Terms of Use

General Terms and Conditions of VPP

    • Definitions

The following definitions apply in this document:

App means the software application made available by VPP for you to access the Services.

Apple means Apple Inc. of 1 Infinite Loop, Cupertino, California, USA.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any equivalent state or territory legislation.

Consumer Guarantee means a right or guarantee you may have under the Australian Consumer Law or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded.

Device means an electronic device owned or controlled by you, such as a mobile phone or tablet, compatible with the App.

iOS App Store means the App Store operated by Apple in respect of its devices running the iOS operating system.

VPP, we, us, our means VPP Pty Ltd (ACN 662 490 011).

Profile means an account containing data about you and associated metadata in connection with the Service.

Privacy Policy means our policy required under Australian Privacy Principle 1.3 as provided to you.

Service means the optimisation and monitoring services related to your solar system and battery storage supplied by VPP.

Terms of Service means any separate terms and conditions between you and us, and any terms and conditions entered into with our authorised reseller that installs your solar and battery system, relating to the App or the Service.

Usage Rules has the same meaning set out in iOS App Store terms.

you and your means a user that downloads, installs or uses the App.

  • Interpretation

In this document, unless a contrary intention is expressed:

  • the word ‘document’ refers to these terms and conditions);
  • headings are for convenience only and do not affect interpretation;
  • the singular includes the plural and vice versa;
  • a reference to a document, deed or an agreement (including this document) includes the document, deed or agreement as varied, novated, supplemented, extended, replaced or restated;
  • the meaning of general words is not limited by specific examples introduced by “including”, “for example”, “such as” or similar expressions;
  • a reference to a particular person includes the person’s executors, administrators, successors and permitted assigns;
  • the word “person” includes an individual, a body corporate, a partnership, a joint venture, an unincorporated association and an authority or any other entity or organisation;
  • a reference to the word “law” includes common law, principles of equity and legislation (including regulations);
  • a reference to any legislation includes any consolidations, amendments, re-enactments or replacements;
  • a reference to the word “regulations” includes instruments of a legislative character under legislation (such as regulations, rules, by-laws, ordinances and proclamations);
  • no provision or expression is to be construed against a party on the basis that the party was responsible for its drafting; and
  • an agreement, representation or warranty in favour of two or more persons is for the benefit of them jointly and each of them individually.
  1. Acceptance
    • Please review the terms contained in this document carefully before you accept them. If you do not agree to the terms contained in this document, you are not permitted to use the App.
    • By installing the App you agree to be bound by the terms contained in this document and that you have read and acknowledged our Privacy Policy.
    • This document governs your use of the App. Use of any Services may also be subject to any applicable Terms of Service.
  2. The App
    • The App can be used on most Apple iOS and Android OS devices.
    • In order to use any Services through the App, you must:
      • have a compatible Device;
      • download and install the App on your compatible Device from the relevant marketplace for your Device’s platform;
      • agree to any relevant Terms of Service; and
      • register a Profile using the App (see section 4).
    • We may update the App to add to, and improve, its functions. Depending on the update, you may not be able to use the App until you have downloaded the latest version and accepted any new or additional terms.
    • If you have any issues with the App, please contact your IT department in the first instance. Otherwise, please contact us and we will do our best to help you.
    • You acknowledge that the App and the Services may be dependent upon other parties. We try to ensure that the App and the Services are available to you at all times, though we can’t promise that they will always be available or work perfectly as these events are sometimes outside of our control.
  3. Your Profile

You need to register on the App to use it. This will create an account in the App, which is known as a Profile. The first time you use the App, you will be guided through the process to register a Profile to enable you to use the Services.

    • VPP integrates with many different battery and device suppliers to provide the Services, and we work with the device manufacturers to ensure that we only send commands to the device that are within its operating limits.
    • Our ability to provide the Services is limited to what the manufacturers will allow within the limits imposed by their API (Application Programming Interface) and Firmware (the manufacturer’s permanent software programmed into the battery).
  2. Intellectual Property
    • All trade marks, copyright, database rights and other intellectual property rights of any nature in the App (including its appearance and branding), together with the underlying software code, is owned by us or our licensors.
    • We grant you a revocable right to use the App for your personal use in accordance with the terms contained in this document.
    • You must comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.
  3. Your use of the App
    • You must not:
      • use the App in any unlawful way or in breach of the terms contained in this document, or act fraudulently or maliciously;
      • infringe intellectual property rights in relation to the App, or your use of it;
      • allow any other person to use the App installed on your Device;
      • attempt to alter or decipher any transmissions to or from the servers running any Service;
      • copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or any part of the App, other than as expressly provided in this document or otherwise permitted by law, or
      • use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other people who use the App.
  1. Third-party software and services
    • You may be required to use third-party software on your Device in order to use the App, in which case you agree that:
      • we are not responsible for such third-party software (or any updates to that software);
      • such third-party software is subject to its own terms and conditions; and
      • if you are unable or unwilling to obtain or install such third-party software, you may be unable to access or use the App.
    • Access to all or parts of the App may require your Device to be connected to the internet or require other third-party services. Your use of third-party services may be subject to fees and separate terms and conditions. You acknowledge that we are not liable for the activities of any such third parties. You are responsible for ensuring that your installation and use of the App does not cause you to exceed any data usage quotas or other limitations that may apply to your internet service or other services acquired from third parties.
    • The App may contain links to third-party websites or other third-party content or services. Those links are provided for convenience only and may not remain current or be maintained. Such links should not be construed as an endorsement, approval or recommendation by us of the third parties, or of any content or services provided by them. Your use of any third-party content or services may be subject to separate terms and conditions.
  2. Acknowledgements and liability
    • Notwithstanding anything else in this document, VPP will not be liable for the installation, maintenance, repair and replacement or any other issues relating to solar cells, batteries or any related hardware.
    • To the extent permitted by relevant law, you agree that:
      • you use the App at your own risk;
      • the App is provided on an ‘as is’ and ‘as available’ basis;
      • unless we and you otherwise agree in writing, we will not be obliged to provide support for the App other than as set out in this document, and
      • the App cannot be guaranteed to be error-free, and the existence of any such errors will not constitute a breach of this document.
    • Except as expressly provided to the contrary in this document, and to the extent permitted by applicable law, we will not be liable to you for any loss, including special, indirect or consequential damages, or claim, arising directly or indirectly from:
      • the supply of a defective App;
      • a failure to provide the App, in whole or in part;
      • errors or interruptions occurring in the course of using the App;
      • corruptions to or loss of data in connection with the App;
      • any suspension or discontinuance of the App or a part of the App;
      • any use of the App by other users, including any use in a manner which contravenes this document, or
      • a breach of this document.
    • You may have rights under the Australian Consumer Law, including the Consumer Guarantees, that we cannot lawfully exclude or limit. Nothing in this document has the effect of excluding, restricting or modifying any of those rights and Consumer Guarantees.
    • You agree to reimburse us for any losses we incur as a result of your breach of, or failure to comply with, this document or if we suffer any losses as a result of your use of the App.
  3. Additional terms for using the App from the iOS App Store
    • If you downloaded the App from the iOS App Store, you agree that:
      • this document is an agreement between you and us only, and not with Apple, and that we alone are responsible for the App and the content of this document;
      • Apple has no obligation whatsoever to provide any maintenance and support services with respect to the App;
      • Apple is not responsible for addressing any claims you or any third party have relating to the App or your possession and/or use of the App, including but not limited to:
        • product liability claims;
        • any claim that the App fails to conform to any applicable legal or regulatory requirement or claims arising under consumer protection or similar legislation;
        • in the event of any third party claim that the App or your possession and/or use of the App infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defence, settlement and discharge of any such claim;
        • your use of the App is subject to the Usage Rules;
        • Apple, and Apple’s subsidiaries, are third party beneficiaries of this document;
        • upon your acceptance of this document, Apple will have the right (and will be deemed to have accepted the right) to enforce this document against you as a third party beneficiary of this document.
  1. Security
    • While we take reasonable steps to do so, we do not warrant and we cannot ensure the security of any information transmitted using the App. Nevertheless, when we receive data from you, we will take reasonable steps to preserve the security of such information.
    • You must ensure your Device and security credentials remain secure. You must not share your Device or security credentials (such as an access code) with any other person. We recommend that you have security protection on all of your Devices (such as a passcode or fingerprint to unlock the Device) to prevent others attempting to access the App.
    • You must:
      • ensure the Device is always in your possession;
      • keep the Device locked whenever you are not using it and maintain strong security settings to prevent unauthorised unlocking or use;
      • for any password or passcode that can be used to unlock the Device:
        • ensure it is strong and cannot be easily guessed (for example, do not use your birth date); and
        • do not tell it to anyone else or record it in a way that someone else could figure it out (for example, do not write it on a card kept near the Device);
      • not leave the Device unattended in any public place, in any vehicle, or in any situation in which it may be used or manipulated by another person;
      • not override any security measures on the Device (e.g., ‘jailbreaking’) or attempt to do so;
      • only install applications on the Device from the official marketplace for the Device’s operating system (e.g., iOS App Store, Google Play, etc.); and
      • notify us, or the supplier of the Service(s), immediately if the Device becomes lost or stolen, or if you sell, transfer or give it to any other person.
    • You must take your own precautions to ensure that the process you use for accessing the App does not expose you to the risk of viruses, malicious code or other forms of interference which may damage your Device. We do not accept responsibility for any interference or damage to Devices which arises in connection with use of the App.
    • Android devices allow apps to draw or run over other apps, or otherwise interact with other apps (“Overlay Functionality”). This functionality could be abused by third parties to capture the content of the App and therefore poses a security threat. We strongly advise you not to allow other apps to use Overlay Functionality in order to prevent possible misuse of information such as personal information or access credentials. If you do permit other apps to use the Overlay Functionality then (unless it’s caused by our failings) you are responsible for (and agree to hold us harmless from) any misuse of, or changes to, your information, including on your Profile, resulting from the use of the Overlay Functionality.



