1. From time to time, AGL (also referred to as ‘us’, ‘our’ or ‘we) may offer an AGL Connect Bonus to eligible customers (referred to as ‘you’ or ‘your’) for switching to AGL or for signing up to a specific AGL electricity or gas plan. An AGL Connect Bonus may include, but is not limited to, a device, gift card, voucher or subscription. The AGL Connect Bonus is separate to the AGL energy plan and Market Retail Contract and is governed by these AGL Connect Bonus Offer Terms and Conditions and any terms and conditions provided as part of the AGL Connect Bonus offer.
  2. AGL may exclude customers who have received an AGL Connect Bonus for a supply address in the previous 12 months from receiving an additional AGL Connect Bonus. Customers will not be eligible to receive an AGL Connect Bonus if they exercise their cooling off rights or otherwise cancel the relevant AGL Energy Plan prior to AGL becoming responsible for the supply of electricity or gas (where applicable) to the premises. If you cancel the relevant AGL Energy Plan during the Energy Plan Period, AGL may cancel any continuing or unredeemed AGL Connect Bonus.
  3. Notwithstanding anything to the contrary in these AGL Connect Bonus Offer Terms and Conditions, to the extent that you acquire goods or services from AGL as a consumer within the meaning of the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth) (as amended or replaced from time to time) (Australian Consumer Law), you may have certain rights and remedies that cannot be excluded, restricted or modified by agreement. Nothing in these Terms and Conditions operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other statute where to do so would contravene that statute (Non-excludable Obligation).
  4. Except in relation to the Non-excludable Obligations or as otherwise set out in your Energy Plan:
    1. AGL excludes liability for all consequential loss arising out of or in connection with the supply, use or performance of any goods (including the Device) or services from AGL, including liability for loss of income, loss of profits, loss of a contract, data loss, loss of goodwill, loss of potential business, or any damage to personal property or any personal injury whether direct or indirect, or any kind; and
    2. AGL’s liability is limited, at AGL’s option, to: in the case of goods, the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or in the case of services, the supplying of services again; or the payment of the cost of having services supplied again.
  5. Except to the extent otherwise required by law, including without limitation the Non-excludable Obligations, AGL will not be liable to you for any loss, damage, cost or expense as a result of or in connection with your mailing address being incomplete or inaccurate or any delay in delivery.
  6. Where the AGL Connect Bonus requires delivery:
    1. it will be dispatched after the later of the expiry of your applicable cooling off period or after AGL has commenced supplying gas and/or electricity to the relevant premises. Once dispatched, delivery of the AGL Connect Bonus will be subject to standard delivery timeframes. Delivery timeframes may vary.
    2. It will be your responsibility for ensuring the mailing address is correct and up to date. Upon delivery of the AGL Connect Bonus to your mailing address you may be required to sign a proof of delivery document and if you are not available to take delivery at the mailing address, the AGL Connect Bonus will be taken to a local depot or post office and details will be left to enable you to collect the AGL Connect Bonus from such location.
    3. Risk and title in the AGL Connect Bonus passes to you on the date and at the time of delivery of the AGL Connect Bonus to the mailing address.
  7. The AGL Connect Bonus may suddenly become unavailable or delayed due to reasons beyond AGL's reasonable control. This might happen even after your Energy Plan commences. Should the AGL Connect Bonus become unavailable or delayed, you will be informed as soon as practical. Except to the extent otherwise required by law, (including without limitation the Australian Consumer Law), AGL will not be liable to you if the AGL Connect Bonus becomes unavailable or delayed due to reasons outside of AGL's reasonable control. For the avoidance of doubt, you may terminate your Energy Plan at any time without paying any early termination fee.
  8. Without limiting AGL’s privacy policy (available at agl.com.au/privacy), if you use a third-party service which has partnered with AGL and seek information or use functions that relates to AGL, you consent to AGL providing your data and your Personal Information to that third party service and acknowledge that the collection and use of that data and Personal Information by the third party service provider will be governed by that provider’s Privacy Policy and additional terms of use. AGL may use a third party logistics service, and may use or disclose your Personal Information for the purposes of delivering the AGL Connect Bonus to You.
  9. AGL may vary these AGL Connect Bonus Terms and Conditions from time to time.