Terms of Service

1. About these terms

These terms are an agreement between you and Vireo Energy Pty Ltd (ABN 20 670 436 067) (“we”, “us”, “our”), an Australian company based in Victoria that publishes and operates Power Saver: Solar Sharer App (“the App”) for iPhone and Android under licence from Adaptive Energy Group Pty Ltd. By downloading, installing or using the App you agree to these terms and to our Privacy Policy. If you do not agree, do not use the App.

The terms of the Apple App Store or Google Play also apply to your download, and section 17 sets out the provisions those stores require. If these terms and a store’s terms conflict, the store’s terms apply to the download and these terms apply to your use of the App.

2. Who may use the App

The App is a household tool intended for adults. If you are under 18, you may use the App only with the permission of a parent or guardian, who agrees to these terms on your behalf. The App is designed for households in Australia with a daily free electricity window on their retail plan. You may use it elsewhere, but the offers and figures it refers to are Australian.

3. What the App does, and does not do

The App lets you enter the hours of your free electricity window and your electricity rate, add the appliances in your home, schedule when you plan to run them, and receive reminders. It shows the latest time to start each run so that it finishes inside the window, and an estimate of the money and energy each run saves compared with running it at your entered rate.

The App does not:

• switch any appliance on or off, or connect to any appliance, smart plug, inverter, battery or meter;
• communicate with your electricity retailer, sign you up to a plan, or verify that your plan has a free window or what its hours are;
• read your meter or your bill, or measure what your appliances actually use;
• act as an energy retailer, a plan comparison service, or a source of financial, legal or professional advice.

Reminders are local notifications on your device. Whether and when they appear depends on your device settings, battery and power-saving modes, operating system behaviour and the permissions you grant. You should not rely on a reminder as the only way you will know the window has opened or is about to close.

4. Free power windows and your electricity plan

A free electricity window is a feature of a retail electricity plan. In Australia it includes the Solar Sharer Offer regulated by the Australian Energy Regulator, the Victorian Midday Power Saver regulated by the Essential Services Commission, and free-hours plans that retailers offer on their own terms. Whether you are eligible, how you opt in, what hours apply, any daily cap on free usage, what else you are charged, and whether the plan suits you are all matters between you and your retailer under that plan’s terms and the applicable energy rules.

You set the window hours in the App. The App does not check them. The App’s default window (11 am to 2 pm) is an example only and may not match your plan. You are responsible for entering the hours and rate on your own plan and for keeping them current if your plan changes.

We are not affiliated with, endorsed by, or acting for any electricity retailer, the Australian Energy Regulator, the Essential Services Commission, the Australian Government or any state government, including the Victorian Government’s Midday Power Saver scheme. References to those bodies and plans are descriptive only.

The App’s name includes “Solar Sharer” because the App is designed to help you use that offer. The name does not mean the App is part of the Solar Sharer Offer or approved by the Australian Government, the Australian Energy Regulator or any retailer.

5. Savings and energy estimates

Every dollar and kilowatt-hour figure the App shows is an estimate. The App calculates the energy for a run from the appliance you selected and the loads, time or volume you entered, and prices that energy at the rate you entered. Appliance energy figures come from published sources (section 9) and from typical values, not from measurements of your appliance. In particular:

• a registered model’s figure reflects the standard test behind its energy label, and your actual use (program, load size, water temperature, settings, age and condition) will differ;
• a “Typical” model is a median of registered models with a similar star rating, not your appliance;
• dryer energy scales with drying time, while washing machines and dishwashers use a per-load figure, so partial loads and long cycles are approximations;
• EV charging energy assumes a typical charging efficiency and ignores the vehicle’s state of charge, battery temperature and charger limits;
• the saving assumes the whole run would otherwise have been charged at your entered rate, and that electricity inside the window is free. It does not account for daily caps on free usage, supply charges, controlled-load circuits, demand charges, feed-in tariffs you may forgo, or any difference between your plan’s rates and the rate you entered.

