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When to register as a ‘Business’?

A 'Business' for the purposes of the EEIQ Portal, can be either a small, medium or large sized company which has;

Typically, a business will engage with different contractors and indirectly their sub-contractors to complete work on site. Furthermore, these businesses’ will have their own internal employees whom undertake daily financial, human resource and administrative tasks, as well as managing the EEIQ Portal on behalf of the business.

The business will typically extend account access to both their contractors (including sub-contractors) as well as their own internal staff.

Do I register as an Installer?

An ‘Installer’ is an individual that works on behalf of a business. An Installer for the purposes of the EEIQ Portal can be any of the following:

Once you’ve registered as an Installer within the EEIQ Portal, link your profile to the relevant Contractor(s) and/or Business(es).

When to register as a ‘Contractor’?

A ‘Contractor’ is typically engaged by a business to provide materials and/or labour to complete a service or installation on their behalf in field.

Similarly, sub-contractors may also be contracted by contractors to complete works in field.

If you’re either a contractor operating on behalf of a larger business or a sub-contractor working on behalf of a contractor, please register as a Contractor.

Terms and Conditions of Use

1. About the website

2. Website Content

3. Registration to access the Services

    1. a) full name;
    2. b) licence details;
    3. c) police checks;
    4. d) insurance details;
    5. e) contact number;
    6. f) address details;
    7. g) a mailing address; and
    8. h) a password.

4. Obligations of Users

As a User you must comply with the following:

    a) use the Services only for purposes that are permitted by the Terms and any applicable laws and regulations;
    b) not to share your User Account with any other person unless you are registering on behalf of Business or Contractor, in which case you may share the User Account with the employees or owners of the business as required;
    c) not expressly or impliedly impersonate another User or use the User Account or password of another User at any time;
    d) in the instance, you believe your account to be compromised such as breach of security notify MAC immediately; and
    e) warrant that you will not maliciously create additional registration accounts for the purpose of abusing the functionality of the site.

5. Subscription Plan

    5.1. For the User to gain full access to the Content, the User must subscribe or be linked to a User that has “the Subscription Plan”.
    5.2. Your use of our Services generally requires you to pay a yearly “Subscription Fee” based on your Subscription Plan type.
    5.3. You acknowledge and agree that the Subscription Plan selected was chosen to suit your needs.
    5.4. Your Subscription Plan will commence from when MAC confirms your payment and will continue for a period of one year (“the Subscription Plan Term”).
    5.5. Modifications to the Subscription Plan will take effect from the ensuing month of receipt of request for such modification.
    5.6. Subscription Plans and Fees are non-cancelable and non-refundable. You may choose to upgrade a to Subscription Plan with a higher Subscription Fee value, however you cannot downgrade to a Subscription Plan with a lower Subscription Fee value than the last Subscription Plan selected until your Subscription Plan Term ends.
    5.7. Subscription Fees are subject to change. New pricing takes effect upon renewal, upgrade or downgrade of your Subscription Plan.

6. User Accounts

    User Accounts provided as part of the Subscription Plan are deemed “used” once an email has registered within a Subscription Plan, this email is locked out for the duration of the Subscription Plan Term.

7. Updates

    “Updates” means new versions of the Services, whether for the purpose of fixing an error bug or other issues or enhancing the functionality of the Services. From time to time, the Website may be subject to Updates, without giving notice to Users of the Services.

8. Secure online storage of personal documents

    The storage service within the Website is intended to maintain copies of documentation as inputted by the User. MAC reserves the right to store documentation in any format, whether digitally or otherwise.

9. General Disclaimer

    9.1. 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.
    9.2. If you are not a Consumer (under the Australian Consumer Law), you agree that MAC has no direct or indirect liability (including in negligence) to you in any way related to your use of the Website and/or Services.
    9.3. If you are a Consumer (under the Australian Consumer Law), MAC limits all its direct and indirect liability (including in negligence) to you to the Consumer Guarantees under the Australian Consumer Law, to the extent permitted by law:
    1. a) we exclude all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise; and
    1. b) we will not be liable for any liabilities, claims, costs and expenses, damage or injury or any special, direct, 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.
    9.4. Use of the Website and the Services is at your own risk. Everything in relation to the Website and the Services are provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of MAC make any express or implied representation or warranty about its Content or the Services referred to on the Website.
    This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
    1. a) failure of performance, error, omission, interruption, deletion, delay in operation, computer virus or other harmful component, loss of data, unlawful third-party conduct, theft, destruction, alteration or unauthorised access to records;
    1. b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Content (including third party material);
    1. c) costs incurred as a result of you using the Website or Services;

