TERMS AND CONDITIONS OF USE
PERMISSION TO USE THE CONSUMER PORTAL IS CONDITIONAL UPON YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
YOU MAY ACCEPT THESE TERMS AND CONDITIONS BY CLICKING THE "I ACCEPT" BOX BELOW. BY CLICKING THE “I ACCEPT BOX” BELOW, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN RELATION TO YOUR USE OF AND THE PERFORMANCE OF THE CONSUMER PORTAL AND THE INFORMATION, SERVICES AND MATERIALS CONTAINED IN OR PROVIDED BY IT.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT CLICK THE "I ACCEPT" BOX BELOW.Introduction
You should read these Terms and Conditions carefully. In these Terms and Conditions “we”, “our” or “us” means AusNet Electricity Services Pty Ltd (ABN 91 064 651 118) and includes its employees, agents, contractors and related bodies corporate; and “you” or “your” means the person who accepts these Terms and Conditions. Acceptance by you of these Terms and Conditions binds you and your employees, officers and agents to comply with these Terms and Conditions.
The Consumer Portal is an online application provided by us that allows you access to your energy consumption information. Without implying any licence to do so, if you pass on any information contained in the Consumer Portal to any other person, you should pass on these Terms and Conditions also. By accepting these Terms and Conditions you understand that it is your responsibility to manage your energy consumption and that the Consumer Portal will not guarantee lower utility bills.
Acceptance and Changes to Terms and Conditions
You acknowledge and accept that your use of the Consumer Portal indicates your acceptance of these Terms and Conditions.
You must apply to register an account and agree to these Terms and Conditions in order to use the Consumer Portal. Registration is free but non-transferable.
In submitting a registration application, you warrant that you are the occupier of the property nominated in your registration details in respect of which you are requesting access to energy consumption data. You also represent that all information provided by you is accurate, current and complete and that you have the right to provide such information to us.
Before you apply to register, please be aware that:
(a) by registering you agree to provide us with information we may require from you in order to supply you with goods and/or services under these Terms and Conditions;
(b) the information we collect from you may include “personal information” within the meaning of the Privacy Act 1988 (Cth);
(d) we may not be able to provide the goods and/or services and may suspend, terminate or limit your account if you withdraw your consent in relation to our collection, use, handling or storage of your personal information.
We may also suspend, terminate or limit your account if you move to a different property address or change energy retailers.
You acknowledge that any local government, telecommunication, internet, water, electricity or gas utilities, or cost you incur from relevant authorities or third parties in relation to the Consumer Portal or otherwise will be your responsibility.
You must only use the Consumer Portal for lawful purposes and ensure that any person you have expressly or implicitly authorised to use the Consumer Portal (including without limitation household members and employees) observes these Terms and Conditions.
You must not use or misuse the Consumer Portal:
- in any manner not permitted by these Terms and Conditions;
- for any unauthorised commercial purpose;
- to breach any law or regulation;
- to infringe another person’s rights or expose us to liability or do anything which could bring us into disrepute;
- in any way which may damage another person’s property or endanger, injure or kill any person
- in any way which would introduce any virus, worms or other malicious computer programming codes able to damage the Consumer Portal;
- to attempt to decipher, decompile, disassemble, or reverse-engineer any of the software and/or hardware comprising or in any way making up part of the Consumer Portal;
- in any way which would transmit, alter, damage, decipher, decompile, disassemble or otherwise tamper with any energy data and/or any energy-related communication system;
- to collect, or attempt to collect any personal information of other users; or
- encourage or instruct any other persons to do any of the foregoing or to otherwise violate these Terms and Conditions.
You acknowledge that any personal information provided by you is freely given by you and with your consent.
You acknowledge that we may obtain personal information about your energy usage patterns as part of providing the Consumer Portal and other goods and/or services to you.
