Terms and Conditions

These terms and conditions explain in detail your rights and obligations for using aurora+ and its features, including accessing the digital web and mobile interfaces.

The terms and conditions do not cover the sale or supply of energy to you at your premises or related matters which are covered in your Standard Retail Contract.

More information about aurora+, your Standard Retail Contract and other matters can be found on our website auroraenergy.com.au.

1.            The parties

These terms and conditions are between:

(a)          Aurora Energy Pty Ltd ACN 082 464 622 (referred to as  ‘Aurora Energy’, ‘we’, ‘our’ or ‘us’); and

(b)          You, the customer to whom these terms and conditions apply (referred to as ‘you’ or ‘your’).

2.            Use of aurora+

(a)          We, Aurora Energy, are the owner of aurora+ and operate its key features, including the web and mobile interfaces. We may, at our sole discretion, refuse to offer aurora+ to you, including where you fail to satisfy the pre-conditions detailed in clause 3.

(b)          You agree to be bound by these terms and conditions. Your use of aurora+ and access to its features indicates your acceptance of and agreement with these terms and conditions, as they exist at the time of use.

(c)           We may amend these terms and conditions at any time. If we do so, we will endeavour to provide notice as soon as practicable that changes have been made (e.g. on our website). If you use aurora+ or access its features after a notice of change has been provided, you will be deemed to have accepted the new terms and conditions.

(d)          You agree that use of aurora+ requires compatible devices and internet access, may require certain software, may require periodic updates, and may be affected by the performance of these factors. You agree that meeting these requirements, which may change from time to time, is your responsibility.

(e)          Although you will receive a single energy statement covering charges under your Standard Retail Contract and the product service fee, the terms and conditions covering each of them remain separate. These terms and conditions do not affect your rights and obligations under your Standard Retail Contract.

3.            Pre-conditions – are you eligible?

 

(a)          In order to be, and remain, eligible for aurora+ you must fulfill the following pre-conditions:

(i)            be an Aurora Energy residential or small business customer;

(ii)           have a communications-enabled advanced meter installed at your premises or provide consent for one to be installed; and

(iii)          have a valid email address assigned to your individual Aurora Energy account and provide consent to receive your energy statement by electronic means.

(b)          You must also select a tariff that is compatible with aurora+. The tariffs that are compatible with aurora+ may be updated from time to time at our discretion.

4.            Functionality and compatibility of aurora+

(a)          We may alter the functionality of aurora+ and/or the content and data made available through the digital web and mobile interfaces at any time, with or without notice to you, and, to the full extent permitted by law and subject to these terms and conditions, we will not be liable to you or to any third party should we exercise such rights.

(b)          We are not responsible for assessing your digital device to ensure its compatibility with aurora+ or the digital web and mobile interfaces. You must take all steps required to ascertain the suitability of aurora+ and its features for your individual personal circumstances.

(c)           Some of the features and functionality associated with aurora+ may be dependent on your circumstances, and access to some of the features and functionality may require you to satisfy preconditions in addition to those in clause 3 (such as being on a particular tariff).

5.            Notifications

You agree to receive notifications via the digital web and mobile interfaces and other standard communication channels (e.g. SMS). We are not responsible for you failing to receive notifications, including as a result of you disabling the notifications function on your digital device.

6.            Product service fee

(a)          You agree to pay the applicable aurora+ product service fee, as detailed on our website, for use of aurora+ and its features, including access to the digital web and mobile interfaces. You agree to pay the product service fee whether or not the digital web and mobile interfaces or other features are accessed or utilised. There is a separate product service fee for residential customers and small business customers. If you utilise aurora+ as both a residential and small business customer, you agree to pay both applicable product service fees.

(b)          The product service fee is a set daily charge regardless of your usage of the digital web and mobile interfaces or other features. Nor is it related to the consumption or supply of energy at your premises. The product service fee is distinct from tariffs and charges for the sale of energy under your Standard Retail Contract and will be displayed as a separate line item on your energy statement. You must pay the product service fee by the time indicated on your energy statement.

(c)           The product service fee will become payable from the date your access to aurora+ is activated by Aurora Energy. Subject to clause 6(e), the product service fee will remain payable until your subscription to aurora+ is cancelled, terminated or suspended in accordance with clause 11.

(d)          We may change the product service fee from time to time. Any change to the product service fee will be published on our website before it takes effect. We will also include details of the change with your next energy statement.

(e)          We may choose to waive payment of the product service fee for any period at our sole discretion, including in the case of extended outages within the control of us at Aurora Energy.

7.            Data accuracy

We will use best endeavours to ensure information and other data displayed in the digital web and mobile interfaces is current and up to date. However, we cannot always guarantee the accuracy of all information displayed in the digital web and mobile interfaces which may be affected by a number of factors outside our control, including changes in your consumption behaviour, telecommunication outages and estimated or substituted meter reads. We also do not guarantee the accuracy of information provided by third parties within aurora+ (such as the provision of weather forecasts). When possible we will let you know as soon as possible of any significant data accuracy matters.

