1.1. This Product Comparison and Application Agreement ("Application Agreement") governs the terms and conditions upon which Utilities.com.au Pty Ltd ACN 167 156 569 ("Utilities.com.au") agrees to provide you ("Applicant") with the registration service and associated services as described on the website located at www.Utilities.com.au ("Website") and as otherwise described in this Application Agreement ("Services").
1.2. Utilities.com.au provides a utilities comparison and registration service ("Utilities Comparison") for service products registered with Utilities.com.au. If you elect to subscribe to the Services, you acknowledge that you have you have read, understood and agree to be bound by the terms and conditions of the Services Agreement.
1.4. You acknowledge and agree that if you are in breach of this Application Agreement, Utilities.com.au may suspend, cancel or modify your use of the Services by providing you with notice to your primary email address listed on your Utilities.com.au account.
1.6 For the purposes of this Application Agreement, "Australian Consumer Law" means the Competition and Consumer Act 2010 (Cth).
2. Utilities Registration Services
2.1. Utilities.com.au is a utilities comparison company.
2.2. Utilities.com.au also obtains information on behalf of various utility companies from consumers that are interested in changing their utility providers.
2.3. All applications Utilities.com.au communicates for you ("Applications") shall not be effective unless and until the administrator for the particular utility company updates their records with the information you have provided to Utilities.com.au, pursuant to the terms of the relevant Agreement entered into between you and the relevant utilities company. All transactions are between the utility companies and you as the consumer.
3. Registration and renewal of your agreement. Utilities.com.au will attempt to maintain a record of your application and its relevant term. Although Utilities.com.au has no obligation to communicate with you about when that term may or may not end - Utilities.com.au will endeavour to remind you that your application may end or standard prices may apply. Due to the nature of the utilities service provider and customer relationship - Utilities.com.au is not always privy to all relevant information about customer statuses including expirations or charged rates.
3.1. Utilities.com.au registers applications utilizing the best information it has available to it. There is no guarantee that any service applied for by you will be able to be serviced or an agreement will be reached with the utility company. Utilities.com.au, due to the nature of real time information and data, does not warrant in any way that the information on the website is accurate. Every reasonable effort is made to maintain and acquire as much relevant data as possible. However, the company research has its limitations. Not all products represented on the website from third parties may be wholly accurate. That said the Utilities.com.au staff constantly look to improve, update, and acquire information and to make it easily comparable for consumers.
3.2. You agree that you will not make assumptions of any service until that service has been verified by the relevant service provider directly to you.
3.3. You shall not have any proprietary rights or guarantees to the availability of any service until the service provider obligates themselves to the agreement.
3.4 Please read each utility company's terms and conditions. In particular it is important to read and understand which bonuses, rates, and terms are conditional vs. those that are unconditional. This data is found both in this website and the Utility company Price Fact Sheets.
3.5 Price Fact Sheets: regardless of any information found on this websites. It is your duty as a consumer to review and understand each of the relevant Price Fact Sheets from the energy retailers. Although Utilities.com.au Pty Ltd provides you as a consumer with abridged information and an easy means to find information, it is the responsibility of the consumer to understand and compare the actual price fact sheets from the retailers.
4. Dispute Resolution Policy
4.1. You acknowledge that you have read, understood and agree to be bound by all terms and conditions of each energy retailer that you may enter into an agreement with. These terms and conditions frequently change. You should understand that it is your responsibility to ensure that the terms and conditions of your agreement are most accurate and up to date when found on the energy retailer website directly, and agree to ensure that you understand that information.
6. Payment of Moneys
6.1. All agreements between consumers and energy retailers are strictly between you and the energy retailers. At no time will the company be involved in the collection of money regarding supply or consumption of any energy supply.
6.2. This is a free service to the consumer. The energy retailers do pay a commission to the company when transactions are enabled through the company website and call centre services. Although this is not passed on to the consumer it is important that we are transparent with the consumer.
7. Collection of Personal Information
7.1. You must provide to Utilities.com.au, the information set out in all of the fields of the applicable registration form ('Personal Information'). You warrant that all Personal Information provided is complete, accurate, reliable and not otherwise misleading. You undertake to ensure that the Personal Information remains correct and current at all times.
7.3 You consent to your Personal Information being:
(a) transmitted to, and used, copied, distributed, published, modified and otherwise processed by, the energy retailers or its designees and agents, including in relation to the relevant central database; and
(b) used by Utilities.com.au for inclusion in its customer databases maintained by Utilities.com.au or its licensees.
7.9. Utilities.com.au undertakes to use all reasonable precautions to protect Personal Information from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
8. Agents and Licensees
8.1. If the Services are used or accessed by your agent, you shall nonetheless be bound as a principal by all terms and conditions of this Application Agreement.
9. No Warranty or Guarantee
9.1. Utilities.com.au does not guarantee that any particular energy agreement you wish to register or renew will be available.
