Last updated: 3 April, 2020
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’) as a loyalty bonus, 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 your AGL energy plan and Market Retail Contract and is governed by these AGL Connect Bonus Offer Terms and Conditions ('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 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:
4.1. AGL excludes liability for all consequential loss arising out of or in connection with the supply, use or performance of any goods (including any 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
4.2. 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:
6.1. 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.
6.2. 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.
3.3. 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. Where the AGL Connect Bonus includes a partner promotion voucher or subscription to a third party's products or services:
8.1. You will be required to enter into any terms and conditions required by the third party, and will acquire any goods and services directly from the third party as part of the subscription or redemption of the voucher. The third party (and not AGL) is the supplier of any goods or services associated with the subscription of redemption of the voucher for the purposes of the Australian Consumer Law.
8.2. Where any payment is required to be made via AGL as part of the the third-party subscription or purchase, AGL will collect that payment as the billing agent on behalf of the third party supplier.
8.3. AGL may earn a fee or commission from the third party supplier.
8.4. The AGL Connect Bonus Offer in relation to a third party subscription or voucher applies only to the products and services specified and is not redeemable for cash or transferrable and may not be able to be used in conjunction with any other offer unless agreed by the third-party supplier.
8.5. The subscription or voucher may have an expiry date and require you to redeem or enter into terms and conditions with the third-party supplier before a specified expiry date. After this date the offer may be void.
8.6. The subscription will continue for the period specified in the AGL Connect Bonus offer.
8.7. If you cancel the relevant AGL Energy Plan during the subscription period, your subscription may be cancelled.
8.8. If you continue with any subscription or services beyond the period specified in the AGL Connect Bonus offer or following your cancellation of your AGL Energy Plan, any services will be provided on such terms and at such prices as agreed between you and the third-party supplier.
10. AGL may contact you to participate in surveys or feedback interviews in relation to the AGL Connect Bonus. Your participation is optional.
11. AGL may vary these AGL Connect Bonus Terms and Conditions from time to time.
12. Terms defined in the Market Retail Contract have the same meaning when used in these AGL Connect Bonus Terms and Conditions unless otherwise defined.