Terms and conditions: Solar for Apartments Program
1. How to use these Terms and Conditions
These are the terms and conditions of the Solar for Apartments Program (the Program). This document also includes an overview of the Program including eligibility criteria, Eligible Product/s on offer and how to apply.
As part of the Program, owners corporations within the ACT will be able to apply for Funds (a grant and a loan amount) to support an eligible shared rooftop solar installation. Participation in the Program is subject to Eligible Participant’s continued compliance to the Terms and Conditions of the Program (this document). The Eligible Participant acknowledges that if the cost of completing a Qualifying Installation is greater than the Funds allocated by the Program, the Eligible Participant will supply additional funds to support the full cost of the installation.
1.1 Purpose
These Terms and Conditions apply to each Eligible Participant of the Program and are in addition to any other terms and conditions that the Loan Provider may provide the Eligible Participant.
By submitting an Application and participating in the Program, the Eligible Participant shall declare and warrant to the ACT Government that you, the Eligible Participant of the Program, have read, understood and fully accept these Terms and Conditions and agree to be bound by them.
1.2 Modifications
The ACT Government reserves the right to amend, supplement or replace these Terms and Conditions at any time in its absolute discretion. It will publish the current version of the Terms and Conditions on the Website.
It is the responsibility of the Eligible Participant to ensure that they are acting in accordance with the current version of the Terms and Conditions for the Program.
The Eligible Participant is deemed to have accepted and agreed to the Terms and Conditions of the Program from the time the ACT Government has published them on the website.
1.3 Contact Us
Climate Change, Energy and Water Programs
Phone: 13 22 81
Email: sustainablebusiness@act.gov.au
1.4 Definitions
The following definitions apply to these terms and conditions.
Accredited Vendor – refers to any vendor who has been accredited by the Loans Provider to participate in the Program and is responsible for the supply and/or install of eligible Equipment. A list of Accredited Vendors can be found at the Brighte Marketplace.
ACT Government – refers to the Australian Capital Territory, the body politic established by section 7 of the Australian Capital Territory (Self-Government) Act 1988 (Cth), as represented by the Chief Minister, Treasury and Economic Development Directorate.
Application – refers to an application for funding as part of the Program submitted by an Eligible Participant.
Eligible Product/s – refers to system component/s that support the proposed shared rooftop solar installation which meet the requirements set out by the ACT Government (and varied by the ACT Government in its absolute discretion from time to time).
Eligible Participant – refers to an Owners Corporation that is managing an Eligible Premise that satisfies the eligibility criteria for the Program as outlined by these Terms and Conditions and as published on the Website (and varied by the ACT Government in its absolute discretion from time to time).
Eligible Premise – refers to a property that satisfies the eligibility criteria for the Program as outlined by these Terms and Conditions and as published on the website (and varied by the ACT Government in its absolute discretion from time to time). A Qualifying Installation is capable of being delivered at this premise.
Eligible System – refers to a system that supports the proposed shared rooftop solar installation which meet the requirements set out by the ACT Government (and varied by the ACT Government in its absolute discretion from time to time).
Funds – refers to the total funds allocated for a Qualifying Installation made up of 50% Grant Funds and 50% Loan Funds.
Grant Funds – refers to the agreed monetary amount the Program provided to the Eligible Participant as a grant and is subject to the Terms and Conditions of the Program.
Installed Products – refers to eligible Products that the Eligible Participant has purchased and installed using Program Funds.
Loan – refers to a consumer credit arrangement between the Eligible Participant and the Loans Provider for the supply and/or installation of Eligible Product/s under the Program.
Loan Agreement – refers to the agreement between the Eligible Participant and the Loans Provider in respect of a Loan.
Loan Funds – refers to the agreed monetary amount of the Loan disbursed by the Loans Provider to the Accredited Vendor on the Eligible Participant’s behalf, and which is subject to the Loan Agreement.
Loan Provider – means any Participant third party entity engaged by the ACT Government to provide the Loans, currently being Brighte Capital Pty Limited.
Owners Corporation – means an owners corporation established under section 8 of the Unit Titles (Management) Act 2011 (ACT).
Program – refers to the Solar for Apartments Program.
Program Matters – means these Terms and Conditions, the terms and conditions applying to Accredited Vendors (including those imposed by the ACT Government and Loans Provider), all eligibility criteria and assessment processes, quotations for all aspects of Qualifying Installations, and all other aspects of the delivery and operation of the Program (including communications, and the application, assessment and administration of Loans).