The App’s savings tallies are the sum of those per-run estimates for the runs you scheduled. They are not a measurement of what you used, a statement of what your retailer will bill, or a guarantee that you will save anything. Read your bill and your plan for what you actually pay. You are responsible for any decision you make, including whether to change plan, based on the App’s figures.

6. Appliance safety

You are responsible for operating your appliances safely and in accordance with their manufacturers’ instructions. Some appliances, for example dryers, heaters, ovens and chargers, should not be left running unattended or while you are asleep, and some carry specific safety instructions. The App’s reminders, timer suggestions and switch-off reminders are conveniences, not a safety system. Do not rely on them to prevent an appliance running longer than is safe, and do not use the App to schedule an appliance in a way its manufacturer advises against.

7. Your licence to use the App

We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, for your own household use, in accordance with these terms and the applicable store’s usage rules. The App is licensed, not sold.

You must not: copy, modify, distribute, sell, rent or sublicense the App; extract, scrape or republish the appliance catalogue bundled with the App beyond what its licences (section 9) allow; reverse engineer, decompile or disassemble the App except to the extent the Copyright Act 1968 (Cth) or other applicable law expressly permits; remove any notice of ownership; or use the App for anything unlawful or to interfere with any system or service.

8. Your data

What you enter in the App is yours, and in this version it stays on your device: the App has no accounts and sends nothing you enter to us. Our Privacy Policy describes exactly what the App stores, the only network requests it makes, and how to delete your data. Keep your own backups if your schedule matters to you; uninstalling the App deletes its data.

9. Third-party data and attribution

The appliance catalogue bundled with the App is built from the following sources, each of which remains the property of its owner:

• Energy Rating dataset. Registration data for dishwashers, washing machines, clothes dryers, air conditioners and pool pumps is sourced from the Australian Government’s Energy Rating program, published on data.gov.au by the Department of Climate Change, Energy, the Environment and Water under the Creative Commons Attribution 3.0 Australia licence. © Commonwealth of Australia. The data has been processed and aggregated by us; the Commonwealth has not endorsed the App or our use of the data.
• Energy Rating label images. The star-rating label images shown on appliance cards are downloaded by your device from energyrating.gov.au for display only, and are not part of the App. The Energy Rating Label is a trademark of the Commonwealth of Australia, and the images are subject to the Energy Rating program’s own terms.
• EV charger directory. EV charger brands, models and power ratings are sourced from the SolarQuotes EV charger directory. SolarQuotes has not endorsed the App.
• Other appliances. Kettles, dehumidifiers, space heaters, microwaves, ovens, irons and vacuum cleaners use typical published figures compiled by us.

Brand and model names are the trademarks of their owners and are used only to identify appliances. No manufacturer, retailer or data provider is affiliated with or endorses the App. Data may be incomplete, out of date or contain errors, and we do not warrant it.

10. Intellectual property

The App and its content (its design, text, graphics, code and the compiled catalogue, but excluding the third-party data and materials in section 9) are owned by Adaptive Energy Group Pty Ltd or its licensors and are licensed to Vireo Energy Pty Ltd for operation and distribution. “Power Saver” and “OnSun” are our names and marks. “Solar Sharer” is the name of the Australian Government’s offer. We use it in the App’s name only to describe what the App is for, and we claim no rights in it. You do not acquire any rights in them by using the App.

If you send us feedback or suggestions, you agree that we may use them without any obligation to you.

11. Updates and availability

We may update the App, change or remove features, change its default values and data, and release new versions through the stores. Some updates may be needed for the App to keep working with your operating system. We may also stop providing the App; if we do, we will give reasonable notice through the App or the stores where that is practicable, and the App will keep working on your device for as long as your device supports it. We do not promise that the App will be available at all times, free of errors, or compatible with every device.

12. Australian Consumer Law

The Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) gives consumers guarantees that cannot be excluded, including that software is of acceptable quality and fit for its purpose. Nothing in these terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that you have under the Australian Consumer Law or any other law and that cannot lawfully be excluded, restricted or modified. If the App fails to meet a consumer guarantee, you have the remedies the Australian Consumer Law provides, and nothing in these terms makes those remedies discretionary.

