TERMS AND CONDITIONS OF USE OF OUR WEBSITE AND SERVICES
PLEASE READ CAREFULLY.
THESE TERMS AND CONDITIONS (“T&C
”s) WILL FORM A BINDING AGREEMENT BETWEEN YOU AND US IN RELATION TO THE USE OF OUR WEBSITE AND ANY OTHER INTERNET CHANNELS SUCH AS TWITTER, FACEBOOK OR BLOGS (COLLECTIVELY REFERRED TO AS “SITES
”) AND OUR ASSOCIATED SERVICES. THESE T&Cs COVER IMPORTANT MATTERS, INCLUDING THE SCOPE OF OUR SERVICES (cl.2), YOUR REPRESENTATIONS, LIABILITY AND INDEMNITY (cl.4 and cl.5), OUR DISCLAIMERS AND LIMITATION OF LIABILITY (cl.7 and cl.8) AND OTHER IMPORTANT TERMS.
By using our Sites or our services, you, and any other user through you, are deemed to have represented that you are over the age of 18 years and otherwise have full legal capacity to enter contracts and that you expressly agree to and consent to be bound by these terms and conditions.
You and Us
These T&Cs form the agreement between Uchoose Holdings Pty Ltd
(ABN 152 968 397) (referred to as “us”, “we”, “our” or
and each person who uses our Sites or Services (referred to as “Customer”, “you”
You and the Energy Provider
In selecting to have your electricity and/or gas supplied through our Services with a retail electricity and/or gas provider (referred to as “Energy Provider
”), you will enter into separate and additional terms and conditions with such Energy Provider (“Third Party Supply Agreement
”). Such additional terms and conditions are strictly between you and the Energy Provider only, and not between you and us. We have no rights, obligations or power in relation to such Third Party Supply Agreement. We highly recommend that you read and understand the Third Party Supply Agreement within the provided cooling off period notified to you by the Energy Provider.
2. OUR SERVICES
2.1 Scope of Service
The services we provide (referred to as “Services
- electricity and gas retail price and terms comparisons;
- selecting and presenting a short-list of preferred offers service options based on input information provided by users/customers;
- co-ordination and intermediary services;
- call centre and on-line help services relating to energy comparisons and selections;
- providing information and enabling socially responsible industry discussion on our social media platforms and sites;
- related ancillary services.
Unless otherwise stated, our Services are only available within those specified states of New South Wales, Victoria, Queensland and South Australia. Our Sites are only intended for access by people residing in or requiring electricity or gas service at premises located in those available States.
2.2 Reliance on information provided by you and others
In providing our Services, we rely on product pricing and service information provided to us by the various Energy Providers. Although we will use our reasonable efforts to verify information and offers provided to us, we are not responsible for any errors or changes in such information provided by the Energy Providers. Accordingly we make no representation or warranty as to the accuracy, availability or otherwise of any Energy Provider service, offer or product presented by us.
We also rely on the input data you provide and, again, we are not responsible for any error or changes in such information provided by you. Nor are we responsible for presenting options that do not turn out to match your actual needs if they differ or change from the information provided to us.
2.3 Contract formation
Our Services involves sorting and presenting various electricity or gas service options to you based on the data you provide to us. In choosing a particular option, you are requesting that we transmit your choice or offer to the selected Energy Provider. This is an offer that the Energy Provider may accept or reject. The Energy Provider may elect not to proceed to an agreement for any reason. There is no agreement for the supply of electricity or gas until you have entered into the Third Party Supply Agreement between you and the nominated Energy Provider.
There is no fee to use our Services. (Note, payment terms for your electricity and gas use are governed by the Third Party Supply Agreement between you and the Energy Provider.)
We receive a fee from the Energy Provider for signing up customers.
You may cease to use our Service at any time. You may cancel your choice of Energy Provider service at any time prior to being notified of acceptance of your offer by the Energy Provider.
If you have entered into a Third Party Supply Agreement, you may cancel your chosen service and Energy Provider within the cooling off period (generally 10 days) of being notified of acceptance of your selection. You may either contact us or the Energy Provider directly within this period.
You will need to refer to the Third Party Agreement in relation to cancelling your electricity or gas service outside of the cooling off period.
