Thank you for participating in the Evergen Amber Referral Program (‘Program’). 

By using this website, you agree to the following terms and conditions of use, in addition to Evergen’s Website Terms and Conditions and Privacy Policy:


1. You must provide Evergen with all information Evergen deems necessary to identify you and for your participation in the Program, including for making any required payments to you.

2. Evergen may, in its sole discretion, approve or reject your participation. Evergen reserves the right to limit the number of participants.

3. To the extent you are permitted by law to do so, you grant Evergen an irrevocable, world-wide, transferable, non-exclusive and royalty-free licence to use any data and intellectual property generated by you or your battery system during the for any purpose.


4. Your participation in the Program is contingent on you meeting (and continuing to meet) the following technical requirements:
    1. You must have an Evergen Intelligent Control-compatible battery installed at the premises and for the account you are billed for by your electricity retailer;
    2. Your battery must be connected to the internet at all times during the;
    3. If your battery does not meet the technical requirements for any reason, including without limitation due to the negligence of Evergen, or you cannot meet any other requirements for participation, you agree that you will not be entitled to any Participation Payment or Compensation Payment.
5. Evergen integrates with many different battery and device suppliers to monitor and control devices using Intelligent Control, and we work with the device manufacturers engineering teams to ensure that our Intelligent Control only sends commands to the device that are within its operating limits.

6. Our ability to integrate, control discharge and charge of your battery is also 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). As such, Evergen is prevented from exceeding the operating limits set by your battery manufacturer and therefore Intelligent Control should have no adverse impact on the manufacturer’s warranty. While Evergen is not aware of any battery warranties that will be voided if Intelligent Control is utilised, given the range of manufacturers that Evergen integrates with, we cannot guarantee your battery warranty will not be affected, and we recommend you speak to your battery manufacturer about the specifics of the battery warranty when enrolling in any scheme or using any software or hardware that can charge or discharge your device.

7. Evergen does not guarantee the performance of your battery as solar and battery system performance contains a number of variables, including weather conditions, site loads & differences in hardware & software specifications. Evergen is unable to guarantee that these results will be repeated in all scenarios.


8. The information contained on the Program is for general information purposes only.

9. Evergen assumes no responsibility for errors or omissions in the contents of the Program.

10. Evergen does not warrant that the Program is free of viruses or other harmful components. 

11. The information given by the Program is for general guidance on matters of interest only. Even if Evergen takes every precaution to ensure that the content of the Program is both current and accurate, errors can occur. Plus, given the changing nature of laws, rules and regulations, there may be delays, omissions or inaccuracies in the information contained on the Program. 

12. The information on the Program is provided with the understanding that Evergen is not herein engaged in rendering legal, accounting, tax, or other professional advice. 

13. All information in the Program is provided "as is", with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose.

14. Evergen will not be liable to You or anyone else for any decision made or action taken in reliance on the information given by the Program, even if advised of the possibility of such damages.


15. The Program may contain links to external third party websites that are not provided or maintained by Evergen.

16. Please note that Evergen does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external third party websites.

17. Evergen is not responsible for any errors or omissions, or for the results obtained from the use of this information.


18. Evergen will use, protect and handle your personal information in accordance with Australian privacy legislation and Evergen’s Privacy Policy.

19. You consent to Evergen sharing your personal information with third parties for the purposes of referral to its preferred partners (listed on the Program).

20. If you do not consent for Evergen to share your information with third parties, please contact us to opt out at info@evergen.energy


21. Regardless of any other term or condition of this offer, nothing in this offer excludes or purports to exclude any statutory right or warranty that may not be excluded by law. If any aspect of the offer relates to goods or services to which a guarantee under the Competition and Consumer Act 2010 (Cth) applies, then Evergen’s liability is limited, at Evergen’s option, to:
    1. repair, replacement, or resupply of the relevant goods or services; or
    2. payment of the cost of repair, replacement, or resupply of the relevant goods or services.
22. In no event shall Evergen be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Program or the contents of the Program. 

23. Evergen reserves the right to make additions, deletions, or modifications to the contents on the Program at any time without prior notice. 


24. Evergen may terminate this Agreement and any retailer plans You sign through the Program for convenience at any time on written notice to You without the requirement to give reasons.

25. Evergen may modify or amend these terms at any time without notice to You.

26. Evergen may pay incentives or sign up bonuses to You or any other party under this Agreement in its sole discretion.