Background
The State of Victoria through the Department of Energy, Environment and Climate Action (Solar Victoria) administers the discretionary financial benefit and loan ‘Solar Homes’ program for the purpose of supporting the uptake and accessibility of solar energy products including solar panels, solar hot water systems and solar battery systems in residential properties (Solar Homes Program).
The Solar for Apartments Program (Program) forms part of the Solar Homes Program.
The Program will provide funding to eligible Applicants to install an Eligible System at an Eligible Property. The Program is funded through an agreed contribution from the Victorian Government and the Commonwealth Government and aims to assist apartment residents to drive down their energy bills through shared solar incentives.
Overview of your acknowledgements and agreement
Without limiting these Terms and Conditions:
- you agree that you have the authority to submit an application on behalf of your owners corporation and to accept these Terms and Conditions;
- Solar Victoria may provide a Solar for Apartments Rebate if it is satisfied that you meet and comply with the relevant Eligibility Criteria and you have fulfilled all other Solar Victoria conditions, including those set out in these Terms and Conditions;
- you may only use the Solar for Apartments Rebate to assist you with the Supply and Installation Cost of the Eligible System set out on your Authorised Solar Retailer quote to be installed at your Eligible Property;
- you agree that you satisfy the relevant Eligibility Criteria and all information you have disclosed to support your application for a Solar for Apartments Rebate is true, complete, accurate and not misleading;
- you acknowledge and consent to Solar Victoria collecting de-identified information regarding the past and future electricity generation and use at the Eligible Property;
- you consent to completing surveys and to receiving information and materials from Solar Victoria regarding solar PV and energy related initiatives;
- you acknowledge and consent to Solar Victoria contacting you regarding the processing of your application;
- Solar Victoria may reject or cancel your application for a Solar for Apartments Rebate, or if Solar Victoria has already paid the Solar for Apartments Rebate, seek reimbursement of that Rebate, under certain circumstances provided in these Terms and Conditions; and
- by making an application for a Solar for Apartments Rebate, you accept, and agree to be bound by, these Terms and Conditions.
1. Definitions
In these Terms and Conditions:
ABN means the Australian Business Number unique to an Australian Business registered on the Australian Business Register.
Applicant or you means the owners corporation which applies for a Rebate.
Application means a completed Application Form and all supporting information and materials submitted to Solar Victoria by the Applicant as part of the application process as described in the Eligibility Criteria.
Application Form means the application form for the Program in the form required by Solar Victoria.
Application Process means the process for requesting and assessing applications as described in the Eligibility Criteria, and includes shortlisting Applicants for conditional approval and selecting successful Applicants to be eligible to apply for final approval.
Authorised Solar Retailer means a solar retailer that is listed as an authorised solar retailer on Solar Victoria’s website (solar.vic.gov.au/find-authorised-retailer), as varied from time to time by Solar Victoria.
Closing Date means the closing date set out in the Eligibility Criteria.
Confidential Information of Solar Victoria means all information (regardless of its form) disclosed or otherwise made available by Solar Victoria to the Applicant or of which the Applicant otherwise becomes aware in connection with these Terms and Conditions and the Program which is about Solar Victoria or its operations, dealings, organisation, personnel, business, strategies, ideas, designs, intellectual property rights, trade secrets or know how or is otherwise designated by Solar Victoria as confidential, but does not include information which:
- is in or which subsequently enters the public domain other than as a result of a breach of these Terms and Conditions;
- the Applicant can demonstrate was independently developed by the Contractor or in its possession before the date of these Terms and Conditions; or
- is lawfully obtained by the Applicant from another person entitled to disclose such information.
Business Day means a day that is not a Saturday, Sunday or public holiday in Melbourne.
Certificate of Electrical Safety means a Certificate of Electrical Safety issued under the Electricity Safety Act 1998 (Vic) and Electricity Safety (General) Regulations 2019 (Vic) for the supply and installation of an Eligible System.
Consequential Loss means economic loss, loss of contract, loss of profit or revenue, loss of opportunity, loss of production, production stoppage, loss of data or other loss, harm, damage, cost or expense (including legal fees) in the nature of special, indirect or consequential loss or damage.
