Terms & Conditions

Definitions

'This agreement' means this agreement between Renergi Renovate Smarter ("Renergi") and the Member as amended from time to time with the approval in writing of the parties;

'Approved subcontractor' means a subcontractor that has entered into an Agreement with Renergi and its Members to provide goods and services;

'Approved supplier' means a supplier that has entered into an Agreement with Renergi and its members to provide goods and services;

'Business day' means a day other than a Saturday, Sunday or other day which is a public holiday or a bank holiday in the place where an act is to be performed, goods are supplied, or a payment is to be made;

'Confidential information' means any or all:

• information provided by one party to the other relating to or in connection with qualified projects;
• information emanating from or belonging to one party which the other acquires during discussion or correspondence between the parties and related to or connected with projects; and
• information produced by or arising from the discussion or correspondence between the parties relating to or connected with qualified projects or the performance of a party's obligations under this Agreement.
• any further information which is specified in the Confidentiality Agreement which the parties will execute as an essential pre-requisite to this Agreement taking effect.

'Information' means ideas, data, instructions, plans, specifications, formulae, know-how, inventions, techniques, technology, computer software, designs, copyright, drawings, process descriptions, reports, developments, results, technical advice and trade secrets whether in documentary, visual, oral, machine-readable and/or other form or samples, equipment and other tangible items.

'Project' is a renovation project undertaken by a RM, consisting of all the various tasks ("elements") either undertaken directly by the RM or to be assigned to subcontractors, and the timeframes and work effort for each element of the project.

"Business Hours" means from 9.00 am to 5.00 pm on a Business Day.

"Copyright" means:

1. any copyright under the Copyright Act 1968 (Cth);
2. any copyright under the law of a country other than Australia; and
3. rights in the nature of or analogous to the rights in (a) and (b) under the law of Australia or any other country (including future copyright and rights in the nature of or analogous to copyright).

"Fee Structure" means the manner and/or calculation of payment as described in Section 7 (Referral Fee) of this Agreement.

"GST" means any goods and services tax under the GST Act or a tax of a like or analogous nature that is imposed, assessed or levied in relation to any supply made of goods, services or any other thing under this Agreement, including the production investment or gross proceeds due for payment.

"GST Act" means A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any associated legislation and regulations.

"GST Invoice" means a valid GST tax invoice in a form that complies with the requirements of the GST Act, for each taxable supply under this Agreement.

"Ineffective" means void, illegal or unenforceable.

"Intellectual Property Rights" means any and all intellectual and industrial protection rights throughout the world including rights in respect of or in connection with:

• any Confidential Information;
• Copyright;
• inventions (including patents);
• trade marks, service marks; and
• designs

"The service" means the services to be provided by Renergi to the RMs, which include recommendations to the RM as to approved subcontractors and suppliers

"Third Party Rights" means Intellectual Property Rights owned by or licensed to third parties.

Obligation binding
The obligations created by this Agreement are legally enforceable and binding on the parties.

Relationship of the parties
The agreement is not intended to create a partnership, joint venture or relationship of principal and agent between the parties.

Notices
A notice or other communication required or permitted to be given by one party to another shall be in writing and:

• delivered; or
• sent by post, postage prepaid; or
• sent by facsimile, to the address or facsimile number for service described below.

• delivered, upon delivery;
• mailed, on actual delivery to that address as evidenced by the relevant postal service's documentation;
• · sent by facsimile, on the next business day after being sent if following transmission the sender receives acknowledgment of receipt in legible form from the addressee.

Parties, costs
Each party shall bear the costs which it incurs during the term of this agreement in connection with its obligations and activities referred to in this agreement.

Settlement of disputes
Should any dispute or difference ('the dispute') arise between Renergi and the RM during the period of this Agreement or after its determination or breach, the procedure to be followed by the parties to resolve the dispute shall be as follows:

The parties will meet within three (3) days of the dispute arising with a view to resolving by negotiation of dispute;

If the parties are unable to resolve the dispute within the period of three (3) business days referred to in paragraph (2) above either Renergi or the Supplier shall be at liberty to refer the dispute to a court of competent jurisdiction in Queensland.

