This is an agreement between you and AGL and governs your use of the AGL skill on Amazon’s Alexa service, on any Alexa Enabled Product. The Agreement applies in addition to, and is not intended to replace, any other agreements that apply in connection with your AGL Account(s), or any agreements you may have with Amazon. Before using the Skill, please carefully read these terms and conditions, the AGL Privacy Policy and the AGL My Account Terms and Conditions. Your use of the Skill is conditional on your acceptance of this agreement. If you do not accept the terms of this agreement, then you cannot use the Skill. Please refer to your agreements with Amazon for more information about your use of Alexa and your Alexa Enabled Product, including but not limited to the Amazon Alexa Terms of Use.

 


 

1. Eligibility requirements.

To access and use the Skill, you must:

(a) hold an active residential gas and/or electricity account with AGL;

(b) be registered for AGL Online Services;

(c) be a resident of Australia 18 years of age or older;

(d) have an Alexa Enabled Product, and an internet connection; and

(e) have an Amazon account.

 


 

2. Alexa Interaction.

The Skill allows you to use your Alexa Enabled Product to interact with AGL by speaking to Alexa about your AGL Account(s). To use the Skill, you will say commands and questions aloud to Alexa, and will receive spoken responses from your Alexa Enabled Product. It is possible that someone other than you could interact with AGL via the Skill, or that someone could overhear you interacting with AGL via the Skill and learn information about you or your AGL Account(s). It is also possible that Alexa, your Alexa Enabled Product and/or Amazon will record your interactions with the Skill or with Alexa in accordance with the Amazon Alexa Terms of Use.

You are responsible for all of the interactions with AGL via the Skill using your Alexa Enabled Product.

Any communication to AGL via Alexa will be considered by AGL as a communication authorised by you, and any communication from AGL via Alexa in response to a request received from your Alexa Enabled Product will be considered by AGL as a communication to you.

 


 

3. Privacy.

Your interactions with AGL via the Skill are subject to the AGL Privacy Policy. Your Personal Information and Related Data will be handled by AGL in accordance with the AGL Privacy Policy or otherwise as required by Australian law.

By installing the Skill, and without limiting the AGL Privacy Policy:

(a) you authorise AGL to perform the actions and/or share with Amazon the information communicated to AGL, or requested from AGL, which may include Personal Information and/or Related Data. For example, if you request that Alexa tell you your AGL Account balance, you authorise AGL to disclose that information to Amazon;

(b) you agree to AGL:

    (1) collecting, using and sharing information with Amazon; and
    (2) collecting and using the information AGL obtains from Amazon,

to improve AGL’s products and services, and to promote and market AGL and third party products and services to you, including via the Skill. If you wish to withdraw the consents as to how AGL collects, uses and discloses your information, you may terminate this Agreement at any time by uninstalling the Skill. You can find more details about how Amazon collects uses, and discloses your Personal Information and Related Data in the Amazon Alexa Terms of Use and Amazon’s privacy policy.

We may disclose your Personal Information to third parties outside Australia as set out in the AGL Privacy Policy, including Amazon, and you acknowledge that while these third parties will often be subject to privacy and confidentiality obligations:

(A) they may not always comply with those obligations or those obligations may differ from Australian privacy laws;

(B) we will not be accountable for the third party under the Privacy Act;

(C) you may not be able to seek redress under the Privacy Act; and

(D) the third party may be subject to foreign laws which might compel further disclosures of Personal Information (e.g. to government authorities).

 


 

4. Accuracy.

By accepting this Agreement, you understand and agree that AGL is not responsible for errors or inaccuracies in your interactions with AGL via the Skill and your Alexa Enabled Product, including if the Alexa Products do not hear you correctly.

All usage and charges information or Meter Data provided via your interactions with the Skill is indicative only and may differ from your final bill. The information may be estimated, incomplete or delayed depending on the data we have received from your Meter or distributor. Your energy bill may display different energy usage or charges and is a more accurate reflection of these figures.

Where you are provided with bill or cost projections via your interactions with the Skill, these bill or cost projections are estimated based on historical data and there may be significant differences between the projected cost and your actual bill for several reasons, including changes in your behaviour, conditional discounts and bill adjustments.