Costs includes costs, charges, expenses and fees, including fees, costs, charges and expenses for legal and other advisers (on a full indemnity basis).
DNSP Pre-Connection Approval means pre-approval from the relevant local distribution network service provider (DNSP) for the connection of the Solar Battery System to the electricity distribution network.
Eligible Property means an eligible property as specified in the Eligibility Criteria.
Eligibility Criteria means the relevant criteria to be eligible for a Rebate, including these terms and conditions, as published by Solar Victoria at solar.vic.gov.au/apartments (and as varied by Solar Victoria in its absolute discretion from time to time).
Eligible System means an eligible solar PV system as specified in the Eligibility Criteria.
Event of Default means any event or circumstance specified in clause 8.1 of these Terms and Conditions.
Government Authority means any governmental, semi-governmental, administrative, fiscal, judicial or quasi-judicial body, government or department, commission, body, instrumentality, minister, tribunal or court, agency or other authority (whether of the State of Victoria, another Australian State or territory or the Commonwealth of Australia).
Privacy Laws means the laws, principles and codes relating to the collection, use, disclosure, storage or granting of access to personal information (as defined in the Privacy and Data Protection Act 2014 (Vic)) and includes the Privacy Act 1988 (Cth), the SPAM Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth) and includes any applicable codes of practice made under those Acts.
Rebate means the Rebate Amount allocated by Solar Victoria to the Applicant and paid by Solar Victoria to the Authorised Solar Retailer on the Applicant’s behalf under the Program.
Inverter Power Sharing Device (IPSD) means a device used to share the Solar System supply from an inverter or multiple inverters to provide supplementary supplies to several Occupied Lots.
Interface Protection means a combination of protection relay functions that opens the disconnection device associated with the IPSD and prevents its closure.
Law means:
- acts, ordinances, regulations, by-laws, orders, awards and proclamations in force in the State of Victoria;
- binding requirements, orders, and/or directives and mandatory approvals (including conditions) of a Government Authority which have the force of law,
whether now or at any time in the future in effect.
Loss means any loss, damage, Cost, expense, claim, charge, liability, suit, action, penalty, compensation, fine or outgoing suffered, paid or incurred whether direct or indirect or consequential, present or future, fixed or unascertained, actual or contingent and whether arising under an indemnity, in contract (including any breach of these Terms and Conditions), in equity (including breach of an equitable duty, breach of confidentiality or breach of fiduciary duty), under statute (including breach of statutory duty to the maximum extent possible), in tort (including for negligence or negligent misrepresentation) or otherwise (including in restitution), and includes Consequential Loss.
Maximum Rebate Amount means the maximum rebate amount published and varied from time to time by Solar Victoria at solar.vic.gov.au/apartments.
Notice to Market means a notice published by Solar Victoria from time to time at solar.vic.gov.au/notice-to-market.
OC means an owners corporation as defined under the OC Act.
OC Act means the Owners Corporations Act 2006 (Vic).
Occupiable Lot means an occupiable lot as defined under the OC Act.
Program means the Solar for Apartments Program.
Rebate Amount means 100% of the Supply and Installation Cost of the Eligible System up to the Maximum Rebate Amount.
Solar Homes Program has the meaning given in the Background to these Terms and Conditions.
Solar System means a solar photovoltaic system and any associated equipment included in the Solar Victoria product list, as varied from time to time by Solar Victoria, and published by Solar Victoria at solar.vic.gov.au/apartments.
Solar Sharing Technology means hardware or software or a combination of both, that shares the electricity generated by the Solar System, including an Inverter Power Sharing Device (IPSD).
Solar Victoria means the portfolio entity within Victorian Government Department of Energy, Environment and Climate Action and its successor Government departments, and all references to the Department or Solar Victoria will be read and construed as references to the Crown in Right of the State of Victoria.
STC Assignment Form means the small-scale technology certificate assignment form.
Supply and Installation Cost means the cost of supply and/or installation of an Eligible System at the Eligible Property for the Applicant less any discounts.
Tax Invoice has the meaning given to that term in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Taxes means any taxes, rates, levy, impost, duties or other charges assessed or payable to any Government Authority and includes any additional taxes, interests, penalties, charges, fees or other amounts imposed in relation to a failure to file a return or to pay the tax.
