1. By using the Customer Portal you:
   1. agree to be bound by these terms of use (End User Licence Agreement) which governs your use of the Customer Portal; and
   2. acknowledge that you have read our Privacy Policy.
2. Please review the End User Licence Agreement carefully before you accept them. If you do not agree to the End User Licence Agreement You will not be able to use the Zelora Customer Portal.
3. You may only use the Customer Portal if you are 16 years or older. By using the Customer Portal, you confirm that you are 16 years or older.
4. We reserve the right to amend this End User Licence Agreement Terms at any time. We will inform you of any changes either:
   1. through the Customer Portal when you access the Customer Portal for the first time following the change; or
   2. by email,
5. Your continued use of the Customer Portal following the notification of changes we have made to the Customer Portal Terms will mean that you accept the changes.

1. The Customer Portal can be used on most browsers, but is only verified on the latest Safari, Chrome & Edge.
2. In order to use any Services through the Customer Portal, you must:
   1. have a compatible device;
   2. have completed the onboarding steps sent to you via email
3. We may update the Customer Portal to add to, and improve, its functions. Depending on the update, you may not be able to use the Customer Portal until you have opened the latest version and accepted any new or additional terms.
4. If you have any issues with the Customer Portal, please visit https://support.evergen.energy/technical-support and we will do our best to help you.
5. You acknowledge that the Customer Portal may be dependent upon other parties and that it may not always be available or work perfectly (for example, in the case of maintenance, fraud, or a fault in the systems used to provide the Customer Portal). These events are sometimes outside of our control.

1. We will create an account in the App for you, which you can access using the mobile number registered with your profile (Account). After entering your mobile number, a unique pin will be sent to you which you can use to log into your Account and start using the Customer Portal.
2. If you wish to provide access to another member of your household to the Customer Portal, please contact our support team https://support.evergen.energy/technical-support

4. What the Customer Portal does and how you can use it

1. The Customer Portal enables you to monitor your energy resources from a single interface.
   1. Multiple devices connected in the home
   2. When the home is drawing from solar or the grid
   3. Home load and energy flow to and from connected devices
   4. Generation and consumption patterns
   5. Solar production and battery state of charge
   6. Estimated electricity bill savingsYou can use the Customer Portal to visualise:

1. All trade marks, copyright, database rights and other intellectual property rights of any nature in the Customer Portal, together with the underlying software code, is owned by us or our licensors.
2. Any open source software code used in the Customer Portal will be subject to the applicable open source licence terms.
3. We grant you the right to use the Customer Portal for your personal use in accordance with the End User Licence Agreement Terms, unless such right is suspended or terminated under clause 11.

1. use the Customer Portal in any unlawful way or in breach of the End User Licence Agreement Terms, or act fraudulently or maliciously in relation to the Customer Portal;
2. infringe intellectual property rights in relation to the Customer Portal, or your use of it;
3. allow any other person to use the Customer Portal installed on your Device;
4. copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Customer Portal or any part of the Customer Portal, other than as expressly provided in the End User Licence Agreement Terms or otherwise permitted by law, or
5. use the Customer Portal in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other people who use the Customer Portal.

1. You acknowledge that you may be required to use third-party software on your Device in order to use the Customer Portal.
2. You agree that:
   1. we are not responsible for such third-party software (or any updates to that software);
   2. such third-party software is subject to its own terms and conditions and may be subject to additional fees; and
   3. if you are unable or unwilling to obtain or install such third-party software, you may be unable to access or use the Customer Portal.
3. Access to all or parts of the Customer Portal may require your Device to be connected to the internet or require other third-party services. You acknowledge that we are not liable for the activities of any such third parties. You are responsible for ensuring that your installation and use of the Customer Portal does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties.
4. The Customer Portal may contain links to third-party websites or other third-party content or services. Those links are provided for convenience only and may not remain current or be maintained. Such links should not be construed as an endorsement, approval or recommendation by us of the third parties, or of any content or services provided by them. Your use of any third-party content or services may be subject to separate terms and conditions.

