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
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.
(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,
(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).
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 a bank account or credit / 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 bank account or credit / 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 advise you 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.
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.