Welcome to our website and any digital services linking to this policy (collectively, the "Site"). The Site is operated by SunPower Corporation and its subsidiary(ies) in Australia, SunPower Corporation Australia Pty Limited and (together "SunPower", “we” or “us”). SunPower Corporation is registered in the United States, incorporated in Delaware, with its address of 55 Rio Robles, San Jose, CA 95134, USA. SunPower Corporation Australia Pty Limited is registered in Australia (ACN 009 066 380). Its main trading address in Australia is Suite 12/214 Bay Street, Brighton, Victoria 3186.
The Site allows you to view content and participate in interactive features that we make available on the Site from time to time. This document explains the terms that apply to your use of this Site (the "Agreement").
Please note that in order to use the interactive features (if any) of the Site, and to the extent you are eligible to access the features, you may be required to first register with us through the on-line registration process on this Site.
Click below to jump to a specific section of this Agreement:
- Your use of the Site
- Rules governing all public contributions, forums and other interactive features
- Grant of license to us to use your Contributions
- Use and protection of your account number and password
- Our intellectual property rights
- Our management of the Site and user misconduct
- Term and survival
- Copyright policy
- Updates to the Site and this Agreement
- Third Party Sites
- Disputes between users
- Disputes with us: governing law and jurisdiction
- No reliance and our disclaimers
- Our liability
- Liquidated damages for spam
- You indemnify us
- Linking to our Site
- Contact us
When you use the Site, you represent and warrant that: (a) any information you submit is truthful and accurate; (b) if you have registered an account with us, you will update your contact information if it changes so that we can contact you; (c) your use of the Site and your use of services available on the Site do not breach any applicable law or regulation and are not unlawful or fraudulent; (d) if you register an account with us, you are 18 years of age or older; and (e) you will comply with our rules governing the use of the interactive features of the Site as set out in Section 2 below.
You also represent and warrant that you will comply with all applicable local laws governing your online conduct and your uploading of Contributions (as defined below) to the Site.
1. own or have sufficient rights to post or submit your Contribution on or through the Site;
2. will not post Contributions that infringe any rights of SunPower or any other person or entity, including intellectual property and other proprietary rights, confidentiality rights and contractual rights or obligations;
3. have fully complied with any third-party licenses relating to your Contributions and agree to pay all royalties, fees and other monies owed to any person or entity by reason of Contributions that you have posted or submitted on or through the Site;
4. will not post or submit Contributions that:
- are defamatory, damaging, disruptive, unlawful, inaccurate, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, or otherwise objectionable;
- incite, encourage or threaten immediate physical harm against another, including but not limited to Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual; or
- contain material that solicits or attempts to solicit personal information from anyone under 18 or exploits anyone in a sexual or violent manner;
5. will not post Contributions that contain advertisements or solicit any person to buy or sell products or services (other than our products and services);
6. will not use the Site for any unauthorised purpose, including but not limited to collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in framing of, or linking to, the Site without our express written consent;
7. will not post Contributions that constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on our or others' computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party;
8. will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site, including without limitation, hacking into the Site, or using the Site to send unsolicited or commercial emails, bulletins, comments or other communications;
9. will not impersonate any other person or entity, sell or let others use your password or registration for the Site, provide false or misleading identification or address information, or invade the privacy or breach a personal, confidentiality or proprietary right, of any person or entity; and
10. will not knowingly transmit any data, send or upload any Contribution or other material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware
We may need a license from you to use your Contributions on the Site or elsewhere. By making a Contribution to the Site, you grant us a perpetual, non-exclusive (meaning you remain free to license your Contribution to others), fully-paid up, royalty-free (meaning we are not required to pay you for our use of your Contributions), sub-licensable (meaning that we can grant others the right to use your Contributions, for example, a company hosting our Site) and worldwide (because the Internet and the Site can be accessed from anywhere in the world) license to use, modify, create derivative works of, publicly perform and display, reproduce, communicate and distribute the Contributions.
You are responsible for keeping secret and confidential any account numbers and passwords you may have when registering for an account on the Site. You are responsible for all uses of your account(s), whether or not actually or expressly authorised by you. We may restrict or limit account registration to eligible users only.
All of the content on the Site ("Materials"), the trademarks, service marks, and logos contained on the Site ("Marks"), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States, Australia and other applicable national laws and international conventions. We reserve all rights not expressly granted under this Agreement or any separate written agreement in and to the Site and the Materials and Marks. You may download or print a copy of the Materials for your own personal use but you must retain all copyright and other proprietary notices contained in and on the materials. You agree that you will not circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Site or the Materials on the Site. You further agree not to access the Site by any means other than through the interface that we provide, unless otherwise specifically authorised by us in a separate written agreement.
6.1 Our Site management
We may, but are not required to: (a) monitor or review the Site for breaches of this Agreement and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who breaches this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may breach this Agreement, the law or any of our policies or are excessive in size or burdensome; and/or (d) manage the Site in a manner designed to protect our and third parties' rights and property or to facilitate the proper functioning of the Site.