Qualifying Installation – means the compliant installation of an Eligible System with Eligible Product/s by an Accredited Vendor. The installation must have taken place at an Eligible Premise and meet all other Terms and Conditions applicable.
Resident/s - refers to current occupier of the unit/s of an Eligible Premise. This may be the owner of an owner-occupied unit or the tenant of a tenanted unit.
Terms and Conditions – means these terms and conditions, as varied by the ACT Government in its absolute discretion from time to time and published on the website.
Website – refers to Climate Choices website
2. About the Solar for Apartments Program
The Solar for Apartments program (the Program) is supported in the form of grants, as part of the Solar Banks initiative of the Australian Government and concessional loans, as part of the ACT Government’s Sustainable Household Scheme (SHS).
The $3.6 million co-contribution initiative can support solar installations in apartment complexes with 50% of the cost being supported in the form of a grant and 50% of the cost being supported as a concessional loan capped at total of $100,000.
2.1 Objective
The objective of the Program is to encourage the uptake of rooftop solar installations in apartment complexes. These shared solar installations are expected to be sustainable solutions at the local and community level that will:
- help Residents of apartment complexes enjoy reduced energy costs;
- help apartment complexes transition off gas;
- support development of the renewable energy and sustainable services industry in the ACT.
The outcomes to be achieved by the delivery of the Program strategically support the ACT Government to meet its net zero emissions target by 2045 and reduce emissions from gas under the Climate Change Strategy 2019-25.
2.2 Program delivery
2.2.1 Target audience
The target audience for the Program are Owners Corporations (Eligible Participant) within the ACT. An Eligible Participant (as per section 5.1) can access the Program to support an installation of Eligible Products at an Eligible Premise.
2.2.2 Program model
- The Program will be delivered by the ACT Government.
- The ACT Government will provide financial support capped at $100,000 (inclusive of GST) per Eligible Premise. Owners corporations may be able to access additional funding for multiple buildings, capped at $300,000 per owners corporation (maximum grant funds of up to $150,000 and loan funds of up to $150,000), subject to the Program eligibility criteria. The total financial support for an Eligible Premise will consist of 50% in the form of a grant and 50% in the form of a concessional loan.
- An Eligible Participant must meet all the requirements as per section 5 of these Terms and Conditions. Eligible Participants of the Program will be deemed to have agreed to these Terms and Conditions by applying and participating in the Program.
3. Eligible product/s
3.1 Eligible system
An Eligible System is a rooftop solar installation that will equitably share the benefits of the installation with the Residents of the Eligible Premise.
To be eligible the proposed System should only allocate a maximum of 40% of the System’s energy savings to the common areas of the Eligible Premise.
3.2 Eligible product/s
An Eligible Product/s is a product/s that supports an Eligible System. Product/s that are listed under section 3.2.1 as a part of the proposed System will be considered as an Eligible Product/s.
3.2.1 Rooftop solar photovoltaic system components
- Solar photovoltaic (PV) modules
- Inverter
- Energy management or energy monitoring system
- Balance of system components
The solar PV modules and inverters must be a part of the Clean Energy Council approved product list that is current at the time of installation.
System components not listed above but are required to equitably share the benefits of the solar installation with all Residents of an Eligible Premise may be considered eligible on a case-by-case basis.
Any additional system components and associated works that would only partially support the proposed installation will be assessed on a case-by-case basis and may only qualify for partial financial support through the Program.
4. Resources and webtools
A range of Program resources are available at the website to assist the Eligible Participant in making informed decisions regarding the Program.
The information contained in the Program resources should not be taken as financial advice and has been prepared as general information only, without consideration of an Eligible Participant’s objectives, financial circumstances or needs. Eligible Participants may wish to seek independent financial advice before committing to any installation.
Visit the website to learn more about the Program and how the team can assist Eligible Participants.
5. Eligibility
5.1 Participant eligibility
- An Owners Corporation that is managing an Eligible Premise/s (as per section 5.2).
5.2 Premise eligibility
- An Eligible Premise under the Program must be an apartment complex style dwelling that is part of a Class A unit plan. Each individual apartment complex style dwelling that is part of a Class A unit plan is identified as a distinct Premise.
- The Eligible Premise must be a completed development at the time of application. Ongoing developments or proposed developments are not eligible as part of the Program.
