Thank you for using the BOOM! Power Platform and services.

BOOMPower Pty Ltd (ACN 616 801 024) trading as BOOM! Power makes the BOOM! Power Platform and services available to Users on the Terms set out in this document.  Additional Terms applying to our services may be provided to you or shown on the BOOM! Power Platform, such as our Fees, Privacy Policy and other policies applying to BOOM! Power services.  

You as the User may accept these Terms by using our services, logging in, submitting an application or order, opening an account or otherwise commencing to use the BOOM! Power Platform.  

BOOM! Power may update and re-issue these Terms on our website at any time.  Updated terms take effect from the time of issue unless another date is specified. This version is issued April 2023. 

If you do not accept these Terms or updated Terms, you should not use the BOOM! Power Platform.  You may cease using the platform at any time.

1. BOOM! Power Platform and Services

(a) The BOOM! Power Platform offers Users a suite of services, features, links and materials, including: 

• The ability to open an account with BOOM! Power, with associated security and account management features; 
• The ability to generate electricity usage and demand summaries, reports and materials based on the inputs that you provide; and
• The ability for Users to connect and engage with BOOM! Power and other suppliers we partner with to provide services.

(b) Certain BOOM! Power services are provided for free.  Other services attract fees as notified to Users directly or on the BOOM! Power Platform.

(c) The services and features we offer may be added to, changed or discontinued at any time by notification on the BOOM! Power Platform.  BOOM! Power does not provide an assurance that data you submit to the BOOM! Power Platform will remain available to you over time.

(d) You are solely responsible for the security of your username and password for access to the BOOM! Power Platform.

(e) The BOOM! Power Platform relies on cloud-based services, and transmission of data over the internet and public communications networks.  It is the nature of such services that data can be stolen, corrupted, lost, delayed, interfered with or misused by malicious actors, or due to human error.  In using the BOOM! Power Platform, you accept those risks and that BOOM! Power’s liability for any loss is limited as shown in these Terms.  

2.  Partner services

(a) From time to time, BOOM! Power may provide links or forms relating to services provided by associated advisory and energy firms (Partners).  If you accept an offer by a Partner to provide services, the Partner and not BOOM! Power is the provider of the services to you, and the Partner’s terms apply.

(b) Suppliers operate as independent entities and not as employee, agent, joint venturer, or subcontractor of BOOM! Power.  

(c) BOOM! Power may offer a payment method whereby a User can pay a Supplier through the BOOM! Power Platform. In that event, BOOM! Power will act as the collection agent for the Supplier, and is authorised by the Supplier to collect and manage payments on its behalf. 

3.  Fees and payment

By using BOOM! Power services, you agree to pay the applicable fees notified to you directly or on the BOOM! Power Platform, using the payment method(s) BOOM! Power makes available.

4.  Intellectual property rights

(a) You acknowledge that all rights, title and interest in the BOOM! Power Platform and any Intellectual Property Rights created, generated or arising in connection with the BOOM! Power Platform and services shall vest in BOOM! Power.

(b) BOOM! Power collects data and materials in the course of managing the BOOM! Power Platform and providing our services.  The data belongs to BOOM! Power.  We may use the data for commercial and marketing purposes, subject always to compliance with applicable law and our Privacy Policy.  For example, we may use personal information about a User’s previous purchases in the course of providing our services, but we will never disclose such information unless it is aggregated and/or anonymised. 

(c) You retain ownership over any material that you provide to BOOM! Power.  You grant a royalty free, perpetual, global licence to BOOM! Power to use, edit, adapt, modify, copy and otherwise deal with such material, as BOOM! Power deems necessary or convenient for any purposes relating to the BOOM! Power Platform or services. 

(d) Users may use the Intellectual Property Rights inherent in the BOOM! Power Platform and services solely for their own purposes, and must not on-sell, develop, reverse engineer, create a commercial product or otherwise exploit BOOM! Power intellectual property.

5.  Acceptable Use

To use the BOOM! Power Platform, each User must comply with these rules of acceptable use:

(a) You must provide complete, accurate and current information for registration and usage purposes.

(b) You must prevent any other person from using your User account.  

(c) You must maintain the security of the account and password, and share it solely with the authorized persons. User is responsible and liable for any use of the BOOM! Power Platform through User’s account, whether authorized or unauthorized. 

