1.About these terms
These terms set out the basis on which you may use the online platforms, mobile applications and monitoring services provided by Renewable Energy System Integration Pty Ltd (ABN 98 660 958 672) (“RESI”, “we”, “us”, “our”).
By creating an account or using our services, you agree to these terms. If you do not agree to them, you should not use our services.
These terms cover our online services. They do not cover the purchase, supply, installation or warranty of equipment, which is governed by the agreement under which you bought the equipment. If there is any inconsistency between these terms and that agreement in relation to the equipment, that agreement applies.
Our privacy policy explains how we handle personal information and forms part of these terms. It is available at resi.net.au/privacy.
2.Who can use our services
To hold an account with us you must be at least 18 years of age, and you must be either the owner of the premises where the equipment is installed or a person authorised to act on the owner’s behalf.
If you are entering into these terms on behalf of a business, you confirm that you have authority to do so and that the business agrees to be bound by them.
Our services are intended for use in Australia. We do not represent that they are suitable for use anywhere else.
3.Your account
You need an account to use most of our services. Your account may be created by you, or set up for you by us or by your installer when your system is commissioned.
You must give us accurate information when you set up your account, and keep it up to date. You can update your details at any time through your account.
You are responsible for keeping your login details secure and for activity that takes place through your account. If you think someone has accessed your account without your permission, tell us promptly at info@resi.net.au so that we can help you secure it.
Where an account is held by a business, the account belongs to that business, not to you personally. The business is responsible for deciding who may use the account and for keeping that list up to date.
You may close your account at any time. Section 13 explains what happens when an account is closed.
4.How you may use our services
You may use our services to monitor and manage the energy system at the site or sites linked to your account, and for purposes reasonably related to that.
You may give other people access to your account, for example someone else in your household or your business, or your installer. If you do, you remain responsible for what they do while using your account, and you must make sure they follow these terms.
You may use, download and share the reports and data generated for your site, including with your accountant, your adviser or your electricity retailer.
Where you use our services for a business, you must make sure that anyone you allow to use the account is authorised to do so by that business.
We may set reasonable limits on how our services are used, for example on how often data can be requested, to keep our systems working properly for everyone.
5.What you must not do
You must not:
- use our services in a way that breaks the law, infringes someone else’s rights, or breaches these terms
- attempt to gain unauthorised access to our systems, interfere with their operation, introduce malicious code, or test the security of our systems without our written permission
- use automated tools to extract data from our services, or connect our services to other systems, without our written permission
- use another person’s account, share your account with someone who is not authorised to use it, or misrepresent who you are
- use our services to send someone else’s system commands that you are not authorised to send, or to interfere with the safe operation of any equipment
- resell or provide access to our services as part of your own service without our written permission
6.What our services do and do not do
Our services let you monitor your energy system, view performance and energy data, receive alerts, and use energy management functions such as tariff optimisation and demand management.
The information and reports we provide are based on data reported by your equipment and on assumptions such as tariff rates and forecasts. They are estimates and may not match your electricity bill or the readings taken by your meter. You should not rely on them as a substitute for your bill, your meter data, or professional advice.
Our services are not a safety system, an alarm system, or a monitoring service that guarantees a response. Your equipment has its own protection and control functions, and these operate independently of our services. Nothing in our services replaces those functions, or the requirements of your installation and the applicable Australian standards.
Where our services adjust how your system charges or discharges, they do so within the limits configured for your site. Actual results depend on your equipment, your site, your tariff, the weather, and how you use energy, and we do not guarantee any particular saving or outcome.
We may make features available that are new or still being developed. Where we do, we will make that clear, and those features may change or be withdrawn.
7.Availability and maintenance
We aim to make our services available at all times, but we do not guarantee that they will be available without interruption or free of errors.
We may need to interrupt our services to carry out maintenance, updates or repairs. Where we plan an interruption that is likely to affect you, we will give you reasonable notice. Where an interruption is urgent, for example to address a security issue, we may act without notice.
We may change, add to or remove features of our services from time to time. Where a change materially reduces the functionality you rely on, we will give you reasonable notice before it takes effect.
Our services depend on your equipment being connected and on services we do not control, including your internet connection and your power supply. We are not responsible for interruptions caused by those things.
If our services are unavailable, your energy system will continue to operate using its own controls and settings.
8.Your data and our data
You keep ownership of the information you give us, such as your account details and the information you enter about your site. You give us permission to use that information to provide our services to you.
Our services collect operational data from the energy systems we supply and monitor. We use that data to operate and support your system, to improve our products and services, and to produce aggregated statistics that do not identify you or your site.
Where the data we hold is personal information, we handle it in accordance with our privacy policy, available at resi.net.au/privacy.