- The Eligible Premise must not have or have had a rooftop solar installation in place.
- The average unimproved value of a unit of the Eligible Premise must be at or below $300,000 in any year from 2022. To find the unimproved value for the Premise, the Participant may refer to unimproved values on the Access Canberra website.
- Average unimproved value of a unit at an Eligible Premise can be calculated by either the total unimproved value of the land divided by the number units at the Eligible Premise or the average of the unimproved values for each the units at the Eligible Premise.
- All Residents within the Eligible Premise must benefit from the proposed solar installation.
- The Eligible Premise must be geographically located within the ACT (including Hall, Tharwa and Oaks Estate but not Jervis Bay Territory).
- The Eligible Premise must be owned by the Eligible Participant and the Eligible Participant warrants it has full authority and approvals to install the Eligible Product/s, including strata approvals (if applicable). Where the Eligible Premise is not managed by the Eligible Participant, the Eligible Participant warrants it has the authority of the landlord, landowner or leaseholder (as the case may be) to have the works undertaken at the Eligible Premise.
5.3 Quote assessment and product eligibility
- Once a premise is deemed an Eligible Premise:
- The Eligible Participant is required to collect and submit a minimum of two quotes for the proposed installation as per section 6.2 of these Terms and Conditions.
- Applicable to Eligible Products as part of the Program:
- The total cost of the proposed product/s and associated install costs must have a payback period less than 120 months (10 years).
- The installation must be undertaken by an Accredited Vendor.
5.4 Grant and loan eligibility
- Each Eligible Participant will have access to financial support (as per section 2.2.2 paragraph 2) capped at $100,000 (inclusive of GST) for each Eligible Premise to fund a Qualifying Installation, provided there is sufficient funding, and the works are undertaken in accordance with these Terms and Conditions of the Program.
- Owners corporations may be able to access additional funding for multiple buildings, capped at $300,000 (inclusive of GST) per owners corporation (maximum grant funds of up to $150,000 and loan funds of up to $150,000), subject to the Program eligibility criteria.
- Loan Funds are subject to the Loan Provider terms and conditions, approval and Loan Contract. Once the approved Funds for the completed installation have been claimed, the Eligible Premise will not be able access anymore Funds as part of the Program.
6. Program Process
6.1 Step 1: Program registration
- Eligible Participants must complete an application and eligibility assessment through the SmartyGrants application portal and include supporting documents as required to confirm participant and premise eligibility.
- Eligible Participants must consent to the ACT Government collecting and using their personal information for the purposes of managing and improving program delivery.
- The Program will evaluate registrations and will notify Eligible Participants on the outcome of their registration.
- Eligible Participants can access additional Program documentation through the website. This includes these Terms and Conditions, Program flowchart, and factsheets.
- The Eligible Participant must complete a ‘Self-Assessment for Loan Eligibility’ before continuing with the Program.
- The Eligible Participant will be provided with a factsheet that will help complete a self-assessment for loan approval. It is expected the Eligible Participant will complete this self-assessment to understand what aspects will be reviewed by the Loan Provider and assess how they can successfully satisfy these requirements.
6.2 Step 2: Organise and compare quotes
- Once Step 1 is complete and the applicant is deemed an Eligible Participant to take part in the Program, a minimum of two independent quotes should be collected from different Accredited Vendors.
- The Eligible Participant should speak to their preferred Accredited Vendors to discuss their needs and organise a pre-inspection of the Eligible Premise (where applicable). The Accredited Vendors may visit the Eligible Premise (where applicable) to confirm it is suitable for installation of the chosen Eligible Product/s and discuss the costs and savings the Eligible Participant can expect from the installation.
- The Eligible Participant should review the quotes collected and submit them to the Program indicating the Eligible Participant’s preferred quote.
- Once submitted the Program will review the submitted quotes. At this stage the Program may request additional information regarding the submitted quotes and the proposed installation.
- The Program will share feedback and provide independent advice on the submitted quotes for the Eligible Participant to review.
- The ACT Government and the Loan Provider do not endorse any specific Accredited Vendor, or their product/s. Eligible Participants need to evaluate the product/s and options on offer and use their own judgement to choose the Accredited Vendor that is right for their needs.
6.3 Step 3: Funding request and approval
Once the Eligible Participant has selected their preferred quote they must,
- Complete a Grant Lock-In request and submit this to the Program.
