About Aurora Online Services

Aurora Online Services Terms and Conditions

Before using Aurora Energy Online Services, please read the following document carefully.

The following Terms and Conditions of Use apply to your use of Aurora Energy Online Services.

Terms and Conditions of Use

1. Definitions

   "Aurora Energy" means Aurora Energy Pty Ltd ACN 082 464 622

   "Aurora Energy account holder" means a person or entity in whose name an account for the supply of electricity by Aurora Energy is held

   "Password" means the unique alphanumerical identifier generated by completion of the Registration Form and which is used in conjunction with the Username to access the Online Services

   "Online Services" means the following services:

   1. Account Balances
   2. Next Meter Reading Schedule
   3. Power Consumption History
      together with any other services offered by Aurora Energy from time to time via the Website, but excludes any goods and/or services offered by another party via the Website.

   "Registration Data" means the data generated by completion of the Registration Form

   "Registration Form" means the electronic form or questionnaire that you are required to complete before accessing the Online Services

   "Terms" means these Terms and Conditions of Use

   "Username" means the unique alphanumerical identifier allocated to each Aurora Energy account holder

   Website means the Aurora Energy website

   "you" or "I" refers to the person who accepts these Terms, and in the case of an entity who is an Aurora Energy account holder, a person authorised to accept these Terms on behalf of the entity, its employees, officers and agents

2. Your Obligations

   1. You agree that you will:
      1. comply with these Terms
      2. comply with all applicable laws and regulations
      3. keep your Username and Password confidential, and advise Aurora Energy immediately of any, or any threat of, unauthorised use of your Username and/or Password
      4. be responsible for all acts or omissions that occur under your Username and Password prior to providing notice pursuant to clause 2.1(iii)
      5. advise Aurora Energy immediately should any of the information provided by you in making use of the Online Services change.
   2. You agree that you will not use the Online Services, directly or indirectly:
      1. for any purpose whatsoever that is unlawful or prohibited by these Terms
      2. to conduct surveys or any other duplicative or unsolicited process
      3. to collect information about others
      4. to transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious computer programs
      5. to transmit or upload any computer programs or other material in breach of any intellectual property laws, rights of privacy or any other applicable laws
      6. to interfere with or disrupt networks connected to the Online Services or violate the regulations, policies or procedures of such networks; or
      7. to attempt to gain unauthorised access to the Online Services, other accounts, computer systems or networks connected to the Online Service, through password mining or any other means.

3. Aurora Energy's Obligations

   1. Aurora Energy will endeavour to make access to the Online Services available 24 hours a day, 7 days a week.
   2. Aurora Energy will ensure that the Online Services are provided using 128bit Secure Socket Layer encryption, or some other suitable security encryption measure.

4. Registration

   1. To begin using the Online Services, you must open an Online Services account by providing current, complete and accurate information as prompted by the Registration Form.
   2. On completion of the Registration Form, you will receive a Password. You must provide your Password whenever prompted when using the Online Services.

5. Modification of the Online Services

   1. Aurora Energy may modify, suspend or discontinue the Online Services from time to time in its absolute discretion.
   2. Aurora Energy shall post notice of any modifications to the Online Services to the Website as soon as practicable after any modification is made.

6. Termination

   1. Aurora Energy may, with or without cause, terminate your access to any part or all of the Online Services and any related service(s) at any time, with or without notice.
   2. Aurora Energy may terminate or suspend your account for failure to use the Online Services for an extended period of time (the length of such period of time to be determined by Aurora Energy, but not less than 12 months).
   3. If you wish to terminate your access, you shall discontinue your use of the Service and notify Aurora Energy of your intention to terminate your access.
   4. Upon termination, your right to use the Online Services ceases immediately.

7. Privacy

   1. Subject to any legislative or contractual exceptions, Aurora Energy may not disclose any of your personal, financial or commercial information held by it.
   2. Notwithstanding clause 7.1, Aurora Energy may disclose to third parties your Registration Data in aggregate form. Such disclosures will exclude your name, mailing address, e-mail address, telephone number, Username and Password, but may include usage patterns and trends, number of visits to the site, number of visits to pages, and utilisation patterns.
   3. Aurora Energy is not obliged to but may monitor your and other users’ use of the Online Services to provide continuous improvements to the site.