1. These End User Licence Agreement only address the use of the Customer Portal. They do not seek to govern any agreement between the parties in relation to access to the Home Energy Optimisation Software or for the supply and installation of hardware or other equipment.
2. To the extent permitted by relevant law, you agree that:
   1. you use the Customer Portal at your own risk;
   2. the Customer Portal is provided on an ‘as is’ and ‘as available’ basis;
   3. unless we and you otherwise agree in writing, we will not be obliged to provide support for the Customer Portal other than as set out in the End User Licence Agreement, and
   4. the Customer Portal cannot be guaranteed to be error-free, and the existence of any errors will not constitute a breach of the End User Licence Agreement.
3. Except as expressly provided to the contrary in the End User Licence Agreement, and to the extent permitted by applicable law, we will not be liable to you for any loss, including special, indirect or consequential damages, or claim, arising directly or indirectly from:
   1. the supply of a defective Customer Portal;
   2. a failure to provide the Customer Portal, in whole or in part;
   3. errors or interruptions occurring in the course of using the Customer Portal;
   4. corruptions to or loss of data in connection with the Customer Portal;
   5. any suspension or discontinuance of the Customer Portal or a part of the Customer Portal;
   6. any use of the Customer Portal by other users, including any use in a manner which contravenes the End User Licence Agreement, or
   7. a breach of the End User Licence Agreement.
4. You may have rights under the Australian Consumer Law, including the Consumer Guarantees, that we cannot lawfully exclude or limit. Nothing in these End User Licence Agreement has the effect of excluding, restricting or modifying any of those rights and Consumer Guarantees.
5. Where the law implies a warranty into the End User Licence Agreement which may not lawfully be excluded, including those under Australian Consumer Law, our liability for breach of such a warranty will be limited to, if applicable and to the extent the App is considered a ‘good’ under applicable law, repairing, replacing or supplying equivalent goods, or paying the cost of any of those remedies to you.
6. You agree to reimburse us for any losses we incur as a result of your breach of, or failure to comply with, the End User Licence Agreement or if we suffer any losses as a result of your use of the App.

1. When we receive data from you, we will take reasonable steps to preserve the security of such information. While we take reasonable steps to do so, we do not warrant and we cannot ensure the security of any information transmitted using the Customer Portal. Nevertheless, when we receive data from you, we will take reasonable steps to preserve the security of such information.
2. You must ensure your Device and security credentials remain secure. This includes:
   1. maintaining strong security settings to prevent unauthorised unlocking or use;
   2. not sharing your security credentials (such as an access code) with any other person; and
   3. We also recommend that you have security protection on all of your Devices (such as a passcode or fingerprint to unlock the Device) to prevent others attempting to access the Customer Portal.
3. You must take your own precautions to ensure that the process you use for accessing the Customer Portal does not expose you to the risk of viruses, malicious code or other forms of interference which may damage your Customer Portal. We do not accept responsibility for any interference or damage to Devices which arises in connection with use of the Customer Portal or caused by other devices or apps.

1. The End User Licence Agreement continue until terminated by either us or you under this clause.
2. We may immediately terminate the End User Licence Agreement and your use of the Customer Portal if you have breached or threaten to breach any term in the End User Licence Agreement, or we have reasonable grounds to suspect that you have done so or intend to do so. If we notify you of such termination, you must immediately delete the Customer Portal from all Devices in your possession or control and you must not access the Customer Portal again.
3. We may suspend or terminate access to the Customer Portal if we deem it necessary or prudent to do so:
   1. in order to preserve the integrity and security of the Customer Portal, the data collected from it, or any related equipment or systems;
   2. for legal reasons, including any change in the law;
   3. due to circumstances beyond our reasonable control, including disruption to network connections or equipment, loss of third-party services, denial of service attacks, strikes, lock-outs, labour disputes, acts of God, acts of nature, acts of government or their agencies, fire, flood, storm, riots, power shortages or power failure, war, terrorist acts, sabotage, or inability to obtain sufficient labour, raw materials, fuel or utilities; or
   4. in order to perform support or maintenance of the Customer Portal or any infrastructure, systems or software used by us in connection with providing the Customer Portal.
4. You may terminate the End User Licence Agreement at any time by emailing us at support@zelora.com.auand we will off board you and remove your Account.
5. You are required to let us know if you move home. If you move home, email us at support@zelora.com.au and we will update your Account accordingly. Once this has occurred, you will be required to delete the Customer Portal from your device or update your Account with your updated details.
6. Termination pursuant to this clause 11 will not affect any rights or remedies which either of us may have otherwise under these End User Licence Agreement or at law.
7. Nothing in this clause limits any right we may have to modify the Customer Portal, including by removing any features, or to modify or cease offering the Customer Portal or any part of the Customer Portal.