  1. Suspending and TERMINATION OF use
    • This document continues until it is terminated by either us or you under this clause
    • We may immediately terminate this document and your use of the App if:
      • you have breached or threaten to breach any term in this document or the Terms of Service, or we have reasonable grounds to suspect that you have done so or intend to do so; or
      • the Terms of Service are terminated for any reason.
    • If we notify you of such termination, you must immediately delete the App from all Devices in your possession or control and you must not access the App again.
    • We may suspend or terminate access to the App if we deem it necessary or prudent to do so:
      • in order to preserve the integrity and security of the App or Services, the data collected from it, or any related equipment or systems;
      • for legal reasons, including any change in the law;
      • due to circumstances beyond our reasonable control, including disruption to network connections or equipment, loss of third-party services, denial of service attacks, strikes, lock-outs, labour disputes, acts of God, acts of nature, acts of government or their agencies, fire, flood, storm, riots, power shortages or power failure, war, terrorist acts, sabotage, or inability to obtain sufficient labour, raw materials, fuel or utilities, or
      • in order to perform support or maintenance of the App or any infrastructure, systems or software used by us in connection with providing the App.
    • You may terminate this document at any time by uninstalling the App from all Devices linked to your Profile.
    • Termination pursuant to this clause 12 will not affect any rights or remedies which either of us may have otherwise under this document or at law.
    • Nothing in this clause limits any right we may have to modify the App, including by removing any features, or to modify or cease offering the App or any part of the App.
  2. How we protect your data
    • Any personal information you supply to us (and which we collect from you or other sources) will be used by us in accordance with our Privacy Policy.
    • By using the the App, you consent to us collecting and using technical information about your usage and device to improve our products and to provide any services to you.
  3. General
    • Amendment

We reserve the right to amend this document at any time. We will inform you of any changes either through the App when you access the App for the first time following the change or by email, and your continued use of the App following the notification of changes will mean that you accept the changes.

  • Assignment

We may transfer our rights and obligations under this document to another organisation, but this will not reduce your rights or those obligations. You may not transfer your rights or obligations to another person.

  • Entire Agreement

In relation to the subject matter of this document, this document:

  • embodies the entire agreement between the parties; and
  • supersedes any prior written or oral representations, negotiations, arrangements, understandings or agreements and all other communications between the parties.
  • Governing Law

This document is governed by the laws of New South Wales. The parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales (and any court of appeal) and waive any right to object to an action being brought in those courts including by claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction. 

  • Severability

If a provision of this document is or becomes illegal, invalid or unenforceable:

  • it is to be read down to the extent necessary to preserve its operation; or
  • if it cannot be read down, it is to be severed to the extent of its illegality, invalidity or unenforceability and replaced by a legal, valid, and enforceable provision which so far as is possible will have the same economic benefit or burden for the parties as the severed provision was intended to achieve.
  • Variation

A provision of this document cannot be varied except where the variation is in writing and signed by or on behalf of each party.

  • Waiver

Any waiver or consent given by any party under this document will only be effective and binding if it is in writing and signed by or on behalf of that party. Without limiting the foregoing, any failure to, delay in or partial exercise or enforcement of, any right, power or remedy provided under this document or at law does not constitute a waiver of that right, power or remedy, nor will it affect or impair the right of a party to exercise or enforce them at a later time or to pursue remedies it may have for any subsequent breach of the terms of this document.