Please read this document carefully as it will tell you what you need to know about the terms and conditions of participating in the AGL Peak Energy Rewards Program (‘Program). By enrolling in the Program, you accept these terms and conditions.

These terms and conditions are between AGL Energy Services Pty Limited ABN 57 074 821 720 (referred to as ‘we,’ ‘use’ or ‘our’ in this document) and you (referred to as ‘you’ or ‘your’ in this document), the participant in the Program.

These terms and conditions are supplementary to the standard terms and conditions for the supply of gas, electricity, solar PV and energy storage, which you have with us or your chosen supplier, which will still apply to you. Your contract with AGL relating to your energy plan will continue to apply, except where there is a conflict with these terms and conditions, in which case these terms and conditions will apply to the extent of the conflict and permissible by law. You can view our General Terms at: www.agl.com.au


1 Eligibility and conditions of participation

1.1 To participate in this Program which is for the purposes of testing prototypes of various Program Devices and associated services as part of a demand response program you must:

(i) be a resident of the state of New South Wales aged 18 years or over;
(ii) be the owner responsible for the electricity supply to your Premises;
(iii) not have Life Support Equipment installed or in use at the Premises;
(iv) be and remain the AGL account holder for the Premises for the Duration of the Program;
(v) have an eligible digital smart meter installed at the Premises;
(vi) have a wall or ducted air conditioner which is not less than 5 years old, and which is accessible and compatible with the Program Devices to be installed at the Premises for this Program (as determined by AGL).

1.2 In order to participate, throughout the Duration of the Program you need at your own cost and expense the following available, as a minimum:

(i) a functioning “always on” broadband internet connection with a WiFi network;
(ii) a suitable location in the room where the main air conditioner or controller is located for the installation of the smart air conditioner control device or smart thermostat, as applicable; and
(iii) space in the switchboard for the installation of the monitoring device.

1.3 Before you are accepted onto the Program, we will conduct an inspection of the Premises to determine your suitability for the Program. If you are not suitable for the Program, we will inform you and these terms will terminate with immediate effect. You will be rewarded a $50 Visa gift card in those circumstances, which will be mailed to your Premises.

1.4 Without limiting clause 1.5, if you move from the Premises this will mean you are no longer eligible to continue as a participant in the Program, and you agree to inform us not less than 14 days before you move of these circumstances by writing to us at email peakenergyrewards@agl.com.au. You agree to provide us with access before you move from your Premises to remove the Program Devices between 9am and 6pm from Monday to Friday excluding public holidays. However, if you intend to continue to participate in the Program in the new property, and inform us not less than 14 days before you move, then we will proceed to conduct an inspection of the new property to determine their suitability for the Program, and will transfer all devices to the new location, provided you agree to provide us with access before you move from your previous Premises to remove the Program Devices between 9am and 6pm from Monday to Friday excluding public holidays.

1.5 You agree to notify us if your circumstances change and any of the eligibility criteria set out in clause 1.1 and 1.2. are no longer met.

1.6 It is important that we learn as much as possible from this Program, to ensure we can improve AGL’s customer experience. Therefore, you agree to provide upon request feedback which we may request from time to time.

1.7 It is your responsibility to check that your participation in the Program does not contravene any other agreement that you may have in place with any other third party.


2 Installation/Reconfiguration

2.1 The Program Devices consist of a combination of products and services, offered at our discretion for your Premises. At a minimum, the Program Devices will include:

(i) a monitoring device, to be installed in the switchboard;
(ii) a demand response enable device (DRED) to be installed near and connected to the outside unit of your air conditioner; and
(iii) if your air conditioner is a split system, a smart air conditioner control device, to be installed inside your home near the inside unit of the air conditioner, and if your air conditioner is a central ducted system, a smart thermostat to be installed inside your home; 
and the Program Devices may also include:
(iv) an additional component which interfaces between the DRED and the outside unit of your air conditioner, and connected to it (to be installed if required, as determined by us at our sole discretion); and
(v) WiFi signal Repeater(s) (to be installed if required, as determined by us at our sole discretion).

2.2 At your option, you will also be able to remotely access your air conditioner controller via an App, which we can assist you with setting up at the time of installation, provided your air conditioner is compatible with the smart air conditioner controller or smart thermostat we will provide, as applicable.

2.3 You agree that the supply and/or replacement of any combination of products and services forming part of the Program Devices and any support provided with regard to the Program shall be at our sole discretion.

2.4 To carry out the installation/reconfiguration or removal work as quickly as possible we may need to use subcontractors. All sub-contractors carry identity cards and must be approved by us. You will have to provide us access so that the contractors may carry out the works.

2.5 In the unlikely event the installation/reconfiguration and related work causes minor damage to interior finishings or property, you agree that we are not liable for any costs or remediation works, unless we have been negligent in the way we carried out our installation. Any redecoration of the supply address will be solely at your cost.