- Complete a Loan application and submit to the Loan Provider.
- Receive Funding approval from the Program.
6.3.1 Grant lock-in request
- The Eligible Participant must complete and submit a Grant Lock-in request to the Program for approval. The Eligible Participant’s preferred quote must be included as part of the Grant Lock-in request.
- If the Eligible Premise is not owned by the Eligible Participant, written authorisation from the landlord, landowner or leaseholder (as the case may be) of the Eligible Premise consenting to the works being undertaken must be provided if requested.
- The Eligible Participant must provide evidence of the resolution being passed by the respective owners corporation as per part 3.2 of the Unit Titles (Management) Act 2011 (ACT). The evidence may be in the form of meeting minutes stating the resolution has been passed or in the form of a certificate issued by the executive committee as per section 3.19 of the Unit Titles (Management) Act 2011 (ACT) .
- Will take part in the ACT Government Solar for Apartments Program and agrees to the Program Terms and Conditions (this document).
- Agrees to proceed with the preferred quote subject to receiving written confirmation of Funding Approval (as per section 6.3.3).
6.3.2 Loan application
- Once the Eligible Participant has received Grant Lock-In approval from the Program administrator, the Eligible Participant should proceed with the preferred quote and submit a loan application form to the Loan Provider through the preferred vendor. The Eligible Participant must submit any supporting documentation requested by the Loan Provider for the purposes of assessing the Loan application.
6.3.3 Funding approval
- Loan Fund approval is subject to the Loan Provider’s credit criteria.
- The Eligible Participant must not commit to or sign any contract/quote or commence any works with the Accredited Vendor prior to receiving written Funding approval from the Program administrator.
- Once the Loan application has been assessed by the Loan Provider, the Eligible Participant will be notified of the outcome. If Loan Funding is approved, the Eligible Participant will receive the Loan Contract for review and execution.
- Once the Eligible Participant has received Grant Lock-in approval and Loan Funding approval they will receive written Funding approval from the ACT Government. Funds will only be committed at this stage.
6.4 Step 4: Product/s installation
- To be considered a Qualifying Installation:
- The installation must be completed by an Accredited Vendor at an Eligible Premise.
- All related works and installations must be undertaken in accordance with all legal requirements, by a licensed tradesperson where required by law, and all product/s and works must meet all applicable Australian standards and regulations.
- All completed works and installations must be successfully tested and commissioned by the Accredited Vendor prior to being handed over to the Eligible Participant. This includes but is not limited to ensuring that all related safety and legal requirements, applicable Australian standards and regulations are met.
- The installation must equitably share the benefits of the completed installation with the Residents of the eligible Premise (as per section 3.2).
- The installation must have secured a Certificate of Occupancy and Use (COU) at completion.
6.5 Step 5: Grant payment and loan disbursement
- No Funds will be paid for any upgrade works or product installations that were not approved by the Program as part of STEP 3 FUNDING REQUEST AND APPROVAL. The use of allocated Funds must comply with section 8.2 of these Terms and Conditions.
- The Eligible Participant must agree to a check of the Eligible Premise by a person authorised by the ACT Government where the works were undertaken, or product/s installed as a part of the Program.
- The Eligible Participant must agree to provide the ACT Government pre- and post-installation energy bills and proof of gas disconnection if requested. The data collected may be used to evaluate savings as a result of the Program.
- The Eligible Participant must complete STEP 5 GRANT PAYMENT AND LOAN DISBURSEMENT no later than three months from the date of completing STEP 3 FUNDING REQUEST AND APPROVAL (exceptions as per section 8.1 paragraph 1). Loan approval for Loan Funds may only be valid for 90 days. The Loan Provider may conduct a re-assessment of the Eligible Participant’s financial capacity (as communicated to the Eligible Participant).
- If STEP 5 GRANT PAYMENT AND LOAN DISBURSEMENT is not completed within three months from the date of completed STEP 3 FUNDING REQUEST AND APPROVAL, and the Eligible Participant did not apply for an extension (as per section 8.1 paragraph 1), the Eligible Participant must complete STEP 3 FUNDING REQUEST AND APPROVAL again.
6.5.1 Grant payment request and loan review
- After the Qualifying Installation is completed, the Eligible Participant must complete and submit a customer completion acknowledgement (CCA) and generate a Grant Payment Request form. A copy of the COU for the Qualifying Installation must be submitted as part of the Grant Payment Request to the Program administrator.
