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Terms and Conditions

Terms and Conditions

Please read these terms and conditions carefully before you use the Energy Deal website or call centre.

By using the Energy Deal website or call centre you indicate that you accept these terms and conditions. If you do not accept these terms and conditions you must not use the Energy Deal website or call centre.

PARTIES
This Agreement is made between you the customer ("Customer") and Pack Leader Pty Ltd, ABN registered in Australia having its registered office at Level 4 973 Nepean Hwy Moorabbin VIC 3189 ("Energy Deal");

In this Agreement, unless the context otherwise requires:

"Internet" means the global data network comprising interconnected networks using the TCP/IP ("Transmission Control Protocol/Internet Protocol");

"Law" means any law, statute or regulation, guideline or code of conduct (whether or not having the force of law) in any jurisdiction to which Energy Deal or the Customer is from time to time subject;

"Save-a-Search" means the service that the Customer may register to receive on the Energy Deal website, which is designed to enable the Customer to, amongst other things, save the searches that the Customer conducts through the site;

"Service" means the service provided by Energy Deal via the Energy Deal website or call centre whereby the Customer may obtain impartial information on the Suppliers and the services and products they offer and, potentially transact with the Suppliers for the provision of those services and/or products;

"Software" means any proprietary software utilised by Energy Deal to enable the Customer to use the Service;

"Supplier" means any supplier of services, products and/or goods selected by Energy Deal from time to time and who is listed on the Energy Deal website. Energy Deal reserves the right to amend these terms and conditions at any time. All amendments to these terms will be posted online. The Customer may terminate the Agreement by written notice to Energy Deal if the Customer does not wish to be bound by such new terms and conditions. Continued use of the Service or the Energy Deal website will be deemed to constitute acceptance of the new terms and conditions.

PROVISION OF THE SERVICE

Use of the Services, the Energy Deal website and the Energy Deal call centre are subject to the terms and conditions set out in this Agreement.

The Service is made available to Customers solely to communicate information and to permit the Customer to obtain quotations from Suppliers or transact with Suppliers.

Energy Deal will not be party to any such transactions with Suppliers and all such transactions are subject to the terms and conditions of the relevant Supplier and Energy Deal shall in no circumstances have any liability whatsoever in respect of any such transaction.

Energy Deal will not be responsible for any loss, cost or damage incurred by Customers arising out of or in relation to the transaction or attempt to enter into a transaction (including but not limited to failure to transmit or deliver any services, products or goods).

The Customer acknowledges that where relevant Energy Deal may pass his or her details to Suppliers or potential suppliers for the purpose of attracting offers to supply services from such Suppliers or potential suppliers.

Energy Deal will obtain the Customers consent prior to sending such details to Suppliers or potential suppliers.

Energy Deal does not warrant and excludes all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Services on or accessed via the Energy Deal website, the Energy Deal call centre or otherwise sent to the Customer and the Customer agrees that sole responsibility for the accuracy, completeness, fitness for purpose or legality of information relating to Supplier's information, goods or services shall rest with the Supplier.

Energy Deal will use all reasonable endeavours to ensure that the information relating to Suppliers' services and the cost of such services is updated regularly. However, the Customer acknowledges that the prices are not updated every day and that it is the Customer's responsibility to verify prices with the Supplier.

Energy Deal does not guarantee to provide the Service free of faults. In the event of a fault in the Service, the Customer should report it by telephone on the support number provided to the Customer.

Energy Deal does not warrant that the Customer's use of the Service will be uninterrupted and does not warrant that any messages or information transmitted via the Service will be transmitted accurately, reliably, in a timely manner or at all.

Energy Deal reserves the right to make the Service unavailable at any time, or to restrict access to parts or all of it without notice.

Energy Deal may at any time withdraw any Supplier (or any product or service of a Supplier) from the Service. Without limitation, the Customer undertakes not to use or permit anyone else to use the Services or Energy Deal website:

  • to send or receive any material which is grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
  • to cause annoyance, inconvenience or needless anxiety;
  • to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
  • other than in conformance with accepted Internet practices and practices of any connected networks; or
  • in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.

If the Customer uses (or anyone other than the Customer, with Customer's permission uses) the Service in contravention of this Agreement, Energy Deal may suspend the Customer's use of the Services.

If Energy Deal suspends the Services, it may refuse to restore the Services until it receives an assurance from the Customer, in a form deemed acceptable by Energy Deal that there will be no further breach of the provisions of this Agreement.

Energy Deal reserves the right to block access to and/or to edit or remove any material which in its reasonable opinion may give rise to a breach of Clause 2.

