Terms & Conditions

§1Definitions

In these Terms, unless the context otherwise requires:

§2Interpretation

In these Terms:

• the singular includes the plural and vice versa;
• a reference to a party includes that party’s executors, administrators, successors and permitted assigns;
• the word “include” and related expressions are not words of limitation;
• headings are for convenience only and do not affect interpretation;
• a reference to legislation includes any subordinate legislation and amendments;
• money amounts are in Australian currency unless stated otherwise;
• a reference to time is to Melbourne, Victoria, Australia time;
• if an obligation falls on a non-Business Day, it must be performed on the next Business Day; and
• a reference to a government agency or body includes any successor body.

§3Acceptance of Terms

3.1 You accept these Terms by registering for an account, clicking to accept or agree to these Terms where that option is provided, or by continuing to access or use the Platform after any updated Terms have been published.

3.2 If you are accepting these Terms on behalf of a company or other legal entity, you warrant that you have the authority to bind that entity, and “you” shall refer to that entity.

3.3 If you do not accept these Terms, you must immediately cease accessing or using the Platform.

3.4 Hawthorn Technologies reserves the right to review and update these Terms at any time. Updated Terms take effect from the date of publication on the Platform. Continued use after that date constitutes acceptance. We will use reasonable endeavours to notify you of material changes via the Platform or by email.

§4Nature of the Platform — Facilitation Only

4.1 The Platform provides tools to assist Users in managing energy upgrade job lifecycles, generating compliance documentation, submitting regulatory data, and facilitating communication between parties. It does not provide legal, financial, compliance, engineering or other professional advice.

4.2 Users must not rely solely on Platform outputs without applying their own professional judgement and verifying information against applicable regulatory requirements.

4.3 Hawthorn Technologies is not a party to any contract between a Retailer and a customer, Installer, Accredited Person or any other party. Any commercial arrangements between Users are solely between those parties.

4.4 Compliance requirements under the VEU scheme, Solar Homes Program, and STC/REC scheme change from time to time. Users must independently monitor and comply with current requirements. The Platform may not reflect the most recent regulatory changes at all times.

§5Registration and Accounts

5.1 To access the Service, you must register for an account and provide all required information accurately and completely. You must maintain and promptly update your account information.

5.2 You must be of legal age and capacity to enter into a binding legal contract in Australia. By registering, you represent and warrant that you are.

5.3 Each Subscriber is responsible for all acts and omissions of their Invited Users as if they were the Subscriber’s own acts and omissions.

5.4 You must keep all login credentials secure and confidential. You must immediately notify us at support@swiftrebate.com.au if you become aware of any unauthorised access to your account.

5.5 Hawthorn Technologies reserves the right to refuse registration of any account at its sole discretion.

5.6 You must give Hawthorn Technologies not less than 14 days prior written notice of any material change to your registered details, including business name, ABN, contact details, or regulatory accreditation status. You are liable for any Loss incurred by us resulting from your failure to comply with this obligation.

5.7 User roles and access levels within the Platform (including Retailer, Installer, Accredited Person, Electrician, Plumber, Delivery Contractor and related roles) are configured by the Retailer as hub account holder. The Retailer is responsible for ensuring Invited Users have appropriate access and that access is removed promptly when no longer required.

§6Regulatory Accreditation and Licence Verification

6.1 Users who hold regulatory accreditations, trade licences or other credentials relevant to the Regulatory Programs (including VEU Accredited Person status, SAA accreditation, BPC plumbing licences, ESV electrical licences, and CER Registered Person or Registered Agent status) must provide accurate details of those credentials at account registration and maintain them in a current state.

6.2 The Platform performs automated credential verification using publicly available regulatory data and, where no direct API exists, via the SwiftAgent AI verification layer. Such verification is provided as a facilitation tool only. Hawthorn Technologies does not warrant the accuracy, currency or completeness of credential data sourced from third-party databases or government portals.

6.3 Users acknowledge that automated credential checks may not reflect real-time changes to licence or accreditation status. Users are responsible for ensuring their credentials and those of their Invited Users remain valid throughout their engagement with the Platform.

