Powerup Customer Terms and Conditions

Important – Please Read

These are the terms and conditions between you and the Australian Consumers’ Association Limited (referred to as “CHOICE” or “us” or “we” in these terms)
Please read these terms carefully before proceeding to send us your details. If you proceed, these terms will be part of a legally binding contract between us which will cover your use of the website and the services we provide.
These terms cover important parts of our agreement including what we will do for you, your obligations and how our agreement can be amended or terminated.
We suggest that you print out and keep a copy of these terms and that you contact us using the details at the end of this document if you have any questions.

 

Overview – How our Agreement will Operate

While we urge you to read the whole of these Terms, we thought it might be useful to provide a brief overview. We anticipate that our Agreement will typically operate in the following manner:

  • You will provide your details to us via our Website.
  • We will use your details to source a new energy provider with a view to providing you with a saving of at least $150 a year on your energy account.
  • We will switch your energy account to the new energy provider and inform you that this is in progress.
  • At that time, we will debit an annual subscription fee (as detailed on the website) from your credit card account.
  • We may repeat the second and third steps above during the term of our Agreement at our discretion but will not charge you any further fee during that time.

The Finer Details

Our Agreement

1. I acknowledge that:

  • by forwarding my details to CHOICE via the Website, I am agreeing to these Terms and the CHOICE Privacy Policy; and
  • I am agreeing to allow CHOICE to act as my agent for a period of twelve months as set out in more detail below.

When our Agreement begins and ends

2. Our Agreement begins:

  • when you submit your details to us through the Website.

3. Our Agreement ends:

  • at the expiration of twelve months after you send your information to us via our Website; or
  • earlier if either of us terminates the Agreement as provided in more detail in these Terms below.

My authority for CHOICE to act as my agent

4. I authorise CHOICE to:

  • select an energy provider for me;
  • apply to energy providers in my name;
  • take all necessary steps to create a binding agreement between me and a third party energy provider; and
  • access my information held by the third party energy providers.

5. I authorise CHOICE to:

  • repeat the authorised activities described above on my behalf at its discretion for as long as our Agreement remains on foot.

What CHOICE will and will not do to help me under our Agreement

6. CHOICE will:

  • review the energy market to determine the most suitable energy provider for me;
  • from time to time at its discretion, take all necessary steps to change my energy provider; and
  • repeat that process from time to time at its discretion while our Agreement remains on foot.

7. CHOICE will:

  • notify me of its decision to change my energy provider by email or another mode of communication we agree on; and
  • in the event that CHOICE is unable to bind me to the most favourable energy provider, bind me to the next most favourable provider available.

8. CHOICE will not:

  • otherwise communicate with my energy supplier;
  • otherwise participate in my agreement with any energy supplier;
  • otherwise act in providing energy supplies to me;
  • be responsible for any acts or omissions of a third party energy supplier; or
  • deal with customers or energy suppliers outside Australia.

9. CHOICE will:

  • receive fees from me in connection with this Agreement in the manner set out in more detail below.

10. CHOICE will not:

  • receive any form of fee commission or incentive from an energy supplier in connection with the provision of energy supplies to me.

My responsibility for provision of information

11. I acknowledge that I must:

  • provide accurate information to CHOICE to enable it to properly switch my energy providers;
  • ensure that any information I provide to CHOICE is not misleading in any respect;
  • ensure that any information I provide to any third party energy provider is complete, correct and accurate and not misleading in any sense;
  • inform CHOICE of any energy providers which, for any reason, will be unsuitable to me;
  • review the suitability of any new energy provider CHOICE notifies to me;
  • inform CHOICE promptly if that energy provider is unsuitable or if, for any other reason, I do not wish to proceed;
  • obtain the permission of any other person for which I provide details to CHOICE; and
  • keep confidential any user name or password in respect of the Website.

My responsibility with energy providers

12. I acknowledge that:

  • a third party energy provider may reject an offer made by CHOICE on my behalf for reasons outside the control of CHOICE or myself;
  • any agreement which CHOICE arranges for me with a third party energy provider is a separate agreement between me and the energy provider; and
  • I must adhere to the terms and conditions of any such separate agreement with the third party energy service provider including my obligation to pay energy bills.

13. I will not:

  • apply, separately to CHOICE, to any energy provider on my own behalf while this Agreement is on foot.

My responsibility if I change my mind

14. If I do not want to be bound to a new energy provider CHOICE switches me to:

  • I acknowledge that CHOICE does not offer any cooling off rights under this Agreement;
  • I will act promptly to take advantage of any cooling off rights offered by the energy provider;
  • I will take my own steps to cancel any agreement I have with the new energy provider;
  • I will be responsible to the energy provider for any fees and charges incurred as a consequence of my change of mind;
  • I will not seek a refund from CHOICE of my payment under this Agreement; and
  • I will notify CHOICE promptly of my decision.

The Website

15. CHOICE will:

  • provide access to the Website for the purposes of this Agreement.

16. CHOICE does not:

  • guarantee that the Website will be free of interruption and notes that such interruption may occur for reasons outside its control.

17. CHOICE may:

  • suspend, restrict or terminate my access to the Website at any time; and/or
  • amend the content of the Website at any time without notice.

CHOICE’s use of my information

18. I acknowledge that CHOICE may:

  • use the information I provide it with in accordance with this Agreement and its Privacy Policy;
  • use the information to perform the services described in this Agreement; and
  • provide any or all of the information I provide it with to third party energy providers.

My use of the Website

19. I acknowledge that I may:

  • use the Website and the associated services for my own purposes.

20. I will not use the Website or associated services:

  • to obtain commercial gain beyond my personal energy cost saving;
  • in a disparaging or inappropriate manner or otherwise in a manner which would cause harm to other people; or
  • in a way which places an undue burden on CHOICE’s systems.

21. I will not:

  • tamper with or otherwise amend or cause harm to the Website.

CHOICE’s intellectual property rights

22. CHOICE is:

  • the owner of all copyright in the Website;
  • the owner of all trademarks displayed on the Website;
  • the licensee of certain of the software and other technical content of the Website; and
  • the owner of all design rights and other intellectual property rights in the Website.

23. I will not:

  • reproduce the Website or any part of it;
  • use or reproduce any of the displayed trademarks on the Website; or
  • use any of the other intellectual property rights of CHOICE or its licensors in the Website other than for the purposes of this Agreement.

CHOICE’s liability to me

24. CHOICE shall be liable:

  • to the extent that it must assume liability under the Australian Consumer Law;
  • for its negligent acts; and
  • for its fraudulent acts.

25. However, CHOICE’s liability shall be limited to:

  • an amount equal to the amount of fees I have paid to CHOICE under this Agreement; and
  • the provision of any further remedy required of CHOICE by the Australian Consumer Law.

26. CHOICE shall not be liable for:

  • any losses of profit or any other losses of a consequential nature; or
  • any loss occasioned by my breach of the Agreement.

27. CHOICE shall not be liable for:

  • performance of my agreement with any third party energy provider;
  • any acts or omissions of the third party energy providers;
  • any information provided by the third party energy providers;
  • any errors or omissions in the information provided by me;
  • any inability for me to access the Website; or
  • any losses beyond its reasonable control occasioned by my use of the Website such as any losses arising from the electronic transmission of information.

How we resolve disputes

28. In the unlikely event of a dispute between us:

  • please contact us using the contact details at the end of these Terms.

29. We will then:

  • contact you promptly;
  • discuss your complaint in good faith and in a non-threatening manner; and
  • make all reasonable efforts to resolve any dispute between us.

30. If you are still dissatisfied following the steps referred to above:

  • you should obtain independent advice.

When and how I must pay CHOICE

31. I must pay CHOICE:

  • when CHOICE sources a third party energy provider for me and notifies me that it is in the process of switching my energy account; and
  • an annual subscription fee inclusive of GST as detailed on the Website

32. CHOICE will obtain any necessary payment from me:

  • by debiting my credit card for an annual subscription fee as detailed on the Website ;
  • without further notice to me; and
  • regardless of whether I proceed with the third energy provider CHOICE has sourced for me.