Terms and Conditions means these Solar for Apartments Program terms and conditions.
2. Applicant acknowledgements and agreement
The Applicant acknowledges and agrees that:
2.1. it is only eligible to participate in the Program if it complies with the Eligibility Criteria at all times.
2.2. the Applicant must:
a. ensure the costs and benefits of the Eligible System are passed on equitably to participating Occupiable Lots consistent with obligations under the OC Act;
b. ensure the electricity supply from the Eligible System to common areas will not exceed the equal proportion available to each participating Occupiable Lot;
c. ensure the OC has acted in accordance with the OC Act and all other applicable Laws with respect to the installation of the Eligible System;
d. ensure the solar PV system will be installed on parts of the Eligible Property roof that are the OC’s common property;
e. ensure the OC owns and maintains the Eligible System for the life of the system and that it is appropriately insured;
f. ensure the installation of the Eligible System has been authorised by the OC by way of a maintenance plan or a special resolution in the form that assures Solar Victoria that the installation has been authorised by the OC and meets the relevant Eligibility Criteria;
g. participate in data and knowledge sharing such as case studies, ongoing sharing of solar data and annual cost savings where relevant (in particular when Solar Sharing Technology is used) with the Victorian Government;
h. ensure Solar Victoria branding is not used without prior consent/agreement;
i. ensure that all property related authorisations and landowner consents necessary for the Applicant to install the Eligible System and to comply with its obligations under these Terms and Conditions are obtained and maintained;
j. assume all financial responsibility and meet all costs and general operating expenses in connection with the installation or operation of the Eligible system and acknowledges that it participates in the Program at its own risk, including the risk that the installation costs for the Eligible System are higher than expected; and
k. assume all costs incurred by the Applicant in the preparation and lodgement of its Application and any future process related to the Program.
2.3. Solar Victoria has absolute discretion to determine any matters in relation to the Program from time to time including:
a. the implementation and operation of the Program; and
b. the Eligibility Criteria;
2.4. without limiting clause 2.3, Solar Victoria may at any time and in its absolute discretion terminate the Application Process, alter the Application Process (including amending the key dates), alter the Eligibility Criteria, or alter the scope of the Program. Solar Victoria will endeavour to notify Applicants of material changes to the Application Process or scope of the Program, or the termination of the Application Process, but is under no obligation to do so.
2.5. the Applicant is solely responsible for selecting an Authorised Solar Retailer and for satisfying itself that the Eligible Property is suitable for installation of the relevant Eligible System, and neither Solar Victoria nor its contractors warrant as to the standard of care or process that will be undertaken by the Authorised Solar Retailer;
2.6. neither Solar Victoria nor the Victorian Government are responsible for the supply, or installation or performance of the Eligible System, which must be supplied and installed by an Authorised Solar Retailer. Subject to the balance of this clause, Solar Victoria and the Victorian Government will have no liability to the Applicant for any Loss that arises directly or indirectly in connection with the Program or the supply, installation or performance of the Eligible System;
2.7. the Applicant forever releases and discharges each of Solar Victoria and the Victorian Government and agrees to hold each of them harmless from any and all past, present and future claims of any Loss that arises directly or indirectly in connection with the Program or the installation or operation of the Eligible System;
2.8. Solar Victoria has the right to contact other State, Territory and Commonwealth government agencies, and third-party clean energy industry participants and peak-bodies, to verify information provided by the Applicant in connection with their application for a Rebate;
2.9. any information provided by the Applicant in connection with a Rebate will be retained by Solar Victoria for auditing and program reporting purposes for a sufficient period (or as required by law) to satisfy Solar Victoria’s reporting and record-keeping requirements; and
2.10. Solar Victoria may contact the Applicant for information in relation to an Authorised Solar Retailer and the Eligible System, and participation in surveys for the purpose of auditing and program reporting purposes.
3. Purpose
3.1. The Applicant may only use the Rebate to assist with the cost of installing the Eligible System approved by Solar Victoria at the Applicant’s Eligible Property.