2.6 For the Duration of the Program, you agree to follow any instructions provided by us concerning the operation of the Program Devices. If at any point you have any questions about the Program or installation/reconfiguration of the Program Devices, please write to us at peakenergyrewards@agl.com.au. 

2.7 You accept that some of the Program Devices are prototype systems and we cannot guarantee their operation. Should any of the Program Devices develop a fault, please write to us at peakenergyrewards@agl.com.au for technical support. Further you acknowledge and agree that to the extent permissible under the Australian Consumer Law, in light of the purposes of the Program and in acknowledgment that the Program Devices are prototypes:

(vi) the Program Devices and any services AGL provides as part of this Program may not operate as expected or meet voluntary Australian standards;
(vii) any inaccuracy, error or failure of the Program Devices or any services AGL provides does not render them of unacceptable quality in light of the purpose of the Program;
(viii) you will not rely on the accuracy, completeness or availability of any information or data provided from the Program Devices or provided in connection with the Program for the duration of the Program (including for example to confirm the accuracy of any energy bill);
(ix) AGL makes no representation whatsoever as to whether the Program Devices or the service are fit for the Program.

2.8 Where we need to connect new equipment or Program Devices to your existing air conditioning system, you agree that we are not liable for the cost of repairing or replacing parts of your existing system which subsequently develop faults unless we have been negligent in carrying out the installation work.

2.9 You must not decompile, reverse-engineer, disassemble or otherwise tamper with, disable or otherwise adversely affect the operation of the Program Devices or any associated services.

2.10 The Program Devices, provided by us to you shall remain our property for the Duration of the Program. You shall not remove, reclaim, sell or otherwise dispose of all or any part of the Program Devices for the Duration of the Program.


3 Access to Premises

3.1 You grant us a non-exclusive licence to inspect your Premises to determine your eligibility in the Program and, if we deem that you are eligible to participate in the Program, to install the Program Devices and to access the Premises in order to reconfigure, maintain, repair and remove the Program Devices. We acknowledge that nothing in this Agreement confers on us any rights as tenant of the Premises or creates a relationship of tenant and landlord between us and you.

3.2 You irrevocably authorise us and our sub-contractors to access the Premises for the purposes of installing, connecting, testing, maintaining, repairing, upgrading, disconnecting and removing the Program Devices, and performing any other work or activity permitted or required by this Agreement in relation to the Program Devices.

3.3 We and our subcontractors will only access the Premises under clause 3.2 at reasonable times (generally between 9am and 5pm AEST Monday – Friday, excluding public holidays) and following reasonable notice to you (other than in the case of an emergency or the imminent threat of damage to persons or property).


4 Rewards

4.1 If we confirm that you are eligible to participate in the Program you will be entitled to:

(i) a $300 sign-up incentive at the start of the Program; and
(ii) a participation incentive of $30 for each Peak Event you participate in, for participating in the Program and the provision of feedback requested in accordance with clause 1.5. In the event you opt out of a Peak Event at any time in accordance with clause 5.3, you will not be entitled to a participation incentive for that Peak Event.

4.2 We will make payment of the amounts specified in clause 4.1 in arrears by way of Visa gift cards (or similar).

4.3 We anticipate making payment of the $300 sign-up incentive after we install all Program Devices in your Premises, and all accumulated $30 event participation rewards in two instalments, one at the middle of the Program (we anticipate around November 2018) and the other at the end of the program, in around April 2019.

4.4 You acknowledge and accept that separate terms and conditions may apply when using the Visa gift card (or similar).


5 Peak Events

5.1 During a Peak Event, we may make adjustments to the outside unit of your air conditioner via the Program Devices related to air conditioning in order to reduce their energy usage.

5.2 For the avoidance of doubt, nothing in this Agreement will prevent you from having the ability to opt out of a Peak Event before or during a Peak Event such that your air conditioner will work to its full capacity. For the avoidance of doubt, nothing in this Agreement will prevent you from having the ability to opt out of a Peak Event before or during the Peak Event if you prefer that your air conditioner work to its full capacity. However, we encourage you to send your opt out request as early as possible to enable us to process your opt out request as soon as received by AGL.

5.3 In order to opt out of a Peak Event, you will need to write us at peakenergyrewards@agl.com.au. Alternatively, you can phone our customer service team on 1300 025 928 between 8.30am and 6pm AEST Monday to Friday.

5.4 We agree to limit Peak Events during the Program Duration as follows:– each Peak Event will be a maximum of 2 hours long;– a maximum of 1 Peak Event per day;– a maximum of 2 consecutive days with a Peak Event; and– a maximum of 8 peak events for the Duration of the Program.


6 Program Duration and Termination

6.1 The Program will start on the date of activation of your Program Devices (the “Activation Date”) and shall end on 31st of March 2019 (the “Duration”).

6.2 If you no longer wish to participate in this Program, you may provide us with notice in writing at any time. If you do, we will no longer make Peak Event Requests to you.