6.4 Certain credential expiry events trigger automatic hard blocks within the Platform preventing job progression. The Retailer account holder may, in specific circumstances defined within the Platform, override certain hard blocks upon providing MFA authentication and recording a reason. No override is available for Delivery Contractor or Rubbish Collection Contractor vehicle registration and driver licence blocks, which are absolute. No override by any User at any level is permitted for those categories.

§7Permitted Use and User Obligations

7.1 You must use the Platform only for lawful purposes, in accordance with these Terms and all applicable laws, regulations and program rules including those of the VEU scheme, the Solar Homes Program and the STC/REC scheme.

7.2 You must not:

• use the Platform for any unlawful purpose or in breach of any applicable law or regulation;
• upload or transmit any Data that is inaccurate, false, misleading, fraudulent, or in breach of any third party’s rights;
• attempt to gain unauthorised access to any part of the Platform, its systems or networks, or to another User’s data;
• introduce any virus, Trojan horse, worm, logic bomb, malicious code, or other harmful component into the Platform;
• interfere with or disrupt the integrity or performance of the Platform or the data of any other User;
• attempt to reverse engineer, decompile, disassemble or copy any part of the Platform;
• build a product or service that competes with the Platform using features, functions, or information derived from the Platform;
• use any automated scraping, harvesting or data extraction tool on the Platform without Hawthorn Technologies’ prior written consent;
• resell, sublicense or otherwise transfer access to the Platform to any third party except as expressly permitted under these Terms; or
• use the Platform’s communication tools (SMS, email, WhatsApp) to transmit unsolicited commercial messages in breach of the Spam Act 2003 (Cth).

7.3 You are responsible for the accuracy, quality and legality of all Data you upload or submit through the Platform, including all job records, installation photographs, compliance documentation, regulatory submissions, and product or serial number data.

7.4 GPS location capture is mandatory for installer check-in events. The Platform enforces a 50-metre hard gate requiring the device to be within 50 metres of the registered job site before check-in is permitted. This requirement cannot be overridden.

§8Data and Intellectual Property

8.1   Platform Intellectual Property

All Intellectual Property Rights in the Platform, including software, algorithms, designs, documentation and Platform Content (other than User Data), are owned by Hawthorn Technologies or its licensors. These Terms do not transfer any Intellectual Property Rights to you. You are granted a non-exclusive, non-transferable, revocable licence to use the Platform during the term of your subscription solely for your internal business purposes in accordance with these Terms.

8.2   User Data

You retain all Intellectual Property Rights in the Data you upload to the Platform. By uploading Data, you grant Hawthorn Technologies a non-exclusive, worldwide, royalty-free licence to store, process, transmit and use your Data solely to the extent necessary to provide and operate the Platform and as otherwise permitted by these Terms. Hawthorn Technologies will not use your Data for any purpose not described in these Terms or in our Privacy Policy.

8.3   Data Retention and Immutability

All job records and compliance documentation stored on the Platform are subject to a mandatory 7-year immutable retention obligation. Records cannot be deleted or altered during this retention period, regardless of account termination. This obligation is imposed as a regulatory compliance requirement and cannot be modified by agreement of the parties.

8.4   Data Location

All Data processed and stored by the Platform is held exclusively within Australia. No Data will be transferred or stored outside Australian jurisdiction except where required by law or with your explicit consent.

8.5   Backup and Integrity

Hawthorn Technologies implements best-practice backup and data integrity procedures. However, we do not guarantee that there will be no Data loss. We expressly exclude liability for any Data loss, howsoever caused, to the maximum extent permitted by law. Users should maintain independent copies of all material Data.

8.6   Third-Party Application Data

Where you enable third-party integrations (including accounting software, CER APIs, Solar Victoria APIs, or other connected services), you acknowledge that data may be shared with those third parties as necessary for the integration to function. Hawthorn Technologies is not responsible for the data handling practices of third parties.

8.7   Suggestions

Any suggestion, feedback or improvement you provide regarding the Platform (“Suggestion”) becomes the sole property of Hawthorn Technologies, free from any confidentiality or other restriction. You assign to Hawthorn Technologies all rights, title and interest in any Suggestion to the extent required to give effect to this clause.

§9Fees and Payment

9.1 Access to the Platform is subject to payment of the Usage Fee and, where applicable, the Minimum Monthly Fee set out in the applicable Order Form or fee schedule.

