Kleenheat Spark Platform Agreement

1. User Agreement

1.1 This Platform Customer Agreement ("Agreement") governs your access to and use of the online Platform operated by Wesfarmers Kleenheat Gas Pty Ltd, with its registered office at Level 14, 123 St Georges Terrace, Perth, Western Australia ("Kleenheat", "we", "us", or "our"). This Agreement is between you and Kleenheat.

1.2 By registering for, accessing, or using the Kleenheat Spark website or application ("Website") or the Platform, including to place an order for Products or Services, you ("Customer", "you", or "your") agree to be bound by this Agreement.

1.3 By using the Website you accept these terms and conditions.

2. Account Registration and Eligibility

2.1 To access the tools on the Website you must provide Kleenheat with your email address.

2.2 To access and use the full functionality of the Website (including purchasing Products and Services through the Platform) you must:

create an account and provide accurate, complete, and current personal and contact information;
be at least 18 years old, have a current Australian residential address and have the capacity to enter into a legally binding agreement with us to purchase Products or Services on the Platform.

2.3 You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3. Use of the Platform

3.1 Kleenheat provides a platform for Installers to offer products and services to Customers. When you purchase Products and Services from an Installer through the Platform:

you are transacting directly with the Installer, and Kleenheat is not a party to that transaction.
the Installer is responsible for fulfilling the Transaction.
Kleenheat does not control or guarantee the quality, safety, shipping, delivery and installation of the Products or Services offered and supplied by the Installers.
to the extent permitted by law, Kleenheat makes no warranty or representation regarding the quality or fitness for purpose of any Products or Services to be supplied by the Installer or the accuracy or completeness of any information provided by Installers on the Platform.

However, nothing in this clause [3.1] is intended to have the effect of excluding, restricting or modifying your rights or our obligations that cannot be excluded, restricted or modified by law (including the Australian Consumer Law) ("Non-Excludable Rights").

3.2 You must only use the Website through the interfaces provided by us and in accordance with this Agreement and any applicable law.

3.3 You must not (and must not attempt to):

do anything to affect the security of the Website or Platform or interfere with or disrupt the Website, the Platform or the servers or networks that host the Website or the Platform;
use data mining, robots, screen scraping or similar data gathering and extraction tools on the Website and Platform;
interfere with security-related or other features of the Website and Platform; or
use, copy or distribute content without our express permission.

3.4 From time to time, we may require two-factor authentication to enable you to access your Account. When two-factor authentication is enabled, you will be required to enter an authentication code which will be sent to you by the preferred verification method you have selected. If you are unable to access your verification code, you will need to call our Customer Service Centre to verify your account.

3.5 Subject to any Non-Excludable Rights, we do not warrant that the Website or Platform will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website or Platform.

3.6 You may not:

modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; or
decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

4. Orders

4.1 When you order a Product or Service through the Platform, your order is an offer from you to the relevant Installer to buy that Product or Service from that Installer. A contract for the supply of the Product or Service from the Installer to you will be formed on the basis set out in the Installer Agreement.

The supply of the Products or Services purchased by you from an Installer through the Platform is governed by the Installer Agreement.

5. Pricing and Payment

5.1 Installers are responsible for setting the price of their Products, Services and any applicable charges.

5.2 The prices of Products, Services and any applicable charges shown, are in Australian dollars, inclusive of GST.

You must pay for all purchases for Products and Services made through the Platform via integrated payment system at the time that such payments are due in accordance with the Installer Agreement and through one of the payment methods offered on the Platform. Kleenheat may use third-party payment processors. In receiving payment through the Platform, Kleenheat receives payment for the sale of Products and Services on behalf of, and as agent for, the Installer.

6. Title and Risk

6.1 Title to Products, and risk of loss or damage to Products, purchased by you shall pass to you in accordance with the terms of the Installer Agreement.

7. Warranties and Liability

7.1 Products may contain warranty documents on or inside the packaging provided by the manufacturer of the Product or the Installer. Any such warranty is not given by Kleenheat.

7.2 All other warranties are excluded, except those which are non-excludable in law, including the Australian Consumer Law.

7.3 To assist the Installer in resolving any problems you may experience, please report any defect, wrong specification or similar problem to the Installer as soon as you become aware of it.

7.4 We do not warrant, endorse, guarantee or assume responsibility for any Product or Service advertised or offered by an Installer through the Website or Platform.

7.5 Where any law (including the Australian Consumer Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.

7.6 Subject to any Non-Excludable Rights, in no event shall we be liable to you for any special, incidental or consequential loss arising out of or in connection with our Website or Platform, or this Agreement.

8. Refunds, Returns, Cancellations and Disputes

8.1 Refunds, returns, and cancellations are subject to the terms of the Installer Agreement (which must comply with applicable consumer protection laws).

8.2 Kleenheat may facilitate communication between Customers and Installers regarding complaints or disputes between them but is not obligated to resolve them. If you are unable to resolve a complaint or dispute with an Installer, you may submit your complaint to [complaints@kleenheat.com.au] and Kleenheat will investigate your complaint.

9. Reviews

9.1 Customers may post reviews, ratings, and other content. You grant Kleenheat a non-exclusive, royalty-free, worldwide license to use, reproduce, and display such content.

9.2 You represent that your content is accurate, lawful, and does not infringe third-party rights.

9.3 Kleenheat may remove or moderate content that violates this Agreement or applicable law.

10. Images

10.1 We endeavour to depict goods available for order using accurate images of the Products. At times, however, Products actually delivered may to a small extent differ in appearance and packaging from their appearance in images and photographs on the Website.

11. Privacy

Kleenheat collects and processes personal information in accordance with its Privacy Policy (located at [kleenheat.com.au/spark/privacy] “Privacy Policy”) including to permit Kleenheat to facilitate Transactions between you and an Installer. Without limiting this provision, by placing an order on the Platform you acknowledge that Kleenheat may disclose your personal information to an Installer you have purchased Products or Services from through the Platform.

11.1 By using the Platform, you consent to the collection, use, and sharing of your data as described in the Privacy Policy.

11.2 Kleenheat implements reasonable security measures but cannot guarantee absolute protection against unauthorised access.

12. Intellectual Property

12.1 All content, graphics, user and visual interfaces, photographs, trade marks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to Kleenheat, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

12.2 Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.

12.3 If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.

13. Amendments

13.1 Kleenheat may update this Agreement from time to time. Changes will be posted on the Website and/or communicated via email.

13.2 Continued use of the Website and Platform after changes constitutes acceptance of the revised Agreement for Transactions entered into after the date of the revision.

14. General

14.1 Entire Agreement: To the extent permitted by law, this Agreement constitutes the entire agreement between the parties.

14.2 Severability: If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

14.3 Waiver: Failure to enforce any provision shall not constitute a waiver.

14.4 Governing Law: This Agreement is governed by the Laws of the State of Western Australia. The parties submit to the non-exclusive jurisdiction of the courts of Western Australia.

15. Definitions and Interpretation

15.1 In this Agreement, the following terms have the following meanings:

“Installer” A third-party vendor offering products or services through the Platform.

“Installer Agreement" means the agreement between you and the Installer for the supply of the Products and Services, which is made available to you when obtaining a quote for Products or Services.

“Platform” means the platform established and operated by Kleenheat on the Website and includes all applications, systems and, processes associated with the Website that facilitate transactions between Customers and third-party Installers.

“Products” means products offered for sale by an Installer through the Platform.

“Services" means services offered for supply by an Installer through the Platform (including but not limited to installation services).

“Transaction” Any purchase or sale of products or services conducted via the Platform.

Effective Date: 6 October 2025

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