If you are concerned about the accuracy of your interactions with AGL via the Skill, you can still manage your AGL Account(s) by signing in to AGL Online Services or by calling AGL customer service.

We recommend you not rely solely on the Skill to access and manage your AGL Account(s).

 


 

5. AGL Single Bill Payments.

When available, you may be able to pay your AGL bill using the Skill with the credit card or debit card you have authorised and on file in AGL Online Services if you elect to do so. You will first need to add your preferred credit or debit card payment method in AGL Online Services (subject to the AGL online single payment terms and conditions in order to make payments via Alexa. Alexa will give you choices about the amount of the payment you are authorising, and which payment method you want to use if you have more than one payment card on file. By using the Skill on your Alexa Enabled Product to make a payment, you request and authorise AGL to arrange for payment of the amount you tell Alexa to pay, through your nominated financial institution, subject to these terms and conditions:

(a) A payment processing fee may apply to payments made from a credit card account. Please refer to the AGL online single payment terms and conditions for further details.

(b) Bank transaction fees and Government taxes may apply.

(c) The payment(s) you authorise will be initiated and posted to your AGL Account(s) on the date(s) you authorise Alexa to make the payment(s). Payments made on a non-business day will be deducted from your nominated financial account on the next business day.

(d) 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.

(e) All payment method details will be held securely and will not be given to any third party unless a valid claim is instigated when details will be provided to AGL’s financial institution.

 


 

6. Electronic Records and Signatures.

By accepting these terms, you confirm your consent to the general use of electronic records and signatures in connection with your AGL Account(s).

 


 

7. Changes; Amendments; Termination.

AGL reserves the right to change, suspend, or withdraw the Skill, or any part of it, at any time and for any reason without notice. We may amend any of this Agreement's terms at our sole discretion by posting the revised terms on www.agl.com.au/alexaskill and/or providing written notification to you. Your continued use of the Skill after the effective date of the revised Agreement constitutes acceptance of the terms. Your rights under this Agreement will automatically terminate without notice if you fail to comply with any of its terms. In case of such termination, we may immediately revoke your access to the Skill.

If you uninstall the Skill, you acknowledge that any records which AGL holds in relation to your interactions with Alexa may be retained by AGL.

 


 

8. Trademarks and IP.

AGL and all related logos are trademarks of AGL.

Amazon, Echo, Alexa, and all related logos are trademarks or trade dress of Amazon in the U.S. and other countries.

Other product names or trademarks are the property of their respective owners.

You may not reverse engineer, disassemble or decompile any binary code used in connection with the Skill or any associated materials we provide you. You will not take any action related to the Skill that interferes with, damages, or accesses or uses in any unauthorized manner the hardware, software, networks, technologies or other properties or services of AGL, Amazon or of any mobile operator or other third party.

 


 

9. Disclaimer of Warranty.

Except to the extent that such warranties or representations are implied by law and cannot be excluded, AGL makes no warranty or representation regarding the quality, currency, accuracy, reliability, performance, completeness or fitness for purpose of any part of the information and content available via the Skill.

To the maximum extent permitted by law, AGL is not liable (whether in contract, negligence or otherwise) for any loss or damage arising from the use of this content and information.

 


 

10. Our liability.

(a) To the extent permitted by law our liability for breach of implied conditions, warranties or undertakings is (at our option) limited to:

    (i) providing equivalent goods or services provided under this agreement; or

    (ii) paying you the cost of replacing the goods or services, or acquiring equivalent goods or services, provided under this agreement to you.

(b) This clause 10 applies in addition to and does not affect the operation of any limitation on liability either party may be entitled to claim the benefit of under the Regulatory Requirements.

 


 

11. General.

a. Waiver.

Except as otherwise provided in this agreement, a right created under this agreement may only be waived in writing signed by the party granting the waiver.

b. Applicable law.

This agreement is governed by the laws in force in Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement.

c. Transfer of this Agreement.

(a) We may transfer or novate our rights and obligations under this agreement at any time:

    (i) by notice to you,:

        (A) to a related body corporate of AGL; or

        (B) if that novation or assignment forms part of the transfer of all or a substantial part of our business to that other entity; or

    (ii) if you agree to that transfer or novation.

(b) Unless we otherwise agree, you cannot transfer or novate your rights and obligations under this agreement to any third party.