(d) You must not engage in activity that violates the privacy of others, or any misuse or unlawful processing of personal data. You must not violate any applicable law or regulations in connection with your use of the BOOM! Power Platform.

(e) You must not access the BOOM! Power Platform or services to build a competitive product or service, to build a product using similar ideas, features, functions or graphics, or to copy any ideas, features, functions or graphics.

(f) You must not engage in web scraping or data scraping on or related to the BOOM! Power Platform, including without limitation collection of information through any software that simulates human activity or any bot or web crawler.

(g) You must not automate access to the BOOM! Power Platform including, without limitation, through the use of APIs, bots, scrapers or other similar devices.

6. Indemnity and liability

(a) The BOOM! Power Platform and services are provided on an “as is” and “as available” basis, without any assurance that they are fault-free, continuous, reliable or fit for the purposes of the User.  

(b) To the extent permitted by applicable law, BOOM! Power excludes all liability in relation to the provision of the BOOM! Power Platform and services.  Nothing in these Terms operates to limit or exclude liability that cannot be limited or excluded by law.  Where a law permits BOOM! Power to limit its liability to resupplying services, or refunding the claimant for services, BOOM! Power hereby limits its liability accordingly.

(c) Each User indemnifies BOOM! Power and its Personnel against all losses, damages, liabilities, suits, claims and expenses (including legal costs) incurred by the indemnified parties, arising from or in connection with any breach of these Terms, unlawful or negligent act or omission by the User.

(d) Except in the case of wilful default, fraud or dishonesty, neither party will be liable to the other party under or in connection with these Terms for any consequential or indirect loss, loss of savings, loss of data, loss of profits or loss of goodwill even if foreseeable.

7. Limiting and terminating accounts

(a) The usage rights granted to you as a User are individual to you.  You must not re-sell or sub-license any part of the BOOM! Power Platform or services.

(b) BOOM! Power may at any time suspend, limit, impose conditions on or terminate your account or other access to the BOOM! Power Platform for reasons including:

• Breach or suspected breach of these Terms or a BOOM! Power policy (noting that BOOM! Power may give you an opportunity to remedy a breach that is capable of remedy);
• Cyber-security or system integrity, performance or capacity;
• Any events or circumstances indicating that you are or may be insolvent;
• Any actions that in BOOM! Power’s opinion are detrimental to the brand, image, goodwill or reputation of the BOOM! Power Platform, or other Users; and
• As a result of a dispute raised by any party, or pending the resolution of a dispute process.  

(c) Ceasing to use the BOOM! Power Platform, or termination by either party of your account or these Terms will not affect any accrued rights or remedies of either party.

(d) Any provision of these Terms that by its nature survives the termination or expiry of these Terms or is expressed to do so will continue in full force and effect.

8. General

(a) BOOM! Power may assign or transfer its rights in this Agreement to another party without requiring the consent of the User.  The User’s rights in this Agreement are personal to the User, and may not be transferred without BOOM! Power’s consent. 

(b) These Terms are governed by the laws in effect in Victoria, Australia, which shall be the jurisdiction for any litigation arising, without regard to conflict of laws principles.  The BOOM! Power Platform and your usage of it may be subject to other local, state, national, and international laws. 

(c) If any clause or part of any clause in these Terms is held by a court to be invalid or unenforceable, that part is to be regarded as having been deleted from these Terms, and these Terms otherwise remain in full force and effect.

(d) A right created by these Terms may be waived expressly in writing, but not otherwise. The failure to exercise a right or any delay in exercising a right or remedy provided by these Terms or by Law does not waive the right or remedy.  A waiver of a breach of these Terms does not waive any other breach.

9. Definitions

Intellectual Property Rights means all past, present, and future rights which may exist or be created under the laws of any jurisdiction in the world, relating to works of authorship, including copyright, moral rights, trademarks, trade secrets, patents and designs, and all applications, registrations, renewals or combinations of any of them. 

BOOM! Power Platform means any and all parts of the BOOM! Power website, mobile app, services platform, operating systems, application protocol interfaces, links and supporting software made available from time to time by BOOM! Power to Users.

Personnel means officers, employees, agents, representatives, consultants and contractors.

User means any individual or business using the BOOM! Power Platform.