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Terms and Conditions summary

Last updated: 3 September, 2024

By using our service, you agree to the detailed terms and conditions page (see Details tab, above), so please read them carefully. This page is a summary of the details for your convenience.

How It Works:

  • Free Service: Our platform is free to use. We’ll analyse your electricity usage and show you if there are better plans available.
  • Savings Info: We’ll tell you how much you could save with other plans.
  • Subscription Access: If a plan could save you more than $250 a year, you’ll need a subscription to see the details. The subscription costs a small annual fee.

Your Data:

  • Privacy First: We only collect the data we need to run our service. We adhere to strict Consumer Data Right (CDR) obligations to protect your privacy.
  • Partnership with Biza: We work with Biza Pty Ltd to access your electricity data as a CDR Representative. This partnership follows all relevant CDR rules and principles.
  • Consent-Based: We only collect and use your data with your consent. You can withdraw your consent anytime, which will end your access to the service.
  • Data Deletion: Your data is securely deleted when your consent ends. We don’t keep it for any other purpose.
  • No Unnecessary Sharing: We don’t share your data with third parties unless required by law.
  • No Unsolicited Sales Calls: We won’t share your contact information with third parties for sales calls unless you ask us to.

Your Account:

  • Account Safety: You’re responsible for keeping your account info safe. Let us know if you think someone else is using it.

Subscription Payments:

  • Annual Fee: To see detailed info on high-saving plans, you’ll need to pay an annual subscription fee.
  • Payment: Payments are processed securely through a third-party provider using your credit or debit card.
  • No Access Without Payment: Subscription features are only available after payment is completed.
  • Fee Changes: We may change the subscription fee, but we’ll notify you in advance.

Legal Stuff:

  • Best Efforts: We strive to ensure our service is accurate and reliable, but we can’t guarantee everything will be perfect.
  • Independence: We’re independent of all energy retailers, so our advice is unbiased.
  • Your Responsibility: The decisions you make using our service are your own. We’re not liable for those decisions.
  • No Warranties: Our service is provided as-is, with no additional warranties.

Complaints:

  • Contact Us: If you have complaints, email us at complaints@automised.energy. We’ll respond within 5 business days.
  • Further Action: If your complaint is about data use and you’re not satisfied, you can escalate it to the Office of the Australian Information Commissioner (OAIC).

Your Rights:

  • Data Access: You can request access to your data at any time.
  • Correction & Deletion: You can correct or delete your data whenever you like.

Security:

  • Your Data’s Safe: We protect your data with industry-standard security measures.

Disputes & Legal Terms:

  • Limitations: We’re not responsible for indirect damages or losses.
  • Indemnity: You agree to protect us from any claims or damages related to your use of the service.
  • Intellectual Property: All rights to the service’s content belong to us or our partners.
  • Dispute Resolution: Disputes will first go through mediation, and if necessary, arbitration.
  • Force Majeure: We’re not liable if something beyond our control affects our service.
  • Changes to Terms: We can update these terms, so please check them regularly.
  • Termination: We can end your access to the service if you violate these terms. No refunds if your subscription is terminated.
  • Governing Law: These terms are governed by New South Wales law.
  • Contact Info: For questions, email us at support@automised.energy.

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Terms and Conditions

Last updated: 3 September, 2024

1. Introduction

Welcome to Automised Energy, operated by What Powers Us? Pty Ltd (ABN 96 676 965 905). By accessing and using the Automised Energy online application (the "Service"), you agree to be bound by these terms and conditions ("Terms"). If you do not agree with any part of these Terms, please do not use our Service.

2. How the Platform Works

Automised Energy is committed to helping users find better electricity plans based on their usage and current plan details:

  • Free Service: The Service is freely available for anyone to use. As part of this free service, we analyse your electricity usage and current plan to determine if there are better options available to you on alternate plans.
  • Savings Information: The potential savings under each alternate plan are freely disclosed to all users.
  • Subscription Access: For alternate plans that are found to offer large savings (greater than $250 annually), the detailed information on those plans is available only to subscribed users. Subscription incurs an annual fee, which grants access to this additional information.

3. Data Collection and Use

Automised Energy is committed to protecting your privacy and using your data in accordance with the principles of data minimisation under the Consumer Data Right (CDR) framework.

  • Data Minimisation: We only collect data that is absolutely necessary to operate the Service. This includes data that enables us to provide, improve, and maintain the Service.
  • CDR Representative and Partner: Automised Energy partners with Biza Pty Ltd to access your electricity data as a CDR Representative. In doing so, we adhere to all relevant CDR obligations and principles. For details on how your data is handled, please refer to Biza Pty Ltd's CDR Policy.
  • Consent-Based Collection: Data is collected and processed strictly based on your consent. You may withdraw your consent at any time, which will terminate your access to the Service.
  • Data Deletion: All CDR data is securely deleted at the end of each consent arrangement, whether this occurs because you choose to withdraw your consent or because the consent period expires. No CDR data is retained beyond this period for any purpose.
  • Data Sharing: We do not share your CDR data with third parties unless it is required by law. Any such sharing will be done in compliance with the CDR rules.
  • No Sales Calls: Automised Energy ensures that your use of the Service will not result in unsolicited sales calls from third parties. We do not share your contact information with third parties for sales or marketing purposes unless you explicitly request it to assist with switching providers.

