TERMS AND CONDITIONS OF USE
PERMISSION TO USE THE SMART METER DATA REQUEST APPLICATION IS CONDITIONAL UPON YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.
YOU MAY ACCEPT THESE TERMS AND CONDITIONS BY CLICKING THE "I ACCEPT" BOX. BY CLICKING THE “I ACCEPT BOX”, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN RELATION TO YOUR USE OF SMART METER DATA REQUEST APPLICATION 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.
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 Smart Meter Data Request Application is an online application provided by us that allows you to request your energy consumption information. Without implying any licence to do so, if you pass on any information obtained from your smart meter data request 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 information obtained from your smart meter data request will not guarantee lower utility bills.
Acceptance and Changes to Terms and Conditions
You acknowledge and accept that your use of the Smart Meter Data Request Application indicates your acceptance of these Terms and Conditions.
We may from time to time vary the Terms and Conditions by publishing variations on the Smart Meter Data Request Application. By continuing to use the Smart Meter Data Request Application or the services provided through it after the Terms and Conditions have been varied, you agree to be bound by the varied Terms and Conditions.
Requesting Smart Meter Data
You must agree to these Terms and Conditions in order to use the Smart Meter Data Request Application.
In submitting a smart meter data request via the Smart Meter Data Request 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.
By submitting your smart meter data request, you acknowledge and agree to the following:
- (a) to provide us with information we may require from you in order to supply you with the information requested;
- (b) the information we collect from you may include “personal information” within the meaning of the Privacy Act 1988 (Cth);
- (d) you will submit, or you consent that the information provided by the Smart Meter Data Request Application will be submitted, to the Department of Environment, Land, Water and Planning (“DELWP”) for purposes of you comparing energy prices on the Victorian Government’s Energy Comparison website (“Website”), and for DELWP to verify your details and identity; and
- (d) we may not be able to provide the information requested if your personal information cannot be authenticated by us under our records or 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 Smart Meter Data Request Application or otherwise will be your responsibility.
You must only use the Smart Meter Data Request Application for lawful purposes and ensure that any person you have expressly or implicitly authorised to use the information obtain through the Smart Meter Data Request Application (including without limitation household members and employees) observes these Terms and Conditions.
You must not use or misuse the Smart Meter Data Request Application:
- 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 Smart Meter Data Request Application;
- 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 Smart Meter Data Request Application;
- 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 Smart Meter Data Request Application 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 Smart Meter Data Request Application, 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 Smart Meter Data Request Application use, outage notifications and energy use notifications.
Use of the Smart Meter Data Request Application
You acknowledge that all data delivered through the Smart Meter Data Request Application is obtained from your smart meter. The Smart Meter Data Request Application is a tool to help you obtain your energy data for use on the Website, allowing you to compare energy prices from retailers.
You acknowledge that there are risks associated with the Smart Meter Data Request Application and you knowingly and freely assume all such risks.
No Guarantee of Performance
You acknowledge that we do not guarantee that the Smart Meter Data Request Application and the information provided by it is error free.
Third Party Websites
Where the Smart Meter Data Request Application 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 Smart Meter Data Request Application, we do not guarantee the quality, suitability, completeness or accuracy of any of the material that the Smart Meter Data Request Application 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 Smart Meter Data Request Application. You agree that all intellectual property created, in relation to or in connection to the Smart Meter Data Request Application 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 Smart Meter Data Request Application without our express written permission. Particular parts of the Smart Meter Data Request Application may provide additional restrictions or permissions in relation to the use of material on that part of the Smart Meter Data Request Application.
We do not represent or warrant that this website and any other information or material contained in, downloaded or accessible from the Smart Meter Data Request Application, 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 Smart Meter Data Request Application 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 Smart Meter Data Request Application or reliance on its contents or information.
Withdrawal and Suspension of Access
We may withdraw completely, or suspend for a period of time, the Smart Meter Data Request Application, 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 Smart Meter Data Request Application (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.
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.