- Once the Eligible Participant has submitted a Grant Payment Request, the Program will review this submission.
- When CCA is submitted confirming the Accredited Vendor has completed the Qualifying Installation, the settlement documentation will be reviewed by the Loan Provider to proceed to Grant Payment and Loan Disbursement
6.5.2 Grant payment and loan release
- Once the Grant Payment Request, Loan settlement documents required (such as a tax invoice from the Accredited Vendor) have been reviewed and approved the Loan Provider will disburse Funds directly to the Accredited Vendor.
- Once the Loan Provider has disbursed Funds to the Accredited Vendor for the Qualifying Installation, the Eligible Participant must comply with the Loan Contract, including by making all Loan repayments by the due dates.
7. Financing
As with any purchase, Eligible Participants should carefully consider the potential costs and benefits of any of the product/s included in the Program before committing, including their ability to successfully make repayments and continue to comply with the Terms and Conditions.
8. Program participation
8.1 ACT Government discretion
The Eligible Participant agrees that:
- the ACT Government has absolute discretion in relation to the Program including:
- granting an extension period to an Eligible Participant to complete work and submit the related supporting documents under the Program. Extension requests must be made in writing, and approved by the Program administrator, prior to the expiration of STEP 5 GRANT PAYMENT AND LOAN DISBURSEMENT (as specified in the section 6.5).
- the implementation and operation of the Program Matters may discontinue, suspend, or modify the Program at any time,
- Funding approvals (as per section 6.3) that were approved prior to the Program changes will not be altered provided approval was granted within the previous three months from the date of discontinuation, suspension, or modification of the Program. Loan approvals may need to be re-assessed in accordance with the Loan Provider’s credit policy.
- the right to require suspension or removal of an Accredited Vendor from the Program at any time, and
- the eligibility for any Loan.
- The Eligible Participant may request but do not have the right to be considered for, or to receive, Loan Funds and Grant Funds (or quotation from an Accredited Vendor) as part of the Program. To the extent that the Eligible Participant may have any such right, that right is personal to the Eligible Participant and cannot be transferred to anyone else.
- Neither the ACT Government nor the Loan Provider is involved in the assessment of site suitability, which is done solely by an Accredited Vendor.
- Neither the ACT Government nor the Loan Provider gives any warranty as to the standard of care or process that will be undertaken by an Accredited Vendor in providing a quotation, assessing the Eligible Participant’s suitability or the suitability of the site, or installing of Eligible Product/s.
8.2 Grant and loan mechanics
- If the Eligible Participant successfully secures Grant and Loan funding approval, the Funds must only be used to pay for the purchase and installation of the Eligible System and not for any other purpose.
- The Grant Funds and Loan Funds will be paid directly to the Accredited Vendor who has completed the Qualifying Installation by the Loan Provider.
- On disbursement of Funds the Eligible Participant hereby certifies in favour of the ACT Government that, to the best of the Eligible Participant’s knowledge, the whole of the Funds were used to pay for the purchase and/or Qualifying Installation of Eligible Product/s, and the Eligible Participant authorises and directs the Accredited Vendor to provide, on the Eligible Participant’s behalf, any certification the ACT Government requires in connection with receipt or use of the Funds.
8.3 Cooperation and notification
The Eligible Participant agrees to:
- co-operate with the ACT Government and the Loan Provider in relation to the Program, by complying in a timely manner with requests to provide information or documentation and by ensuring the Eligible Participant provides correct and complete information,
- permit the ACT Government to enter the Premises to carry out any inspections of the Eligible Product/s they deem reasonably necessary in relation to the Program (provided the Eligible Participant is given reasonable prior notice),
- immediately notify the Loan Provider of any change in the Eligible Participant’s circumstances which may affect the Eligible Participant’s ability to comply with the terms of the Loan Contract, and immediately notify the Program and the Loan Provider of any change in the Eligible Participant’s circumstances which may affect the Eligible Participant’s ability to comply with these Terms and Conditions.
8.4 Incorrect information
- If the Eligible Participant provides incorrect or incomplete information in their application:
- the Eligible Participant’s Application may be rejected, or the response may be delayed,
- the ACT Government and its Loan Provider may refuse to accept an application from the Eligible Participant in future, and
- if, as a result of the incorrect or incomplete information, the Eligible Participant has been granted Funds which would not otherwise have been granted, the Eligible Participant is in breach of these Terms and Conditions. In addition to any other remedies (such as section 8.8) that may be available to the ACT Government and its Loan Provider, the Eligible Participant may be liable to immediately repay the Funds, pay interest and/or any other applicable costs relating to the Funds.