3.1 Registration Details.
In order to utilize our Services and secure your chosen Energy Provider via our Website you will need to become a registered user by accurately and honestly providing your Registration Details, including information about your energy needs, in the manner requested on our Website. In doing so, we will be able to better facilitate your ease of use of our Services.
(b) In making subsequent visits to our Website or contact centre, you can log-on using information provided as part of your initial registration.
(c) You represent that the information provided is accurate and correct. It is your responsibility to update your information or make changes when your information needs to change.
You are granted a limited, non-exclusive, worldwide, non-transferable and revocable licence to access and use our Sites for the sole purpose of learning about our Services, searching and choosing an Energy Provider. Any other use of our Sites or Services is deemed unauthorised use and we reserve our legal rights.
4. YOUR RERESENTATIONS AND WARRANTIES; YOUR LIABILITY AND INDEMNITY
4.1 Your Representations and Warranties.
You represent, warrant and undertake that:
(a) you agree to abide by and be bound by these Terms and Conditions, and the Third Party Supply Agreement and relevant law;
(b) you will not impersonate any other person or provide false or dishonest information;
(c) unless you have our prior written consent, you will only use our Sites and Service for their intended use and purpose and for no other purpose;
(d) you will be responsible for all aspects of any comments or content you send, post or contributed to or through our Sites and agree that we may refuse to post or remove any such post or contribution at our sole discretion and without notice to you;
(e) you will ensure that your registration details and any content is up to date, accurate and not misleading or likely to mislead;
(f) you warrant that your comments or content do not infringe the intellectual property rights, confidentiality or privacy rights of any person or entity;
(g) you agree that we do not accept any liability for the accuracy or content of any comment or material submitted or posted by other users. We are not liable for any loss resulting from any action taken or reliance made by you on any information or content posted by another user;
(h) you will not post any content which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
(i) you will not attempt to undermine the security or integrity of our Sites or networks or, where they are hosted by a third party, that third party’s computing systems and networks;
(j) you will not attempt to gain unauthorised access to any content other than that to which you have been given express permission to access;
(k) you will not post or transmit any content which is offensive, defamatory, obscene, unlawful, vulgar, harmful, threatening, abusive, harassing or ethnically objectionable or discriminatory;
(l) you will not copy, adapt, modify, reproduce, disassemble, decompile or reverse engineer any software coding used to deliver our Sites or Services or make any commercial use of any part of our Sites or Services or our Intellectual Property, unless you have our prior written agreement to do so;
(m) you will not link, or allow to be linked, directly or indirectly to our Sites or include descriptions of our Sites or our Services in any publication that would result in a violation of law and/or any of these Terms and Conditions, or would be likely to harm our goodwill and reputation, or otherwise done without our prior written consent.
4.2 Breach of your Obligations.
Any breach or violation of your representations, warranties or other term or condition contained in these T&Cs may, at our sole discretion and without limiting our legal rights against you, result in:
(a) your account being suspended or terminated;
(b) any future use of our Sites or Services being suspended, terminated or refused;
(c) us seeking damages, costs and other compensation from you and otherwise fully enforcing your indemnity;
(d) us enforcing our rights and protecting our interests by criminal and/or civil action against you and any person or entity related to you;
(e) any comment or content or other matter posted or added to our Sites being removed without notice to you.
4.3 Your Liability.
Without limiting any other right or remedy, you will be liable to us or to any third party for any resulting loss, cost, expenses (including legal costs on a solicitor-own client basis) and damages caused, directly or indirectly, by your use of our Sites or our Services.
5. RELEASE AND INDEMNITY
IN THE EVENT THAT YOU HAVE A DISPUTE OR CLAIM WITH AN ENERGY PROVIDER OR OTHER USER OF OUR SITES, YOU HEREBY AGREE TO RELEASE AND DISCHARGE US
AND OUR, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES (COLLECTIVELY “OUR GROUP”) FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE OR CLAIM.
YOU AGREE TO INDEMNIFY AND SHALL KEEP INDEMNIFIED US AND MEMBERS OF OUR GROUP AGAINST ANY COST, LOSS, LIABILITY OR DAMAGE ARISING (WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE) DIRECTLY OR INDIRECTLY, AS A RESULT OF OR IN CONNECTION WITH THE USE OF OUR SERVICES OR SITES, YOUR REGISTRATION DETAILS, BREACH OF THESE T&C, USE OR NON-USE OF ANY ENERGY SERVICE SELECTED OR ANY ACTIONS OR OMISSIONS BY YOU OR ANY OF YOUR INVITEES OR TRANSFEREES OR OTHER PERSON CLAIMING THROUGH YOU.
6. OUR REPRESENTATIONS AND WARRANTIES.
We represent and warrant to you that:
(a) we will exercise reasonable skill and care in providing the Services;
(b) our Services, including our unique search application, will perform substantially in the manner described on our Sites and in these T&Cs;
(c) we will use reasonable commercial efforts to ensure continuity of our Sites and Service; however we cannot guarantee this as our Sites or our Services may be unavailable from time to time for routine or emergency maintenance and repair purposes or other reason outside our reasonable control;
(e) we will comply with our obligations under these T&Cs.
7. DISCLAIMER OF WARRANTY
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS AND TO THE EXTENT PERMITTED BY LAW, WE PROVIDE NO FURTHER WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER USER, INVITEE, TRANSFEREE OR OTHER PERSON CLAIMING THROUGH YOU. OTHER THAN AS EXPRESSLY STATED HEREIN, OUR SITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR OTHERWISE. USE OF OUR SITES AND SERVICES IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT OUR SITES OR SERVICES WILL BE UNINTERRUPTED, ERROR OR VIRUS FREE, OR THAT ANY SERVICE WILL MEET ANY OF YOUR PARTICULAR REQUIREMENTS OR EXPECTATIONS. NOR DO WE MAKE ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF SUCH PURPOSE IS MADE KNOWN TO US), IN RELATION TO OUR SITES OR SERVICES.
No additional information or advice sought from us or any of our representatives or affiliates shall operate to vary this disclaimer or create any type of warranty or condition not expressly stated herein.
Without limiting the foregoing:
(a) Disclaimer as to fitness for purpose – Your Choice. Whilst we use our best endeavours to provide you the most accurate service and unbiased support and advice, you are solely responsible for your choice of your chosen Energy Provider and type of energy service. You must review the energy service description, features, availability, and other terms and conditions. You are solely responsible for making your own reasonable enquiries to verify information that is advertised on our Sites about particular services and Energy Providers, and assessing the suitability of any goods and services for you and your purposes.
(b) Disclaimer as to description or condition. You acknowledge that we provide the Services only. We do not provide any electricity or gas service and the description, price, terms or special conditions for each such service presented through us are provided to us from the various Energy Providers. The Energy Provider is responsible for providing us with an accurate description of all service types, keeping that description updated and ensuring that the goods or services are as described. We are not liable for any loss or damage arising from the electricity or gas service not being as described, or for any loss or damage or other incident involving the selected electricity or gas service or for any act or omission on the part of an Energy Provider that causes, directly or indirectly, loss, accident or injury to you, your invitees or assignees.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL OUR GROUP BE LIABLE TO YOU, OR ANY OTHER PERSON CLAIMING THROUGH YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSS.
SUBJECT TO ANY APPLICABLE STATUTORY GUARANTEES PROVIDED UNDER THE AUSTRLIAN CONSUMER LAW AND OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR GROUP IS NOT LIABLE FOR ANY MATTER ARISING FROM OR RELATING TO (A) THESE TERMS AND CONDITIONS, INCLUDING ANY BREACH THEREOF (B) OUR SERVICES, (C) ANY ENERGY PROVIDER OR RELATED SERVICE AND/OR (D) OUR SITES OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE OUR SITES OR SERVICE AT ANY PARTICULAR TIME. THESE LIMITATIONS AND EXCLUSIONS APPLY REGARDLESS OF WHETHER ANY SUCH CLAIM, DEMAND, DAMAGE OR LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, STATUTE, CUSTOM OR OTHERWISE.
Without limiting the generality of the above and for illustrative purposes only, we are not liable for any loss, damage or the like suffered or sustained directly or indirectly in connection with: (a) any inaccurate or incorrect information provided on our Sites or through our call centre, (b) any selected electricity or gas product or service, (c) any act or omission by an Energy Provider (whether negligent or not), (d) any performance or non-performance by any Energy Provider, (e) any failure or interference with or damage to your computer systems which occurs in connection with the use of our Sites or Services, (f) the cost of procuring replacement goods or services, (g) any unauthorised access to or alternation of your Registration Details, or (h) any third party statement or conduct on our Sites.