If any dispute arises at any time between the parties as to any matter in connection with this agreement then either party shall give notice to the other in writing of such dispute.

At the expiration of fourteen (14) days after delivery of such notice unless such dispute shall have been settled it shall be submitted to arbitration by an arbitrator nominated by the Queensland Law Society.

Interpretation
In this Agreement:

• headings and underlinings are for convenience only and do not affect the interpretation of this Agreement;
• explanatory comments do not form part of this Agreement and are not legally binding;
• a reference to this Agreement includes an Annexure, Exhibit or Schedule to this Agreement;
• a provision of this Agreement will not be interpreted against a party just because that party prepared the provision;
• a word or expression in the singular includes the plural, and the other way around;
• words importing a gender include any gender;
• other parts of speech and grammatical forms of a word or phrase defined in this Agreement have a corresponding meaning;
• a reference to a statute includes an amendment or re-enactment to that legislation and includes subordinate legislation in force under it;
• a reference to a document includes an amendment or supplement to, or replacement or novation of, that document;
• a reference to a party to this or any other agreement includes that party's successor and permitted assign;
• a reference to an agreement other than this Agreement includes an undertaking, agreement or legally enforceable arrangement or understanding whether or not in writing;
• a reference to a clause, a Schedule, or an Annexure is a reference to a clause, a schedule or an annexure to this Agreement;
• a reference to a clause includes a reference to a sub-clause; and
• a reference to a person or words denoting a person includes a company, statutory corporation, partnership, joint venture, association, board, government or semi-government agency or authority and that person's successors and legal personal representative;
• the words "includes" and "including" or words of similar effect are not words of limitation.
• The singular includes the plural and the plural includes the singular.
• A reference to a gender includes a reference to each other gender.
• A reference to a person includes a reference to a firm, corporation or other corporate body.
• A reference to a statute, regulation or provision of a statute or regulation ('statutory provision') includes a reference to:
  • that statutory provision as amended or re-enacted from time to time; and
  • placement of that statutory provision.
• A reference to writing includes a reference to printing, typing and each other method of producing words in a visible form.
• Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have corresponding meanings.
• Headings are for ease of reference and do not affect the construction of this agreement.

Currency
All payments due to Renergi shall be paid in Australian dollars in Australia.

Enforceability
Any provision of, or the application of any provision of, this Agreement which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that prohibition.

Any provision of, or the application of any provision of, this agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

Any further steps
Each party will do all things and execute all further documents necessary to give full effect to this agreement.

Assignment
A party shall not assign its interest in the subject matter of this agreement or any right under this Agreement without the prior written consent of the other party.

Statutory requirements
The parties shall comply with and give all notices required by any Acts of Parliament, ordinances, regulations, by-laws, orders and proclamations made or issued under any such Act or ordinance and with the lawful requirements of public, municipal and other authorities in any way affecting or applicable to the works or the execution of the Assignment.

Termination
If the RM is in breach of this Agreement, Renergi may give the RM a notice:

• specifying the breach; and
• requesting the RM to rectify the breach within 10 Business Days of the date that notice of the breach is given to the RM.

Determination of the agreement
This Agreement may be terminated by Renergi on the happening of any of the following events:

In the case of the RM failing to pay the Supplier or Subcontractor as required under the contract with said Supplier or Subcontractor;

In the case of any breach of confidentiality as specified in this Agreement;

Termination by either party shall not release the other from liability in respect of any breach, non-performance or non-observance of any provision, stipulation or obligation to be observed or performed by it pursuant to this Agreement to the date of termination.

Waiver
The failure, delay or omission by a party to exercise any power or right conferred upon such party by this Agreement will not operate as a waiver of the power or right, nor will any single exercise of any such power or right preclude any other or future exercise of the power, or the exercise of any other power or right under this Agreement.

A waiver of any provision of this Agreement, or consent to any departure by a party from any provision of this Agreement, must be in writing and signed by the parties and is effective only to the extent for which it is given.

