Powersensor Pack Terms and Conditions

In consideration for Ergon Energy Network issuing You with a free Powersensor Pack, You agree to the following terms and conditions which, together with the Offer Email, will constitute the Agreement between Ergon Energy Network and You:

1. Eligibility

You will be eligible to receive a Powersensor Pack if You accept the terms of the Offer Email by choosing the “Yes” voting button to register your interest to participate.

2. Ergon Energy Network Obligations

You will be eligible to receive a Powersensor Pack if You accept the terms of the Offer Email by choosing the “Yes” voting button to register your interest to participate.

We will:

a) subject to clause 4b)i), supply a Powersensor Pack to You free of charge for You to install at the Premises; and

b) remotely read the Powersensor Pack to obtain data to further the purpose of the Tariff Trial.

3. Your Obligations

As a condition of receiving the Powersensor Pack, You agree to:

a) promptly after delivery of the Powersensor Pack, install the Powersensor Pack at the Premises for the remainder of the Tariff Trial Term;

b) install and operate the Powersensor Pack in accordance with any relevant manufacturer’s requirements;

c) not deliberately interfere with or damage the Powersensor Pack;

d) promptly grant Us access to remotely read the Powersensor Pack using the Powersensor Pack application to obtain data to further the purpose of the Tariff Trial; and

e) notify Ergon Energy Network immediately if You become aware that the Powersensor Pack is damaged.

4. Termination

a) This Agreement will expire at the end of the Tariff Trial Term.

b) Ergon Energy Network may at its discretion terminate this Agreement:

i) with immediate effect at any time prior to delivery of the Powersensor Pack; or

ii) if You withdraw from the Tariff Trial, by delivering written notice to You to be sent to your email address.

c) If We terminate this Agreement under clause 4b)i), We will no longer be required to supply the Powersensor Pack.

d) Upon termination or expiry of this Agreement, if You no longer require the Powersensor Pack, You may contact Us, and We will send You a reply paid post pack to return the Powersensor Pack to Us On return of the Powersensor Pack, title and risk in the Powersensor Pack will transfer to Us.

e) Upon termination or expiry of this Agreement, clauses 6, 7 and 8 will survive termination and continue to apply.

5. Title and Risk

a) Ownership of the Powersensor Pack will pass to You upon the later of:

i) delivery and installation of the Powersensor Pack; and

ii) granting by You to Us of access to remotely read the Powersensor Pack using the Powersensor Pack application.

b) Risk in the Powersensor Pack will pass to You upon delivery to the Premises.

6. Powersensor Pack service warranties and costs

a) You may report any issues You have with the Powersensor Pack to the Supplier using the contact details found at the following link: After Sales Technical Support (reductionrevolution.com.au).

b) The Supplier will provide You with a two-year warranty for the Powersensor Pack, details of which can be found at: https://reductionrevolution.com.au/pages/returns-warranty.

c) Nothing in this clause 6 or clause 7 is intended in any way to exclude or limit Your rights under any conditions or warranties implied by law, including the Australian Consumer Law.

7. Limitation of liability

a) To the full extent permitted by law, and despite any other provision in this Agreement, Ergon Energy Network and its employees and contractors will not be liable to the Participant (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 indirect, incidental, special or consequential damage, cost or loss, however caused in connection with the Powersensor Pack or its operation.

b) Any warranty, condition or guarantee imposed by law is excluded to the maximum extent permitted by law.

8. Consent and Privacy Notice

a) By accepting the Email Offer, You provide Your explicit informed consent to:

i) Ergon Energy Network sharing Your metering data with Ergon Energy Retail for the purposes of the Tariff Trial; and

ii) the collection and disclosure of Your Personal Information collected under this Agreement to Affiliated Organisations for the purpose of furthering the purpose of the Tariff Trial or analysis, reporting, marketing and communications associated with the operation of the Tariff Trial. In addition, We may disclose de-identified (meaning deletion of name, address and contact details) report results to energy regulators and relevant Government bodies, participants in the Tariff Trial and research publications and to other entities as required or authorised by law.

b) We are collecting, using and disclosing Your Personal Information for the purpose of conducting the Tariff Trial. In addition to the Affiliated Organisations, Your Personal Information may, as part of furthering Our purpose in undertaking the Tariff Trial be provided to:

i) the Supplier;

ii) Your local government/council;

iii) the Queensland State Government;

iv) Our research partners; and

v) external market research companies to conduct customer research.

c) You consent to the use of Your Personal Information as set out in this Agreement.  In addition to the terms of clauses 8a) and 8b) all Personal Information submitted by You for the purposes of the Tariff Trial is governed by the Privacy Policies of Ergon Energy Retail and Ergon Energy Network. The Privacy Policies can be accessed by clicking on the links below:

Ergon Energy Retail - Privacy Statement

Ergon Energy Network - Privacy Statement

9. Severability

Any provision of this Agreement that is prohibited or unenforceable is ineffective to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of this Agreement.

10. Governing Law

This Agreement shall be governed by the laws of Queensland.

11. Definitions

“Affiliated Organisations” means Ergon Energy Network and its related bodies corporate, the Tariff Trial’s marketing and advertising providers, information technology providers, meter installation and data providers, and economic analysis providers.

“Agreement” means the contract between Ergon Energy Network and the Participant concerning the free supply of the Powersensor Pack comprised of these Terms and Conditions, the Privacy Policies and the Offer Email.

“Ergon Energy Network”, “We”, “Us”, “Our” means Ergon Energy Corporation Limited, its employees, contractors and agents.

“Ergon Energy Retail” means Ergon Energy Queensland Pty Ltd, its employees, contractors and agents.

“Offer Email” means the email from Us to You confirming Your selection to receive a Powersensor Pack and inviting You to accept these Terms and Conditions.

“Participant”, “You”, “Your” means the person whose details are set out in the Offer Email as wishing to receive a Powersensor Pack.

“Powersensor Pack” means a self-install energy monitor that includes a sensor, plug and app that is purchased by Ergon Energy Network from the Supplier.

“Premises” means the address where the Powersensor Pack will be installed.

“Privacy Policies”’ means the privacy polices referred to in clause 8c).

“Supplier” means Reduction Revolution Pty Ltd ABN 74 141 672 764.

“Tariff Trial” means the Network Capacity Tariff Trial commissioned by Ergon Energy Network in which You are participating.

“Tariff Trial Term” means the period of 12 months commencing on the date advised in writing to You by Us under the Tariff Trial.