The Customer grants Energy Deal a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any material transmitted by the Customer via the Services, save where such message is transmitted by way of private correspondence.

Title, ownership rights and intellectual property rights in and to the content accessed using the Services is the property of the applicable content owner or Supplier and may be protected by applicable copyright or other law. The Agreement gives the Customer no rights to such content.

The following uses of the Services are expressly prohibited:

  • resale of the Services and/or the Supplier's services, products and/or goods without the prior written consent of Energy Deal or the relevant Supplier;
  • furnishing false data including but not limited to false names, addresses and contact details and fraudulent use of credit/debit card numbers;
  • attempting to circumvent Energy Deal's security or network including, but not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorised to access, or probing the security of other networks;
  • executing any form of network monitoring which will intercept data not intended for the Customer;
  • sending unsolicited mail messages, including the sending of "junk mail"; or other advertising material to individuals who did not specifically request such material. The Customer is explicitly prohibited from sending unsolicited bulk mail messages. This includes, but is not limited to, bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, the Customer may not send that person any further email;
  • creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
  • malicious email, including, but not limited to, "mail-bombing" (flooding a user or site with very large or numerous pieces of emails); and
  • entering into fraudulent transactions with Suppliers (which shall be include but not be limited to entering into transactions purportedly on behalf of a third party where the Customer has no authority to bind that third party or the Customer pretending to be a third party);
  • unauthorised use, or forging, or mail header information.
PAYMENT

Use of the Energy Deal website is currently free. However, Energy Deal reserves the right to charge the Customer for certain services or impose charges for use of services that were free. The Customer will be clearly notified of any applicable charges before any such services can be selected or before any charges are levied.

The Customer shall be responsible for transmitting all payments due to Suppliers on the terms agreed with the relevant Supplier and Energy Deal shall have no responsibility for transmission of payments to a Supplier. Certain Suppliers will require details of the Customer's credit or debit card and the Customer hereby agrees to provide such details to Energy Deal where necessary and to the forwarding of such details by Energy Deal to the relevant Supplier.

CUSTOMER'S OBLIGATIONS

Energy Deal will inform the Customer of any applicable terms and conditions imposed by a Supplier, in relation to the supply of its services, products and/or goods and the Customer agrees to abide by those terms and conditions.

The Customer acknowledges that the Customer will be required to fully and accurately complete a registration process, which will include the creation of a password, in order to have access to Save-a-Search.

The Customer warrants that all information provided on registration and during the course of this Agreement is true, complete and accurate and that the Customer shall promptly inform Energy Deal of any changes to such information.

Any password allocated to or created by the Customer to enable the Customer to use the Services shall be kept confidential by the Customer and the Customer shall immediately notify Energy Deal if any authorised third party becomes aware of that password. The Customer agrees that any person to whom its user name or password is disclosed is authorised to act as the Customer's agent for the purposes of transacting via the Service.

The Customer shall take reasonable steps to prevent unauthorised access to its account via any computer the Customer uses to access its account.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements) whether registered or unregistered) in the Energy Deal website, information and content on the Energy Deal website, any database operated by Energy Deal and Software shall remain the property of Energy Deal and the Customer shall not obtain, and shall not attempt to obtain any title to any such intellectual property rights.

No part of the Service may be reproduced in any form or used in any other way except in accordance with these terms and conditions.

Energy Deal logo is a registered trade mark of Energy Deal. You must not use these or any other registered or unregistered trade marks on the Service without the prior written permission of Energy Deal.

Energy Deal grants the Customer a non-exclusive non-transferrable licence to use the Software solely in executable form and only to the extent necessary for use of the Service and for no other purpose.

TERMINATION

Energy Deal shall be entitled to suspend the Services and/or terminate this Agreement if:

  • the Customer commits a breach of Clauses 2.9, 2.10, 2.11 and 2.15 which in Energy Deal's reasonable opinion is serious enough to merit immediate termination; or
  • the Customer commits any breach of these terms and in the case of a breach which is capable of remedy, fails to remedy the same within 7 days after receipt of a notice giving particulars of the breach requiring it to be remedied; or
  • Energy Deal suspects on reasonable grounds that the Customer may have committed or be committing any fraud against Energy Deal or any Supplier.
  • The right to terminate this Agreement shall not prejudice any other right or remedy of Energy Deal in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
CUSTOMER BREACH

The Customer shall compensate Energy Deal in full for each loss, liability or cost incurred by Energy Deal arising out of:

  • any claims or legal proceedings arising from the Customer's use of the Services or use of the Services through the Customer's password which are brought or threatened against Energy Deal by any other person; or
  • any breach of this Agreement by the Customer.
LIMITATION OF LIABILITY

Energy Deal will use its reasonable endeavours to ensure that information provided to it by Suppliers is accurate but we cannot guarantee the accuracy, completeness, legality or suitability for the Customer's needs of any information accessed using the Services.

