Thank you for agreeing to take part in EnergyAustralia's Brighter Council. EnergyAustralia uses the EnergyAustralia Brighter Council to help us develop and test new products and services.
As an EnergyAustralia Brighter Council participant, you agree to bound by these Rules, which govern your participation in the EnergyAustralia Brighter Council that is managed by EnergyAustralia ("we", "us" or "our"). If you are selected to participate in a Product Trial as part of your participation in the EnergyAustralia Brighter Council program, you will be asked to sign a separate agreement to govern the terms of the specific Product Trial.
If you have any questions about these Rules or the EnergyAustralia Brighter Council – please contact the EnergyAustralia Brighter Council program Manager, at email@example.com.
Please refer to clause 8for a glossary of defined terms used in these Rules.
1. RULES ABOUT BEING AN ENERGYAUSTRALIA BRIGHTER COUNCIL PARTICIPANT
During your participation in the Brighter Council, you agree:
(a) that you will complete your registration details and complete the Brighter Council registration questionnaire;
(b) to being contacted about the Brighter Council, including:
(i) providing feedback on your experiences with the Brighter Council (which may be via telephone interviews and by completing surveys); and
(ii) being offered the opportunity to participate in Product Trial(s), subject to you entering into a separate agreement to govern that Product Trial; and
(c) to keep us updated on any changes to your contact details, including a change to your telephone number, email address or address;
(d) that we do not guarantee any benefits will arise for you in connection with your participation in the Brighter Council or from the installation of any Products at the Property; and
(e) to us collecting Data in connection with the Brighter Council and any Product Trials in accordance with clause 2of these Rules.
(a) You consent to us:
(i) collecting, storing and managing any data, metadata, information, compilation, list containing aggregated data or other information that we collect, store, create or process, or that is otherwise provided by you to us in connection with the Brighter Council ("Data");
(ii) using the Data to undertake data analytics for EnergyAustralia's internal business purposes; and
(iii) disclosing the Data within EnergyAustralia’s group of companies and to other service providers, including credit reporting bureaus, to the extent required to undertake these activities. Some of those companies and service providers may be located overseas. EnergyAustralia will otherwise keep the Data confidential.
(b) All Data remains the property of EnergyAustralia. All right, title and interest in any Data will automatically vest in EnergyAustralia immediately on its creation.
(a) You acknowledge and agree that:
(i) you will be in receipt of certain non-public information (including relating to the Pilot Program and the Products) that relates to EnergyAustralia's business, assets or affairs, including the existence, status and nature of the Brighter Council and information relating to Products ("Confidential Information");
(ii) the Confidential Information is secret, confidential and valuable to EnergyAustralia; and
(iii) you agree to keep the Confidential Information confidential during and for a period of two years after your participation in the Brighter Council has ended and must not disclose it or make it available (directly or indirectly) to any person, other than in accordance with these Rules.
4. OUR LIABILITY
To the extent permitted by law, you agree that we will not be liable to you for any Loss, harm, damage, cost or expense arising out of or in connection with these Rules or the Brighter Council.
5. WHEN AND HOW CAN YOUR PARTICIPATION IN THE BRIGHTER COUNCIL PROGRAM BE ENDED?
(a) Your participation in the Brighter Council will expire if:
(i) EnergyAustralia elects (at its sole discretion) to terminate your participation in the Brighter Council; or
(ii) you do not consent to the Data Collection under clause 2; or
(iii) you elect to end your participation in the Brighter Council by giving EnergyAustralia written notice, subject to the terms of any contract you enter into relating to a Product Trial.
6. YOUR PRIVACY
(b) This may include using your Personal Information in order to sell, deliver and market energy or other products to you, and for customer analysis purposes. We may also provide you with information on other products and services available to our customers.
(c) Personal Information is shared within our group of companies and disclosed to other service providers, including credit reporting bureaus, to the extent required to undertake these activities. Some of those companies and service providers may be located overseas.
These Rules are governed by the laws of the state or territory in which your Property is located and you agree to submit to the non-exclusive jurisdiction of the courts in that state or territory.
In these Rules, capitalised terms have the following meanings:
- "Brighter Council" means the program under which the installation and operation of the Products is being trialled by EnergyAustralia.
- "Confidential Information" has the meaning given to that term in clause 3(b)(i).
- "Data" has the meaning given to that term in clause 2.
- "EnergyAustralia" means EnergyAustralia Pty Ltd ABN 99 086 014 968 or its authorised representatives.
- "Loss" means any damages, losses, claims, causes of action, demands, liability, expenses and costs including any direct or indirect loss of profit, revenue or goodwill and any other indirect, consequential, economic and other special losses or damages.
- "Personal Information" has the meaning as defined in the Privacy Act 1988 (Cth).
- “Product” means a product or service that EnergyAustralia may offer to you to trial in accordance with these Rules and a separate agreement to govern the trial of that product of service.
- "Product Trial" means the trial of a Product by you as part of the Pilot Program.
- "Property" means the property that you have notified to EnergyAustralia as the location for Product Trials to occur.