 


 

12. Defined terms & interpretation.

a. Defined terms.

In this agreement:

AGL, we, us or our means, to the extent your Supply Address(es) are located in:

(a) Victoria, Queensland or Tweed Supply Area: AGL Sales Pty Limited (ABN 88 090 538 337) of Level 24, 200 George Street, Sydney, NSW 2000;

(b) South Australia: AGL South Australia Pty Limited (ABN 49 091 105 092) of Level 24, 200 George Street, Sydney, NSW 2000;

(c) New South Wales and the relevant Energy Type is:

    (i) electricity, AGL Sales Pty Limited (ABN 88 090 538 337) of Level 24, 200 George Street, Sydney, NSW 2000; or

    (ii) gas, AGL Retail Energy Limited (ABN 21 074 839 464) of Level 24, 200 George Street, Sydney, NSW 2000.

AGL Account means the Customer’s AGL gas account, electricity account and/or other product account.

AGL Online Service means any services provided online by AGL that provide access to view and manage your account and personal details.

Alexa means Amazon’s Alexa voice service that enables Customers to interact with Alexa Enabled Products using voice.

Alexa Enabled Product means any product or application that enables access to Alexa, such as Amazon Echo devices and the Amazon Alexa App.

Amazon Alexa App means the app or website provided by Amazon that provides access to Alexa, Alexa’s settings, Alexa-related content, and other information.

Amazon Alexa Terms of Use means the terms and conditions from Amazon for Alexa, Alexa Enabled Product and the Amazon Alexa App.

Ancillary Products means a product or service that we may offer from time to time which is not the Supply of Energy.

Customer, you or your means the AGL customer who is granted access to the Skill.

Distribution System means a network of pipes or wires, Meters and controls that a Distributor uses to Supply Energy.

Distributor means a person (or company) licensed to Supply Energy who owns and operates a Distribution System.

Energy means electricity or gas as relevant.

Energy Type means one of gas or electricity.

Meter means an instrument that measures the quantity of Energy passing through it and includes associated equipment attached to the instrument, including any recording and display equipment and communications interface, to control or regulate the flow of Energy.

Meter Data means the metering data (as that term is defined under the National Electricity Rules) that is required to be provided to you in accordance with the metering data provision procedures published by the Australian Energy Market Operator.

Personal Information means information or opinion about you from which your identity is apparent or can reasonably be ascertained.

Privacy Act means the Privacy Act 1988 (Cth).

Regulatory Requirements means any relevant Commonwealth, State or local government regulation, including all laws, regulations, subordinate legislation, proclamations, Orders in Council, licence conditions, codes, guidelines or standards applicable from time to time in the State in which the Supply Address is located.

Related Data means any record of information that is related to this agreement, the Supply Address, Ancillary Products supplied to you, your interactions with us, connected devices at the Supply Address, the Meter or the products and services that you acquire from us or from third parties that we collaborate with, including records in physical or electronic form. Some, but not all, Related Data may include voice recordings, location and proximity data, data about the status or energy usage of devices or appliances and/or Personal Information. Related Data may include information about electricity consumption, electricity production and export, Meter Data, electricity storage, billing and payment history.

Skill means the AGL Skill that AGL has made available to Customers on the Amazon Alexa skill store.

Supply means the delivery of Energy by a Distributor via its Distribution System to a supply address, and the provision of any related services.

Supply Address means the address(es) at which you purchase Energy from us.

b. Interpretation.

In this agreement, unless the context otherwise requires:

(a) headings are for convenience and do not affect the interpretation of this agreement;

(b) words importing the singular include the plural and vice versa;

(c) all references to ‘include’ or ‘including’ or ‘for example’ are non-exhaustive and do not imply any limitation;

(d) an expression importing a natural person includes any company, partnership, trust, joint venture, association, corporation or other body corporate and any governmental agency;

(e) a reference to a clause, schedule, appendix or section is to a clause, schedule, appendix or section of this agreement;

(f) a reference to a document or a provision of a document includes an amendment or supplement to, or replacement or novation of, that document or that provision of that document; and

(g) a reference to a person includes that person’s:

(i) executors, administrators, successors, substitutes (including persons taking by novation) and permitted assigns; and

(ii) officers, employees, contractors, agents or other representatives.