An Activity Provider can fall under two general definitions;
These energy savings activities differ from state to state and can include;
Under each of the Regulatory Schemes; such as in Victoria, South Australia and New South Wales; there are obligations, rulings and expectations with respect to conducting energy saving activities. These differ from state to state;
If you are accredited in NSW this does not automatically deem you accredited in VIC and vice versa. These schemes are administered by differed regulators and accreditations cannot be transferred.
In NSW and VIC, businesses are still able to participate in the creation of energy saving activities despite not being formally accredited by the Scheme Administrator. These businesses/organisations are able to subcontract their services to an AP or ACP that is operating and completing energy saving activities. Businesses/organisations are in most instances bound by the same legislative and legal requirements as those deemed necessary for Accredited Activity Providers.
Installers are individuals that work on behalf of retailers, AP’s or subcontracting businesses that complete energy saving activities in field.
Depending on the nature, complexity and technicality of an energy saving activity, the required skills of the Installer can vastly differ. Installers may be trades persons such as electricians and plumbers; as well as being individuals whom have been trained in undertaking an energy saving activity that does not the individual to be highly skilled such as changing over old fluorescent lamps to compact fluorescent lamps. Other examples include:
Installers under each respective State scheme are expected; regardless if they are subcontracted or working for an Accredited Activity Provider or Retailer; to have undertaken training to understand their obligations and requirements when operating under each Scheme.
1.1. Welcome to eeiq.com.au (the “Website”). The Website provides you with the opportunity to create an account and use the EEIQ portal. The Website provides this service by way of granting you access to the content on the Website (the “Services”).
1.2. This website is operated by MAC Energy Efficiency Group (ACN 612 163 783)(“MAC”). Please read these Terms and Conditions of Use (“Terms”) carefully. By using, browsing and/or reading the Website, or any other websites run by MAC, signifies that you read, understood and agree to be bound by the Terms. You may also accept the Terms by clicking to accept or agree to the Terms where the is option made available to you by MAC in the user interface. If you disagree with the Terms, you must cease immediately any use of the Website or Services.
1.3. MAC reserves the right to review and change any of the Terms by updating this page at any time at its own discretion. Any changes to the Terms take immediate effect from the date of their publication.
1.4. If you wish to establish a link to this Website, you must first seek approval from MAC. To seek approval, please contact firstname.lastname@example.org.
2.1. MAC endeavours to take reasonable care in preparing and maintaining training, industry and regulatory information on this Website, to the best of its professional ability and in accordance with the Code requirements. Users are encouraged to read and understand their obligations under the Code and not to rely solely on the information provided by MAC. We do not warrant the accuracy, reliability, adequacy or completeness of any of the website content (the “Content”).
2.2. You acknowledge and accept that the Content may include technical inaccuracies and typographical errors. The Content is subject to change at any time without notice and may not be up to date or accurate upon viewing.
2.3. To the extent permitted by law, including the Competition and Consumer Act 2010 (Cth), MAC disclaims all liability for loss directly or indirectly arising form you use of or reliance on the Website and the Content.
3.1. In order to access the Services, you must first register as a user of the website. As part of the registration process, or a part of your continued use of the Services, you are required to provide personal and business information which includes (but is not limited too):
a) full name;
b) licence details;
c) police checks;
d) insurance details;
e) contact number;
f) address details;
g) a mailing address; and
h) a password.
3.2. You warrant that any information you provide to MAC in completing the registration process will always be accurate, correct and up to date.
3.3. Once you have completed the registration process, you will be a registered user of the Website (“User”) and agree to be bound by the Terms.
3.4. Once your registration process is completed, MAC will approve your account within a reasonable timeframe.
3.5. Once MAC has approved your account, this will be fully accessible by you (“User Account”).
3.6. You understand that by supplying MAC with your email address you may receive emails or newsletters time to time from MAC.
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 as an Activity Provider, 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.
5.1. The Website Currency is in “Credits”.
5.2. A User may purchase credits via the Website to access the Services on the Website. All credits are in Australian Dollars (AUD).
6.1. Once Credits have been applied to a training module and the User has moved past the refund point, the Credits become non-refundable.
6.2. If the User has selected to exit the training module prior or at the refund point, the credits will appear unused in the User Account.
6.3. Refunds of unused credits can be made and are subject to a Processing Fee of $50.00 ex. GST per refund transaction.
6.4. If a User is dissatisfied with the Product, the User must notify MAC within 14 days and MAC will attempt to resolve the User’s concerns.
6.5. If your credits are not appearing in your account or the total is incorrect, please contact MAC via email at email@example.com. Any credit enquiries and disputes should be brought to MAC’s attention within 30 days of the payment date. Failure to do so will be deemed to be an admission that the charges are accurate.
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.
8.1. 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.
8.2. 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.
8.3. 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:
a) we exclude all representations, warranties or guarantees, whether express or implied, by statute, trade or otherwise; and
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.
8.4. 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:
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;
b) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Content (including third party material);
c) costs incurred as a result of you using the Website or Services;
d) the Content or operation in respect to links which are provided for your convenience; or
e) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
9.1. 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.
9.2. 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.
9.3. 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.
10.1. 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:
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;
b) your breach of the Terms; or
c) any activity which you engage on or through MAC.
10.2. This indemnity will survive termination of the Terms.
11.1. 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).
11.2. 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)
• Energy Efficiency Improvement Scheme (EEIS)
12.1. If you want to terminate the User Account, you may do so by:
a) providing MAC with written notice of your intention to terminate via email (firstname.lastname@example.org); and
b) closing your accounts for all of the Services that you use, where MAC has made this option available to you.
Your elected termination will be effective upon receipt and acknowledgement of the notice of your intention to terminate by MAC.
12.2. All provisions of the Terms which by their nature should survive termination will survive termination, including, confidentiality, general disclaimer, limitation of liability and indemnity.
12.3. 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.
13.1. The Dispute Resolution Process is as follows:
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.
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.
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.
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.
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.
13.2. 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.
14.1. 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.
14.2. 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.
14.3. In relation to any part of the Website and/or Content you must not:
c) store; or
d) disseminate any part of the material in any other form, unless we have indicated you may do so.
15.1. 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.
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