CIMET terms and conditions

Welcome to CIMET! We are a fully-automated, cloud-based comparison platform, supporting our users to compare and save across a range of services, including energy, telecommunications and Solar Products delivery and installation.

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below

• We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites or purchase certain third party products via a link on the Platform or for featuring certain products of services on the Platform
• We are an intermediary between you and a Provider, and are not a party to any arrangement or agreement between you and a Provider
• You authorise us to take a credit card pre-authorisation which will be shared with the Provider or where we are charging the deposit, then for the value of the deposit (as set out on the Platform). Where you proceed with purchasing the Solar Products from a Provider, the Pre-authorisation for the value of the deposit will be converted into a charge in full. Where the Sale is cancelled in accordance with any applicable Provider terms & conditions, we will release the deposit as soon as reasonably practicable
• To the maximum extent permitted by law, we will not be liable for any loss arising from or in connection with a Provider’s acts or omissions, the supply of the Solar Products, a Third Party Service, any loss or corruption of data, or any Consequential Loss
• Our liability under these Terms is limited to us resupplying the Platform to you.

Nothing in these terms limit your rights under the Australian Consumer Law.

• These terms and conditions (Terms) are entered into between CIMET Sales Pty Ltd ACN 620 395 726 (we, us or our) and you, together the Parties and each a Party.
• We provide a cloud-based comparison platform (Platform) where users can compare and engage service providers across the solar installation industry (Comparison services).
• In these Terms, you mean the person accessing and using the Platform.

• By using CIMET, you acknowledge and accept the terms and conditions mentioned hereof.
• You must be at least 18 years old to use the Platform.
• You must be the authorized person to take a decision regarding the property on which installation has to be made.
• These Terms will commence on the date they are accepted in accordance with their terms, and will continue until either a Confirmed Sale or Cancelled Sale (as defined below) has occurred (Term).
• We may amend these Terms at any time, by providing written notice to you. By clicking "I accept" or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you must immediately cease using the Platform.
• We may use API(s) to provide you with accurate information on the Platform. Your use of third party APIs may be subject to their additional terms of use.
• Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
• When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
  • Anything that would constitute a breach of an individual s privacy (including uploading private or personal information without an individual s consent) or any other legal rights;
  • Using the Platform to defame, harass, threaten, menace or offend any person, including using the Platform to send unsolicited electronic messages;
  • Tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
  • Using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
  • Facilitating or assisting a third party to do any of the above acts

• You acknowledge and agree that we are the provider of the Platform and the Comparison Services, and simply provide you with access to a comparison tool to support you in making informed decisions when selecting service providers. If you purchase solar goods or services (Solar Products) from a third-party website linked on the Platform (Provider) such as Provider provides the Solar Products to you, not us. We use reasonable commercial endeavours to ensure that the information relating to a Provider or the Solar Products displayed on the Platform is accurate and up to date, however you should do your own research to determine the suitability of any Provider or Solar Product for your own circumstances.
• To the maximum extent permitted by law, we will not be liable for, and you waive and release us from any Liability arising from or in connection with the Solar Products or the acts or omissions of any Provider.
• The Platform contains links to websites operated by third parties, including Providers. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites or purchase certain third- party products via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform.
• From time to time we may perform reasonable scheduled and emergency maintenance, and the Platform may be unavailable during the times we are performing such maintenance.
• You acknowledge and agree that the Platform may be reliant on, or interface with third party systems that are not provided by us (for example, third party APIs or internet providers)(Third Party Services) . To the maximum extent permitted by law, we shall have no Liability for any Third Party Services, or any unavailability of the Platform due to a failure of the Third Party Services.
• You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Platform, you agree to maintain a backup copy of any data you input into the Platform.
• To the maximum extent permitted by law, we shall have no Liability to you for any loss or corruption of data, or any scheduled or emergency maintenance that causes the Platform or the Comparison Services to be unavailable.

• Certain features of the Platform may be available for access by the general public.
• If you would like to purchase a Solar Product via an Affiliate Link, you are required to provide basic information including. your contact name, email address and phone number on the Platform to proceed to the Affiliate Link.
• All Personal Information you provide to us will be treated in accordance with our Privacy Policy.
• You consent to us sharing your Personal Information with your chosen Provider for the purpose of progressing your Sale (as defined below).
• We, and our Providers, may, from time to time, contact you to seek your feedback on the Services, and any Solar Products you have purchased or Providers you have engaged with. You authorise us, and our Providers, to use your personal information to contact you for this purpose.

• A search on the Platform will allow you to browse quotes from various Providers. A quote is an offer from the respective Provider to supply the Solar Products to you on the terms set out in the quote (Offer).
• Where you wish to accept an Offer, you will be redirected to the Provider s website via an Affiliate Link to finalise your purchase (Sale).
• The Sale, and the provision of the Solar Products, may be subject to additional terms and conditions with the Provider. By accepting an Offer and proceeding with a Sale, you agree to enter into a legally binding agreement with the Provider. You acknowledge and agree that we are not a party to any agreement between you and the Provider, and the Provider is solely responsible for the provision of the Solar Products.
• We may require you to provide a credit card pre-authorisation before you can proceed with a Sale (Pre-authorisation). The Pre-authorisation will be for the value of the deposit as set out on the Platform.
• You agree that where any applicable cooling off period lapses and the Sale finalises with the Provider (Confirmed Sale), we will convert the full amount of the Pre-authorisation into a charge following any applicable cooling off period, without further notice to you (Deposit).

