  Cookies are small text files that are transferred to a user’s computer hard drive by a website for the purpose of storing information about a user’s identity, browser type or website visiting patterns.  Cookies may be used on our Website to monitor web traffic, for example the time of visit, pages visited and some system information about the type of computer being used.  We use this information to enhance the content and services offered on our Website.

5.7     Cookies are sometimes also used to collect information about what pages you visit and the type of software you are using.  If you access our Website or click-through to our Website from a link in an email we send you, a cookie may be downloaded onto your computer’s hard drive.

5.8     Cookies may also be used for other purposes on our Website.

5.9     You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent.  Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.

5.10     If you disable the use of cookies on your web browser or remove or reject specific cookies from our Website or linked sites then you may not be able to gain access to all of the content and facilities in those websites.

Web Beacons

5.11     Web beacons are images that originate from a third party site to track visitor activities.  We may use web beacons to track the visiting patterns of individuals accessing our Website.

Third party content (eg social media links)

5.12     Some of the content on our Website includes applications made available by third parties, such as social media buttons or links that allow you to share content or links to our Website through the relevant third party platforms.  These third party applications themselves may facilitate collection of information by those third parties, through your interaction with the applications and sometimes even if you do not interact directly with them.  We are not responsible for the technical operation of these applications or the collection and use practices of the relevant third parties.  Please visit the relevant third party websites to understand their privacy practices and options they may make available to you in relation to their collection of your Personal Information.

6.     How do we use your Personal Information

6.1     We use the Personal Information we collect about you for our business functions and activities, in order to operate our business efficiently, and to market our products and services for the benefit of our customers.

6.2     We may collect, hold and use your personal information:

(a)     to identify and communicate with you

(b)     to enable us to provide you with requested information, products or services

(c)     to otherwise assist customers by providing them with information and support

(d)     to collect and process payments

(e)     to help us to manage and enhance products or services we provide to you

(f)     to help us conduct research for the purposes of improving existing products or services or creating new products or services

(g)     to help us to manage and enhance goods and services we procure from our suppliers and subcontractors

(h)     to personalise and customise your experiences on our Website

(i)     to manage and administer any account you may hold with us

(j)     to manage and maintain credit accounts for the provision of goods or services on credit

(k)     to carry out debt and equipment recovery functions

(l)     to provide you with information that we believe may be of interest to you or that you may be interested in receiving, including advertising material, regarding us, our clients, and our business partners

(m)      to help us research the needs of our customers to enable us to market our products and services with a better understanding of your needs and the needs of customers generally

(n)     to notify and assess insurance claims, pay settlements and finalise claims, and determine liability

(o)     to protect you and us from fraud

(p)     to provide for the safety and security of workers and onsite visitors to our business premises

(q)     to help us manage our business operations

(r)     for business support purposes including maintenance, backup and audit

(s)     to process any job application submitted by you

(t)     to respond to any queries or complaints you may have, or

(u)     to comply with our statutory and legal obligations.

6.3     We reserve the right at all times to monitor, review, retain, and/or disclose any information as necessary to satisfy any applicable law, but we have no obligation to monitor the use of the Website or to retain the content of any user session.

6.4     You consent to us using your Personal Information in the above ways and as set out in this Privacy Policy.

6.5     We may otherwise collect, use or disclose your Personal Information where the collection, use or disclosure is:

(a)     in accordance with this Privacy Policy or any agreement you enter into with us, or

(b)     required or authorised by law, including without limitation the Australian Privacy Principles under the Privacy Act 1988 (Cth).

 

7.     When do we disclose your Personal Information?

7.1     Echo may disclose, or provide access to, your Personal Information to third parties in connection with the purposes described in paragraph 6.1.  Depending on the circumstances and the nature of your engagement with us, we may disclose your Personal Information to our related entities, to third parties that provide products and services to us or through us, or to other third parties (such as your referee(s) in connection with a job application you have submitted).

7.2     We may also disclose your Personal Information to:

(a)     any of Echo’s internal divisions, business units or departments

(b)     your nominated representatives

(c)     other organisations or individuals who assist us in providing products and services to you

(d)     other service providers who assist us in the performance of our business functions (e.g. our third party organisation and lead management providers Smith Brothers Media – see Smith Brother’s Privacy Policy at https://www.smithbrothersmedia.com.au/privacy-policy/ and HubSpot CRM – see Hubspot’s Privacy Policy at https://legal.hubspot.com/privacy-policy?_ga=2.256705291.1228006131.1561686686-1632495378.1561686686)

(e)     professional service providers and advisors who perform functions on our behalf, such as lawyers

(f)     medical providers including medical and rehabilitation practitioners for assessing insurance claims

(g)     representatives, agents or contractors who are appointed by us in the ordinary operation of our business to assist us in providing goods or services or administering our business (such as for data storage or processing, printing, mailing, marketing, planning and product or service development)

(h)     credit reporting bodies and mercantile reporting agencies

(i)     debt collecting agencies

(j)     banks, mortgage insurers, leaders, valuers, real estate agents (referees), insurers, brokers, auditors, business consultants and IT service providers, and

(k)     Government, regulatory authorities and other organisations as required or authorised by law (such as Centrelink or the Police).

 

7.3     We may also disclose your Personal Information to our Website Host software application providers in certain limited circumstances, for example when our Website experiences a technical problem or to ensure that it operates in an effective and secure manner.

