Key Terms 

(a) Our liability: except in relation to our Non-Excludable Obligations, or breach of contract and our negligent acts or omissions, we are not liable to you for any Loss under these My Account and App Terms and Conditions (the terms and conditions) (see clause 13, Warranties and liability) 

(b) Termination: both we and you may terminate these terms and conditions for any reason. However, you should be aware that if this happens, you may not be able to access our My Account or App platforms (see clause 8, Terminating or suspending the services or your profile). 

1. This Agreement 

This agreement is entered into between the customer using EnergyAustralia’s My Account and/or App services (you, yours) and EnergyAustralia Pty Ltd ABN 99 086 014 968 (we, us, our). 

We provide you with the opportunity to establish a profile to use the EnergyAustralia  My Account online platform and our App, called the ‘services’ in these terms and conditions. Use of the services is subject to the terms and conditions between you and EnergyAustralia, set out below.  

2. Your profile 

2.1 Access to your profile 

  1. By registering a profile with My Account, you will also be able to use our App to log in to your profile. You agree that by registering for My Account, you will also receive access to our App, however, you are under no obligation to also use our App. 
  2. When using the services, you will only have access to information relating to the 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 services on behalf of an organisation, you warrant that you are currently authorised by that organisation to access those accounts.  

2.2 Your obligations when setting up and using your profile 

  1. You must only use the services if you are over 18 and you have the legal capacity to contract in Australia. By establishing a profile to use the services, you agree to be bound by these terms and conditions.  
  2. If you do not agree to these terms and conditions, you must stop using the services. 

3. Support 

If you require any help or support in relation to the services you should contact us at 133 466. 

4. Confidentiality 

  1. In order to use the services, you require an email login and a password. Your login must be an email account that you are authorised to use.  
  2. You are solely responsible for the confidentiality and use of the email account you use for your login details, and the password for your email account, as well as for any communications entered into or payments made through the services using your login details. We may terminate or suspend your profile and access to the services where there is unauthorised use and allocation of your login details for the services (see clause 8 below, Terminating or suspending the services or your profile).  
  3. If you enable phone or email based multi-factor authentication for use of the services, we will collect your phone number or email address, and you agree to receive messages from us to enable multi-factor authentication when you login to the services. Message and data rates may apply. 
  4. For security purposes, from time to time we may also request you to validate or re-authorise your details, or the details of any other person that you have authorised to access your profile for the services on your behalf. If you do not re-authorise the details of any other person that you have authorised to access the services on your behalf, we may remove that person’s access to your profile for the services. 
  5. If you suspect that someone else has used your login details for the services, or there has been any unauthorised use of your profile for the services, you should let us know as soon as you can. 

5. How we use your information 

  1. If you have consented to receive marketing material from EnergyAustralia, from time to time, EnergyAustralia may send you special offers and information (by direct mail, telemarketing, email, SMS and MMS messages) about EnergyAustralia products and services which might be of interest to you. You can contact us at any time to unsubscribe from receiving this information. 
  2. We and our third parties may use aggregated information developed from your use of the services, for the purpose of statistical analysis, including about how our customers interact with the services and move between the different platforms and EnergyAustralia's website. 

6. Licence 

  1. We grant you a personal, non-exclusive, non-transferable licence to use the services for your own internal, personal use in accordance with these terms and conditions. 
  2. You must not: 
    1. Use the services in any way that could damage our reputation; 
    2. Reproduce, make error corrections to or otherwise modify or adapt the services; 
    3. Except to the extent permitted by law, decompile, disassemble or otherwise reverse engineer the services, or permit any third party to do so; or 
    4. Modify or remove any copyright or proprietary notices on the services. 

7. Usage 

The services contain information about your electricity, gas, and solar. We use reasonable efforts to ensure that this information is current, complete and accurate, but we cannot guarantee this. 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 services, and if there is any inconsistency, the information in your bill prevails.  

8. Terminating or suspending the services or your profile 

  1. We reserve the right to terminate or suspend your profile to use the services where: 
    1. you have not used your profile for over 12 months; 
    2. you fail to comply with these terms and conditions; 
    3. we suspect or have evidence that your access to the services is being used to compromise the security of any of our IT systems; 
    4. we suspect or have evidence that there has been unauthorised access to your profile; or 
    5. for any reason at our discretion. 
  2. We will notify you if we suspend or terminate your profile. Termination of your profile will only affect your access to the services. It will not affect any EnergyAustralia Retail Contract you have with us for the supply of electricity and/or gas to your premises. 
  3. These terms and conditions remain in force until we, or you terminate your profile to use the services.  

9. Your rights to terminate your online profile 

You retain the right to terminate your online profile at any time. 