• We will process the refund of the Deposit to you when you decide to cancel a Sale with the Provider for the following reasons,
  • Cancellation of Sale within the cooling-off period as per the terms and conditions of the Provider; or
  • Where the Provider does not install the system within the target date mentioned in the agreement, and you choose to end the agreement with the Provider; or
  • If the Provider gives the notice of a price increase and you choose to end the agreement with the Provider rather than accept the price increase; or
  • Grid connection approval is refused; or
  • If any of the equipment quoted is unattainable and you do not agree to equipment of a similar quality being substituted.
• Where you decide to cancel a Sale in accordance with the Provider s terms and conditions (Cancelled Sale), we will release the Pre-authorisation in full as soon as reasonably practicable following written notification of the Cancelled Sale to us by the Provider. You acknowledge and agree that where we release a Pre-authorisation due to a Cancelled Sale, the release can take up to 10 Business Days to revert the amount into your chosen account.
• If you decide to cancel a Sale through us, for cancellation, you can either call us at 1300018000or email us at [email protected]. We will process your cancellation and inform the Provider within 48 hours of cancellation. We will release the Pre-authorisation in full as soon as reasonably practicable. The release can take up to 10 Business Days to revert the amount into your chosen account.
• You must not pay, or attempt to pay, any Pre-authorisation by fraudulent or unlawful means. You warrant that you are authorised to use the credit card to make the Pre-authorisation or any other payment.
• We may offer payment options through a third-party provider You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.

• The cancellation or refund of a Confirmed Sale is strictly a matter between you and the Provider.
• Where the supply of the Solar Products is unable to proceed due to a determination by the Provider that the supply location is unsuitable, the Provider must notify us in writing, in which case we will release any Pre-authorisation held by us or otherwise issue a refund of any Deposit taken by us. You acknowledge and agree that our Liability to provide you with a refund is limited only to the amount of the Deposit taken by us, and not the whole value of the Confirmed Sale.
• To the maximum extent permitted by law, any Deposit paid by you to us is non-refundable in all other circumstances.

• You acknowledge and agree that we own or license all Intellectual Property or content (including copyright and trademarks) available on the Platform, the Platform itself, and any algorithms or machine learning models used on the Platform (Our Intellectual Property).
• We authorise you to use Our Intellectual Property solely for your personal use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. You may only access Our Intellectual Property on your personal device, and you may not use Our Intellectual Property for any commercial purpose.
• You must not, without our prior written consent:
  • Copy, in whole or in part, any of Our Intellectual Property;
  • Reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
  • Breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
• This clause will survive the termination or expiry of these Terms.

• You acknowledge and agree that we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Platform, in an aggregated and anonymised format (Analytics). You acknowledge and agree that we own all rights in the Analytics, and that we may use the Analytics for our own internal business purposes, provided that the Analytics do not contain any identifying information.

• You represent warrant and agree that:
  • You will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
  • There are no legal restrictions preventing you from entering into these Terms; and
  • All information and documentation that you provide to us in connection with these Terms is true, correct and complete.

• Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).
• If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
• Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis. This clause will survive the termination or expiry of these Terms.

• Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability cause or contributed to by, arising from or in connection with:
  • The Provider s acts or omissions; and/or
  • The supply of the Solar Products.
• Despite anything to the contrary, to the maximum extent permitted by law:
  • Neither Party will be liable for Consequential Loss;
  • Each Party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party s personnel, including any failure by that Party to mitigate its losses; and
  • Our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the Platform to you
• This clause will survive the termination or expiry of these Terms.

• These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if.
  • The other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
  • The Defaulting Party is unable to pay its debts as they fall due.
• Should we suspect that you are in breach of these Terms, we may suspend your access to the Platform while we investigate the suspected breach.
• Upon termination of these Terms
  • As a result of your unrectified default, you acknowledge and agree that we may, in our sole discretion, limit you from accessing the Platform in the future.
• Termination of these Terms will not affect any rights or liabilities that a Party has accrued under these Terms.
• This clause will survive the termination or expiry of these Terms..

• Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
• Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
• Disputes: A Party may not commence court proceedings relating to a dispute without first meeting with the other Party to seek (in good faith) to resolve the dispute, failing which the Parties agree to engage a mediator to attempt to resolve the dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction
• Force Majeure: Neither Party will be liable for any delay or failure to perform their respective obligations under these Terms if such delay or failure is caused or contributed to by a Force Majeure Event, provided the Party seeking to rely on the benefit of this clause, as soon as reasonably practical, notifies the other party in writing about the Force Majeure Event and the extent to which it is unable to perform its obligations and uses reasonable endeavours to minimize the duration and adverse consequences of the Force Majeure Event.
• Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
• Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
• Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
• Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

• Consequential Loss means, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise; any loss or damage that cannot be considered to arise according to the usual course of things from the relevant breach, act or omission, whether or not such loss or damage may reasonably be supposed to have been in the contemplation of the Parties at the time they entered into these Terms as the probable results of the relevant breach, act or omission, and/or, any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data. The Parties agree that your obligation to pay us the Fee under these Terms will not constitute "Consequential Loss"
• Force Majeure Event means any event or circumstance which is beyond a Party's reasonable control.
• Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.
• Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
• Personal Information means 'personal information' as defined in the Privacy Act 1988 (Cth)

For any questions or notices, please contact us at:

CIMET Sales Pty Ltd (ACN 620 395 726)

Email: [email protected]

Last update: 13 January 2023

© LegalVision ILP Pty Ltd