MY ACCOUNT. Terms of use. New South Wales South Australia Queensland Victoria

Transcription

1 MY ACCOUNT Terms of use New South Wales South Australia Queensland Victoria Effective August 2014

2 2 Origin Energy 3 Introduction These terms and conditions of use (Terms of Use) apply to the Origin My Account service (Origin My Account), incorporating subject to eligibility the Energy Manager Tool (Origin Smart Solution). Origin My Account is provided by Origin Energy Retail Limited ABN of 321 Exhibition Street, Melbourne, Victoria 3000 (us, we or our) on behalf of the entity or entities supplying electricity and/ or gas to you. Origin Smart is provided by us on behalf of Origin Energy Electricity Limited (ABN ) of 321 Exhibition Street, Melbourne, Victoria 3000 (Origin Energy Electricity). We may from time to time review and update these Terms of Use, and any amendments made to these Terms of Use will be effective 7 days after publishing the amended Terms of Use on our website (Website). Your use of Origin My Account will be governed by the most recent Terms of Use and it is your responsibility to check the Website regularly for updated versions of the Terms of Use. Your continued use of Origin My Account represents your agreement to be bound by the most recent Terms of Use. If you have previously used or registered for Origin Smart, these Terms of Use supersede the Origin Smart Terms of Use. By using Origin My Account, you agree with these Terms of Use, and you warrant that you have the necessary capacity to enter into a binding legal contract. These Terms of Use govern your right to use and access Origin My Account and set out how we will handle your personal information and how we will communicate with you relevant to Origin My Account. You are also consenting to receive recommendations and offerings including marketing material relevant to the Origin My Account although you can manage how you receive this information. These Terms of Use will start and continue until terminated (Term). If you do not accept the Terms of Use in their entirety, you cannot use Origin My Account. If you have any questions or problems during the course of using Origin My Account, please contact us at onlineservicequery@originenergy.com.au.

3 4 Origin Energy 5 Terms of Use 1. Eligibility 1.1 Access to Origin My Account is subject to you meeting and maintaining certain eligibility requirements. These eligibility requirements may change over time. 1.2 Origin My Account is exclusively available to Origin customers. If you are an Origin customer and you no longer meet the requirements to participate in any part of Origin My Account, we will notify you by provided that you have not opted out of receiving s from Origin. By agreeing to these Terms of Use you warrant that you are the applicable Origin Energy account holder and that you have the consent and any necessary permissions of the other individual house holders relevant to that account to participate in Origin My Account. 2. Your Origin Bills 2.1 In the unlikely event of any discrepancy between a bill issued to you and a bill accessed through Origin My Account, the former will prevail. 3. Online transactions 3.1 Origin My Account may be used to complete certain transactions such as bill payments and changes of personal details. It is your responsibility to ensure that all data entered by you is accurate and that any transaction initiated through Origin My Account is successfully completed as intended. We do not accept any responsibility for your failure to complete any transaction where the data entered by you is inaccurate or you are unable to complete and provide evidence of confirmation of completion, for instance, by confirmation from Origin or receipt number. 4. Information and Privacy 4.1 We collect, use, hold and disclose your personal, credit related and confidential information (including metering data) where it is required under the Regulatory Requirements and in order to provide you with energy and related products and services. We may disclose this information to our related companies and our agents and contractors (such as mail houses, data processors and debt collectors) as well as to your Distributor and other energy retailers for these purposes and more broadly in connection with our provision to you of energy and related products and services. We may also collect sensitive information about you or third parties (for example if you notify us that life support equipment is used at your Supply Address). If you do not provide this information to us, we may not be able to provide our products or services to you. Where possible, we will collect this information from you, but we may obtain this information from third parties (including credit reporting bodies). If you provide us with personal information about another person (such as an additional account holder), please make sure you tell them their information has been provided to us and make them aware of the matters in this privacy statement. Our detailed privacy and credit reporting statements are available at Our credit reporting statement explains the credit reporting bodies and service providers we disclose credit information to (including overseas), how our disclosure may affect your creditworthiness and how to access, correct or complain about our treatment of your credit information. Please contact us to request a paper copy. 5. Your use of Origin My Account 5.1 When using Origin My Account, you agree that you will not directly or indirectly: (a) introduce any viruses or other malicious code to Origin My Account; (b) attempt to decompile, or reverse-engineer any part of Origin My Account or to obtain unauthorised access to Origin My Account or portions of Origin My Account that are restricted from general access or which you do not have access to as a user; (c) disrupt or interfere with the security of Origin My Account; (d) collect, or attempt to collect, any personal information about other users of Origin My Account without their express permission; (e) disrupt or interfere with any other user s enjoyment of Origin My Account; (f) create or use a false identity on Origin My Account; or (g) use Origin My Account in any manner not expressly permitted by these Terms of Use.