7.4     As we continue to develop our business, we may buy, merge or partner with other companies or businesses, and in so doing, acquire customer information. In such transactions, Personal Information may be among the transferred assets. Similarly, in the event that a portion or substantially all of our business or assets are sold or transferred to a third party, we may also disclose customer information including your Personal Information to a purchaser or potential purchaser in connection with the sale or potential sale of us, our business or any of our assets, including in insolvency.

8.     Overseas disclosures

8.1     Some of your Personal Information may be disclosed, transferred, stored, processed or used overseas by us, or by third party service providers.  This may happen if:

(a)     our offices or related entities are overseas

(b)     we outsource certain activities overseas

(c)     transactions, information, services or products have an overseas connection, or

(d)     our computer systems including IT servers are located overseas. 

8.2     You consent to the collection, use, storage, and processing of your Personal Information outside of Australia as set out in this Privacy Policy.  In particular, your Personal Information may be disclosed to third parties in the United States and Germany, and such other countries in which those parties or their, or our, computer systems may be located from time to time, where it may be used for the purposes described in this Privacy Policy.  In these circumstances, you consent to the collection, use, storage and processing of your Personal Information in those countries, without us being responsible under the Privacy Act 1988 (Cth) for such use (or for any breach).  Where such parties are located overseas, you may have rights to enforce such parties’ compliance with applicable data protection laws, but you might not have recourse against those parties under the Australian Privacy Act in relation to how those parties treat your personal information.

9.     Other uses and disclosures

9.1     We may collect, use and disclose your Personal Information for other purposes not listed in this Privacy Policy.  If we do so, we will make it known to you at the time we collect or use your Personal Information. 

10.     Marketing

10.1     You consent to us using your Personal Information for sending you information, including promotional material, about us or our products and services, as well as the products and services of our related entities and third parties, now and in the future.  You also consent to us sending you such information by means of direct mail, telemarketing, email, SMS and MMS messages.

10.2     If you do not want to receive marketing information from us or if you want to stop receiving telemarketing, you can unsubscribe in any of the following ways:

(a)     clicking on the ‘Unsubscribe’ or subscription preferences link in a direct marketing email that you have received from us, or

(b)     contacting us using the contact details specified in paragraph 15.

11.     Storage and security of Personal Information held by us

11.1     We aim to keep your Personal Information secure.  Any Personal Information that is collected via our Website or which is held on our computer systems is protected by safeguards including physical, technical (firewalls, SSL encryption etc) and procedural methods.

11.2     If we find that we no longer require or have no further need for your Personal Information we may de-identify it or remove it from our systems and destroy all record of it.

12.     You can access and update your Personal Information

12.1     You are generally entitled to access Personal Information that we hold about you.  If you request access to your Personal Information, in ordinary circumstances we will give you full access to your Personal Information.  Depending on the nature of the request, Echo may charge for providing access to this information, however such charge will not be excessive.  However, there may be some legal or administrative reasons to deny access.  If we refuse your request to access your Personal Information, we will provide you with reasons for the refusal where we are required by law to give those reasons.

12.2     A request for access to your Personal Information can be made by contacting us in any of the ways specified in paragraph 15.

12.3     We take all reasonable steps to ensure that any Personal Information we collect and use is accurate, complete and up-to-date.  To assist us in this, you need to provide true, accurate, current and complete information about yourself as requested, and properly update the information provided to us to keep it true, accurate, current and complete. 

12.4     Please contact us in any of the ways specified in paragraph 15 if you believe that the Personal Information is inaccurate, incomplete or out of date, and we will use all reasonable efforts to correct the information.

12.5     It would assist us to ensure we properly understand your request, and allow us to respond more promptly, if requests are made in writing and include as much detail as possible.

13.     How do we deal with complaints about privacy?

13.1     If you feel that we have not respected your privacy or that we have conducted ourselves inconsistently with this Privacy Policy, please contact us in any of the ways specified in paragraph 15 and advise us as soon as possible.  We will investigate your queries and privacy complaints within a reasonable period of time depending on the complexity of the complaint.

13.2     It would assist us to respond to your complaint promptly if it is made in writing.  Please detail information relevant to your complaint.

13.3     We will notify you of the outcome of our investigation.

14.     Updates to this Privacy Policy

14.1     We may, from time to time, review and update this Privacy Policy, including to take into account new laws, regulations, practices and technology.  All Personal Information held by us will be governed by our most recent Privacy Policy, posted on our Website at: https://www.cherryenergysolutions.com.au/terms-of-use/?goto=terms-and-condition  where the Privacy Policy will be located.  Any changes to this Privacy Policy may be advised to you by updating this page on our Website.  We encourage you to check this page from time to time for any changes.

15.     What to do if you have a question, problem or want to contact us about our use of your Personal Information or this Privacy Policy

15.1     If you:

(a)     have a query or concern about this Privacy Policy or our Personal Information handling processes

(b)     wish to make a complaint in relation to a breach of your privacy

(c)     would like to access your Personal Information held by us

(d)     would like to update or correct your Personal Information held by us, or

(e)     would like to opt out of direct marketing,

please contact either your renewable energy consultant using the details provided for in your engagement agreement, or alternatively, our Customer Service Team in any of the following ways:

»     Email Address: hello@echogroup.co

»     Mailing Address: Echo Group, 61-65 Geddes Street, Musgrave Victoria 3170, or

»     Phone: 1300 699 611.

This Privacy Policy was last updated on 2 July 2019.

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

Start Saving!
Get Energy Solutions that Pay for Themselves.