6.2 Data use and sharing
6.3 Our right to suspend or terminate access
Without limiting any other provision of this Agreement, we reserve the right to, in our sole discretion and without notice or liability deny access to and use of the Site and/or any account for the Site to any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in this Agreement, or of any applicable law or regulation. If the need arises, we may also move the Site to another domain or close the Site indefinitely.
6.4 Risk of harm
Please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Site and that you give to other Site users. You are discouraged from publicly posting the following information on the Site: your full name, telephone numbers and street addresses. Contributions and other information that others upload or post to the Site are not pre-moderated. Despite the prohibitions contained in this Agreement, such Contributions and other information may be offensive, harmful or inaccurate and may be mislabeled or deceptively labelled. You assume all risks associated with viewing such content and dealing with other users with whom you come in contact through the Site. We expect that you will use caution and common sense when using the Site.
This Agreement shall remain in full force and effect while you use the Site. If you have a Site account you may terminate your Site account at any time, for any reason, by sending us an email. Upon termination of your Site account for any reason, you will no longer be able to retrieve materials contained in or accessed via your account. Even after your use and participation of the Website or your Site account has terminated, the sections of this Agreement that are intended to survive termination will remain in effect, including sections: 1-3, 5-8 and 10-18.
If you upload material or otherwise do anything in relation to our Site that infringes our copyright or the copyright of others, we may, without prejudice to our rights set out at section 6 (Our Management of the Site and User Misconduct), terminate your account and access rights to the Site.
The Internet and technology are rapidly changing. The material and information available on the Site may become out of date at any given time and we are under no obligation to update the contents of the Site. We may modify this Agreement from time to time. We will contact registered users if we do so, which is why it is important that you notify us immediately if your email address changes. If you are a registered user, you may be asked to click to accept the new agreement the next time you log on to the Site in order to be able to use the interactive portions of the Site. We will also put any revised versions of this Agreement on the Site with a notice advising of the change. It is therefore important that you regularly check the Site for any announcements about revisions.
You are solely responsible for your conduct when accessing and using the Site. You agree that we cannot be liable for any dispute that arises between you and any other user.
Any dispute arising in relation to your access and use of the Site (including any non-contractual dispute or claim) shall be governed by the laws of Victoria, Australia (exclusive of its choice of law provisions) and you and we agree to submit to the exclusive jurisdiction of the courts in Victoria, Australia.
Contributions, information and other materials made available on our Site, whether by SunPower or other users of the Site, are not intended to amount to advice on which reliance should be placed. We therefore disclaim, to the fullest extent permitted by law, all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
All content, information or any other materials or items provided through the Site are provided "as is" and "as available" and (to the fullest extent permitted by law) without warranty or conditions of any kind. To the fullest extent permitted by law, we disclaim all express, implied, statutory and other warranties, guarantees or representations, including without limitation the warranties of merchantability, fitness for purpose and non-infringement of proprietary and intellectual property rights.
By operating the Site, we do not represent or imply that we endorse any Contributions or any other materials available on or linked to by the Site, including without limitation, content hosted on Third Party Sites, or that we believe such Contributions or any other materials are complete, accurate, useful or non-harmful. We cannot guarantee and do not promise any specific results from the use of the Site. No advice or information, whether oral or written, obtained by you from us or the Site shall create any warranty not expressly stated in this Agreement. You agree that your use of the Site and its services will be at your sole risk. To the fullest extent permitted by law, we and each of our advertisers, licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors disclaim all warranties, express or implied in connection with the Site and your use of it.
Subject to section 14 (Our Liability), we assume no liability or responsibility for any (a) errors, mistakes or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site or services, (c) any unauthorised access to or use of our secure servers and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the Site, (e) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Site by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
Some jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these jurisdictions, the above limitations or exclusions may not apply to you to the extent they are inconsistent with applicable law.
In no event shall we be liable to you or any third party for any direct, indirect, consequential, incidental, special, exemplary or punitive or any other loss or damages, including without limitation any direct or indirect loss of revenue or profit, business interruption or loss of data arising from your use of the Site and any Contributions, materials or any other content available on the Site or otherwise arising in connection with this Agreement, whether in contract, tort (including negligence) or for breach of statutory duty or in any other way.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
You acknowledge and agree that spam is harmful to a site, service or network and causes injury, including damage to reputation and goodwill, which is difficult to measure. As a pre-estimate of our anticipated loss, you agree to pay us A$100 for each unsolicited commercial email or other unsolicited commercial communication that you send from, to or through the Site.
You agree to indemnify and hold us, our subsidiaries, affiliates, related entities and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Site or any Materials in breach of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
You may link to our home page, provided you do so in a way that is fair, accurate, and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our section 2 (Rules governing all public contributions, forums and other interactive features). If you wish to make any use of content on our site other than that set out above, please contact us at the email address set out in section 19 (Contact us).
18.1 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.
18.2 Independent Contractors. Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
18.3 Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
18.4 Non-Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
18.5 Severability. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
18.6 Assignment. You may not assign your rights under this Agreement to any third party; we may assign our rights under this Agreement without condition.
To contact us, please send us an email. This Agreement was last updated on August 20th, 2019.