Terms of Use

Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you and Clear Burst ("Company", "we", "us", or "our"), concerning your access to and use of the clear-burst.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto.

By accessing the website, you agree that you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these terms, you are expressly prohibited from using the site and must discontinue use immediately.

Intellectual Property Rights

Unless otherwise indicated, the website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the website (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us.

The Content and Marks are provided on the website "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

User Representations

By using the website, you represent and warrant that:

• All information you submit will be true, accurate, current, and complete
• You will maintain the accuracy of such information and promptly update as necessary
• You have the legal capacity and agree to comply with these Terms of Use
• You are not a minor in the jurisdiction in which you reside
• You will not access the website through automated or non-human means
• You will not use the website for any illegal or unauthorised purpose
• Your use of the website will not violate any applicable law or regulation

Prohibited Activities

You may not access or use the website for any purpose other than that for which we make the website available. The website may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the website, you agree not to:

• Systematically retrieve data or other content from the website to create a collection, compilation, database, or directory
• Make any unauthorised use of the website, including collecting usernames and/or email addresses by electronic or other means
• Use a buying agent or purchasing agent to make purchases on the website
• Circumvent, disable, or otherwise interfere with security-related features of the website
• Engage in unauthorised framing of or linking to the website
• Trick, defraud, or mislead us and other users
• Engage in any automated use of the system
• Interfere with, disrupt, or create an undue burden on the website or the networks or services connected to it
• Attempt to impersonate another user or person
• Use any information obtained from the website to harass, abuse, or harm another person

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the website ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Website Management

We reserve the right, but not the obligation, to:

• Monitor the website for violations of these Terms of Use
• Take appropriate legal action against anyone who violates the law or these Terms of Use
• Refuse, restrict access to, limit the availability of, or disable any of your Contributions
• Remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
• Manage the website in a manner designed to protect our rights and property and to facilitate the proper functioning of the website

Service Agreements

These Terms of Use govern your use of our website only. Any services provided by Clear Burst, including but not limited to solar installations, energy audits, and consulting services, are subject to separate service agreements. Please review all applicable service agreements carefully before engaging our services.

Limitation of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the website, even if we have been advised of the possibility of such damages.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of your use of the website.

Governing Law

These Terms shall be governed by and defined following the laws of New South Wales, Australia. Clear Burst and yourself irrevocably consent that the courts of New South Wales shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

Dispute Resolution

Any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity, or termination, shall first be attempted to be resolved through good faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, it shall be referred to and finally resolved by arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration.

Modifications

We reserve the right to change, modify, or remove the contents of the website at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the website without notice at any time.

Contact Us

To resolve a complaint regarding the website or to receive further information regarding use of the website, please contact us at:

Clear Burst
142 Renewable Way
Green Valley NSW 2190
Australia

Email: [email protected]