8.5 Obligations relating to installation goods
- The Eligible Participant must not operate or maintain the Qualifying Installation in any way that would void the manufacturer’s warranty.
- Without limiting the above, the Eligible Participant must not permit anyone who is not suitably qualified to undertake maintenance or conduct any other work which may adversely impact on the Qualifying Installation.
- The Eligible Participant must not remove, or permit anyone else to remove, all or any part of the Eligible Participant’s Qualifying Installation from the Eligible Premise specified in the Eligible Participant’s Grant Payment application and Loan application except:
- for the purposes of maintenance, repair or replacement
- for the physical protection of any person, property or the environment
- for the appropriate and environmentally friendly disposal of any of the Installed Products at the end of its life, after the expiry of all warranties (whether by the manufacturer or the vendor), or
- with the written consent of the ACT Government.
- The Eligible Participant agrees that Qualifying Installation may be part of trials and/or research projects sanctioned by the ACT Government on terms specified by the ACT Government. Such trials and research projects may involve, without limitation:
- remote monitoring of the ongoing operation of the Qualifying Installation, and
- the collection and use of information and data relating to the Eligible Product/s and their performance, benefits and ongoing operation in accordance with the privacy provisions in section 8.10.
8.6 Representation and warranties
The Eligible Participant must warrant to the ACT Government that:
- to the best of the Eligible Participant’s knowledge, they are an Eligible Participant and will comply with these Terms and Conditions.
- if the Eligible Participant is granted Funds, the Eligible Product/s supported by the Funds will only be used at the Qualifying Installation specified in the Application and not for re–sale or any other purpose.
- all information submitted by the Eligible Participant or on the Eligible Participant’s behalf to the ACT Government or the Loan Provider in relation to the Grant Funds, Loan Funds, Qualifying Installation, or Program is true, complete, accurate and is not false or wilfully misleading.
- to the best of the Eligible Participant’s knowledge, there is no legal, regulatory, contractual or other restriction upon the Eligible Participant performing their obligations under these Terms and Conditions.
- the Eligible Participant has the financial capacity to repay the Loan Funds to the Loan Provider
- the Eligible Participant will advise the Loan Provider as soon as possible of any changes to the Eligible Participant’s capacity to repay the Loan Funds and will work in good faith with the Loan Provider to manage any Loan Funds outstanding.
- the Eligible Participant will not at any time operate the Qualifying Installation and its Eligible Product/s or otherwise deal with it in any way that will void any manufacture warranty applying to it.
8.7 No representation of energy savings
By submitting an application and participating in the Program, the Eligible Participant agrees and acknowledges that the ACT Government has not represented that the Eligible Participant will necessarily experience any energy or financial savings as a result of taking part in the Program and whether or not the Eligible Participant makes energy or financial savings will depend on many factors. General information to help inform the Eligible Participant’s purchase decision is available on the Website.
8.8 Consequence of breach
- The Eligible Participant agrees that if these Terms and Conditions are breached, the ACT Government and the Loan Provider may (without limitation to any of its other rights) do any one or more of the following:
- reject any pending application and/or withhold payment of any Funds that have not already been paid by the Loan Provider to an Accredited Vendor on the Eligible Participant’s behalf.
- require the Eligible Participant to reimburse the ACT Government for all or any part of the Grant Funds (by payment to such account as the ACT Government directs) granted to the Eligible Participant as part of the Program which may include any interest or other costs that have been incurred by the ACT Government in relation to the Funds.
- Deem the Eligible Participant in default per the Loan Contract terms and require the Eligible Participant to repay the balance of any outstanding Loan Funds in accordance with the Loan Contract.
8.9 Audit
The Eligible Participant agrees that the rights and responsibilities of the Auditor General under the Public Finance and Audit Act 1987 (ACT) are not limited or otherwise affected by these Terms and Conditions.
The Eligible Participant must provide the Auditor–General with such assistance, including by providing information, as the Auditor–General may reasonably require in connection with his or her functions under the Public Finance and Audit Act 1987 (ACT).