8.            Privacy and security

(a)          We will comply with all relevant privacy legislation in relation to your personal information. You can find our Privacy Policy on our website. If you have any questions, you can contact our privacy officer.

(b)          Your credit card information will be stored securely by Aurora Energy’s banking partner and will not be stored in the digital web and mobile interfaces.

(c)           You must ensure that your user name and password details are kept secure and confidential. We will have no responsibility for unauthorised use of, or access to, the digital web and mobile interfaces by a third party, except where such unauthorised use or access is covered by relevant privacy legislation. This includes, but is not limited to, situations where your aurora+ user name and password details are intentionally provided to third parties or where digital web and mobile interfaces remain logged in on public devices.

(d)          To access residential and small business accounts via a single sign on, you must use the same user name and password for both accounts. You agree that, where you intentionally provide your user name and password details to a third party, that they will have access to your residential and small business aurora+ accounts.

9.            Availability

The availability of the aurora+ service and its features may be subject to interruptions from time to time, including planned and unplanned outages. Further, your access to or ability to use it may be affected by telecommunication outages or other events beyond our control.

10.          Risk of viruses

While we will endeavor to control and eliminate any viruses which affect or are transmitted through the aurora+ service, we cannot guarantee that the service will at all times be free of viruses or bugs. You assume all risk for any loss or damage to your software, computer or mobile devices as a result of using the aurora+ service.

11.          Cancellation, termination and suspension

(a)          You may cancel your subscription to aurora+ at any time by providing at least 5 business days’ notice to Aurora Energy. From the date of cancellation of aurora+:

(i)            you will no longer be charged the product service fee;

(ii)           you will retain your user name and password for aurora+ and may continue to access the digital web and mobile interfaces;

(iii)          the digital web and mobile interfaces will continue to display historical transactional information but other data, information and aurora+ features may no longer be available; and

(iv)         you will continue to receive your energy statement electronically and be billed for your account in line with standard billing cycles, unless requested otherwise.

(b)          If you are utilise aurora+ as both a residential and small business customer, you will need to cancel each aurora+ subscription separately.

(c)           Cancellation of aurora+ does not impact or affect any of your rights or obligations under your Standard Retail Contract with Aurora Energy.

(d)          We may terminate or suspend your subscription to aurora+ at any time by providing you at least 30 business days’ notice.

(e)          We may terminate or suspend your subscription to aurora+ immediately if you breach your Standard Retail Contract (including a breach giving rise to disconnection) or a breach of these terms and conditions, including but not limited to, a failure to maintain compliance with the preconditions detailed in clause 3, a failure to pay the product service fee or your energy charges, or unauthorised and unlawful use of the digital web and mobile interfaces or other aurora+ features.

12.          Intellectual property

(a)          All intellectual property in relation to aurora+ and its content, including the digital web and mobile interfaces (but not including your personal data), belongs to Aurora Energy or its licensors. You obtain no interest in that intellectual property. All content which you access through aurora+ is protected by Australian copyright and other intellectual property laws. You may not do anything which breaches those laws or interferes with the intellectual property rights in the content.

(b)          The Aurora Energy logo is a registered trademark of Aurora Energy. Other trademarks may be displayed by aurora+ from time to time. Nothing displayed by aurora+ should be construed as granting any licence or right of use of any logo, trademark or masthead displayed by aurora+, without the express written permission of Aurora Energy.

(c)           You may download and view content or print a copy of material which you access through the aurora+ for personal, non-commercial use provided you do not modify the content in any way.

(d)          All rights not expressly granted under these terms and conditions are reserved by Aurora Energy. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you access using aurora+ without our permission.

13.          Australian Consumer Law

We do not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (Cth) which cannot be excluded, restricted or modified.

14.          Force majeure

 

If we cannot meet an obligation under these terms and conditions because of an event outside its control (‘a force majeure event’):

(a)          the obligation is suspended to the extent it is affected by the force majeure event for as long as the force majeure event continues; and

(b)          we will use our best endeavours to give prompt notice of that fact including full particulars of the event, an estimate of its likely duration, the extent to which our obligations are affected and the steps being taken to remove, overcome or minimise those effects.

15.          General

(a)          You may not use the digital web and mobile interfaces or other features of aurora+ for any purpose or in any way which is unauthorised or unlawful.

(b)          These terms and conditions shall be governed by and interpreted in accordance with the laws of Tasmania.

(c)           You agree to submit to the exclusive jurisdiction of the courts of Tasmania and the Commonwealth of Australia in respect of all matters arising out of or relating to these terms and conditions, their performance or subject matter.

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