TASMANIAN ENERGY EFFICIENCY LOAN SCHEME TERMS AND CONDITIONS
1.1 The Tasmanian Energy Efficiency Loan Scheme is a joint initiative of the Tasmanian State Government, Westpac Banking Corporation (ACN 007 457 141 Australian credit licence 233714) (Westpac Banking Corporation) and Aurora Energy Pty Ltd (ACN 082 464 622)’s (Aurora Energy) to assist with the purchase of energy efficient products (TEELS).
1.3 By using and accessing our website, you agree to be bound by these Terms and Conditions.
2.1 You are eligible to participate in TEELS if:
(a) you are a residential home owner or occupier/tenant in Tasmania (Residential Applicant) or business owner in Tasmania consuming less than 150MWh per annum (Small Business Applicant).
(b) you wish to purchase an energy efficient product for a Tasmanian premises defined at auroraenergy.com.au/TEELS and as amended from time to time (Eligible Products) from a Tasmanian retailer (which has operated in Tasmania for at least 18 months prior to 1 May 2018 and is able to accept payment by way of credit card).
(c) you correctly complete an online application form (Request Form).
(d) you provide Westpac with a quote and proof of purchase for an Eligible Product.
2.2 The minimum finance amount is $500 and the maximum finance amount is $10,000 for Residential Applicants and for Small Business Applicants (amounts are subject to change).
2.3 Each applicant is entitled to one successful application only under TEELS. One application may be for multiple Eligible Products up to the maximum finance amount of $10,000 as prescribed in clause 2.2 above. Subject to clause 2.4 below, multiple applications will not be accepted.
2.4 If you do not complete and submit your application for finance with Westpac within 90 days of your Request Form being submitted, Aurora Energy may cancel your application without further notice. If your Request Form is cancelled a new application for assessment under TEELS must be made.
2.5 TEELS will be open for applications until 30 April 2019 or such earlier date as determined by Aurora Energy (Scheme Closing Date).
3 Aurora Energy’s role in the Tasmanian Energy Efficiency Loan Scheme
3.1 You consent to Aurora Energy providing all details and information in your Request Form to Westpac (Information).
3.2 Westpac will contact you to invite you to apply for a Westpac credit card to purchase Eligible Products. Aurora Energy collects applicants’ personal information in order to conduct and administer TEELS. If the information requested is not provided, you may not participate in TEELS.
3.3 Aurora Energy does not provide any finance, loans, financial advice, credit assessment services, legal, taxation or accounting advice in connection with TEELS. Aurora Energy does not guarantee any amount owed to Westpac in connection with any finance advanced by Westpac in respect of TEELS.
3.4 Whether or not any finance is made available to you is solely the responsibility of Westpac. Westpac reserves the right to refuse to provide finance in its absolute discretion.
3.5 You will not be charged interest on the purchase of Eligible Products under $10,000 for 36 months. More details will be provided when you apply for the Westpac credit card.
3.6 Aurora Energy does not take into account your objectives, financial situation or needs in providing the Information to Westpac. Before applying for participation in TEELS, Aurora Energy recommends that you obtain independent legal, taxation, investment, financial and accounting advice as to whether TEELS is appropriate for your circumstances.
3.7 You will be subject to Westpac’s lending assessment and product terms and conditions and be liable for all repayments to Westpac in accordance with your credit contract.
3.8 Any purchases made that are not related to TEELS will incur the variable interest rates advised to you by Westpac and is subject to change from time to time.
4 Personal information
5 Exclusion of warranties and limitation of liability
5.1 To the maximum extent permissible by law and despite any other provision of these Terms and Conditions, Aurora Energy its shareholders, associated entities and any officer, employee, agent, adviser or contractor thereof (Aurora Energy Group) are not liable for:
(a) any interest, principal or fees owing by you to Westpac in connection with TEELS;
(b) loss or damages including any indirect or consequential loss, or any loss of profits or revenue in connection with TEELS; or
(c) any loss of data or information of any type, loss of software, programs or code, loss of connection or network, loss of hardware or any other loss that is analogous to the losses listed in this clause 5.1.
5.2 To the maximum extent permissible by law, we make no warranty or representation in relation to the availability or fitness of purpose of any product or service in connection with TEELS.
5.3 To the maximum extent permitted by law, all implied conditions, representations, warranties and other terms are excluded including any conditions, representations or warranties concerning fitness for purpose, merchantability, availability, errors or defects.
5.4 We do not exclude any warranties in respect of goods or services which cannot be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth). Our liability in relation to any losses that you may suffer if we breach these non-excludable warranties is limited at our option to the supply of the goods or services again, or the payment of the cost of having the goods or services supplied again.
5.5 Subject to this clause 5, our aggregate liability under these Terms and Conditions, whether arising in contract, tort (including negligence) or otherwise, for any loss or damage of any kind suffered or incurred by you, is limited to the amount of $100.
5.6 We are not liable for any loss or liability, to you to the extent your liability arose due to your breach of these Terms and Conditions or your negligence. You hereby indemnify us, our directors, officers, agents, employees and subcontractors (Indemnified) for any loss or damage the Indemnified may incur as a consequence of your breach of these Terms and Conditions or your negligence.
5.7 The provision of TEELS does not cause any member of the Aurora Energy Group to become your financial advisor, agent or fiduciary. You must make your own independent assessment of TEELS including the risks and benefits. You should obtain independent legal, taxation, investment, financial and accounting advice specific to your situation. You must base any decision to participate in TEELS solely upon such independent assessment, investigation and independent advice.
6 Intellectual Property
Any material displayed on any of our websites is owned by or licensed by Aurora Energy. Unless otherwise expressly specified in these Terms and Conditions, we do not grant any licence or right in, or assign any part of its intellectual property rights in any material incorporated into our websites to you.
7 Changes to Terms and Conditions
We may change these Terms and Conditions, including ceasing TEELS before the Scheme Closing Date, at any time without notice by publishing variations on our websites and your continued use of our websites will be deemed acceptance of these Terms and Conditions as amended.
The law applicable to the these Terms and Conditions is the law of Tasmania, Australia, and the parties submit to the exclusive jurisdiction of the courts of Tasmania in relation to any matters arising under these Terms and Conditions, or in relation to our websites.
If any part of these Terms and Conditions are for any reason declared invalid or unenforceable, the validity of the remaining portion is not affected and the remaining portion is to remain in full effect as if these Terms and Conditions had been signed with the invalid portion removed.
Westpac means Westpac Banking Corporation and its Related Bodies Corporate.
Related Body Corporate has the meaning given to that term in the Corporations Act 2001 (Cth).