Energy Deal will accept liability for the transmission or the reception of, or the failure to transmit or to receive, material except where such transmission, reception or failure is caused by or relates to third party or Customer systems.

Except for the circumstances set out at clauses 8.1 and 8.3 above, Energy Deal will not be liable for any loss or damage suffered as a result of any use of the Services, including any direct loss or damage, and any loss or damage which could not be contemplated by the Customer and Energy Deal at the time of the Customer's use of the Services. Energy Deal also has no liability for any failure by a Supplier to supply its services properly or at all. That liability rests with the Supplier with whom the Customer has contracted. In the event the Customer is using the Services for commercial purposes, no liability for loss of revenue, profits or other economic loss, or for corruption or destruction of data, arising out of a breach of this Agreement can be accepted by Energy Deal.

DATA PROTECTION

Energy Deal shall comply with all applicable data protection laws in Australia. For a description of how Energy Deal uses personal data the Customer should refer to Energy Deal's privacy policy.

NO PARTNERSHIP / AGENCY

Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between the Customer and Energy Deal and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

ASSIGNMENT

The Customer shall not assign or delegate or otherwise deal with all or any of its rights or obligations under this Agreement. Energy Deal shall have the right to assign or otherwise delegate all or any of its rights or obligations under this Agreement to any person or entity.

FORCE MAJEURE

Energy Deal shall not be liable for any breach of its obligations under this Agreement where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including without limitation by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

ENTIRE AGREEMENT AND NO WAIVER

This Agreement represents the entire understanding between the parties in relation to the subject matter herein and supersedes all other agreements or representations by either party, whether oral or written. No waiver by Energy Deal of any future defaults, whether of a like or different character. No granting of time or other forbearance or indulgence by Energy Deal to the Customer shall in any way release, discharge or otherwise affect the liability of the Customer under this Agreement.

NOTICES

Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than for the purpose of legal process) sent by fax or pre-paid post to the Customer at the address supplied to Energy Deal or to Energy Deal at its address as specified on the Energy Deal website.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of Australia and both parties hereby submit to the non-exclusive jurisdiction of the courts of Australia.

Privacy Policy – Energy Deal

This privacy policy forms part of Energy Deal's terms and conditions. Once you have provided your personal details on this website you will be deemed to have read and accepted this privacy policy.

Energy Deal is committed to protecting your privacy. We use the information that we collect about you to process your switch and to inform you about other services we provide.

The site is operated by Pack Leader Proprietary Limited; a company incorporated in Australia (ABN 03612689), the registered office of which is Level 4 973 Nepean Hwy Moorabbin VIC 3189 ("Energy Deal"). Energy Deal complies with all applicable Australian Data Protection legislation currently in force in relation to its treatment of personal information. This privacy statement sets out the policy in relation to how any personal information collected from you through your use of this site is used.

What personal information do we collect?

In order to process a switch, we collect your name, address and may collect payment details and other details to process the switch. We also collect your email address and phone number. These details allow Energy Deal and your new supplier to contact you about the switch and any other information which Energy Deal believes may interest you. If you abandon your switch, we may email or call you to give you the opportunity to compare again and/or to provide feedback on our switching process.

How do we use your personal information?

If you have requested to switch suppliers, we will use your personal information to process that switch. This will include passing your information to the new supplier. Energy Deal may disclose and use personal information collected about you within its own organisation (including its representatives) for the purpose of internal business administration, analysis and marketing. As your preferred energy broker, from time to time we may contact you with information about products and services offered by Energy Deal and its partner businesses, which we believe may be of interest to you. If we contact you, it may be via mail, telephone, email, SMS or social media. As a result of using the Energy Deal service, your consent to receive direct marketing communications, as per the above, will be deemed to have been given, and it will remain current for an indefinite period of time unless and until you advise us otherwise. You can opt-out of receiving direct marketing at any time. If you wish to unsubscribe from future marketing and promotional material, please email "Unsubscribe" to unsubscribe@energydeal.com.au