Sections 5, 11 and 13 apply only to the extent the law allows, and are to be read subject to this section.

13. Liability

Subject to section 12, and to the extent permitted by law:

• the App and its content are provided free of charge and “as is”, and we give no warranty that its estimates, data, reminders or suggestions are accurate, complete or suitable for your circumstances;
• we are not liable for any loss arising from reliance on an estimate, a missed or late reminder, an error in the appliance data, a difference between your plan and the hours or rate you entered, a decision to change or not change electricity plan, or the operation of any appliance;
• we are not liable for indirect or consequential loss, including loss of savings you expected to make;
• we are not responsible for third-party websites, data or services that the App links to or draws on, including the app stores and the data sources in section 9;
• our total liability to you in connection with the App, other than liability that cannot be limited by law, is limited to AUD $100.

Nothing in this section limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be limited by law.

14. Your responsibilities

You are responsible for the accuracy of what you enter, for keeping your device and operating system up to date and secure, for the permissions and settings that let reminders reach you, for your appliances and how you run them, and for complying with these terms and the law when using the App.

15. Ending your use

You may stop using the App at any time by uninstalling it. There is no account to close. We may end your licence if you materially breach these terms and, where the breach can be fixed, do not fix it within a reasonable time after we tell you, or if we discontinue the App under section 11. Sections 9, 10, 12, 13, 18 and 19 continue to apply after your use ends.

16. Changes to these terms

We may change these terms when the App changes, when the law changes, or to correct or clarify them. The current terms are always at onsun.app/power-saver/terms-of-service.html with the effective date and version at the top. For a change that reduces your rights or adds obligations we will give at least 14 days’ notice through the App, the store listing or this website before it takes effect, where that is reasonably practicable. If you do not accept a change, stop using the App before the change takes effect. A change does not affect any right either of us had before it took effect.

17. App store terms

If you obtained the App from the Apple App Store, the following also applies. These terms are between you and us only, not Apple Inc. (“Apple”). Apple has no obligation to provide maintenance or support for the App. Apple is not responsible for any claim by you or a third party relating to the App or your use of it, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, consumer protection claims, and claims that the App infringes a third party’s intellectual property; we are responsible for addressing those claims to the extent required by law. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (which is nil), and to the maximum extent permitted by law Apple has no other warranty obligation. You confirm that you are not in a country subject to a United States Government embargo or designated as a “terrorist supporting” country, and that you are not on any United States Government list of prohibited or restricted parties. You must comply with any third-party terms that apply to your use of the App. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you. Your use of the App is also subject to the usage rules in Apple’s Media Services Terms and Conditions.

If you obtained the App from Google Play, your download is also subject to the Google Play Terms of Service. Google is not a party to these terms and is not responsible for the App.

18. General

• These terms, the Privacy Policy and the applicable store terms are the whole agreement between you and us about the App. Nothing in this clause limits any right you have under the Australian Consumer Law in respect of anything we have represented.
• If any part of these terms is invalid or unenforceable, the rest continues to apply.
• If we do not enforce a term on one occasion, we may still enforce it later.
• We may transfer our rights and obligations under these terms to a company that takes over the App, and will tell you through the App or this website if we do. You may not transfer yours.
• We will contact you, if we need to, through the App, the store listing or this website.

19. Governing law and disputes

These terms are governed by the laws of Victoria, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of Victoria and the courts that hear appeals from them. Nothing in this section prevents you from relying on the consumer protection laws of the place where you live, or from bringing a claim in a court or tribunal there where the law gives you that right.

If you have a problem with the App, please contact us first (section 20) and we will try to resolve it with you. You can also contact the consumer protection agency in your state or territory, or the Australian Competition and Consumer Commission.

20. Contact

Vireo Energy Pty Ltd (ABN 20 670 436 067), Victoria, Australia, publisher of Power Saver: Solar Sharer App. Questions about these terms, or help with the App: