My Account and Mobile App Terms and Conditions

1.1 About these terms and conditions (Agreement):
(a) This Agreement governs you (whether personally or on behalf of a company) and AGL (us, we or our), in relation to your access to and use of the AGL online services provided at www.agl.com.au/myaccount (MyAccount) as well as any AGL mobile application (App) or other web based portal (together, Online Services).
(b) The Online Services enable you to view and manage certain AGL products and services that have been linked to your MyAccount profile.
(c) This Agreement sets out the terms on which we agree to give you access to use of the Online Services. Other terms and conditions contained in the AGL privacy policy (available at www.agl.com.au/privacy) and our websites also form part of our agreement with you. Please read them carefully before proceeding.
(d) Your download, use and access of the Online Services is conditional on and constitutes, your agreement to be bound by this Agreement.

1.2 General
(a) You must comply with all applicable Laws in accessing and using the Online Services and you mustn’t do anything with the Online Services which is not authorised under this Agreement.
(b) In order to use the Online Services, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications which may change from time to time as we update our software.
(c) You acknowledge and agree that:
    (i) any software or hardware (including computers, computer systems or other communications devices) that you use to use or access the Online Services is in your sole responsibility and control, must be properly functioning, free from viruses, bugs, malicious codes or other threats that may result in disruption and connected to the Internet in order for the Online Services to be provided;
    (ii) we are not responsible in any way for your Internet network, computer, mobile phone or data including its set-up, maintenance and cost (including data usage costs) associated with your use of the Online Services;
    (iii) the operation and availability of the Online Services is dependent on the availability and functioning of certain services including telecommunication and web-based chat services. We do not control these services and are not responsible for these services or the effect on the Online Services; and
    (iv) we may be required to test or maintain the Online Services and associated equipment, hardware and software used to provide the Online Services from time to time, which may result in downtime or suspension of the Online Services. To the extent permitted by Law, we have no liability for any loss whatsoever arising from or in connection with such testing or maintenance action.

1.3 Intellectual property
(a) All intellectual property rights in the Online Services belong to us or our licensors. We grant to you, and you accept, a non-exclusive, non-transferable limited licence to use the Online Services strictly in accordance with this Agreement.
(b) Any intellectual property developed or created by you during the performance of this Agreement (including for the avoidance of doubt any feedback, ratings or comments you make in the Online Services) vests in us immediately upon its creation and you assign all right, title and interest in such Intellectual Property to us and will do any further acts or execute any documents required by us to effect such assignment.
(c) You must not breach an obligation to another person in respect of intellectual property rights or infringe any intellectual property rights of another person.

1.4 Liability
(a) You may be entitled to statutory consumer guarantees under the Australian consumer law in connection with our supply of the Online Services under this Agreement. Nothing in this Agreement is intended to exclude, restricted or modify the application of those guarantees.
(b) Subject to subclause 1.4(a), and to the extent permitted by law:
    (i) all guarantees, conditions and warranties, express or implied, by law, custom or otherwise are excluded and our liability for any Loss arising from a breach of such guarantees, conditions and warranties, or this Agreement, is limited to the supply of Services again or the payment of the cost of having such Online Services supplied again;
    (ii) we will not be liable for any loss which you pay, suffer, incur or are liable for any reason, including as a result of delay, negligence or any act, advice, matter or thing done or permitted or omitted to be done by us, our employees, contractors or agents in any way connected with or arising out of this Agreement;
    (iii) you will be liable for and you indemnify us against any loss which we pay, suffer, incur or are liable for in connection with any breach of this Agreement, or negligence, by you or as a result of us exercising our rights under this Agreement;
    (iv) While we will use reasonable care in providing the Online Services to you, we can’t guarantee that the Online Services will always be free from faults; and
    (v) We may ask you to provide additional details or require you to confirm your details to enable us to continue to provide you Online Services. You agree to provide us with current, complete and accurate details when asked to do so.

1.5 Variations
(a) We may modify, upgrade or make other changes to the Online Services from time to time in our absolute discretion
(b) Supplemental terms or variations to this Agreement may be made by AGL from time to time and are expressly incorporated herein by reference. We may provide notice of supplemental terms or variations using your contact details or post such variations in the Online Services. If you do not agree with all of these supplemental terms or variations, then you must discontinue use immediately.

1.6 Accuracy of information
(a) Online Services has functionality that may let you explore your energy profile, including energy usage charges and the kWh or MJ usage amounts from your current and previous billing periods. Usage charges, kWh or MJ usage amounts, account balances, generation and other information or representations displayed in the Online Services are indicative only and should be used as a guide only. Such information may use delayed data, use assumptions or be based on estimates only. Any information provided in the Online Services may differ from your final bill and does not replace your actual bill. Without limiting the foregoing:
    (i) Data delays:
        (A) For digital metered accounts, data may be delayed by a minimum of one (1) day. .
        (B) For non-digital metered accounts, data may be delayed until your next bill is issued, which may be up to three months.
    (ii) Charges:
        (A) For non-digital metered accounts, where your ‘usage’ or ‘usage charge’ is shown, this figure includes usage charges only. It does not include other charges such as supply, demand or green charges and excludes all energy plan discounts. It does not include concessions, solar feed-in tariffs or other once off charges or benefits.
        (B) For digital metered accounts:
            o ‘Cost to date’: this figure includes any applicable guaranteed or double up discounts but excludes pay on time and direct debit discounts. It includes supply and usage charges but excludes fees and other charges such as demand and green charges. It does not include concessions, solar feed-in tariffs, credits or other once off benefits.
            o ‘Bill projection’: this projection is based on an estimate of your usage for the current billing period, which is estimated based on historical usage. It includes any applicable guaranteed or double up discounts but excludes pay on time and direct debit discounts. This estimate includes supply and usage charges but excludes fees and other charges such as demand and green charges. It does not include concessions, solar feed-in tariffs, credits or other once off benefits.
            o ‘Usage’ or ‘Usage Charge’: this amount includes usage charges only inclusive of any applicable guaranteed or double up discounts. It does not include other charges such as supply, demand or green charges and excludes conditional discounts such as direct debit or pay on time discounts. It does not include concessions, solar feed-in tariffs or other once off charges or benefits.
        • AGL may use estimates where actual data is not available.
        • Estimates of your “projected bill” may vary substantially from your actual final bill depending on a number of factors outside of AGL’s control, including changes in your behaviour, conditional discounts and bill adjustments.
        • Bill payments you have made may not be reflected in the Online Services for a few days.
        • Solar generation and export data may not be displayed in certain versions of Online Services. Please refer to your actual bill for this data.
        • Your energy bill, which you may be able to download from the billing tab when using the web based MyAccount Online Services, may display different energy Usage charges and is a more accurate reflection of these figures.
(b) By using Online Services, you agree not to attempt to rely on the estimates and indicative figures shown in place of your actual energy bills.
(c) To the extent permitted by law, we accept no liability for:
    • any errors in, or omissions from, any information referred to or made available in the Online Services; and
    • liability for any loss suffered or incurred by you or any person arising from or in connection with you or that person placing any reliance on the information or its accuracy, completeness, currency or reliability
(d) Please view our FAQs for further details.

1.7 Termination
(a) We may terminate this Agreement or suspend your account (and any related accounts) and your access to the Online Services at any time upon 7 days’ notice.
(b) Without limiting the foregoing, if, in our opinion, you engage in any unlawful activity, dishonest activity (including if you breach your obligation under this Agreement) we may withhold or suspend our performance of this Agreement immediately, without affecting our accrued rights and obligations.

1.8 Security:
(a) You must keep your login details secret and ensure that you check your email for any relevant updates we may send you.
(b) If you store credit card details on your mobile phone, please protect your security with a security code.
(c) While you’re logged in to Online Services, anyone with access to your phone or computer screen will be able to view the information provided in the Online Services. We recommend using a screen lock passcode if others have access to your phone or computer, particularly if you are using Online Services for payments.

1.9 Governing law
(a) These terms and conditions are governed by the laws of the State of New South Wales, Australia.

1.10 Payments
(a) If you are using a payment facility available in the Online Services, these terms and conditions apply to you.
(b) If we are unable to successfully process your payment for reasons beyond our commercially reasonable control, then we may notify you of dishonour and this may impact any discounts or the provision or our products and services to you and you may incur a dishonoured payment fee.
(c) You must not pay, or attempt to pay, through any fraudulent or unlawful means.
(d) Certain payment services such as PayPal are provided by financial institutions and other third party service providers and not by us. Your access to and conditions of use of such services may be limited in accordance with the terms of use published by such third party provider. You represent and warrant that you have the right to provide us with usernames, passwords, personal information and other access credentials which we may require to access any third party services or accounts in connection with the Online Services.
(e) Credit Card:
        o With your permission, we can securely store your credit card information in your AGL Online Services account to save you time when making future payment.
        o A fee of 0.45% (incl GST) may apply if you pay by credit, debit, prepaid or charge card. This fee will appear on your next bill.
        o Payments submitted before 6pm AEST will reach your account by the next business day.
        o Any payments submitted after 6pm AEST will take up to 2 business days to reach your account. If you have paid your outstanding bills in full, you can disregard any payment reminder notices during this period.
    • If paying using PayPal:
        o AGL does not charge a fee when you pay by PayPal.
        o Payments submitted before 6pm AEST will reach your account by the next business day.
        o Payments submitted after 6pm AEST will take up to 2 business days to reach your account. If you have paid your outstanding bills in full, you can disregard any payment reminder notices during this period.
    • If paying by Bank Account:
        o AGL will need to securely store your bank account details in your AGL Online Services account to finalise this payment.
        o By proceeding with a payment via Bank Account, you are agreeing to the Online Payment Terms and Conditions.
        o Payments submitted before 6pm AEST will usually be processed by your bank on the next business day, so please make sure sufficient funds are available in your account.
    • In this Agreement AGL means,
        o if your supply address is located in:
            • Victoria, Queensland, Western Australia or Tweed Supply area: AGL Sales Pty Limited (ABN 88 090 538 337) of Level 24, 200 George Street, Sydney, NSW 2000;
            • South Australia: AGL South Australia Pty Limited (ABN 49 091 105 092) of Level 24, 200 George Street, Sydney, NSW 2000;
            • New South Wales and the relevant energy type is:
                • electricity, AGL Sales Pty Limited (ABN 88 090 538 337) of Level 24, 200 George Street, Sydney, NSW 2000;
                • gas, AGL Retail Energy Limited (ABN 21 074 839 464) of Level 24, 200 George Street, Sydney, NSW 2000; and
        o in relation to the installation of goods or the supply of solar monitoring services via AGL Solar Command: AGL Energy Services Pty Limited, ABN 57 074 821 720.

