Welcome to AirBid.com.au, a platform for providing solar quotes by bidding. These Terms and Conditions (the “Agreement”) govern your access to and use of the AirBid.com.au website and services, as well as any information, text, graphics, or other materials uploaded, downloaded or appearing on the website (collectively referred to as the “Services”). By accessing or using the Services, you agree to be bound by this Agreement. If you do not agree to these terms, you must not use the Services.
Definitions
"Airbid," "we," "us," or "our" refers to Airbid.com.au and its affiliates. "Customer" means a user of the Services who is seeking solar quotes by bidding. "Solar Retailer" means a user of the Services who is a seller of solar products and services. "Solar Installer" means a user of the Services who is a provider of solar installation services. "Project" means a solar installation project posted by a Customer or Solar Retailer on the Services. "Bid" means a proposal by a Solar Retailer or Solar Installer to perform a solar installation project. "Verified" means that Airbid has reviewed and verified the credentials of a Solar Retailer or Solar Installer. "Fees" means the fees charged by Airbid for use of the Services.
Introduction
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AirBid.com.au (“AirBid”) is an online platform that allows customers to post their solar installation projects and allows solar companies to bid on these projects. Additionally, solar retailers can post solar installation projects, and installers can bid on these projects.
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Eligibility To use the Services, you must be at least 18 years old and have the legal capacity to enter into contracts. If you are accessing the Services on behalf of a business entity, you represent and warrant that you have the authority to bind such entity to this Agreement.
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Services Provided AirBid provides the following services:
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User Conduct You agree to use the Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Services:
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In any way that violates any applicable federal, state, local, or international law or regulation;
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation;
To impersonate or attempt to impersonate AirBid, an AirBid employee, another user, or any other person or entity;
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by AirBid, may harm AirBid or users of the Services or expose them to liability
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Dispute Resolution In the event of a dispute between a customer and a solar company, AirBid will not be liable for any damages or losses incurred by either party. AirBid will not be responsible for any disputes between solar retailers and installers, and will not be liable for any damages or losses incurred by either party. NSW jurisdiction is applicable in case of any legal matter.
3.1 Posting Projects and Bidding Customers can post their solar installation projects on the AirBid platform, and solar companies can bid on these projects. The projects can be there to bid for 3 days (can be varied) after being successfully approved by the website admin. There are no fees for customers to use the service, and a small fee is charged to solar companies to bid on the project. After 3 days, the customer can compare different solar companies bidding and select a solar company for their services. AirBid verifies all solar retailers on its platform, so all solar retailers are verified by AirBid and have good credibility in the Australian solar market.
3.2 Posting Solar Installation Projects and Bidding Solar retailers can post their solar installation projects on the AirBid platform, and installers can bid on these projects. A small fee is charged to solar retailers and installers to post and bid on the project.
Account Registration
In order to use certain features of the Website, you may be required to register for an account. When you register for an account, you agree to provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to immediately notify the Company of any unauthorized use of your account or any other breach of security.
Fees and Payments
Customers can use the AirBid platform free of charge, and a small fee is charged to solar companies to bid on the project. Solar retailers and installers must pay a small fee to post and bid on projects. The fees charged may be updated at any time, and AirBid reserves the right to suspend or terminate your access to the Services if you fail to pay any fees when due
intellectual Property
All content on the Website, including text, graphics, logos, images, and software, is the property of the Company or its licensors and is protected by intellectual property laws. You may not copy, modify, distribute, display, or create derivative works of any content on the Website without the prior written consent of the Company.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify and hold harmless the Company and its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Website or your violation of this Agreement.
Disclaimer of Warranties:
AirBid provides the services on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of the website, or the information, content, materials, or products included on the website. You expressly agree that your use of the website is at your sole risk.
To the full extent permissible by applicable law, AirBid disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. AirBid does not warrant that the website, its servers, or email sent from AirBid are free of viruses or other harmful components. AirBid will not be liable for any damages of any kind arising from the use of the website, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, AirBid's liability is limited to the greatest extent permitted by law.
AirBid does not provide any warranty or guarantee as to the quality or suitability of the products or services offered by the solar retailers or installers on our platform. We do not endorse any solar retailer or installer, and we do not make any representations or warranties with respect to the quality or suitability of their products or services. You should perform your own due diligence and research before engaging any solar retailer or installer, and AirBid will not be liable for any damages arising from your use of their products or services.