(a) the use of your personal information to verify your identity for lawful purposes;
(b) the provision of your personal information to your energy retailer for lawful purposes;
(c) the use of your personal information in an aggregated and de-identified form for research and analysis purposes; and
(d) us contacting you via the Consumer Portal, relevant applications, email, sms text message and/or other mediums from time to time for administrative purposes, such as password resets, marketing purposes, and other notifications, such as tips on Consumer Portal use, outage notifications and energy use notifications.
Use of the Consumer Portal
You acknowledge that all data delivered through the Consumer Portal is indicative only. The Consumer Portal is a tool to help you keep track of your energy use but should not be relied on as completely accurate.
You acknowledge that there are risks associated with the Consumer Portal and you knowingly and freely assume all such risks.
No Guarantee of Performance
You acknowledge that we do not guarantee that the Consumer Portal is error free.
Third Party Websites
Where the Consumer Portal contains links to websites maintained by other organisations, those references to other sites are provided as an information service only and should not necessarily be construed as an endorsement or approval.
Although every care is taken to provide links to suitable material from the Consumer Portal, we do not guarantee the quality, suitability, completeness or accuracy of any of the material that the Consumer Portal may be linked to. Consequently, we can accept no responsibility for the content of that material including any unsuitable or inaccurate material that may be encountered. We are not responsible for the accuracy or legitimacy of information on linked sites and do not guarantee that any of the sites listed will be available at any particular time.
We expressly reserve all rights in relation to our ownership of all copyright and other intellectual property in, and to all documents, drawings, maps, characters, images, photographs, artwork, blueprints, licence’s, calculations, information and instructions prepared in connection with the Consumer Portal. You agree that all intellectual property created, in relation to or in connection to the Consumer Portal will vest upon creation to us and to the extent it does not do so, you assign all such intellectual property to us and will enter all documents necessary to give effect to the assignment.
Apart from any fair dealing permitted under the Copyright Act 1968, you must not use, re-use, reproduce, communicate to the public, modify, adapt or commercialise any part of the Consumer Portal without our express written permission. Particular parts of the Consumer Portal may provide additional restrictions or permissions in relation to the use of material on that part of the Consumer Portal.
We do not represent or warrant that this website and any other information or material contained in, downloaded or accessible from the Consumer Portal, is free from computer viruses or any other defect or error which may affect your software or systems. You should protect your software and systems by installing and implementing your own security and system checks.
Limitation of Liability
Subject to any terms implied by law and which cannot be excluded, we accept no responsibility or liability for any loss, damage, cost or expense, whether direct or indirect (including but not limited to legal costs and defence of or settlement of claims or consequential loss or damage) howsoever caused, whether by negligence or otherwise, which may be suffered or which may arise from or in connection with your use or misuse of the Consumer Portal or your reliance upon any information, services and/or materials contained in it and you release us from all such claims.
You indemnify us and hold us harmless against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from any breach by you of these Terms and Conditions, your access and/or use of the Consumer Portal or reliance on its contents or information.
Withdrawal and Suspension of Access
We may withdraw completely, or suspend for a period of time, the Consumer Portal, or access to it for any reason including, without limitation, where there is an interruption, fault, virus, unauthorised access or other malicious attack on our system or where maintenance or upgrading of the system is required.
Termination of Use
If, in our reasonable opinion, you breach any of these Terms and Conditions, we may suspend, terminate or limit your access to the Consumer Portal (at our discretion). If we do not act in relation to a breach by you of these Terms and Conditions, this does not waive our right to act with respect to subsequent or similar breaches.
You may terminate your account by notifying us within 10 Business Days of your intention to terminate.
These Terms and Conditions are governed by the laws in force in Victoria. Each party submits to the exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia and any courts that may hear appeals from those courts about any proceedings in connection with these Terms and Conditions.
AusNet Electricity Services Pty Ltd (ABN 91 064 651 118) ("AusNet Services") is committed to protecting the privacy of your personal information consistent with the principles set out in relevant legislation, including the Privacy Act 1988 (Cth) and the Privacy and Data Protection Act 2014. Personal information in this context means information or an opinion (including information or an opinion forming part of a database), in any form and 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.