HomeSmart Savvy terms and conditions

This agreement does not alter your existing Standard Retail Contract with us or the tariffs supplied under that contract.

Eligibility criteria for participation

  1. We make the HomeSmart Savvy Service available to you on the condition that you have told us that:
    1. you live in our limited release area for the service;
    2. your premises have eligible digital metering; and
    3. you are the account holder for the premises.

Suitability of premises

  1. After we receive your HomeSmart Savvy Service registration form, we will assess your application. If we determine (in our absolute discretion) that your premises are suitable for the HomeSmart Savvy Service, we will provide the service to you.
  2. If we determine that your premises are not suitable for the HomeSmart Savvy Service, we will tell you so in writing using the contact details you have given us.

Length of this agreement

  1. Your agreement will start on the date that we commission your HomeSmart Savvy Service (Commissioning Date).
  2. There is no additional fee for the HomeSmart Savvy Service.
  3. We may offer you the opportunity to continue to use the HomeSmart Savvy Service on terms that we advise.
  4. We may end this agreement and cease supplying the HomeSmart service by delivering written notice to you using the contact details you have given us.  The agreement will then end from the date that we advise you in the notice.
  5. You may cancel this agreement at any time by contacting us using our advertised telephone number, email address or mailing address. The agreement will then end from the date that you advise us.
  6. Your Agreement will also end if :
    1. you cease to be the account holder for the premises; or
    2. you enter into a new agreement for a HomeSmart Savvy Service.

Your obligations

  1. You must tell us immediately if:
    1. you cease to be the account holder for the premises; or
    2. your contact details change.

Data collection and survey

  1. By signing this Agreement you consent to Ergon Energy contacting you to discuss or to conduct a survey to assess your experience with your HomeSmart Savvy Service.
  2. After this agreement ends, you agree, if we ask, to complete a survey about your experience with your HomeSmart Savvy Service.
  3. Ergon Energy will give appropriate notification of any contact regarding surveying your experience and arrange to schedule the discussion at a time convenient to you.

Our liability

  1. To the extent permitted by law, if a provision of the Competition and Consumer Act 2010 (Cth) or any other statute applies to the goods or services provided by us under this agreement, our liability is limited, at our option, to:
    1. in the case of the supply of goods, any one or more of the following:
      1. replacement of the goods or the supply of equivalent goods;
      2. repair of the goods;
      3. payment of the cost of replacing or removing the goods or of acquiring equivalent goods; or
      4. payment of the cost of having the goods repaired; or
    2. in the case of the supply of services:
      1. supplying of the services again; or
      2. payment of the cost of having the services supplied again.
  2. Despite any other provision in this agreement, we are not liable to you (whether under contract, in tort, in equity, under statute or otherwise) for any loss of profit, loss of revenue, loss of use, loss of contract, loss of data, loss of production, loss of opportunity, loss of goodwill or any other indirect, incidental, special or consequential loss, damage or cost howsoever caused.
  3. You acknowledge that Ergon Energy does not warrant that the HomeSmart Savvy Service will be uninterrupted, timely, secure, error-free or free from viruses or other malicious software, and no information or advice obtained by you from Ergon Energy or through the HomeSmart Savvy Service shall create any warranty not expressly stated in this agreement.

Demographic data

  1. The collection of demographic data is optional. If you volunteer this information we will use it to evaluate how different types of customers respond to the HomeSmart Savvy Service. We will also analyse demographic and electricity usage data to assist with our understanding of energy usage.

Privacy notice

  1. We are collecting your personal information for the purpose of enabling you to receive the HomeSmart Savvy Service. If you do not provide all the required information you may not be able to access the HomeSmart Savvy Service. Your personal information will not be disclosed to any other third parties, other than those listed in the paragraph below, without your consent unless authorised or required by law. If you wish to apply for access to your personal information or make a privacy complaint, you may contact the Privacy Officer on 1300 885 034. If you have provided personal information of another individual (such as an authorised representative), please ensure that you advise the person about this privacy statement. Our privacy policy is available at www.ergon.com.au.

Consent to provide personal information to affiliated organisations

  1. You consent for us to disclose your name, address, detailed electricity data, national meter identifier, contact details and any demographic data collected in the process of registering for or using the HomeSmart Savvy Service to our affiliated organisations for the purpose of service delivery, analysis, reporting, marketing and communications associated with the provision of the HomeSmart Savvy Service. Affiliated organisations include the project's hardware and software provider HabiDapt Pty Ltd, the mail service provider Contact Point IT Services Pty Ltd and their analytics service providers, and any other organisations commissioned to assist in providing the HomeSmart Savvy Service. The affiliated organisations will only be permitted to use this information for the purposes of this agreement. In addition, we may use and disclose personal information as set out in its Privacy Policy.
  2. You permit us to provide your email address to HabiDapt for the purpose of sending you information concerning your HomeSmart service. You understand that any information provided to HabiDapt will be stored and may be accessed outside Australia, including the USA and Canada.  You also understand that the information provided to HabiDapt is subject to USA and Canadian Privacy Laws.

Definitions

In this agreement:

Commissioning Date has the meaning set out in paragraph 4.

Ergon Energy, we, us, our means Ergon Energy Queensland Pty Ltd, its related entities, its employees, contractors, servants or agents.

HabiDapt means HabiDapt Pty Ltd, its employees, contractors, servants or agents.

HomeSmart Savvy Service means the information you receive on your energy usage, the enablement of set and forget programs, alerts and alarms and reports that your receive as part of using the service.

Standard Retail Contract (SRC) is for small residential and business customers, usually one who consumes less than 100 megawatt hours of electricity per annum. The SRC applies if you have applied to Ergon Energy for customer retail services and we provide you with customer retail services, or your premises are connected to a supply network and you have not applied for customer retail services. Furthermore, the SRC applies without the need for Ergon Energy or the customer to sign a document containing the terms and conditions.

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