To the extent that the we or Our Group does have some liability to you, any user, or any party claiming through you, at law, then our liability is expressly limited, at our option, to (a) supplying our Services again, (b) refunding part or all of any payments made in relation to any service or good from which the liability arises, or (c) paying, supplying or otherwise procuring the substitute goods or services of the same or better quality as the goods or services subject to the claim or liability.
9. Dispute Resolution process
(a) Between Us.
If you have a dispute or complaint about our Sites or Service, then you should contact us. We will use our best efforts to promptly resolve that dispute or complaint in a mutually satisfactory manner directly between us. Click here to Contact us.
If we are unable to resolve the dispute between us then you may request that we seek to resolve the dispute by mediation. The mediation will be in Brisbane Australia by one mediator appointed by agreement between us (or failing which, by the President of the Queensland Law Society). Unless directed by the mediator, we will each bare our own costs of the mediation and share the cost of the mediator.
(b) With your Energy Provider.
If you have a dispute or complaint about your chosen Energy Provider or service they provide, then you must handle such a dispute or complaint in accordance with the dispute resolution process agreed to with that Energy Provider (refer to the Third Party Supply Agreement). Please contact us however if we are able to provide you with information or assistance that may help you resolve such dispute or complaint.
Further we appreciate receiving any feedback you may like to provide us on an Energy Provider (good and bad) and we will endeavour to pass on that feedback to the Energy Provider.
10. INTELLECTUAL PROPERTY
(a) For the purpose of this provision, “Intellectual Property Rights
” means all intellectual property rights, including all copyright, patents, trade marks, logos, design rights, photographs, images, Sites content, trade secrets, domain names, know how and rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
(b) We reserve the right to all our Intellectual Property Rights owned by us at the time these T&Cs commenced, developed within the term of these T&Cs and obtained in the course of providing our Service.
(c) We reserve the right to replicate, duplicate, advertise or promote our Sites, Services and business, including any comments or posting made by you.
(d) Intellectual Property Rights of Energy Provider and other third parties used on our Sites or other communications with you are used with the permission and remain the property of such third parties.
(e) Nothing in these T&Cs provides you with the right to use or replicate any Intellectual Property Rights belonging to us or to such third parties.
11. THIRD PARTY SITES AND USE OUTSIDE AUSTRALIA
(a) Our Sites provides links to other third party websites. Such links are provided for your convenience only. We do not provide any warranty, representation or endorsement regarding the accuracy, completeness or content of such websites, or the reliability, quality or effectiveness of any products or services provided through such websites. We accept no liability for third party websites or for links provided to such websites. A link to an external site does not imply an endorsement of the views, information or products provided or held by such websites.
(b) We do not represent or warrant that the content of our Sites or our Services are appropriate, available or compliant for use and access outside those states of Australia specified in section 2.1 above. If our Sites and Services are accessed outside of Australia, then the user is fully responsible for compliance (including any consequences of non-compliance) with any applicable foreign and local laws applicable to the place of access of such user.
12. CHANGES AND VERSIONS
At any time in our sole discretion we may modify, change, suspend or discontinue any aspect of our Sites or Services including the availability of any Sites features, database, or content, where we have legal, commercial or technical reasons to do so. We may also impose limits on certain features or services or restrict your access to parts or all of our Sites or Services without notice to you.
This version of these T&Cs is effective on the date specified at the end under “Version Date”. We reserve the right, in our sole discretion, to modify, add to or delete in whole or in part any provision of these T&Cs without your consent. Notification of any amendment will be posted on our Sites and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these T&Cs, then your sole remedy is to discontinue your use of our Sites and not use our Services in the future.
The version of these T&Cs applicable to your use of our Service is that version current at the time you use our Service, including requesting comparison information. We may not separately file prior versions of these T&Cs. Accordingly we recommend that you make a copy of these T&Cs applicable at the time of use for your records by printing and/or saving a downloaded copy of them.
. If any provision of these T&Cs is invalid
or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
(b) Entire Agreement
(c) No Waiver
. If we waive any rights available to us on one or more occasion, this does not mean that those rights will automatically be waived on any other occasion.
. We may assign these T&Cs at our sole discretion, but in a way so as not to reduce our obligations to you herein.
(e) Governing Law
. This agreement is governed by the laws of Queensland Australia and each party submits to the jurisdiction of the courts of Queensland.
Version Date: October 2012