8. Liability and Indemnity

   1. To the extent permitted by law Aurora Energy shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with:
      1. the use or performance of the Online Services
      2. any delay or inability to use the Online Services
      3. the provision of or failure to provide Online Services
      4. any information, products, or services through the Online Services, or otherwise arising out of the use of the Online Services, whether such a claim for damages is based on contract, tort, negligence, strict liability or otherwise, even if Aurora Energy has been advised of the possibility of damages.
   2. Without limitation, and to the extent permitted by law, Aurora Energy will not be liable to you for losses (of whatsoever nature or kind) arising directly or indirectly from any:
      1. failure by Aurora Energy to provide the Online Services
      2. corruption to or loss of data
      3. errors or interruption to the Online Services
      4. defects, faults or viruses
      5. changes, suspension or discontinuance of the Online Services
      6. failure to make any changes or improvements to the Online Services
      7. use or results of the use of the Online Services or the materials made available as part of the Online Services which are not correct, accurate, timely, or otherwise reliable
      8. contractual or other relationship you enter into with any other party advertising their goods and/or services on the Website.
   3. You agree to indemnify and hold Aurora Energy harmless from any claims or actions, of whatsoever nature or kind, at law, in equity or arising under any statute or award (including legal costs), by any third party due to or arising out of your use of or conduct on the Online Services, including without limit, Aurora Energy's breach of these Terms.

9. Exclusion of Warranties

   1. Except as provided by:
      1. any terms implied into this agreement by the Trade Practices Act 1974 (Cth) or any other legislation and which cannot under such legislation be excluded, restricted or modified
      2. the express terms of this agreementany written, oral or implied condition, warranty or term of any description, whether under statute or by implication of law, custom or usage relating to the subject matter of this agreement is, to the maximum extent permitted by law, excluded and has no operation and does not affect the rights and obligations of Aurora Energy, unless that condition, warranty or term is recorded and accepted in writing by Aurora Energy.
   2. Without limitation, and to the extent permitted by law, Aurora Energy does not warrant or make any representation regarding:
      1. your access to, or the results of your access to, the Online Services (including any related services or websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise
      2. the suitability, reliability, availability, timeliness, and accuracy of the Online Services for any purpose.
   3. Aurora Energy does not represent or warrant that the Website and any information or material contained in, downloaded or accessible from the Website is free from computer viruses (of any kind) or any other defect or error which may affect your software or systems. You should protect your software or systems by installing and implementing your own security checks and systems.

10. Relationship with other parties advertising on the Website

    1. Any dealings with, or participation in promotions offered by, any party other than Aurora Energy which advertises on the Website, including the delivery of and the payment for goods and services and any other terms, conditions, warranties or representations associated with such dealings or promotions, are between you and that other party and Aurora Energy is not, for the avoidance of doubt, responsible or liable for any part of any such dealings or promotions.
    2. You agree that Aurora Energy may send email, newsletters and other forms of communications (whether or not in electronic form) to you from time to time, on its own behalf and on behalf of other parties advertising goods and/or services on the Website.

11. Amendment of Terms

    1. Aurora Energy may amend the Terms from time to time, at its own discretion.
    2. Aurora Energy will post notice of any amendments to the Terms on the Website.
    3. By continuing to use the Online Services, you are deemed to agree to be bound by the amended Terms.

12. Severability

    1. If a provision of this Agreement is deemed by a court to be illegal, void or unenforceable, such provision will be ineffective to the extent only of such illegality, voidness or unenforceability, without invalidating the remaining provisions of this Agreement.

13. Governing Law and Jurisdiction

    1. These Terms are governed by the laws of Tasmania and the parties agree to be bound by the non exclusive jurisdiction of the Courts of Tasmania.

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