4 6 Origin Energy You are solely responsible for the confidentiality and use of your username and password. You agree that you will be solely responsible for any activities or actions taken under your username and password, whether or not you have authorised such activities or actions. If you become aware of any unauthorised use of your username and password, you agree to notify us immediately at onlineservicequery@originenergy.com.au. 6. Licence to Origin My Account 6.1 Subject to these Terms of Use we grant to you, during the Term, a non-exclusive, non-sublicenseable licence to access and use Origin My Account for your personal use without charge. Any commercial use of Origin My Account is expressly prohibited without our prior written consent. 6.2 Origin My Account will be made available on-line at such URL as we notify to you from time to time. 7. Intellectual Property Ownership and Restrictions 7.1 The contents of Origin My Account, including its look and feel (e.g. text, graphics, images, logos, and button icons), photographs, editorial content, notices, software (including HTML-based computer programs) and other material are protected under applicable laws protecting intellectual property. 7.2 You will not remove, alter or conceal any proprietary rights notices incorporated in Origin My Account. Except as necessary for the use of Origin My Account on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, you will not reproduce or modify any part of Origin My Account. We and our licensors own all right, title and interest, including all worldwide intellectual property rights in Origin My Account. 8. Termination 8.1 These Terms of Use may be terminated by either you or us at any time. If you choose to terminate these Terms of Use, you must notify us at onlineservicequery@originenergy.com.au. Upon termination of these Terms of Use you will not have access to Origin My Account. Termination of these Terms of Use by you or us will not affect any agreement under which we supply energy. 8.2 We may suspend, terminate or alter any service provided within Origin My Account at any time. 8.3 We may continue to make Origin My Account available to you after you cease to be an Origin customer at our discretion. 8.4 Despite any other provision in these Terms of Use, this clause 8 and clauses 4, 7 and 9.2 survive the expiry or termination of these Terms of Use. 9. No Guarantee of Performance 9.1 Subject to the consumer guarantees provided for in consumer protection legislation (including the Australian Consumer Law), we do not warrant that you will have continuous access to Origin My Account or that it will be error free. 9.2 The performance of Origin My Account is subject to a number of variable factors, including but not limited to your internet connection and download speeds. 10. Exclusion of Warranties and Liability 10.1 Except for the consumer guarantees under the Australian Consumer Law, we do not represent or warrant that any content is current, accurate, complete, that either Origin Smart or the content is error free or is appropriate for your specific requirements or circumstances or that Origin My Account will be continuously available Except for any warranties or guarantees required or implied by legislation, including the consumer guarantees under the Australian Consumer Law, given the matters set out in clauses 2, 9, 11.3 and 11.5 we giveno express warranty or guarantee in relation to the operation, appropriateness or performance of Origin My Account Unless prohibited by law (including section 64A of Schedule 2 to the Competition and Consumer Act 2010 (Cth)) our liability to you under these Terms of Use, to the extent that it is fair and reasonable, given the matters set out in clauses 2, 9, 11.3 and 11.5, is excluded in relation to the operation, appropriateness or performance of Origin My Account.