10. Amending these terms and conditions 

  1. We may alter or update the services and/or these terms and conditions from time to time. If we alter these terms and conditions, we will publish the new version on the App and on our website. 
  2. Where we seek to alter the services in a way that will have a material detrimental impact on you, we will endeavour to provide you with prior notice. 

11. Security 

We will use reasonable endeavours to ensure that the services are secure. However, when you use the public internet, it is possible for any electronic data transfer to be intercepted by others. By using the services, you understand that your information may be read or intercepted by others. 

12. Payment 

Any payment made through the services will be subject to the terms and conditions of your EnergyAustralia Retail Contract. 

13. Intellectual property 

Any information, copyright, patents, trademarks, design rights, trade secrets and other intellectual property rights (Intellectual Property Rights) provided to you through the services are solely for your personal and/or internal business needs. All Intellectual Property Rights are owned by us, our related bodies corporate and/or our service providers. You may not reproduce, adapt, modify, communicate to the public, or otherwise use the services or any Intellectual Property Rights in the services for commercial purposes without our prior written consent.  

14. Warranties and liability 

14.1 Our warranties 

  1. We will use due care and skill in providing the services. There may also be other non-excludable statutory guarantees, implied conditions or warranties including under consumer protection laws that cannot be excluded (Non-Excludable Obligations) which may apply to our supply of the services. 
  2. Subject to your rights under Non-Excludable Obligations, we do not warrant or represent that the services are complete, accurate, current, secure or free from errors or omissions, programming bugs or viruses. 
  3. The availability of the services may be subject to numerous factors, including routine maintenance and factors outside our control (such as malfunction in equipment or software, internet access difficulties, or delay or failure of transmission or a failure of a third-party service provider). Accordingly, we do not warrant or represent that the availability of the services will be continuous or uninterrupted, that any defects will be corrected, or that the services or the supporting infrastructure or server that makes it available are free of viruses. 
  4. If any condition or warranty implied into these terms and conditions under the Non-Excludable Obligations cannot be excluded, and we are able to limit your remedy under the Non-Excludable Obligations for a breach of such condition or warranty, then our liability is limited to one or more of the following at our option: 
  5. 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 
  6. in the case of services, the supply of the services again, or the payment of the cost of having the services supplied again. 
  7. If Non-Excludable Obligations apply and there is a major failure with the services we provide, you are entitled to cancel these terms and conditions with us and to a refund for the unused portion, or to compensation for its reduced value (where applicable). You are also entitled to be compensated for any other reasonably foreseeable Loss. 
  8. If Non-Excludable Obligations apply and the failure does not amount to a major failure, you are entitled to have problems with the services rectified in a reasonable time and, if this is not done, to cancel these terms and conditions and obtain a refund for the unused portion of these terms and conditions (where applicable). 

14.2 Our liability to you 

We accept liability to you in relation to Non-Excludable Obligations and for loss or damage that was caused by our breach of contract or negligence under the principles applied by the courts. However, we are not liable for: 

  1. your use of or inability to use the services; 
  2. any data or information that you enter into the services; 
  3. loss or damage that was not reasonably foreseeable; 
  4. loss or damage that was not caused by our breach of a Non-Excludable Obligation or contract or by our negligence; 
  5. loss or damage that was caused by your breach of contract or your negligence; 
  6. business losses (such as lost data, lost profits, or business interruptions); 
  7. loss or damage caused by events outside our reasonable control (such as a malfunction in equipment or software, internet access difficulties or delay or failure of transmission or the interception or hacking of your data by unauthorised third parties); 
  8. loss of chance, goodwill or reputational damage, or loss of use; or 
  9. any loss that does not arise naturally from a breach of these terms and conditions and in the usual course of things. 

14.3 Your liability to us 

You will not be liable to us for any Loss that does not arise naturally, in the usual course of things as a result of your breach of these terms and conditions or your negligent acts or omissions. 

15. Privacy 

We respect your right to privacy and we collect and manage your personal information and credit information in accordance with the Privacy Act 1988 (Cth) and our privacy policy  and credit information statement. 

16. Governing law 

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. 

17. Definitions 

In these terms and conditions, the following terms have the meaning set out below. 

‘EnergyAustralia Retail Contract’ means the contract between us and you for the supply of energy to your premises. 

Loss means liability, loss, harm, damage, cost or expense. 

‘profile’ means the online profile you establish to use the services, using your email login and password. 

‘services’ means EnergyAustralia’s My Account online platform, and the EnergyAustralia App, as amended and updated from time to time. 

‘We’, ‘us’, or ‘our’ means EnergyAustralia (ABN 99 086 014 968). 

‘You’ or ‘your’ means the customer using our services.