Terms and Conditions of Use

1.1This website is owned, operated and maintained by INTACT BUILDING SUPPLY PTY LTD (ACN 633 827 059) of Level 1, 115 Whiteman Street Southbank VIC 3006, trading as Oz Green.

1.2These Terms and Conditions (together with documents referred to in it) apply to your use of the Oz Green website. Please read these Terms and Conditions carefully before accessing or using the information and services available through the Website. By accessing or using a Website you indicate that you have read, understood and accept these Terms and Conditions, together with our privacy policy, and that you agree to be bound by them.

1.3If you register as a provider with Oz Green displaying material on a Website, you accept you are also bound by separate Provider Terms and Conditions, in addition to these Terms and Conditions.

1.4These Terms and Conditions may be modified by Oz Green from time to time and you should review them each time you visit any one of our Websites. Any modifications are effective immediately upon posting to a Website.

1.5Your continued use of any one of our Websites and our services constitutes your agreement to these Terms and Conditions and any modifications to them. If you do not agree to these Terms and Conditions, you should refrain from using the Websites in any manner.

2.1The Websites are only intended for individuals who can form legally binding contracts. By using a Website you are representing and warranting that you are over 18 years of age and able to enter into contracts. If you use a Website on behalf of a Company, you represent and warrant that you have authority from the Company (either as a director, company secretary, or other duly authorised representative) to use that Website and to form legally binding contracts with Oz Green on the Company’s behalf. Do not use any of the Websites if you do not qualify.

2.2You must not use any Website to:

3.1Oz Green reserves the right to deny you access to, or use of, all or part of any of the Websites, without prior notice, if you engage in any conduct that Oz Green believes, in its sole discretion:

3.2You acknowledge that Oz Green has no obligation to monitor your access to or use of the Websites, but has the right to do so for the purpose of operating the Websites, or to ensure compliance with these Terms and Conditions, or to comply with any law or order of a court.

4.1Our Websites work in a number of different ways to assist you with your internet, energy and other needs. We work with an extensive range of participating internet, energy and other service providers who:

(a Participating Provider).

You acknowledge and agree that not all Participating Providers advertised or featured on the Websites may be available to provide goods or services to you and that Oz Green does not feature or work with all service providers in the market. Accordingly, the products and services compared or otherwise made available to you via your use of the Websites do not represent all the products and services available in the market at any given time, and Oz Green provides no guarantees or warranties to this effect.

4.2By providing Oz Green with your personal information you acknowledge and agree that Oz Green:

To opt out of direct marketing communications please see our privacy policy as well as section 4.4 below.

4.3If your phone number is on the Do Not Call Register, for the purposes of the Do Not Call Register Act 2006 (to the extent it applies) by submitting your telephone number to Oz Green, so that we can deal with your specific query or request, you give your consent (to the extent it is required) to be contacted by telephone on that number by either:

4.4For the purposes of the Spam Act 2003 (to the extent it applies) by submitting your email address and/or phone number to Oz Green, you give your consent to be contacted for marketing promotions, which include telephone, SMS, MMS, emails or direct mails or any other format of marketing by:

This consent is valid for the maximum time allowed by law or legal authorities like ACMA until you choose to opt out. You can opt out of these communications by contacting us as detailed in our privacy policy or at compliance@oz-green.com.au.

4.5Oz Green may arrange for you, either directly or any other third party outsourced call centre, to purchase products or services from a Participating Provider through the Websites. You may also purchase products or services directly from a Participating Provider, by signing up on-line via our Websites, via a link to a Participating Provider’s website or from some other use of one of our Websites. However, Oz Green will not enter into a contract with you for the products or services and does not sell, re-sell or licence any products or services to you. You acknowledge and agree that if you choose to purchase goods and/or services via one of our Websites, your contract for the supply of those products or services (the subject of any transaction completed as a result of using the Website) shall be solely and completely between you and the relevant Participating Provider (and not Oz Green), even if you have purchased the product or service by: (a) calling Oz Green or by Oz Green calling you; (b) calling a Participating Provider or by a Participating Provider calling you; (c) by calling EW or by EW calling you; (d) calling a third party outsourced call centre we have contracted for services or a third party outsourced call centre we have contracted calling you and not the Participating Provider; or (e) as a result of signing up online via one of our Websites or that of a Participating Provider. You acknowledge that you enter any third party sites advertised on any of our Websites, and use or rely on such third party sites, Participating Providers, products or services, at your own risk.

4.6Neither Oz Green nor its officers, directors, employees, agents or Related Bodies Corporate recommend or endorse the content or privacy practices of any third party sites which may be linked to or from the Websites, or products, services or advertising material of any third party organisations (including Participating Providers) mentioned or described on the Websites or linked to or from the Websites. Oz Green assumes no responsibility for any act or omission of any of the Participating Providers and we will not be liable for enforcing any agreement that was made between you and such Participating Provider and you will be solely responsible for any agreement made with them.

