8.1 When you purchase GreenPower or Carbon Offsets from us you may elect to remain anonymous, however you will be required to provide an address of the property for which the GreenPower purchased relates. If you elect to become a member of our Service you may choose to provide additional personal information to us. In both cases you consent to us using the personal information that you provide.

8.2 Personal information means information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion.

8.3 When collecting any personal information, we must comply with the Privacy Act 1988 (Cth) (“the Privacy Act”) and the 10 National Privacy principles under the Privacy Act, and our privacy policy which can be found on the ARK Climate web site at www. arkclimate.com.au/privacy

8.4 To provide the Service to you, we may disclose, on a confidential basis, personal information of you or your employees and contractors to third parties engaged by us to perform administrative or other Services with the consent of the individual to whom the personal information pertains or where required by law.

8.5 Any personal information we collect and hold may be accessed and corrected by the individual to whom the personal information pertains.

8.6 We have taken measures to ensure that information provided by you in respect of the Service is stored securely. Only authorised personnel have access to that information. 9.

9. Disclaimer

9.1 General Disclaimer

(a) We are not a generator, distributor or retailer of standard power and are not responsible for the provision of electricity to you or anyone else.

(b) We are not liable for any loss or damage in connection with the billing component of our Service, which is provided by the National Australia Bank Limited ABN 12 004 044 937 and SecurePay Pty Ltd ABN 92 088 101 875.

(c) We are not liable for any loss or damage in connection with any changes to the law or Government regulations that may impact on the way we currently provide the Service.

(d) Our Ark Climate web site contains links to other internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss arising out of or in connection with any such web site.

(e) We or our Content suppliers may make improvements or changes to our Ark Climate web site, the Content, or to the Service, at any time and without advance notice.

(f) We give no warranty and make no representation, express or implied, as to:

(i) the adequacy or appropriateness of the Service, or any implied warranty or condition as to merchantability or fitness of the Service, for your purpose;

(ii) the accuracy of any information given on the Ark Climate web site;

(iii) the compatibility of the Ark Climate web site with your equipment, software or telecommunications connection;

(iv) compliance with any law;

(v) non-infringement of any right.

(g) Theses general disclaimers are not restricted or modified by any of the specific warnings or disclaimers set out in sub-clause 9.2.

9.2 Specific Warnings and Disclaimers

(a) The Trade Practices Act 1974 (Cth) and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to our provision of the Service to you which cannot be excluded, restricted or modified (“non-excludable rights”). We do not exclude any non-excludable rights but do exclude all other conditions and warranties imposed by custom, law or statute.

(b) Except as provided for by the non-excludable rights:

(i) the Service is provided to you without warranties of any kind, either express or implied; and

(ii) we do not warrant that the Service will be complete or free from all errors.

(c) Subject to sub-clause 9.2(a), under no circumstances (including but not limited to any act or omission on our part or on the part of our employees or contractors) will we be liable (including liability for negligence) for any direct, indirect, special or consequential damages, including without limitation loss of profits, data or use, incurred by you or any third party, whether in an action in contract or tort, which result from our provision of the Service to you.

(d) To the fullest extent permitted by law, our liability for breach of an implied warranty or condition, which cannot be excluded is limited at our option to the following:

(i) in the case of our provision of Service to you, our provision of the Service to you again or the cost of having a like Service provided to you again;

(ii) in the case of goods supplied or offered by us as part of our provision of the Service to you, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.

10. Indemnity

You release and indemnify us, our servants and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand), which may be instituted against us arising out of:

(a) a breach of this Agreement by you your use of our Ark Climate web site or our Service;

(b) the infringement by you, or by any person accessing our Service on your behalf or as your agent, of any intellectual property rights associated with the Content.

11. General Provisions

11.1 This Agreement will be governed by and construed according to the law of the State of Victoria.