4. Conditions to receiving the Solar for Apartments Rebate
4.1. Conditions
Solar Victoria may provide the Rebate if Solar Victoria is satisfied that:
a. (receipt of documents and information) it has received the following items in form and substance satisfactory to Solar Victoria:
i. (information from the Applicant) a completed Application Form, including all documents supporting the Applicant’s eligibility for the Program as required in the Eligibility Criteria.
ii. (information from the Authorised Solar Retailer) all relevant documents relating to the supply and installation of an Eligible System at the Eligible Property from the Authorised Solar Retailer, including:
- a Tax Invoice
- a Certificate of Electrical Safety for the supply and installation of a Solar System for each participating lot;
- a DNSP Pre-Connection Approval (if applicable); and
- STC Assignment Form for each participating building/lot (whichever is relevant).
iii. (other information) all other information and documents requested by Solar Victoria from time to time in connection with the Rebate; and
b. (representations and warranties) the representations and warranties in clause 6 of these Terms and Conditions are correct and not misleading;
c. (no Event of Default) no Event of Default has occurred, is subsisting or may occur; and
d. (Eligibility Criteria) the Applicant meets the relevant Eligibility Criteria.
4.2. Expiry of Rebate
The Applicant’s eligibility for a Rebate will expire if:
a. the Applicant has not accepted the Authorised Solar Retailer’s quote by returning to Solar Victoria a signed OC Approval Form within 70 days of the Authorised Solar Retailer lodging a quote to Solar Victoria.
b. the conditions set out in clause 4.1 of these Terms and Conditions are not satisfied to Solar Victoria’s satisfaction within 120 days from the date on which Solar Victoria determines that the Applicant has satisfied the Eligibility Criteria.
Solar Victoria may at its discretion extend the Rebate expiry period or refuse a Rebate.
5. Provision of Rebate
Following Solar Victoria's determination that the conditions in clause 4 of these Terms and Conditions have been satisfied and subject to the finalisation of all other necessary matters by Solar Victoria, Solar Victoria will pay on the Applicant's behalf the Rebate directly to the Authorised Solar Retailer who completed the supply and installation of the Eligible System at the Eligible Property.
6. Representations and warranties
6.1. Representations and warranties
The Applicant represents and warrants to Solar Victoria that:
a. (capacity) they have full legal capacity and power to act on behalf of the Owners Corporation in accepting and performing its obligations under these Terms and Conditions;
b. (Application) all information disclosed to Solar Victoria to support their application for a Rebate is true, complete, accurate and not misleading;
c. (Eligibility Criteria) they satisfy the Eligibility Criteria;
d. (Solar for Apartments Program) they have not applied or are not seeking to apply for a Rebate in a manner that is inconsistent with the Eligibility Criteria;
e. (disposal) the installed Eligible System will be used at the Eligible Property and will not be re-sold or re-located for reasons other than those set out in clause 1.1.i of these Terms and Conditions;
f. (Eligible System) the Eligible System installed at the Eligible Property was not installed prior to the Applicant’s application for a Rebate, unless otherwise permitted and determined by Solar Victoria in accordance with the criteria and conditions published by Solar Victoria at solar.vic.gov.au (and as varied by Solar Victoria in its absolute discretion from time to time);
g. (solvent) they are not insolvent within the meaning of the Corporations Act 2001 (Cth), is not trading while insolvent, is not at risk of insolvency, is not at risk of any other steps being taken in respect of the Applicant relating to insolvency (such as any actions by creditors or in respect of any security interests) or otherwise and there is no unfulfilled or unsatisfied judgment or court order outstanding against it;
h. (non-compliance) to the best of their knowledge, there are no legal, regulatory, contractual or other restrictions that would prevent the Applicant complying with these Terms and Conditions;
i. (information) they have fully disclosed (in writing) to Solar Victoria all information material to Solar Victoria’s assessment of the nature and amount of risk undertaken by Solar Victoria in entering into and performing the obligations under these Terms and Conditions and such information is accurate and not misleading; and
j. (no Event of Default) no Event of Default has occurred, subsists or may occur.
6.2. Repetition
The Applicant repeats each representation and warranty in this clause 6 with reference to the facts and circumstances on the application date, the date on which the conditions in clause 4 of these Terms and Conditions are satisfied and (as determined by Solar Victoria) and the date the Rebate is provided.
7. Undertakings
7.1. Notices to Solar Victoria
The Applicant must notify Solar Victoria as soon as they become aware of:
a. (representation and warranty) any representation or warranty made or repeated, or taken to be made or repeated, by it or on their behalf in connection with their application for a Rebate becoming untrue, incorrect or misleading when made or taken to be made; and
b. (Event of Default) an Event of Default occurring, and (if applicable) the steps taken or proposed to be taken to remedy it to Solar Victoria’s satisfaction.
7.2. General undertakings
The Applicant must (unless Solar Victoria otherwise consents in writing, including on a conditional basis):
a. (access) on reasonable notice, provide Solar Victoria or its contractors with access to the Eligible Property during business hours to carry out inspections or audits of the Eligible System;
b. (access) without prior notice, provide WorkSafe Victoria and Energy Safe Victoria with access to the Eligible Property during business hours to carry out inspections or audits of the Eligible System;
c. (information) provide any information in relation to the Eligible Property, the Authorised Solar Retailer and the Eligible System that Solar Victoria may request from time to time;
d. (tenants) if Occupiable Lots at the Eligible Property are tenanted, procure that the relevant information in clause 7.2.c and 12 of these Terms and Conditions are provided in writing by the tenant to Solar Victoria, if required;
e. (obligations) comply with their obligations under these Terms and Conditions and not enter into any arrangement which could prevent them from complying with their obligations under these Terms and Conditions;
f. (no Event of Default) ensure that an Event of Default does not occur;
g. (operation) not operate or maintain the installed Eligible System in any way which would render the manufacturer’s warranty void;
h. (maintenance) not permit a person other than a person qualified to maintain an Eligible System to undertake maintenance or any other work on the installed Eligible System;
i. (disposal) not remove or dispose of the Eligible System from the Eligible Property unless:
- for the purposes of maintenance or repair in accordance with the relevant manufacturer’s Criteria;
- for the purposes of safety of any person, property or the environment;
- it is disposed of at a time after the expiry of all warranties provided in respect of that Eligible System; or
- with the written consent of Solar Victoria; and
j. (good faith) in its conduct and dealings with (as the context requires) Solar Victoria, its contractors and any other stakeholders, act at all times fairly, honestly, cooperatively, in good faith and in accordance with all applicable Laws.
8. Events of Default
8.1. Events of Default
An Event of Default occurs, whether or not it is within the control of the Applicant, if:
a. (obligations) the Applicant fails to comply with any obligation under these Terms and Conditions and the breach is incapable of remedy or, where the breach is capable of remedy, fails to remedy that breach to Solar Victoria’s satisfaction within five Business Days of the earlier of:
i. receipt by the Applicant of a notice from Solar Victoria requesting the Applicant to do so; and
ii. the Applicant becoming aware of the failure to comply; and
b. (untrue representation) a representation, warranty or statement made or repeated (or deemed to be made or repeated) by or on behalf of the Applicant to Solar Victoria is or becomes untrue, incomplete, misleading or deceptive in any respect which Solar Victoria considers to be material.
8.2. Consequences of Event of Default
a. If an Event of Default occurs or subsists, Solar Victoria may give notice to the Applicant declaring that:
i. any pending application for a Rebate is rejected and/or pending payment (in full or in part) of the Rebate is cancelled; and
ii. the Applicant must reimburse all or any part of any Rebate to Solar Victoria; and
iii. Solar Victoria's obligations specified in the notice have been terminated with immediate effect.
b. If Solar Victoria gives a notice under clause 8.2.a of these Terms and Conditions, Solar Victoria will not be obliged to make a Rebate available to the Applicant under these Terms and Conditions or any other Solar Victoria program, as determined by Solar Victoria in its sole discretion.
9.2. Costs and expenses
9.1. Each party is responsible for its own Costs in connection with the Rebate and these Terms and Conditions.
9.2. Solar Victoria has the right to seek recovery of any Costs or Loss from the Applicant in connection with the enforcement of, or the preservation of any rights under, these Terms and Conditions.
10. Notices
10.1. Except for general communication undertaken by phone and Solar Victoria's website, legal notices under these Terms and Conditions must be in writing and sent to the address of the recipient specified below or to any other address notified to the other party in writing:
i. Applicant: The Applicant's details provided during the application process.
ii. Solar Victoria:
PO Box 104, Morwell VIC 3840
Att: Chief Executive Officer
Email: enquiries@team.solar.vic.gov.au
10.2. A notice, consent or communication by email is taken to be in writing and signed by the named sender.
10.3. The Applicant agrees to the Electronic Transactions Act 2000 (Vic) applying to communication under these Terms and Conditions. The Applicant further agrees that any notices and communications between Solar Victoria and the Applicant relating to or connected with these Terms and Conditions can be conducted using electronic communications sent to any email address specified by the Applicant and that they agree to enter into contracts with Solar Victoria and interact with Solar Victoria using electronic communication.
11. Privacy and data protection
11.1. Solar Victoria uses the Application and other reasonable means to collect information from the Applicant that Solar Victoria requires to administer the Program.
11.2. Solar Victoria may also collect information from regulators and other third parties such as the Essential Services Commission, the Australian Energy Market Operator, the Clean Energy Council, WorkSafe Victoria, Consumer Affairs Victoria, Energy Safe Victoria, Valuer-General Victoria, the Victorian Building Authority, Authorised Solar Retailers and original equipment manufacturers of solar sharing technologies.
11.3. The Applicant consents to any person (including those listed in this clause) providing information of or about the Applicant or the Application to Solar Victoria for the purpose of Solar Victoria validating representations made, or information provided, by the Applicant or for the purpose of Solar Victoria administering the Program.
11.4. The Applicant acknowledges that the personal information that Solar Victoria collects is handled in accordance with the Privacy and Data Protection Act 2014 (Vic) for the purposes of administering the Solar for Apartments Program and assessing the Applicant's eligibility to participate in that program.
11.5. Each Applicant warrants and represents to Solar Victoria that in relation to any personal information that the Applicant discloses to Solar Victoria in connection with the Application:
i. all individuals to whom the personal information relates have provided all necessary consents required under the Privacy and Data Protection Act 2014 (Vic);
ii. all individuals to whom the personal information relates have been made aware of the identity of Solar Victoria and of the other matters that the Applicant is required under the Privacy Laws to take reasonable steps to ensure that the individuals are aware of; and
iii. the disclosure of the personal information to, and its use by, Solar Victoria is authorised under the Privacy Laws.
11.6. Solar Victoria will share the information with other State, Territory and Commonwealth government agencies, Solar Victoria's delivery partners and third-party clean energy industry participants and peak-bodies.
11.7. Solar Victoria may provide Service Victoria with complete (unredacted) copies of any documents submitted by the Applicant as part of the application process.
11.8. Solar Victoria will also use the information, in a de-identified way, to evaluate the effectiveness of the Solar for Apartments Program and also for the purpose of public policy research into energy affordability and related matters.
11.9. Solar Victoria's privacy policy describes the way personal information will be handled by Solar Victoria and is available at Solar Victoria's website (solar.vic.gov.au).
Collection of electricity data
12.1. The Applicant consents to Solar Victoria (or any other Victorian Government entity which administers the Solar Homes Program) collecting information (including on an on-line basis) regarding past and future electricity use, generation and network data at the Eligible Property and the Eligible Property's National Metering Identifier (NMI), including from the Applicant's electricity retailer, the Eligible System’s original equipment manufacturer and the electricity distributor to which the Eligible Property is connected. The Applicant agrees to give any consents or provide any information required by the electricity retailer or distributor or the Australian Energy Market Operator which are required for Solar Victoria (or other relevant Victorian government entity) to receive this information, including the information required as set out in clause 12.2 of these Terms and Conditions.
12.2. Without limiting clause 12.1 of these Terms and Conditions:
a. for the 12-month period prior to the date of the Applicant's application for a Rebate; and
b. for a period of four calendar years from the Applicant’s application for a Solar Homes Rebate and/or Solar Homes Loan(or if the Applicant leaves the property prior to this, to the date the Applicant leaves the Nominated Property),
c. the Applicant must provide, or consents to Solar Victoria (or any other Victorian Government entity which administers the Program) collecting details of the Applicant's electricity consumption, generation and the rates and charges billed by the Applicant's electricity retailer which can be evidenced by:
i. electricity bills from the Applicant's electricity retailer;
ii. electricity metering data;
iii. data from solar photovoltaic and battery inverters;
iv. data from Solar Sharing Technology or the original equipment manufacturer;
v. data from solar photovoltaic and battery monitoring software,
provided the relevant documentation details the consumption, rates and charges paid by the Applicant for electricity usage at the Eligible Property for the relevant period.
12.3. The Applicant must provide on a regular basis electricity generation and consumption data from Solar Sharing Technology systems to apartment residents including the NMI for common areas.
12.4. Nothing in this clause 12 derogates from Solar Victoria’s obligations under Privacy Laws.
13. Communication about the Application Process or Application
Applicants may contact Solar Victoria with questions regarding submitting an Application, the Eligibility Criteria, these Terms and Conditions or the Application Process by emailing Solar Victoria at sfa@team.solar.vic.gov.au.
The Applicant agrees that any questions and / or the answers provided by Solar Victoria may be made publicly available by Solar Victoria as part of the Application Process. Solar Victoria is not obliged to respond to any question or request for clarification or further information.
The Applicant must not make any public statements or communications, or publish any media releases, in relation to a successful outcome of the Application Process, other than disclosures that the Applicant is required to make under the rules of any applicable stock exchange, without first providing a copy of the statement, communication or media release to Solar Victoria in accordance with clause 10 and obtaining the prior written approval of Solar Victoria (not to be unreasonably withheld).
14. Application documents
The Applicant must use the Application Form provided by Solar Victoria which must be completed with the information and details required by the Eligibility Criteria, these Terms and Conditions and the Application Form to enable an assessment by Solar Victoria.
If:
- the Application does not conform to the form required,
- the Application Form is incomplete in any way or does not comply with the Eligibility Criteria, or these Terms and Conditions, or
- the Application is not submitted in the timeframes required by Solar Victoria,
Solar Victoria may, in its absolute discretion, exclude the Application from consideration or reject the Application.
If an Applicant identifies an error in their Application (excluding clerical errors which would have no bearing on the evaluation), they must promptly notify Solar Victoria in writing.
15. Timeline and Late Applications
Applicants must comply with the key dates in the Eligibility Criteria or as notified by Solar Victoria from time to time (Timeline). To the extent that the Timeline includes steps or actions to be taken by Solar Victoria, those steps and dates are indicative only and the Applicant acknowledges that Solar Victoria is under no obligation to meet those dates.
Solar Victoria may accept or reject any Application received after the Closing Date in its absolute discretion.
16. Acceptance of Applications
The Applicant’s Application will be assessed by Solar Victoria against the Criteria stipulated in these Terms and Conditions, the Eligibility Criteria and other documents provided by Solar Victoria from time to time at solar.vic.gov.au/apartments.
Solar Victoria does not bind itself, and the Applicant agrees that Solar Victoria is not bound, to accept any Application.
Solar Victoria may accept or reject (in whole or in part) any Application in its sole discretion. Solar Victoria is not required to give reasons for the acceptance or rejection of any Application.
17. General
17.1. Severability
If any provision of these Terms and Conditions is void, voidable by a party, unenforceable, invalid or illegal and would not be so if a word or words were omitted, then that word or those words are to be severed and, if this cannot be done, the entire provision is to be severed from these Terms and Conditions without affecting the validity or enforceability of the remaining provisions of these Terms and Conditions.
17.2. Governing Law
The Eligibility Criteria and these Terms and Conditions are governed by the Laws in force in Victoria.
17.3. Inconsistency
Where there is any inconsistency or discrepancy (or similar) between these Terms and Conditions and any other documents related to the Program, the Applicant agrees that Solar Victoria may make a reasonable determination resolving that inconsistency discrepancy or similar issue.
17.4. Interpretation
No rule of construction applies to the disadvantage of the party preparing these Terms and Conditions on the basis that it prepared or put forward these Terms and Conditions.
17.5. Waiver
Solar Victoria may waive any requirements or obligation under the Eligibility Requirements and these Terms and Conditions or under the Application Process. Any such waiver must be expressed in writing and will not affect any other obligation nor is Solar Victoria required to advise other Applicants.
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