9.2 SwiftCoins is the credit unit system used for billing within the Platform. SwiftCoin balances and their applicable exchange rates are displayed within the Platform and may be updated from time to time. Usage of Platform features may deduct SwiftCoins from your balance according to the current fee schedule.

9.3 All fees are stated exclusive of GST. GST is payable in addition at the applicable rate. Where GST is imposed on any taxable supply under these Terms, a valid Tax Invoice will be issued and you must pay the GST amount in addition to the stated fee.

9.4 Invoices are issued monthly in arrears and are payable within 14 days of the invoice date. Invoices will be sent to the billing contact nominated by the Subscriber.

9.5 If payment is not received by the due date, Hawthorn Technologies may: (a) charge interest on the overdue amount at the rate of 10% per annum from the due date until payment; (b) suspend access to the Platform; and/or (c) terminate this Agreement in accordance with clause 16.

9.6 If your usage falls below the Minimum Monthly Fee in any billing period, you will be invoiced for the Minimum Monthly Fee.

9.7 If you dispute any invoice, you must notify us in writing within 14 days of the invoice date, specifying the amounts in dispute and the reasons. Failure to dispute within this period constitutes acceptance of the invoice. Undisputed amounts remain payable by the due date.

9.8 Hawthorn Technologies may vary its fee schedule by providing not less than 30 days written notice. Continued use of the Platform after the effective date of the fee change constitutes acceptance.

§10Privacy and Personal Information

10.1 Hawthorn Technologies takes privacy seriously and handles all Personal Information in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles, and our Privacy Policy available at swiftrebate.com.au/privacy.

10.2 Our Privacy Policy forms part of these Terms. By accepting these Terms, you confirm that you have read and understood our Privacy Policy.

10.3 You must not upload Personal Information of another individual to the Platform unless you have collected that information lawfully and obtained all necessary consents for the upload and its use by the Platform. This includes customer information, installer personnel records, and accreditation holder data.

10.4 Where you upload Personal Information relating to your customers (End Consumers), Installers, Accredited Persons or other individuals, you represent and warrant that you have obtained all consents required by Privacy Laws for: (a) the collection of that information; (b) its disclosure to Hawthorn Technologies; and (c) its use for the purposes described in our Privacy Policy.

10.5 The Platform may use installer selfie photographs for manual verification of on-site presence. No biometric identifiers or facial recognition data are collected or generated from such photographs.

10.6 Communications sent through the Platform (including SMS, email and WhatsApp messages) must comply with the Spam Act 2003 (Cth). You must have valid consent from each recipient before sending any commercial electronic message. You must honour all opt-out requests promptly.

10.7 You may request access to or correction of your Personal Information by contacting us at privacy@swiftrebate.com.au. We will respond within 30 days.

§11Confidentiality

11.1 Each party must keep confidential all Confidential Information of the other party and must not disclose it to any third party without the other party’s prior written consent, except:

• to employees, contractors, professional advisers or Related Entities who have a need to know for the purposes of these Terms and who are bound by equivalent confidentiality obligations; or
• as required by law, court order or the rules of a stock exchange, provided that the disclosing party gives the other party reasonable prior notice and cooperates with any reasonable request to seek a protective order.

11.2 Each party must take all reasonable steps to protect the other’s Confidential Information from unauthorised access, use or disclosure.

11.3 On termination or request, each party must promptly return or destroy the other’s Confidential Information and certify destruction in writing.

11.4 Confidentiality obligations survive termination of these Terms.

§12Warranties and Acknowledgements

12.1 You represent and warrant that:

• you have full legal capacity and authority to enter into these Terms;
• all information you provide to Hawthorn Technologies is and will remain accurate, complete and not misleading;
• you hold all licences, accreditations, permits and registrations required by law for your activities under or facilitated by these Terms;
• your use of the Platform will comply with all applicable laws and the rules of all applicable Regulatory Programs; and
• you are acquiring access to the Platform for business purposes, and to the maximum extent permitted by law, any statutory consumer guarantees applicable only to non-business consumers do not apply to your subscription.

12.2 Hawthorn Technologies warrants that it will provide the Service with reasonable care and skill. Except as expressly stated in these Terms, and to the maximum extent permitted by law, all warranties, representations, conditions and guarantees are excluded.