Disclaimer as to suppliers
Whilst Renergi takes care to ensure that any supplier that we recommend is professional and ethical, we cannot take responsibility for nor make any representation with respect to the accuracy or adequacy of any information or data provided to or by the supplier, whether contained in the sub-contract documents or otherwise. Renergi be liable, whether in contract or tort for negligent misrepresentation or misinformation or otherwise; nor does Renergi assume any duty of care to Suppliers or Subcontractors with respect to information pertaining to the items required, or the failure to provide such information.

Severance
If a clause is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other provisions in this agreement.

Survival
The terms of this Agreement survive its termination to the extent permitted by law.

This Agreement shall be binding upon the heirs, executors, administrators and successors in title of the parties.

Governing law
The law of this agreement is the law of Queensland.

The parties submit themselves to the exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia for all proceedings arising in connection with this agreement which proceedings shall be issued in Queensland.

Entire understanding
This agreement contains the entire agreement between and understanding of the parties relating to the subject matter of this Agreement.

There is no other written or oral understanding, agreement, warranty, representation whether expressed or implied in any way extending, defining, varying or limiting this Agreement or otherwise relating to the subject matter of this agreement.

Privacy Policy

OUR PRIVACY COMMITTMENT
Our customers' privacy is of paramount importance. There are times when we need information from you to ensure the efficient processing of requests, application, enquiries, etc.

We are committed to complying with guidelines issued by the Australian Privacy Commissioner, Commonwealth legislation governing privacy, and relevant internet industry codes of practice. We have created this privacy statement in order to demonstrate our firm commitment to privacy.

This policy applies to the collection, use, disclosure, quality, security, and storage of Personal Information by us and the access to that Personal Information.

We adopt this policy in compliance with our obligations under the Privacy Amendment (Private Sector) Act 2000 and the National Privacy Principles.

Personal Information is any information or an opinion recorded in any form, about an individual whose identity is apparent or can reasonable be ascertained from the information (Personal Information).

This Policy will be updated from time to time to ensure our continued compliance with the relevant legislation.

Collection of Personal Information
We will only collect Personal Information to the extent that the information is necessary for Renergi's functions and activities, the primary purpose being to assist us in the management and development of our business.

Personal Information will only be collected lawfully and by fair means that are not intrusive, and we will take reasonable steps to ensure that an individual is aware that we are collecting Personal Information about them and that the individual is aware of:

• the reason for collecting the information
• the manner in which the individual can access his or her Personal Information; and
• the organisations to which we may disclose Personal Information.

USE AND DISCLOSURE
Personal Information:

• will be obtained only for the Purpose and will not be further processed in any manner incompatible with the Purpose;
• will be adequate, relevant and not excessive in relation to the purpose or purposes for which it is processed

Personal Information may be used or disclosed for the management and development of our business where the individual has been informed, or we have taken reasonable steps to inform the individual about the purpose, methods of access and to whom the Personal Information may be disclosed.

Personal Information may be used or disclosed for a secondary purpose, but only where:

• we have obtained the consent of the individual; or
• the secondary purpose is related to the primary purpose and it is reasonable to expect that the Personal Information would be disclosed for the secondary purpose; or
• use or disclosure is necessary to prevent a serious threat to life health or safety, or a threat to public health or safety; or
• use or disclosure is authorised by law;
• use or disclosure by or on behalf of an enforcement body.

We may disclose Personal Information (other than Sensitive Information) to:

• a related body corporate without consent from an individual.
• other Renergi organisations outside Australia, which have comparable privacy regimes or where a contractual relationship exists which imposes obligations of privacy equivalent to the obligations under Australian law;
• business partners or other third parties who become involved in our business, for instance because of a joint venture, merger or outsourcing.

Data quality
We will use all reasonable endeavours to ensure that the Personal Information we collect, use and disclose is accurate, complete and where necessary, kept up to date.

Data Security
Appropriate measures will be taken against unauthorised or unlawful processing of Personal Information and against its accidental loss, damage or destruction.