You can access and download the reports and data generated for your site while you hold an account. Our privacy policy explains what happens to your information if your account is closed.
We take reasonable steps to protect the data we hold, but you are responsible for keeping your own records of anything you need to retain.
9.Intellectual property
Our services, including the software, interfaces, text, graphics, logos and reports they contain, are owned by us or our licensors and are protected by intellectual property laws. Nothing in these terms transfers any of those rights to you.
We give you a limited, non exclusive, non transferable right to use our services for the purposes described in these terms, for as long as you hold an account with us. You may use, download and share reports and data generated for your own site.
You must not copy, modify, reverse engineer, or create derivative works from our software, or remove or alter any of our branding, except to the extent the law allows you to do so.
The RESI name and logo are our trade marks. You must not use them without our written permission.
10.Third party services
Our services may connect to, or work alongside, services provided by others. These may include your internet connection, your mobile network, app stores, mapping and weather services, and services provided by your electricity distributor or retailer.
We do not control those services and we are not responsible for them. If you use a third party service, the terms and privacy policy of that provider apply to your use of it.
Our services may also link to websites we do not operate. We provide those links for convenience only and we are not responsible for the content of those websites.
Where a third party service becomes unavailable or changes, our services may be affected. Where that happens we will take reasonable steps to restore or replace the affected functionality, but we may not always be able to do so.
11.Liability
This section is subject to section 12. Nothing in these terms limits your rights under the Australian Consumer Law or any other law that cannot be excluded by agreement.
Our services provide monitoring, reporting and energy management functions. They are not a safety system, an alarm system, or a substitute for the protection and control functions built into your equipment. You should not rely on our services alone to detect or respond to a fault, an outage, or an emergency.
To the extent permitted by law, we are not liable for indirect or consequential loss, loss of profits, loss of revenue, loss of expected savings, or loss of data, however it arises.
To the extent permitted by law, our total liability to you in connection with these terms is limited to the amount you have paid us for the services in the 12 months before the event giving rise to the liability.
We are not liable for a failure or delay in providing our services to the extent it is caused by something outside our reasonable control, including a network or internet outage, a power outage, a failure of a third party service, or an event affecting the electricity grid.
Nothing in this section limits our liability for death or personal injury caused by our negligence, or for fraud.
12.Your rights under Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded, restricted or modified by agreement.
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. If we fail to meet one of those guarantees, you may be entitled to a remedy under that law.
Where the Australian Consumer Law allows us to limit our liability for a failure to comply with a guarantee, and the goods or services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability is limited, at our option, to resupplying the services, paying the cost of having the services supplied again, replacing the goods, supplying equivalent goods, repairing the goods, or paying the cost of any of these.
13.Suspension and termination
You may close your account at any time. Closing your account does not affect your rights in relation to equipment you have already purchased, or any warranty that applies to it.
We may suspend or limit your access to our services if we reasonably believe it is necessary to protect the security of our systems or other users, if your account is being used in breach of these terms, or if we are required to do so by law. Where we do this, we will tell you why and, where the issue can be fixed, what needs to happen for access to be restored.
We may end your access to our services by giving you at least 30 days notice. We may end it without notice only where you have seriously breached these terms, or where we are required to do so by law.
If your access ends, your energy system will continue to operate. You will no longer be able to monitor or control it through our systems. Our privacy policy explains what happens to your personal information.
14.Changes to these terms
We may update these terms from time to time, for example to reflect changes to our services, to our systems, or to the law.
We will publish the updated terms at resi.net.au/terms and, where a change materially affects your rights or obligations, we will give you at least 30 days notice before the change takes effect.
If you do not agree to a change, you may close your account before the change takes effect. Closing your account does not affect your rights in relation to equipment you have already purchased, or any warranty that applies to it.
Changes do not apply retrospectively to anything that has already happened under the earlier version of these terms.
15.Governing law
These terms are governed by the laws of South Australia. You and we each submit to the non-exclusive jurisdiction of the courts of South Australia and the courts able to hear appeals from them.
16.General
If any part of these terms is found to be unenforceable, the rest of these terms continue to apply.
If we do not enforce a right under these terms straight away, we do not give up that right.
We may transfer our rights and obligations under these terms to another party in connection with a sale or restructure of our business. Your rights under these terms will not be reduced as a result. You may not transfer your rights or obligations without our written permission.
These terms, together with our privacy policy, set out the arrangements between us in relation to your use of our services.
17.Notices and contact
We will send notices to the email address on your account, or show them in our services. It is your responsibility to keep your email address up to date. A notice sent by email is taken to be received on the day it is sent, unless we are told it did not arrive. You can contact us at info@resi.net.au.
See also our Privacy Policy.