12.3 The Platform is provided on an “as is” and “as available” basis. Hawthorn Technologies does not warrant that:

• the Platform will be uninterrupted, error-free, or secure at all times;
• any compliance outputs, calculations, VEEC estimates, STC calculations, or regulatory submissions generated by the Platform are accurate, complete or accepted by the relevant regulatory authority; or
• the Platform will meet your particular requirements.

12.4 Nothing in these Terms excludes any guarantee or remedy that cannot be excluded under the ACL or other applicable law.

§13Limitation of Liability

13.1 To the maximum extent permitted by law, Hawthorn Technologies’ total aggregate liability to you (however arising, including in contract, tort including negligence, under statute, or otherwise) for all claims under or in connection with these Terms is limited to the total Usage Fees paid by you in the 12-month period immediately preceding the event giving rise to the claim.

13.2 To the maximum extent permitted by law, Hawthorn Technologies is not liable to you or any other person for:

• loss of profits, revenue or anticipated savings;
• loss of data or corruption of data;
• loss of goodwill or reputation;
• business interruption losses;
• regulatory fines, penalties or sanctions imposed by any government authority; or
• any indirect, incidental, special, punitive, exemplary or consequential loss or damage of any kind,

whether or not Hawthorn Technologies had been advised of the possibility of such loss or damage.

13.3 Hawthorn Technologies is not liable for any Loss arising from:

• your failure to comply with applicable laws, regulations or Regulatory Program rules;
• inaccurate or incomplete Data provided by you or your Invited Users;
• your reliance on any Platform output without independent verification;
• any override of a compliance hard block;
• the acts or omissions of third-party service providers or integrated platforms; or
• any Force Majeure Event.

§14Indemnity

14.1 You indemnify and hold harmless Hawthorn Technologies, its directors, officers, employees, contractors, agents and successors against all Loss and Claims arising from or in connection with:

• any breach of these Terms by you or your Invited Users;
• any use of the Platform by you or your Invited Users that is unlawful, negligent, reckless or wilful;
• any inaccurate or fraudulent Data uploaded by you or your Invited Users;
• any claim by a third party (including a customer, Installer, regulatory authority, or other User) arising from your use of the Platform or the outputs it generates;
• any failure by you or your Invited Users to hold required licences, accreditations or registrations; or
• any override of a Platform compliance block.

§15Platform Availability

15.1 Hawthorn Technologies will use commercially reasonable efforts to make the Platform available 24 hours a day, 7 days a week, excluding scheduled maintenance windows.

15.2 We will endeavour to provide advance notice of scheduled maintenance via the Platform or by email where practicable.

15.3 Hawthorn Technologies is not liable for any unavailability caused by: (a) a Force Majeure Event; (b) failure of your internet connection or device; (c) your breach of these Terms; or (d) scheduled maintenance.

§16Termination

16.1 Either party may terminate this Agreement by giving not less than 30 days written notice to the other party, effective at the end of the then-current billing period.

16.2 Hawthorn Technologies may immediately suspend or terminate your access to the Platform (without notice) if:

• you breach any provision of these Terms and, where the breach is capable of remedy, fail to remedy it within 14 days of written notice requiring remedy;
• you breach any provision that is not capable of remedy;
• any invoice is unpaid and more than 30 days overdue;
• you or your business becomes insolvent, is placed into administration, receivership or liquidation, or makes any arrangement with creditors; or
• your continued access presents a material risk of harm to the Platform, other Users, regulatory compliance outcomes, or Hawthorn Technologies.

16.3 On termination:

• your access to the Platform ceases immediately;
• all accrued fees and charges become immediately payable;
• job records and compliance documentation remain subject to the 7-year mandatory retention obligation and cannot be deleted; and
• clauses 8, 11, 12, 13, 14, 16, 18 and 19 survive termination.

16.4 Termination is without prejudice to any accrued rights or obligations of either party.

§17Third-Party Services and Integrations

17.1 The Platform integrates with or incorporates third-party services and APIs including but not limited to mapping and satellite imagery services, accounting integrations, payment processors, CDR intermediaries, e-signature providers, and communications providers. Your use of any third-party service through the Platform is subject to the applicable third-party terms of service.

17.2 Hawthorn Technologies is not responsible for the availability, accuracy, or performance of third-party services. Disruption to a third-party service may affect Platform functionality. We are not liable for any Loss arising from such disruption.