6.3 We may also end the Program at any time by providing you with notice in writing.

6.4 After the Duration of the Program or if the Program is terminated for any reason, we may in our sole discretion:

(i) remove any or all of the Program Devices; or
(ii) transfer title and ownership of the Program Devices to you.


7 Liability

7.1 You are responsible for ensuring that any appliances or devices within your home is functioning in a proper manner.

7.2 To the extent permitted by law, we will not be liable for any loss, harm, damage, cost, expense (including legal fees) or third party claims, or in the nature of special, indirect, consequential loss or damage which you pay, suffer, incur or are liable for any reason, including arising directly or indirectly from:

(i) you participating in this Program;
(ii) reducing your electricity consumption during a Peak Event; or
(iii) any delays in us receiving any written notifications you send by email where the cause of that delay is out of our control.

7.3 To the extent permitted by law, and subject to your statutory rights under the Australian Consumer Law, which cannot be excluded, our liability to you in contract, tort, statute or otherwise in connection with this Program is limited to a maximum of the cost of supplying the Program Devices and any services again or the repair of the Program Devices


8 Confidentiality

8.1 Due to the commercially sensitive nature of the Program, we request that you do not disclose or make public any information about the Program, including your participation in the Program, any Program Devices, a Peak Event and any rewards without our consent.


9 Data

9.1 AGL may capture data related to the Program Devices and associated Services as well as your energy generation and consumption, net export of electricity and any other data (Data) and will send this Data to AGL. You acknowledge and consent to:

(iv) the transmission of all Data to AGL from the Program Devices, including Data from the Watt Watchers devices, and Data transmitted from either Melissa Climate Ltd captured by the MClimate smart air conditioner control device or Zen Within Inc. captured by the Zen smart thermostat device, as applicable;
(v) AGL’s ownership of this Data;
(vi) AGL and its related bodies corporate using the Data for any purpose, including it being shared with third parties;
(vii) AGL notifying third parties, including any utility or metering coordinator, of this consent;
(viii) where AGL is permitted by any law, AGL accessing and using information relating to the Premises’ energy generation, storage and consumption that is collected or recorded prior to the Program commencing;
(ix) AGL sharing Data with the Program co-founder, ARENA, in anonymised and aggregated (together with data from other participating customers premises) format; and
(x) AGL and/or ARENA publish any element of the aggregate data in reports that are to become publicly available.

9.2 You agree to complete or sign any documents provided by AGL to give effect to its consent in relation this Data.9.3 Except for clause 9.1(i), this clause 9 survives the termination of this Agreement.


10 Privacy notice

10.1 If AGL is required to handle your Personal Information under this Agreement, AGL may:

(i) use such Personal Information to promote and market services to you on an ongoing basis, including through telephone and electronic means, unless you opt out;
(ii) disclose the Personal Information to third parties outside Australia as set out in AGL’s privacy policy (as updated from time to time). 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) AGL will not be accountable for the third party under the Privacy Act;
(C) AGL 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);

(iii) otherwise collect, use and disclose your Personal Information in accordance with AGL’s privacy policy and credit reporting policy, which are available at agl.com.au or on request, and which provide further details about the Personal Information AGL collects, what AGL does with it, where AGL sends it, the credit reporting bodies AGL uses your opt-out, access, correction and complaint rights with AGL and credit reporting bodies.

10.2 You warrant and represent that any Personal Information you provide to AGL is:(i) lawfully collected;

(ii) accurate, up-to-date and complete; and
(iii) relevant to the Program undertaken in accordance with this Agreement,and that each individual concerned has consented to disclosure of such Personal Information.

10.3 You consent to the terms of AGL’s Privacy Policy, which is updated from time to time and published at https://www.agl.com.au/privacy-policy.


11 Defined terms

11.1 Activation Date has the meaning set out in clause 6.1.

11.2 Duration has the meaning set out in clause 6.1.

11.3 Life Support Equipment means any equipment defined under the National Energy Retail Rules as life support equipment including:

(i) an oxygen concentrator;
(ii) an intermittent peritoneal dialysis machine;
(iii) a kidney dialysis machine;
(iv) a chronic positive airways pressure respirator;
(v) crigler najjar syndrome phototherapy equipment;
(vi) a ventilator for life support; or
(vii) any other equipment that a registered medical practitioner has certified is required for a person residing at the Premises for life support.

11.4 Peak Event means any period of up to two hours during which we reduce the power of your air conditioner remotely via your Program Devices, as set out in clause 5.

11.5 Personal Information has the meaning given in the Privacy Act.

11.6 Premises means your residential supply address that you provide us with and update from time to time.

11.7 Privacy Act means the Privacy Act 1988 (Cth).

11.8 Program means the process governed by these terms by which we will test the provision, operation and acceptable quality of the for the purpose of testing prototypes of various Program Devices and associated services as part of a demand response program.

11.9 Program Device(s) means the devices, services or appliances set out in clause 2.1.