We provide you with the opportunity to establish a profile to use the EnergyAustralia app (App). Use of the App is subject to the terms and conditions between you and EnergyAustralia ABN 99 086 014 968 (hereinafter ‘We’, ‘Us’ or ‘EA’) set out below. You must only use this service if you are over 18 and you have the legal capacity to contract in Australia. By establishing a profile to use the App, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions you must cease your use of this service and the App. You will only have access to gas and electricity accounts for which you are financially responsible or where the financially responsible person has given you authorisation. If you are accessing the App on behalf of an organisation, you warrant that you are currently authorised by that organisation to access those accounts.
2. Your password
In order to access your profile on the App, you require a login and password. You are solely responsible for the confidentiality and use of your password, as well as for any communications entered into or payments made through this service using your profile. Unauthorised use and allocation of your login and password may lead to termination or suspension of your profile and your access to the App. You must notify us immediately if you become aware that your login and password have been compromised, or if there has been any unauthorised access to your profile or the App.
We grant you a personal, non-exclusive, non-transferable licence to use the App for your own internal, personal use in accordance with these terms and conditions.
You must not:
- use the App in any way that could damage the reputation of EA;
- reproduce, make error corrections to or otherwise modify or adapt the App;
- except to the extent permitted by law, decompile, disassemble or otherwise reverse engineer the App, or permit any third party to do so;
- modify or remove any copyright or proprietary notices on the App.
The App contains information about your electricity usage. We use reasonable efforts to ensure that this information is current, complete and accurate, but we cannot guarantee that it is correct, complete and current, and to the maximum extent permitted by law, all warranties and liabilities in relation to the usage information are excluded. This usage information is reliant on data provided to us by third parties and is an estimate only. You should make your own assessment in relation to the usage information, or seek professional advice. You acknowledge and agree that your actual electricity bill may vary from the information provided in the App, and in the event of inconsistency your bill will prevail.
If you require any help or support in relation to the App you should contact us at 133 466.
6. Terminating or suspending your profile
We reserve the right to terminate or suspend your profile and access to the App where:
- you have not used your profile for over 12 months
- you fail to comply with these terms and conditions
- we suspect or have evidence that your access to the App is being used to compromise the security of any of EA’s IT systems
- we suspect or have evidence that there has been unauthorised access to your profile.
We will notify you if we suspend or terminate your profile. Termination of your profile will only affect your access to the App. It will not affect your electricity and/or gas account or the supply of electricity and/or gas to your premises. These terms remain in force until we or you terminate your profile. You may terminate your profile at any time.
7. Terminating, suspending or altering the App and these terms and conditions
We reserve the right to terminate, suspend or alter this service and these terms at any time. If we alter these terms and conditions we will publish the new version on the App. Where we terminate or suspend this service, or seek to alter it in a way that will have a material detrimental impact on you, we will endeavour to provide you with prior notice. You retain the right to terminate your profile at any time.
We will use reasonable endeavours to ensure that the App is secure. However, it is possible for any electronic data transfer to be intercepted by others. By using this service, you understand that your information may be read or intercepted by others. We do not accept liability for the interception or hacking of data by unauthorised third parties.
Any payment made through the App will be subject to the terms and conditions of your EnergyAustralia Retail Contract.
10. Intellectual Property
Any information, copyright, patents, trade marks, design rights, trade secrets and other intellectual property rights (Intellectual Property Rights) provided to you through this service are solely for your personal and/or internal business needs. All Intellectual Property Rights are owned by EA, its related bodies corporate and/or its service providers. You may not reproduce, adapt, modify, communicate to the public, or otherwise use the App or any Intellectual Property Rights in the App for commercial purposes without our prior written consent.
All express or implied warranties, representations, statements, terms and conditions relating to these terms and conditions, or its subject matter, not contained in these terms and conditions are excluded to the maximum extent permitted by law.
You acknowledge and agree that:
- we do not warrant or represent that the App is complete, accurate, current, secure or free from errors or omission, programming bugs or viruses;
- the availability of the App may be subject to numerous factors, including routine maintenance and factors outside our control (such as malfunction in equipment or software, internet access difficulties, delay or failure of transmission or a failure of a third party service provider), and we make no warranty in relation to availability.
Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty, right or remedy imposed by law which cannot lawfully be excluded, restricted or modified.
If any condition or warranty is implied into these terms and conditions under the Competition and Consumer Act 2010 (Cth) (ACL) cannot be excluded, and we are able to limit your remedy under the ACL for a breach of such condition or warranty, then our liability is limited to one or more of the following at our option:
- in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of having the goods repaired; or
- in the case of services, the supply of the services again, or the payment of the cost of having the services supplied again.
Except as expressly provided by law, we are not liable for any loss of any kind resulting from:
- your use of or inability to use the App;
- your use of or reliance on any material or information accessed through the App. You acknowledge and agree that you must rely on your own assessment or seek independent advice in relation to any material;
- any data or information that you enter into the App;
- unauthorised access to your profile, or communications made to or from your profile;
- statements or conduct of any third party; or
- any other matter relating to your profile or use of the App.
We will not be liable to you or any third party for any special, incidental, indirect or consequential loss of any kind, or for damages relating to loss of profits, opportunity, revenue, goodwill, or loss or corruption of data, whether or not such damages were foreseeable and whether or not we had been advised of the possibility of such damages.
If anything in these terms and conditions is unenforceable, illegal or void then it is severed and the rest of these terms and conditions remain in force, unless the severance would change the underlying principal commercial purpose or effect.
This agreement is governed by the laws of Victoria, Australia. By using this service, you submit to the exclusive jurisdiction of the courts in Victoria.