Energy Deal may also disclose personal information collected about you to third parties, for the purposes of completing any transaction you are undertaking with us, for providing any goods or services to you or for the purposes of associated administration or obtaining professional advice. If you enter a contest or another promotion, we will use the data so that we can administer the contest and notify winners. If you have requested to be kept informed of services that we offer, we will contact you with these details. If during your visit to one of our energy calculators, you elect to continue by accepting the terms of our Privacy Policy, we may pass the details you submitted to our quote engine on to one of our representatives. By indicating that you have read and understood this Privacy Policy, you are agreeing to allow Energy Deal to pass on your personal data to the relevant supplier. If necessary the supplier might contact you to discuss your energy quotes. Without clicking 'Continue' or 'Find Suppliers' you will be unable to complete the energy quotation process. Our representatives or suppliers contact individuals by phone who started the energy quote process but do not buy a policy or switch, in order to offer them competitive quotes or further assistance. They are only authorised to help you with this particular quote and only within a limited amount of time after you have used our service. They have agreed not to use your details for any other purpose. If while comparing energy retailers with us you provide us with your phone number, name, address and postcode, we may pass these details - and the information you have submitted on the site - on to one of our sales agents to contact you and discuss your needs. By entering this information you are agreeing for us to pass your personal data to our panel of retailers and for them to contact you by phone or email to discuss your requirements. They will only contact you in relation to this enquiry for a limited time after you have used our service. They will not use your details for any other purpose.

If during your visit to our business energy service, you elected to continue by accepting the terms of our Privacy Policy, we may pass the details you submitted into our web form onto one of our representatives. By indicating you have read and understood this Privacy Policy you are agreeing for us to pass your personal data to one of these representatives and for them to contact you by phone or email to discuss your requirements and provide business energy quotations. Without clicking 'continue' you will be unable to complete the business energy web form process. The representatives will only contact you in relation to this enquiry for a limited time after you have used our service. They will not use your details for any other purpose. If during your visit to the energy calculator you opted in for our marketing you will be called by one of our representatives in order to help you with your enquiry.

We monitor traffic patterns and site usage. Under the Privacy Act 1988 and National Privacy Principles we follow strict security procedures in the storage and disclosure of information which you have given us, to prevent unauthorised access.

For these purposes we may send your information internationally. Other countries offer differing levels of protection for personal information, not all of which will be as high as the levels of protection offered in Australia.

Accessing personal data

You can contact us to ask whether we are keeping personal data about you, by sending an email to enquiries@energydeal.com.au. Upon request, we will provide you with a readable copy of data which we hold about you. If you ask us to delete, correct or amend that personal data we will do so within a reasonable time.

If you have any queries relating to your personal data please contact us at:
General Manager

Energy Deal
Level 4 973 Nepean Hwy Moorabbin VIC 3189

Alternatively, you can call us on energy deal 1300 368 886.

Your consent

By disclosing your personal information to Energy Deal, you consent to the collection, storage and processing of your personal information in the manner set out in this Privacy Policy.

  • Use of cookies and third-party advertising technology

    Non-personalised Energy Deal online banner advertising

    We use third-party advertising technology to serve ads when you visit our website and sites upon which we advertise. This technology uses information about your visits to this website and the sites upon which we advertise to serve our ads to you. In the course of serving our advertisements to you, a unique third-party cookie may be placed or recognized on your browser. In addition, we use web beacons, provided by our third-party ad server, to help manage and optimise our online advertising. These web beacons enable our ad server, on our behalf or on behalf of our agent, to recognize a browser's cookie when a browser visits this site, and to learn which banner ads bring users to our website. Our third-party ad server is performing its functions on our behalf or on behalf of our agent, and we may, directly or indirectly, instruct such ad server to enable other service providers to receive information about our site related to our online advertising.

  • Personalised gas & electricity results advertisements

    Part of this activity includes personalised retargeting display advertisements, which use information collected from your visit to Energy Deal to make them more relevant to you. They also provide you with an easy way to revisit the results you saw during your comparison. We understand privacy is very important to our customers, and want to reassure you that we do not share personally identifiable information with 3rd parties while providing this service.

  • How does Energy Deal use cookies?

    Energy Deal collects information about your preferences in relation to this site by analysing site traffic, which includes the use of cookies. A cookie is text file which is stored on your computer and is sent by a web server to a web browser, which enables the server to collect information back from the browser. This enables us to identify if you have visited Energy Deal before.

    We use cookies to help us analyse traffic on our site and customer behaviour. Cookies may also be used by our partners to understand marketing and traffic patterns. During the course of any visit to Energy Deal, the pages you see, along with a cookie, are downloaded to your computer. Any information that is supplied by cookies can help us to provide you with a better service and assists us in analysing the profile of our visitors.

    Most web browsers automatically accept cookies, but normally you can alter your browser settings to prevent automatic acceptance, if you prefer. If you opt not to receive our cookies, we cannot guarantee that your experience with our website will be as quick or responsive as if you do receive cookies.

    We do not store passwords or any other information about a visitor in a cookie that could identify them, their location, their preferences or their financial activity.