17.3 Where you use the Platform’s payment collection functionality (if made available), you acknowledge that payment processing is provided by a third-party payment processor. Hawthorn Technologies does not store credit card or banking credentials. Payment transactions are governed by the applicable processor’s terms.

§18Dispute Resolution

18.1 Neither party may commence legal proceedings in respect of any dispute under these Terms without first complying with this clause, except where urgent interlocutory or injunctive relief is sought.

18.2 A party claiming a dispute has arisen must give written notice to the other party specifying: (a) the nature of the dispute; (b) the relief or remedy sought; and (c) a summary of the relevant facts.

18.3 Within 10 Business Days of the notice, authorised representatives of each party must meet (in person or by video conference) and use reasonable good-faith efforts to resolve the dispute.

18.4 If the dispute is not resolved within 30 Business Days after the notice, either party may refer the dispute to mediation by a mediator agreed between the parties or, failing agreement, appointed by the Resolution Institute.

18.5 Costs of mediation are shared equally. Each party bears its own legal costs.

18.6 All dispute resolution communications are confidential and conducted on a without-prejudice basis.

18.7 If mediation fails within 14 days of commencement, either party may commence legal proceedings.

§19General

19.1   Governing Law and Jurisdiction

These Terms are governed by the laws of Victoria, Australia. Each party submits to the exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia in respect of all matters arising out of or in connection with these Terms.

19.2   Entire Agreement

These Terms, together with our Privacy Policy and any executed Order Form or Addendum, constitute the entire agreement between the parties in relation to the Platform and supersede all prior agreements, representations and understandings.

19.3   Severability

If any provision of these Terms is held to be invalid, void or unenforceable, it will be severed and the remaining provisions will continue in full force and effect.

19.4   Waiver

A failure or delay by a party in exercising any right under these Terms does not operate as a waiver. A waiver of any breach does not constitute a waiver of any other breach. No waiver is effective unless made in writing.

19.5   Assignment

You may not assign, novate or otherwise transfer your rights or obligations under these Terms without Hawthorn Technologies’ prior written consent. Hawthorn Technologies may assign or novate these Terms without your consent, including in connection with a merger, acquisition, or sale of substantially all of its assets.

19.6   Notices

Notices under these Terms must be in writing and sent by email. Notice to Hawthorn Technologies must be sent to legal@swiftrebate.com.au. Notice to you will be sent to the email address registered on your account. Notices are deemed given on transmission, provided no delivery error notification is received.

19.7   Force Majeure

Neither party is liable for failure or delay in performing any obligation (other than a payment obligation) under these Terms if caused by a Force Majeure Event. The affected party must notify the other promptly and take all reasonable steps to mitigate the effects.

19.8   No Agency or Partnership

Nothing in these Terms creates a relationship of employment, agency, partnership, joint venture or trust between the parties.

19.9   No Third-Party Beneficiaries

A person who is not a party to these Terms has no right to enforce or benefit from any provision.

19.10   Independent Legal Advice

Each party confirms that it has had the opportunity to obtain independent legal advice before accepting these Terms, and declares these Terms to be fair and reasonable.

§20Australian Consumer Law

20.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded under the ACL or other applicable law.

20.2 Where Hawthorn Technologies is liable for a failure to comply with a non-excludable consumer guarantee, Hawthorn Technologies’ liability is limited to: (a) re-supplying the Service; or (b) paying the cost of re-supply.

§21Compliance — Regulatory Programs

21.1 The Platform facilitates, but does not replace, compliance obligations under the VEU scheme, the Solar Homes Program, and the STC/REC scheme. Users remain solely responsible for meeting all requirements of those programs including product eligibility, installation standards, Accredited Person sign-off, record keeping, and submission deadlines.

21.2 VEEC calculations, STC calculations and other rebate estimates generated by the Platform are indicative only and subject to final determination by the ESC, CER and other relevant authorities. Hawthorn Technologies provides no guarantee that calculated amounts will be accepted or credited.

21.3 All regulatory submissions made through the Platform are made by or on behalf of the Retailer and Accredited Person, not by Hawthorn Technologies. Hawthorn Technologies acts as a conduit only.

§22Execution

By registering an account or otherwise accepting these Terms (as described in clause 3), the User agrees to be bound by these Terms & Conditions.