4. User Accounts

To use the Service, you must create a user account with Automised Energy. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account.

5. Fee Payment for Subscription

  • Subscription Fees: Access to detailed information on plans offering large savings (greater than $250 annually) requires a subscription. You agree to pay all applicable fees associated with your subscription in a timely manner. Subscription fees are billed in advance on an annual basis.
  • Payment Methods: We use a third-party payment provider to process payments. Payments can only be made via credit or debit card. You authorise Automised Energy to charge the subscription fees to the card provided.
  • Subscription Access: Subscription-only features, including access to detailed plan information, will not be available until the subscription fee has been paid in full. If payment is not successful, we may suspend or terminate your access to these features.
  • Changes to Fees: Automised Energy reserves the right to modify the subscription fees at any time. Any changes to the fees will be communicated to you in advance and will apply to the next billing cycle.

6. Warranties and Disclaimers

  • Best Endeavours: Automised Energy will use its best endeavours to ensure that the Service is available, accurate, and reliable. However, we do not guarantee that the Service will be uninterrupted or that all information provided is free of errors.
  • Independence: Automised Energy operates independently from all energy retailers. The information and comparisons provided by our Service are impartial and designed to assist you in making informed decisions about your energy needs.
  • No Liability for Decisions: The information and data provided by the Service are intended to assist you in making informed decisions. However, Automised Energy is not liable for any decisions you make based on the information provided through the Service. You acknowledge that you are solely responsible for your decisions and actions.
  • No Warranties: Except as expressly provided in these Terms, the Service is provided "as is" and "as available," without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

7. Complaints Handling Process

  • Lodging a Complaint: If you are dissatisfied with the Service or have any complaints, you can contact us by email at complaints@automised.energy. We take all complaints seriously and will acknowledge your complaint within 5 business days.
  • Complaint Resolution: We aim to resolve all complaints promptly and fairly. Upon receiving your complaint, we will investigate the issue and provide you with a response outlining the steps we have taken to address your concerns. If you are not satisfied with our response, you may request further escalation.
  • External Resolution: If your complaint is in regards to the use of your data, and you are not satisfied with the outcome of our internal complaints process, you may escalate your complaint to the Office of the Australian Information Commissioner (OAIC) for further review.

8. User Rights

You have the following rights in relation to your data:

  • Access and Portability: You may request access to the data we hold about you at any time.
  • Correction: You can request corrections to any inaccurate data.
  • Deletion: You have the right to request the deletion of your data at any time, which will be processed in accordance with our data deletion policies.
  • Objection to Processing: You may object to the processing of your data, in which case your access to the Service may be limited or terminated.

9. Security

We take the security of your data seriously and implement industry-standard measures to protect it against unauthorised access, use, or disclosure. This includes encryption, access controls, and regular security audits.

10. Limitation of Liability and Indemnification

To the fullest extent permitted by law, Automised Energy, its affiliates, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • (a) your use or inability to use the Service;
  • (b) any unauthorised access to or use of our servers and/or any personal information stored therein;
  • (c) any interruption or cessation of transmission to or from the Service;
  • (d) your violation of these Terms; or
  • (e) your violation of any third-party rights, including intellectual property rights.

You agree to indemnify and hold harmless Automised Energy and its affiliates, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from your use of the Service, your violation of these Terms, or your infringement of any third-party rights.

11. Intellectual Property

All intellectual property rights in the Service, including but not limited to software, trademarks, and content, are owned by Automised Energy or its licensors. You may not copy, modify, distribute, or use any part of the Service without express written permission.

12. Dispute Resolution

Any disputes arising out of or in connection with these Terms shall be resolved through mandatory mediation. If mediation fails, disputes shall be resolved through binding arbitration conducted in accordance with the rules of the Australian Centre for International Commercial Arbitration (ACICA).

13. Force Majeure

Automised Energy shall not be liable for any failure to perform its obligations under these Terms if such failure results from any cause beyond its reasonable control, including but not limited to acts of God, war, terrorism, labour disputes, or governmental actions.

14. Changes to the Terms

Automised Energy may modify these Terms at any time by posting the revised version on our website. It is your responsibility to review the Terms periodically. Your continued use of the Service after any changes have been made constitutes your acceptance of the new Terms.

15. Termination

We reserve the right to terminate your access to the Service at any time if you breach these Terms or if we discontinue the Service. Upon termination, your access to the Service will be revoked, and your data will be deleted in accordance with our data deletion policy. No refunds will be provided for any remaining subscription period if your access is terminated.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising out of or in connection with these Terms will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck from these Terms, and the remaining provisions will remain in full force and effect.

18. Contact Information

If you have any questions about these Terms, please contact us at:
Automised Energy
Email: support@automised.energy