10. Privacy

1. Any personal information you supply to us (and which we collect from you or other sources) will be used by us in accordance with our Privacy Policy.
2. By using the Customer Portal, you consent to us collecting, using, storing and potentially disclosing technical information about your usage of the app and device to improve our products and to provide any services to you in accordance with our Privacy Policy.

1. Each of the conditions of the End User Licence Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
2. If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. Any waiver would need to be given by us in writing.
3. We may transfer our rights and obligations under the End User Licence Agreement to another organisation, but this will not reduce your rights or those obligations. You may not transfer your rights or obligations to another person.
4. The End User Licence Agreement are governed by the laws of State or Territory in which your Premises is located. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in that State or Territory and courts of appeal from them in respect of any proceedings arising out of or in connection with the End User Licence Agreement.

The following definitions apply in the End User Licence Agreement:

Account means data about you and associated metadata.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation.

Consumer Guarantee means a right or guarantee you may have under the Australian Consumer Law or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded.

Customer Portal means the Zelora Home Energy Management website

Device means an electronic device owned or controlled by you, such as a mobile phone or tablet, compatible with the Customer Portal.

Intellihub, Zelora, we or us means Intellihub Australia Pty Ltd (ABN 97 626 079 614) (in its capacity trading as Zelora). Zelora is a brand of Intellihub Australia Pty Ltd (ABN 97 626 079 614) licensed from Bunnings Group Limited (ABN 26 008 672 179). 

iOS App Store means the App Store operated by Apple in respect of its devices running the iOS operating system.

Evergen means Pacific 2022 Bidco C Pty Limited Trading as Evergen (ABN 75 662 385 346).

Software means the smart energy management software which is connected to your solar system and battery storage supplied by Evergen or our authorised resellers.

Premises means the premises where your solar system and battery storage is installed.

Privacy Policy means the policy required under Australian Privacy Principle 1.3 and currently located on our website here https://zelora.com.au/privacy-policy 

Service means the optimisation and monitoring services related to your solar system and battery storage supplied by Evergen or our authorised resellers, pursuant to a separate agreement between the parties.

you and your means a user that logs into the Client Portal Interpretation

1. In the End User Licence Agreement, unless a contrary intention is expressed:
   1. headings and italicised, highlighted or bold type do not affect the interpretation of the End User Licence Agreement;
   2. the singular includes the plural and the plural includes the singular;
   3. other parts of speech and grammatical forms of a word or phrase defined in the End User Licence Agreement have a corresponding meaning;
   4. a reference to a ‘person’ includes any individual, firm, company, partnership, joint venture, an unincorporated body or association, trust, corporation or other body corporate and any government agency (whether or not having a separate legal personality);
   5. a reference to anything (including any right) includes a part of that thing;
   6. a reference to a document (including the End User Licence Agreement) includes all amendments or supplements to, or replacements or novations of, that document;
   7. a reference to a party to any document includes that party’s successors and permitted assigns;
   8. a provision of the End User Licence Agreement will not be construed adversely to a party solely on the ground that the party (or that party’s representative) was responsible for the preparation of the End User Licence Agreement or the preparation or proposal of that provision;
   9. the words ‘include’, ‘including’, ‘for example’, ‘such as’ or any form of those words or similar expressions in the End User Licence Agreement do not limit what else is included and must be construed as if they are followed by the words ‘without limitation’, unless there is express wording to the contrary.