Renergi Renovate Smarter employees:

• are not permitted to access or use the Personal Information for any reason other than a legitimate reason associated with the primary purpose;
• must record Personal Information only in the manner directed by us; and
• must follow all privacy policies or procedures we specify.

Access and correction
All individuals are entitled, and have certain statutory rights, to reasonable access to their own Personal Information to verify it and correct any inaccuracies.

A request for access may be in writing or verbal and the person who requests the information does not have to provide reasons for requiring access.

We will not refuse a legitimate request for access to Personal Information and access may include permitting the applicant to inspect, photocopy, take notes or print out copies of their Personal Information.

We may charge an individual for providing access to their Personal Information, providing the charges are not excessive. Charges may include, a reasonable amount per page for photocopying and where the access requires substantial retrieval effort, a reasonable amount for retrieval.

We may refuse a request for access to Personal Information, where

• we cannot verify the identity of the person requesting the information or the request is otherwise frivolous or vexatious;
• providing access will have an unreasonable impact on the privacy of other individuals;
• the information relates to existing or anticipated legal proceedings between our firm and the individual and the information would not be accessible by the process of discovery;
• providing access would prejudice negotiations between our firm and the individual;
• providing access will pose a serious threat to life or health of an individual; or
• providing access would be against the law.

If we reject a request for access, we will provide reasons in writing to the individual.

If after accessing Personal Information an individual is able to establish that the Personal Information is not accurate, complete or current, we will take reasonable steps to correct the information.

If we do not agree with the individual about the accuracy, completeness or currency of the Personal Information, the individual may ask us to include a statement to be filed or stored with the Personal Information to the effect that the individual claims the Personal Information is not accurate, complete or current. If such a request is made, we must take reasonable steps to file or store such a statement with the Personal Information.

If we refuse to correct Personal Information, we will provide reasons in writing to the individual.

We do not, and will not, use numerical identifiers (such as tax file numbers) for identifying Personal Information.

Where lawful and practicable, we will permit individuals to transact anonymously with us.

Renergi operates in countries outside Australia. Personal information will from time to time be processed in countries other than those in which it was obtained. The countries in which Personal Information are processed may be located within or outside Australia, such as New Zealand.

Personal Information will not be transferred to a country outside Australia without the consent of the individual unless:

• that country or the transferee has a privacy regime similar to Australia's or is subject to a binding contract which includes terms that are substantially similar to the National Privacy Principles; or
• the transfer is necessary for the benefit of an individual; or
• the transfer is necessary for the performance of a contract.

Sensitive information
Sensitive Information is information or an opinion about race, ethnicity, political opinions and associations, religious associations, philosophical beliefs, membership of professions or trade unions, sexual preferences or practices, criminal records or health information (Sensitive Information).

While we do not collect Sensitive Information as a matter of course, Sensitive Information may be included in the Personal Information we are provided or collect.

As a matter of policy, we will only collect Sensitive Information as it relates to membership of professions or trade unions and, political associations to the extent only that the association relates to a major Australian political party.

We will not collect Sensitive Information about race, ethnicity, religious associations, philosophical beliefs, sexual preferences or practices, criminal records or health information.

Complaints
If an individual makes a complaint about the manner in which we have collected, used, disclosed or otherwise dealt with the individual's Personal Information, the complaint should be directed to the General Manager at the address given below.

CONTACTING US
We are available from Monday to Friday, 8am – 5pm (Australian EST/EDST) to assist you with your enquiries.

Renergi Renovate Smarter
PO Box 1440
Carindale Qld 4152
Ph. (07) 3849 2004
Fax (07) 3422 1781
Toll 1300 882 120

You can email your comments to us at: mail@renergi.com.au

RECEIVING FURTHER INFORMATION
We will only send you email informing you of updates and special product promotions if you choose to receive this information. If you would like to receive future promotional information from us, please tick the relevant box in the Application Form. If you decide you no longer wish to receive emails from us, just let us know by sending us an email, telephoning, or writing to us at the above address.