Welcome to www.sunmap.com.au (the 'Website'). The Website provides tools to place solar
panel imagery onto map or image layers provided externally (the 'Services').
The Website is operated by Solar Proof Pty Ltd PTY. LTD. (ABN 97 622 673 116) . Access to and
use of the Website, or any of its associated Products or Services, is provided by Solar Proof
Pty Ltd. Please read these terms and conditions (the 'Terms') carefully. By using, browsing
and/or reading the Website, this signifies that You have read, understood and agree to be
bound by the Terms. If You do not agree with the Terms, You must cease usage of the Website,
or any of Services, immediately.
Solar Proof Pty Ltd reserves the right to review and change any of the Terms by updating this
page at its sole discretion. When Solar Proof Pty Ltd updates the Terms, it will use reasonable
endeavours to provide You with notice of updates to the Terms. Any changes to the Terms take
immediate effect from the date of their publication. Before You continue, we recommend You keep
a copy of the Terms for Your records.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept
or agree to the Terms where this option is made available to You by Solar Proof Pty Ltd in the user
Registration to use the Services
In order to access the Services, You must first register for an account through the Website
As part of the registration process, or as part of Your continued use of the Services, You may
be required to provide personal information about Yourself (such as identification or contact
Name & Company Name
You warrant that any information You give to Solar Proof Pty Ltd in the course of completing
the registration process will always be accurate, correct and up to date.
Once You have completed the registration process, You will be a registered member of the Website
('Member') and agree to be bound by the Terms.
You may not use the Services and may not accept the Terms if:
You are not of legal age to form a binding contract with Solar Proof Pty Ltd; or
You are a person barred from receiving the Services under the laws of Australia or
other countries including the country in which You are resident or from which You use
Your obligations as a Member
As a Member, You agree to comply with the following:
You will use the Services only for purposes that are permitted by:
The Terms; and
Any applicable law, regulation or generally accepted practices or guidelines in
the relevant jurisdictions;
You have the sole responsibility for protecting the confidentiality of Your password
and/or email address. Use of Your password by any other person may result in the
immediate cancellation of the Services;
Any use of Your registration information by any other person, or third parties,
is strictly prohibited. You agree to immediately notify Solar Proof Pty Ltd of any
unauthorised use of Your password or email address or any breach of security of which
You have become aware;
Access and use of the Website is limited, non-transferable and allows for the
sole use of the Website by You for the purposes of Solar Proof Pty Ltd providing
You will not use the Services or the Website in connection with any commercial endeavours
except those that are specifically endorsed or approved by the management of Solar
Proof Pty Ltd;
You will not use the Services or Website for any illegal and/or unauthorised use which
includes collecting email addresses of Members by electronic or other means for the
purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
You agree that commercial advertisements, affiliate links, and other forms of
solicitation may be removed from the Website without notice and may result in
termination of the Services. Appropriate legal action will be taken by Solar Proof Pty
Ltd for any illegal or unauthorised use of the Website; and
You acknowledge and agree that any automated use of the Website or its Services is prohibited.
Where the option is given to You, You may make payment for the Services
(the 'Services Fee') by way of:
All payments made in the course of Your use of the Services are made using ....... In using
the Website, the Services or when making any payment in relation to Your use of the Services,
You warrant that You have read, understood and agree to be bound by the ...... terms and
conditions which are available on their website.
You acknowledge and agree that where a request for the payment of the Services Fee is returned
or denied, for whatever reason, by Your financial institution or is unpaid by You for any other
reason, then You are liable for any costs, including banking fees and charges, associated with
the Services Fee.
You agree and acknowledge that Solar Proof Pty Ltd can vary the Services Fee at any time .
Solar Proof Pty Ltd will only provide You with a refund of the Services Fee in the event they are unable
to continue to provide the Services or if the manager of Solar Proof Pty Ltd makes a decision, at its
absolute discretion, that it is reasonable to do so under the circumstances (the 'Refund').
Copyright and Intellectual Property
The Website, the Services and all of the related products of Solar Proof Pty Ltd are subject to
copyright. The material on the Website is protected by copyright under the laws of Australia and
through international treaties. Unless otherwise indicated, all rights (including copyright) in
the Services and compilation of the Website (including but not limited to text, graphics, logos,
button icons, video images, audio clips, Website, code, scripts, design elements and interactive
features) or the Services are owned or controlled for these purposes, and are reserved by Solar
Proof Pty Ltd or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Solar
Proof Pty Ltd, who grants to You a worldwide, non-exclusive, royalty-free, revocable license
whilst You are a Member to:
Use the Website pursuant to the Terms;
Copy and store the Website and the material contained in the Website in Your device's
cache memory; and
Print pages from the Website for Your own personal and non-commercial use.
Solar Proof Pty Ltd does not grant You any other rights whatsoever in relation to the Website
or the Services. All other rights are expressly reserved by Solar Proof Pty Ltd.
Solar Proof Pty Ltd retains all rights, title and interest in and to the Website and all related
Services. Nothing You do on or in relation to the Website will transfer any:
Business name, trading name, domain name, trade mark, industrial design, patent,
registered design or copyright, or
A right to use or exploit a business name, trading name, domain name, trade mark or
industrial design, or
A thing, system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a thing, system or process),
You may not, without the prior written permission of Solar Proof Pty Ltd and the permission of
any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post,
distribute, show or play in public, adapt or change in any way the Services or third party
Services for any purpose, unless otherwise provided by these Terms. This prohibition does not
extend to materials on the Website, which are freely available for re-use or are in the public
Solar Proof Pty Ltd takes Your privacy seriously and any information provided through Your use
available on the Website.