9.2. Utilities.com.au does not guarantee that you will be able to register or renew a particular energy plan, even if a preliminary search or inquiry indicates that the plan is available. This may be due to:
(a) inaccurate data being offered on energy retailer websites; or
(b) inaccuracies or errors of data over time caused by data being propagated over time.
9.3. Utilities.com.au may in its sole and absolute discretion, accept or reject your application for any energy plan.
9.4. Utilities.com.au is not responsible or liable in any way for any errors, omissions or any other actions or inaction by the energy companies arising out of or in connection with your application, or a failure to obtain a suitable energy agreement.
9.5. To the maximum extent permitted by law (including the Australian Consumer Law), Utilities.com.au disclaims all warranties and guarantees, whether express or implied, regarding the Services or any other services that Utilities.com.au may perform for you from time to time.. To the extent that such warranties or guarantees cannot be disclaimed by law, you agree that the liability of Utilities.com.au shall be limited to the commission obtained in conjunction to the supply of that service (except to the extent that such limitation is in breach of the Australian Consumer Law).
11. Limitation of Liability
11.1. To the maximum extent permitted by law (including the Australian Consumer Law, neither Utilities.com.au nor the energy retailers shall have any responsibility and shall not be liable to you or your agent or nominee for any and all indirect, incidental, punitive, special, exemplary, or consequential loss or damage or any damages resulting from loss of profits, arising out of or in connection with the Services or this Application Agreement.
11.2 To the maximum extent permitted by law (including the Australian Consumer Law), you agree that in no event will the liability of Utilities.com.au under this Application Agreement for any matter exceed the fees paid by the energy retailers in regards to your specific application for the provision of the Services.
12.1. To the maximum extent permitted by law (including the Australian Consumer Law), you agree to indemnify, keep indemnified, defend and forever hold harmless, Utilities.com.au, the energy retailers and the retailer's sub-contractors, and the directors, officers, employees, agents and affiliates of each of them, from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or in connection with:
(a) your application; or
(b) your violation of any third party right, including without limitation any intellectual property or other proprietary rights;
(d) any administrative proceeding or court proceeding with respect to the application for energy plans, whether initiated by you or by a third party.
12.2. The indemnity set out in this clause 12 shall survive the termination or expiration of this Application Agreement.
15. Material Breach
15.1. You are in material breach of this Application Agreement ("Material Breach") entitling Utilities.com.au to exercise its rights under clause 16 if, after having received notice from Utilities.com.au of the particulars of the breach ("Breach Notice"), you:
(a) fail to rectify the breach within five (5) business days of receipt of the Breach Notice; or
(b) fail to provide Utilities.com.au with a reasonable explanation in defense of the breach within five (5) business days of receipt of the Breach Notice.
16. Suspension, Cancellation, Transfer or Modification of Energy Applications.
16.1. Utilities.com.au may immediately suspend, cancel, transfer or modify your application by providing you with notice to your primary email address listed on your Utilities.com.au account if:
(a) you are in Material Breach of this Application Agreement;
(b) Utilities.com.au has reasonable grounds to believe that the application is fraudulent;
16.2. You agree that Utilities.com.au or its agents can contact you in regard to commodity services as reasonable within the confines of this service.
16.3. The relevant energy retailer has the right to deny, cancel or transfer any application or agreement.
18.1. Clauses 7, 9, 10, 11, 12, 14 and 18 shall survive the termination or expiration of this Application Agreement.
19.1. The terms of this Application Agreement are severable. If any term or provision is declared invalid or unenforceable, it shall be severed from this Application Agreement and shall not affect the interpretation or operation of the remaining terms or provisions, which shall remain in full force and effect.
20. Entire Agreement
20.1. To the maximum extent permitted by law (including the Australian Consumer Law), this Application Agreement and incorporated herein, constitutes the entire agreement between you and Utilities.com.au regarding the provision of the Services and supersede all prior agreements and understandings, whether established by custom, practice, policy, or precedent.
21. Governing Law
21.1. This Application Agreement is governed in all respects by and construed in accordance with the laws of the State of Queensland, Australia, and you submit to the non-exclusive jurisdiction (without prejudice to other potentially applicable jurisdictions) of the Courts of Queensland.
22.1. Nothing in this Application Agreement shall be construed as creating the relationship of agency, partnership or joint venture between the parties.
23. Force Majeure
23.1. Neither party will be in default or otherwise liable for any delay or failure in its performance under this Application Agreement where such delay or failure arises by reason of an Act of God, any government or governmental body, acts of war, the elements, strikes or labor disputes, power or system failures, failure of the Internet, computer hacking, or other causes beyond the reasonable control of such party.
24.1. Failure by either party to exercise or enforce any right or provision of this Application Agreement shall not be deemed to be a waiver of such right or provision and does not affect the right to require any provision to be performed at any time thereafter.
25.1. All notices required to be sent under this Application Agreement shall be sent via e-mail:
(b) If to you, to the primary email address listed on your Utilities.com.au account.
25.2. Any notice sent shall be deemed to have been received at the time and date logged by the sender's email server of confirmation of delivery of the email message to the recipient's email server.