8.10 Privacy and disclosure
- The personal information provided to the ACT Government enables the processing of the Eligible Participant’s application. If all or some of the personal information is not collected, the ACT Government cannot process the Eligible Participant’s application. The Directorate will not share this personal information with other government agencies or other organisations except in accordance with these Terms and Conditions, the Information Privacy Act 2014, the Freedom of Information Act 2016 or as required by another law. The Information Privacy Policy and Information Privacy Policy Annex contains information regarding what information the is collected and to whom it is disclosed. The policy also contains information about how Eligible Participants may access or seek to correct their personal information held by the ACT Government, and how Eligible Participants may complain about an alleged breach of the ACT Privacy Principles.
- The Eligible Participant may be required to consent to the Loan Provider’s privacy and credit reporting policy, separate and distinct to these terms and conditions. In particular, the Eligible Participant consents to the:
- collecting and storing Personal Information (as that term is defined in the Privacy Act 1988 (Cth)) in relation to the Eligible Participant (such as the Eligible Participant’s name and personal contact details) for the purpose of assessing the Eligible Participant’s eligibility for a Loan, audit, monitoring, evaluation and reporting. The Eligible Participant is encouraged to read and understand the privacy and credit reporting policy of the Loan Provider which is available on its website.
- disclosing of such personal information and documents to other organisations, including the ACT Government, for purposes outlined in the privacy and credit reporting policy. The Eligible Participant acknowledges that such personal information and documents will be dealt with in accordance with applicable privacy laws.
8.11 Release of liability
- The Eligible Participant releases the ACT Government, its employees, officers and agents from all liability (in contract, tort (including negligence), under statute, or otherwise arising) in relation to any action or other proceeding for damages or other relief for, or in relation to, any act or matter done or omitted to be done in connection with the Program.
- ACT Government makes no representation, warranty or guarantee, whether expressly or implied, for the information contained in these Terms and Conditions. ACT Government expressly disclaims all liability for any loss or damage incurred by any person arising from, or because of, any person’s use of or reliance on any information, statement, opinion or matter (express or implied) contained in, derived from, or omitted from these Terms and Conditions.
- Nothing in this clause limits or excludes liability that cannot, by law, be limited or excluded.
8.12 Governing law
These Terms and Conditions are governed by the laws of the Australian Capital Territory.
8.13 Program end
The Program will end when the fund allocated to the Program has been fully committed or such earlier time as the ACT Government determines in its absolute discretion.
8.14 Indemnity
The Eligible Participant indemnifies the ACT Government, its employees and agents against liability in respect of all claims, costs and expenses for all loss, damage or injury to persons or property caused directly or indirectly by the Eligible Participant in connection with the Eligible Participant’s involvement in the Program.
9. Roles and responsibilities
9.1 Participant (your) role
As an Eligible Participant in the Program your role is to:
- read and understand these Terms and Conditions;
- research and educate yourself on the product/s most suited to your needs. The Program, and resources on the website can assist with your research;
- check your eligibility in accordance with the section 5;
- select the best quote for your needs;
- Expected costs and savings: Although there may be substantial benefits associated with installations made under the Program, there are also significant costs involved. It is important you fully understand the potential costs and savings, to make an informed decision about whether this Program is right for you.
- understand your obligations under your contract with your Accredited Vendor and the Loan Provider (you may wish to seek financial advice);
- choose Accredited Vendor(s) that best meet your individual requirements and expectations;
- have read and understood the Accredited Vendor(s) terms and conditions including warranty period and product maintenance requirements;
Note: An Accredited Vendor/s should be able to assist in answering questions regarding the Eligible Product/s and offer training for its correct operation. Information on processes such as, specific maintenance requirements, related emergency processes and contact details to seek additional support if needed should also be shared with the Eligible Participant. In the event of an Eligible Product/s failure the Accredited Vendor that completed the installation should be contacted.
- have read and understood the terms and conditions and your Loan Contract with the Loan Provider;
- submit all the required documents and information for approval in accordance with the eligibility requirements noted in section 5 and application processes noted in section 6; and
- consent to the ACT Government collecting your information for ongoing updates and improvements to the delivery of the of the Program.
Acknowledgement of Country
We acknowledge the Ngunnawal people as traditional custodians of the ACT and recognise any other people or families with connection to the lands of the ACT and region. We acknowledge and respect their continuing culture and the contribution they make to the life of this city and this region.