Nothing in the Terms limits or excludes any guarantees, warranties, representations or
conditions implied or imposed by law, including the Australian Consumer Law (or any liability
under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
all terms, guarantees, warranties, representations or conditions which are not expressly
stated in the Terms are excluded; and
Solar Proof Pty Ltd will not be liable for any special, indirect or consequential loss
or damage (unless such loss or damage is reasonably foreseeable resulting from our
failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or
damage to goodwill arising out of or in connection with the Services or these Terms
(including as a result of not being able to use the Services or the late supply of the
Services), whether at common law, under contract, tort (including negligence), in equity,
pursuant to statute or otherwise.
Use of the Website and the Services is at Your own risk. Everything on the Website and the
Services is provided to You "as is" and "as available" without warranty or condition of any kind.
None of the affiliates, directors, officers, employees, agents, contributors and licensors of
Solar Proof Pty Ltd make any express or implied representation or warranty about the Services or
any products or Services (including the products or Services of Solar Proof Pty Ltd) referred to
on the Website. includes (but is not restricted to) loss or damage You might suffer as a result
of any of the following:
Failure of performance, error, omission, interruption, deletion, defect, failure to
correct defects, delay in operation or transmission, computer virus or other harmful
component, loss of data, communication line failure, unlawful third party conduct, or
theft, destruction, alteration or unauthorised access to records;
The accuracy, suitability or currency of any information on the Website, the Services,
or any of its Services related products (including third party material and advertisements
on the Website);
Costs incurred as a result of You using the Website, the Services or any of the products
of Solar Proof Pty Ltd; and
The Services or operation in respect to links which are provided for Your convenience.
Limitation of liability
Solar Proof Pty Ltd's total liability arising out of or in connection with the Services or these
Terms, however arising, including under contract, tort (including negligence), in equity, under
statute or otherwise, will not exceed the resupply of the Services to You.
You expressly understand and agree that Solar Proof Pty Ltd, its affiliates, employees, agents,
contributors and licensors shall not be liable to You for any direct, indirect, incidental,
special consequential or exemplary damages which may be incurred by You, however caused and under
any theory of liability. This shall include, but is not limited to, any loss of profit (whether
incurred directly or indirectly), any loss of goodwill or business reputation and any other
Termination of Contractc
The Terms will continue to apply until terminated by either You or by Solar Proof Pty Ltd as set
If You want to terminate the Terms, You may do so by:
Providing Solar Proof Pty Ltd with ...... days' notice of Your intention to terminate; and
Closing Your accounts for all of the services which You use, where Solar Proof Pty Ltd
has made this option available to You.
Your notice should be sent, in writing, to Solar Proof Pty Ltd via the 'Contact Us' link on our
Solar Proof Pty Ltd may at any time, terminate the Terms with You if:
You have breached any provision of the Terms or intend to breach any provision;
Solar Proof Pty Ltd is required to do so by law;
The provision of the Services to You by Solar Proof Pty Ltd is, in the opinion of Solar
Proof Pty Ltd, no longer commercially viable.
Subject to local applicable laws, Solar Proof Pty Ltd reserves the right to discontinue or
cancel Your membership at any time and may suspend or deny, in its sole discretion, Your access
to all or any portion of the Website or the Services without notice if You breach any provision
of the Terms or any applicable law or if Your conduct impacts Solar Proof Pty Ltd's name or
reputation or violates the rights of those of another party.
You agree to indemnify Solar Proof Pty Ltd, its affiliates, employees, agents, contributors,
third party content providers and licensors from and against:
All actions, suits, claims, demands, liabilities, costs, expenses, loss and damage
(including legal fees on a full indemnity basis) incurred, suffered or arising out of
or in connection with Your Content;
Any direct or indirect consequences of You accessing, using or transacting on the
Website or attempts to do so; and/or
Any breach of the Terms.
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court
proceedings in relation to the dispute, unless the following clauses have been complied with (except
where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written
notice to the other party detailing the nature of the dispute, the desired outcome and the action
required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms
Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by
negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been
resolved, the Parties must either agree upon selection of a mediator or request that an
appropriate mediator be appointed by the President of the Australian Mediation Association
or his or her nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost
of the venue of the mediation and without limiting the foregoing undertake to pay any amounts
requested by the mediator as a pre-condition to the mediation commencing. The Parties must each
pay their own costs associated with the mediation;
The mediation will be held in NSW, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with
this dispute resolution clause are confidential and to the extent possible, must be treated as "without
prejudice" negotiations for the purpose of applicable laws of evidence.
13.5. Termination of Mediation:
If 2 weeks have elapsed after the start of a mediation of the Dispute and the Dispute has not been
resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
Venue and Jurisdiction
The Services offered by Solar Proof Pty Ltd is intended to be viewed by residents of Australia. In the
event of any dispute arising out of or in relation to the Website, You agree that the exclusive venue
for resolving any dispute shall be in the courts of New South Wales, Australia.
The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding
or claim of whatever nature arising out of or in any way relating to the Terms and the rights created
hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales,
Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity
of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties
hereto and their successors and assigns.
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both
parties having taken the opportunity to obtain independent legal advice and declare the Terms are not
against public policy on the grounds of inequality or bargaining power or general grounds of restraint
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction,
that part shall be severed and the rest of the Terms shall remain in force.