10. Limitation of Liability

    10.1. Material submitted by Users on the Website is the sole responsibility of those Users. We accept no responsibility for User’s materials, including, without limitation, any error, omission or inaccuracy therein.
    10.2. MAC’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 the total liability of MAC is the resupply of the Services to you, which shall be capped at a maximum amount of $100.00.
    10.3. You expressly understand and agree that MAC, its affiliates, directors, officers, employees, agents, contributors, third party content providers and licensors, shall not be liable to you for any loss or damage, or 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 intangible loss.

11. Indemnity

    11.1. You agree to indemnify MAC and its affiliates, directors, officers, employees, agents, contributors, third party content providers and licensors from and against any and all claims, damages, liabilities, losses, settlements, costs and expenses which arise out of or relate to your use of the Website and/or Services, including but is not limited to:
    1. a) any misuse of the Website or Services by you, including and without limitation, any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
    1. b) your breach of the Terms; or
    11.2. This indemnity will survive termination of the Terms.
    11.2. This indemnity will survive termination of the Terms.

12. Confidentiality

    12.1. MAC will ensure that it does not make public or disclose the confidential information gathered through the Website except to law officers or organisations that have a “need to know” (and only to the extent that they have to know).
    12.2. MAC has deemed Administrators’ for the following State-based Schemes have a “need to know” and may provide information captured via User Accounts;
    • Retailer Energy Efficiency Scheme (REES)
    • Victorian Energy Efficiency Target (VEET) Scheme
    • Energy Savings Scheme (ESS)
    • Victorian Energy Efficiency Target (VEET) Scheme

13. Termination

    13.1. Subscription Plans renew automatically at the end of the Subscription Plan Term. MAC may terminate any Subscription Plans before the end of the Subscription Plan Term if it reasonably believes there is a violation of these Terms.
    13.2. All provisions of the Terms which by their nature should survive termination will survive termination, including, confidentiality, general disclaimer, limitation of liability and indemnity.
    13.3. If for any reason, we believe that you have not complied with these requirements, we may at our own discretion, cancel your access to the Content and/or the User Account immediately and without giving notice.

14. Dispute Resolution

    14.1. The Dispute Resolution Process is as follows:
    1. a) Any dispute between parties that relates to use of the Website, shall be referred to the authorised persons of each party to attempt to resolve the dispute in good faith. If the dispute cannot be resolved within 30 days of the initial meeting the matter will be referred to mediation.
    1. b) For the avoidance of doubt, the Parties need not attend the mediation or other means of resolution in person. The Parties may attempt to resolve the matter via any means of electronic communications.
    1. c) 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.
    1. d) All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the fullest extent possible, must be treated as “without prejudice” negotiations.
    1. e) If thirty (30) days 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.
      f) In the event that the Dispute is not resolved, at the conclusion of the mediation, either party may institute legal proceedings concerning the subject matter of the Dispute thereafter.
    14.2. In the event that a dispute arises from these Terms, MAC and you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.

15. Intellectual Property

    15.1. MAC reserves all present and future rights to intellectual property designed, devised, prepared or brought into existence by MAC in connection to the provision of this Website, the Content and Services, including but not limited to; patents, copyrights, registered and unregistered designs, animations, illustrations, photographs, films, artwork, graphic materials, trademarks (whether registered or common law trademarks), training material, collateral, forms, presentations, any corresponding property rights under laws of any jurisdiction.
    15.2. Users have no right, title or interest in any background or created MAC IP. Users agree to not copywrite, reproduce, duplicate or distribute any MAC content unless written permission is received by MAC for this purpose.
      1. reproduce;
      2. transmit;
      3. store; or
      4. disseminate any part of the material in any other form, unless we have indicated you may do so.

16. Third Party Websites

    16.1. The Website may contain links or references to other websites operated, controlled or produced by third parties. MAC does not control endorse, sponsor or approve any such third-party websites nor take any responsibility whatsoever for any aspect of those websites or their content.

17. SMS

    Recipients give consent to SMS messaging through their existing business or relationship with MAC.
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EEIQ Portal.
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Contact

Call our friendly team on 1300 020 381 or email us at info@eeiq.com.au.

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