4.7Oz Green is not responsible for, nor gives any warranties, guarantees or undertakings in relation to, third party sites, products, services or advertising material mentioned or described on the Websites or linked to or from the Websites. You should carefully review the terms and conditions, privacy and other policies of all third party providers (including Participating Providers) and sites as this will govern your purchase, use or cancellation of the third party site, product or service.

5.1The information, text, SPls, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, databases and control features of the Websites (Content) is protected by copyright, trade mark and other intellectual property laws. Without limiting the foregoing, Oz Green is the owner or the licensee of all intellectual property rights in the Websites (including, without limitation, the Content).

5.2Subject to these Terms and Conditions, Oz Green grants you a non-exclusive, non-transferable licence to use the Content for the sole purpose of accessing and using the Websites.

5.3You must not modify, copy, reproduce, republish, upload, communicate or distribute in any way the Content, except in accordance with these Terms and Conditions.

5.4The Oz Green logo, name and trade mark are strictly the property of Oz Green, and may not be used as part of your business, in connection with any goods and services, or otherwise without the prior written consent of Oz Green.

6.1To the extent permitted by law, Oz Green makes no warranties in relation to the Content, completeness of search results, suitability, quality, safety or legality of any items listed on, or via, the Websites or the availability of users to complete a transaction with third parties (see Warranties below).

6.2Reviews and ratings are from our users who have elected to post these on our Websites. Any user can review and rate a product, service or provider, and as such, Oz Green gives no warranty as to the accuracy or truth of any review or rating nor the level of performance that may be expected from products, services or providers based on the user ratings or reviews.

7.1You agree to indemnify, defend, and hold harmless Oz Green, and its officers, directors, shareholders, employees, consultants, licensors, suppliers, agents and Related Bodies Corporate against any and all losses, claims, liability, damages and costs (including, but not limited to, reasonable lawyers’ fees) arising from or in connection with your use of any of the Websites or any third party products or services, your failure to comply with these Terms and Conditions, or from your violation of any applicable law.

8.1Subject only to clause 8.2 below:

8.2Other than to the extent required by law, the liability of Oz Green, its officers, directors, employees, agents and Related Bodies Corporate shall be limited, at the option of Oz Green, to:

8.3Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law.

8.4Without limitation to the foregoing, you agree that in no event shall Oz Green’s maximum aggregate liability exceed one thousand dollars (AUD$1,000.00) or the total amount of money paid by you to the relevant third party vendor as a result of your use of any of the Websites (whichever is the lower).

9.1You may not assign or sub-licence your rights or obligations under the Agreement without the prior written consent of Oz Green. The Agreement may be assigned by Oz Green without your consent.

10.1Neither party is, or has the right to act as, an agent representative or partner of the other party. These Terms and Conditions must not be construed to create an association, agency, joint venture or partnership, or employment relationship between the parties.

10.2ISP’s and EP’s may pay Oz Green a tenancy fee for appearing on the Websites or commission when you click across to the site of the ISP or EP or when you call the ISP’s call centres or EP’s call centres via a number listed on the Websites. Alternatively, some ISP’s and EP’s may pay Oz Green a commission if you successfully sign up with a mobile phone plan, broadband plan or energy plan or other contract with the ISP or EP.

11.1These Terms and Conditions are governed by and construed according to the law of the State of Victoria, Australia. By using the Websites you submit to the non-exclusive jurisdiction of the courts of that State and agree that any legal action will only be commenced in these forums.

12.1These Terms and Conditions and the documents referred to in them (including, where applicable, the Provider Terms and Conditions) constitute the entire agreement between you and Oz Green with respect to any of the Websites, and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the Websites.

13.1Oz Green shall not be liable by reason of the failure in the performance of obligations under these Terms and Conditions by reason of strikes, riots, fire, explosion, acts of God, governmental action, or any other cause which is beyond the reasonable control of Oz Green, including any form of technological or internet failure or the actions of third parties.

13.2If a clause or part of a clause is unenforceable, voidable, invalid or illegal, it must be read down so as to be enforceable, valid and legal. If this is not possible, the clause (or the offending part) is taken to be severed from the Agreement without affecting the enforceability, validity or legality of the remaining clauses.

13.3A right created by these Terms and Conditions can only be waived in writing, signed by the party entitled to that right. Delay by a party in exercising a right does not amount to a waiver, and a written waiver will not operate as a subsequent waiver of the same right or of any other right of that party.

13.4We may monitor and record calls in certain circumstances that you make to us, EW, our affiliates, contractors, agents or third parties or we make to you via our company, affiliates, agents, contractors or third party companies. For example, calls to our in-house, EW or outsourced contact centre or calls made by our in-house, EW or outsourced contact centre following an enquiry by you are monitored and recorded for training and customer service purposes and to meet our regulatory obligations.