33. CHOICE will not:

  • charge me additional amounts of fees or subscriptions if CHOICE switches my energy provider again during the twelve month period of our Agreement.

CHOICE’s protection of my information

34. CHOICE shall treat the information I provide:

  • in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles; and
  • in accordance with the Privacy Policy.

35. CHOICE may disclose my personal information:

  • for the purposes of this Agreement;
  • to third party energy providers;
  • to communicate with me;
  • to obtain payment from me; and
  • if required to by law.

My use of websites of third party energy providers

36. I acknowledge that CHOICE may:

  • direct me to the website of a third party energy provider from its Website; or
  • provide the details of a third party energy provider website to assist me in accessing that website.

37. Any access by me to a third party energy provider website:

  • shall be subject to the terms and conditions of that website;
  • shall not be subject to the same terms and conditions as CHOICE’s Website; and
  • is at my own risk.

38. I acknowledge that CHOICE does not:

  • take any responsibility for the content of third party websites;
  • recommend or endorse the content of any third party energy provider websites beyond any switching of my providers; or
  • accept any responsibility for liability arising from my use of the website of a third party energy provider.

How our Agreement may be terminated

39. I may terminate the Agreement within the twelve month period:

  • immediately if CHOICE is in breach of the Agreement; or
  • for any reason upon providing CHOICE with fourteen (14) days’ notice.

40. If I wish to end the Agreement early and CHOICE is not at fault I acknowledge that:

  • CHOICE reserves the right to retain all or part of the sum of the subscription fees paid to it under the Agreement;

41. CHOICE may end our Agreement within the twelve month period and immediately if:

  • I breach the Agreement;
  • its continued performance of the Agreement becomes illegal or causes it loss of reputation;
  • I do not provide CHOICE with sufficiently updated details to enable it to perform the Agreement;
  • I do not provide CHOICE with sufficient details to enable it to debit my credit card for fees; or
  • my credit card is declined
  • any provider of technical services necessary for the agreement ceases to provide such services.

42. If CHOICE refunds money or charges me a termination fee under this Agreement, I acknowledge that CHOICE will:

  • debit or credit these amounts, as the case may be, to the credit card I have supplied details of.

CHOICE’s right to amend this Agreement

43. CHOICE may:

  • from time to time, amend these Terms; and
  • post the amended terms on its Website.

44. CHOICE will not:

  • use this method of variation to vary the amount of fees under this Agreement.

45. Any amended terms will apply to CHOICE and I if:

  • CHOICE posts the amended version on its Website;
  • fourteen days after posting, I have not objected; and
  • fourteen days after posting, I have not terminated this Agreement.

Some general terms

46. If any of these Terms is held to be unlawful or unenforceable:

  • the remainder of these Terms shall still be valid, enforceable and on foot.

47. If CHOICE fails or is delayed in exercising any right under this Agreement:

  • this will not in any way prevent CHOICE from exercising that right.

48. CHOICE may:

  • transfer its rights and obligations under this Agreement to another party provided that I am not prejudiced in accessing the Website or receiving the benefit of the Agreement.

49. I acknowledge that I may not:

  • assign or transfer my rights under this Agreement to any other person.

50. The law and Courts governing this Agreement:

  • shall be the law and Courts in place in New South Wales.

Some definitions

51. In these Terms, a reference to:

  • “Agreement” means the agreement between us formed when you send us your details and which includes these Terms.
  • “Privacy Policy” means the CHOICE Privacy Policy found at http://choice.com.au/privacy.
  • “Terms” means the contents of this document.
  • “Website” means the CHOICE Power Up Website found at http://choice.com.au.

Acknowledgement

I acknowledge that the CHOICE Privacy Policy can be found at http://choice.com.au/privacy

Our contact details are as below:

Company Name: Australian Consumers Association Limited (CHOICE)

Website: http://choice.com.au

Address: 57 Carrington Road, Marrickville NSW 2204, AUSTRALIA

Customer Support Phone: 1800 069 552

Customer Support Email: ausconsumer@choice.com.au