1. AGL Online Single Payment Terms and Conditions and AGL Scheduled Payment Terms and Conditions:
1.1 AGL Online Single Payment Terms and Conditions:
    (a) You request and authorise AGL to arrange for payment of the amount specified, through your nominated financial institution subject to these terms and conditions (Online Single Payment).
    (b) The Online Single Payment service is not available on some passbook savings accounts. You will need to confirm your eligibility with your relevant financial institution.
    (c) If you nominate a credit card account, it can only be a Visa or MasterCard credit card. A payment processing fee of 0.45%, GST inclusive, may apply to payments made from a credit card account.
    (d) Bank transaction fees and government taxes may apply.
    (e) Payments made on a non-business day will be deducted from your nominated financial account on the next business day.
    (f) If sufficient funds are not available in your nominated financial account at the time of processing a payment, a dishonour fee may be charged by both your financial institution and AGL to cover reasonable administrative and processing costs.
    (g) AGL may vary these Online Single Payment terms and conditions at any time. If we vary these Online Single Payment terms and conditions, we will provide you with written notice of the change as soon as practicable, which may be after the variation takes effect, and in any event, no later than on your next bill.
    (h) AGL reserves the right to, at any time, withdraw this Online Single Payment product. Contact AGL Customer Service 24/7 on 131 245 for assistance or if you have a dispute about any agreement details.

1.2 AGL Scheduled Payment Terms and Conditions:
    (a) You request and authorise AGL to arrange for payment of the amounts scheduled for payment, through your nominated financial institution subject to these terms and conditions (Scheduled Payment).
    (b) Your Scheduled Payments must be set up using a bank account that is stored in My Wallet. It is currently not possible to set up Scheduled Payments using credit cards or Pay Pal.
    (c) This service is not available on some passbook savings accounts and is not available to customers who are on a payment management product (eg. Bill Smoothing or an instalment plan).
    (d) Bank transaction fees and government taxes may apply.
    (e) Payments may only be scheduled for a date that is on or before the payment due date on your bill.
    (f) Payments scheduled for the next business day may take an extra business day to process if scheduled after 6:00pm AEST.
    (g) Payments scheduled for a non-business day will be deducted from your nominated financial account on the next business day.
    (h) Scheduled Payments may be cancelled up until 6:00pm on the prior business day.
    (i) If sufficient funds are not available in your nominated financial account at the time of processing a payment, a dishonour fee may be charged by both your financial institution and AGL to cover reasonable administrative and processing costs.
    (j) AGL may vary these Scheduled Payment terms and conditions at any time. If we vary these Scheduled Payment terms and conditions, we will provide you with written notice of the change as soon as practicable, which may be after the variation takes effect, and in any event, no later than on your next bill.
    (a) AGL reserves the right to, at any time, withdraw this Scheduled Payment product. Contact AGL Customer Service 24/7 on 131 245 for assistance or if you have a dispute about any Scheduled Payment agreement details.

1.3 Privacy Policy
    (b) AGL may request personal information to process your payment. Failure to provide the information may mean AGL is unable to complete your request. Details of your payment methods may also be used/shown in any online AGL products and services that you use. Your personal information will be handled in accordance with AGL's Privacy Policy or otherwise as required by law. All payment method details will be held securely and not given to any third party unless a valid claim is instigated when details will be provided to AGL's financial institution. You may access your personal information or obtain a copy of AGL's Privacy Policy by contacting AGL 24/7 on 131 245 or you can view it online at AGL Privacy Policy.