5 8 Origin Energy Except where we fail to meet a consumer guarantee under the Australian Consumer Law and notwithstanding any other provision of these Terms of Use we are not liable to you for indirect, incidental, special or consequential damages, or any loss of profit or loss of data. These Terms of Use set out the entire agreement between you and us. To the extent permitted by law, all implied terms are excluded. 11. Energy Manager Tool (Origin Smart Solution) 11.1 This clause 11 applies if you have access to the Energy Manager Tool (Origin Smart Solution) within Origin My Account The Energy Manager Tool is only available to eligible customers in Victoria and access to Origin My Account does not guarantee access to the Energy Manager Tool. Please refer to the summary of eligibility conditions for the Energy Manager Tool at In addition to any eligibility criteria, the availability of some of the Energy Manager Tool s features is dependent on the availability of data from your electricity distributor. The Energy Manager Tool uses information originating from a smart meter installed on your property and operated by your electricity distributor. This information is then provided periodically (usually daily) to us. We are not responsible for any inaccuracies or delays in the information we receive. Whilst we will take reasonable steps to ensure the availability of the Energy Manager Tool to eligible customers, if there are circumstances that impact on our ability to continue to offer the Energy Manager Tool, we may terminate your access to the Energy Manager Tool and provide you with as much notice as reasonably possible You understand that it is your responsibility to manage your electricity consumption, and that using the Energy Manager Tool will not guarantee lower bills Any estimate of your bill will be a prediction based on assumptions that are explained in the Frequently Asked Questions (FAQs) pages of the Origin Smart website (as updated from time to time) and the amount of the bill issued to you by Origin (Origin Bill) may be different. You acknowledge that the Origin Bill will prevail over any conflict or inconsistency of information or data produced by the Energy Manager Tool including bill estimates We endeavour to provide current and accurate content, but any content including advice in relation to energy efficiency is to be used as a general guide only, due to the individual nature of residential housing construction, performance of appliances, variations in size efficiency, energy consumptions and usage time If you use the Energy Manager Tool in conjunction with any equipment we provide to you for use with the Energy Manager Tool, the equipment must be approved by us for use with the Energy Manager Tool (and will be subject to separate Smart Equipment Terms of Use). You agree that you will not use any equipment with the Energy Manager Tool that has not been approved by us. We do not guarantee the behaviour or performance of any devices with The Energy Manager Tool not provided by us We may allow you to provide feedback and post content on bulletin boards, blogs, and at various other locations within the Energy Manager Tool. Some of these locations may be able to be accessed and viewed by other users. By posting content and providing feedback you agree: (a) (b) (c) you are responsible for all content and feedback you submit and you may not post or transmit any message that violates any law or is otherwise inappropriate; by submitting content, you agree that we may use any content you post in any way, including in future modifications of the Energy Manager Tool, other products or services, and advertising or marketing materials; and you grant to us, and you represent that you have all necessary rights to grant to us, a perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable and transferable licence to use and reproduce all or any portion of that content and feedback.

6 10 Origin Energy We have the right, but not the obligation, to monitor any content and feedback made available on the Energy Manager Tool. We reserve the right, in our absolute discretion, to block or remove any content and feedback contained on the Energy Manager Tool without notice, and to the maximum extent permitted by law we will not be liable in any way for possible consequences of such actions If you use the Energy Manager Tool, you are requesting that we provide you with access to your meter and energy consumption data for that purpose Depersonalised meter or energy consumption data may be used (including after termination of these Terms of Use) for research or analysis purposes. 12. Links 12.1 Origin My Account may contain links to other web sites. We provide those links as a ready reference and not as an endorsement of those web sites, their operators or the goods, services or content that they describe Other web sites which are linked to Origin My Account (including social networking sites such as Facebook or Twitter), are not covered by these Terms of Use, and may have their own terms and conditions and privacy policies. If you choose to access these linked sites, you do so at your own risk. We are not responsible for and will not be liable in respect of the content or operation of those web sites or any of the goods, services or content that they describe. We are not responsible for and will not be liable in respect of any incorrect link to an external web site You are not permitted to frame any part of Origin My Account, or extract content for any commercial purpose, without our express written permission. 13. Other things you should know 13.1 In these Terms of Use, a reference to any legislation is a reference to that legislation, and any legislation that repeals or replaces it, as in force from time to time These Terms of Use are governed by the laws of the Australian State in which the address of your Origin Energy account is located If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, that provision or portion will be severed from these Terms of Use and the remainder of these Terms of Use will continue in full force and effect. ( MIRN ) for your gas supply point (or, if your gas supply point is in New South Wales, the Delivery Point Identifier ( DPI )), if any; your relevant Charges; the amount you have to pay; your payment options; the Due Date; contact numbers you can use to make enquiries and report faults; and charges for other goods and services provided by us under this Agreement as a separate item in your bill. If you are buying Green Gas under this Agreement, the Charges set out in your Agreement Schedule may appear as bundled rates which include the Charge for Green Gas. Your Agreement Schedule will identify both the amount of the weekly Charge for Green Gas and whether bundled rates are used in the Agreement Schedule. The Charges for gas supply and sale set out in your bills will appear as a bundled rate which includes the Charge for Green Gas identified in your Agreement Schedule.

7 How to contact us Energy offer enquiries Billing enquiries Moving home 13 MOVE ( ) Postal Address PO Box 1199, Adelaide SA 5001 PO Box 4398, Melbourne VIC 3001 National Relay Service for hearing impaired customers Interpreter Service Large Print Copy A large print copy of this document is available on request by calling us For more information visit originenergy.com.au or call Origin Energy Electricity Limited ABN , Origin Energy Retail Ltd ABN , Origin Energy (Vic) Pty Ltd ABN Origin Energy LPG Limited ABN and Sun Retail Pty Ltd ABN King William Street, Adelaide SA 5000 Telephone Facsimile originenergy.com.au enquiry@originenergy.com.au 6498v3.Aug14.All