This is an agreement between you and AGL and governs your use of the AGL Action for Google Home or Assistant. 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 Google.
Your use of the Action is conditional on your acceptance of this agreement. If you do not accept the terms of this agreement, then you cannot use the Action.
1. Eligibility requirements.
To access and use the Action, you must:
(a) be 18 years of age or older;
(b) have a Google Assistant enabled product, and an internet connection; and
(c) have a Google account.
Most interactions with the Action also require you to:
(d) hold an active residential gas and/or electricity account with AGL; and
(e) be registered for AGL Online Services.
2. Google Assistant Interaction.
You are responsible for all of the interactions with AGL via the Action using your Google Assistant enabled product. Any communication to AGL via Google Assistant will be considered by AGL as a communication authorised by you, and any communication from AGL via Google Assistant in response to a request received from your Google Assistant enabled product will be considered by AGL as a communication to you.
(a) you authorise AGL to perform the actions and/or share with Google the information communicated to AGL, or requested from AGL, which may include Personal Information and/or Related Data. For example, if you request that Google Assistant tell you your AGL Account balance, you authorise AGL to disclose that information to Google;
(b) you agree to AGL:
(1) collecting, using and sharing information with Google; and
(2) collecting and using the information AGL obtains from Google,
(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 Action and your Google Assistant enabled product, including if the Google products do not hear you correctly.
All usage and charges information or Meter Data provided via your interactions with the Action 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 Action, 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, concessions, conditional discounts and bill adjustments.
If you elect to receive My Energy Alerts, any notifications you receive via the Action are based on an estimate of your energy costs at a particular point in time and may not reflect your actual energy bill. The estimate 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 doesn’t include concessions, solar feed-in-tariffs, credits, or other one-off benefits.
If you are concerned about the accuracy of your interactions with AGL via the Action, 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 Action 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 Action 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 the Google Assistant. The Google assistant 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 Action on your Google Assistant to make a payment, you request and authorise AGL to arrange for payment of the amount you tell your Google Assistant 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 or debit 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 Google 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 Action, 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/google and/or providing written notification to you. Your continued use of the Action 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 Action.
If you uninstall the Action, you acknowledge that any records which AGL holds in relation to your interactions with Google may be retained by AGL.
8. Trademarks and IP.
AGL and all related logos are trademarks of AGL.
Google, Google Home, Google Assistant, and all related logos are trademarks or trade dress of Google 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 Action or any associated materials we provide you. You will not take any action related to the Google Assistant that interferes with, damages, or accesses or uses in any unauthorized manner the hardware, software, networks, technologies or other properties or services of AGL, Google 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 Action.
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.
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.
Google Assistant means Google Assistant’s voice service that enables Customers to interact with Google enabled products using voice.
Google enabled product means any product or application that enables access to Google Assistant, such as Google Home devices and the Google App.
Google App means the app or website provided by Google that provides access to Google Assistant, Google Assistant settings, Google Assistant-related content, and other information.
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 Action.
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.
Action means the AGL Action that AGL has made available to Customers through the Google Assistant.
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.
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.