Terms and Conditions
1. About these terms and conditions (Agreement):
a. This Agreement governs you (whether personally or on behalf of a company) and AGL (us, we or our), in relation to your access to and use of the AGL online services, including but not limited to those provided at www.agl.com.au/myaccount (MyAccount), any AGL mobile application (App), any other web or mobile based portal or system, including your Consumer Data Right (CDR) dashboard, or any other online or mobile service (together, Online Services).
b. The Online Services enable you to view and manage certain AGL products and services, including services that have been linked to your MyAccount profile.
a. You must comply with all applicable Laws in accessing and using the Online Services and you mustn’t do anything with the Online Services which is not authorised under this Agreement.
b. In order to use the Online Services, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications which may change from time to time as we update our software.
c. You acknowledge and agree that:
i. any software or hardware (including computers, computer systems or other communications devices) that you use to use or access the Online Services is in your sole responsibility and control, and must be properly functioning, free from viruses, bugs, malicious codes or other threats that may result in disruption and connected to the Internet in order for the Online Services to be provided;
ii. we are not responsible in any way for your Internet network, computer, mobile phone or data including its set-up, maintenance and cost (including data usage costs) associated with your use of the Online Services;
iii. the operation and availability of the Online Services is dependent on the availability and functioning of certain services including telecommunications, web-based chat services and other third party services. We do not control these services and are not responsible for these services or the effect on the Online Services; and
iv. we may be required to test or maintain the Online Services and associated equipment, hardware and software used to provide the Online Services from time to time, which may result in downtime or suspension of the Online Services. To the extent permitted by law, we have no liability for any loss whatsoever arising from or in connection with such testing or maintenance action, unless arising from our fault, breach of this Agreement or negligence.
3. Intellectual property
a. All intellectual property rights in the Online Services belong to us or our licensors. We grant to you, and you accept, a non-exclusive, non-transferable limited licence to use the Online Services strictly in accordance with this Agreement.
b. Any intellectual property developed or created by you during the performance of this Agreement (including for the avoidance of doubt any feedback, ratings or comments you make in the Online Services) vests in us immediately upon its creation and you assign all right, title and interest in such Intellectual Property to us and will do any further acts or execute any documents required by us to effect such assignment.
c. You must not breach an obligation to another person in respect of intellectual property rights or infringe any intellectual property rights of another person.
a. You may be entitled to statutory consumer guarantees under the Australian Consumer Law in connection with our supply of the Online Services under this Agreement, and you may also be entitled to rights in relation to your use of the CDR, under the Competition and Consumer Act. Nothing in this Agreement is intended to exclude, restrict or modify the application of those guarantees or other rights.
b. Subject to sub clause (a) and to the extent permitted by law:
i. apart from statutory consumer guarantees under the Australian Consumer Law and any other non-excludable statutory rights, any other guarantees, conditions and warranties, express or implied, by law, custom or otherwise are excluded and our liability for any Loss arising from a breach of such excludable guarantees, conditions and warranties, or this Agreement, is limited to the supply of relevant Online Services again or the payment of the cost of having such Online Services supplied again;
ii. either party to this Agreement (the first party) will not be liable for any loss which the other party pays, suffers, incurs or is liable for, for any reason, including as a result of delay, or any act, advice, matter or thing done or permitted or omitted to be done by the first party (including its employees, contractors or agents) in any way connected with or arising out of this Agreement (unless the loss is covered by non-excludable statutory guarantees or rights, or the first party is at fault, has breached the agreement or has been negligent);
iii. While we will use reasonable care in providing the Online Services to you, we can’t guarantee that the Online Services will always be free from faults; and
iv. We may ask you to provide additional details or require you to confirm your details to enable us to continue to provide you Online Services. You agree to provide us with current, complete and accurate details when asked to do so.
a. To the extent permitted by law, we may modify, upgrade or make other changes to the Online Services from time to time in our absolute discretion.
b. AGL may vary this Agreement at any time. If we do so, and we reasonably consider that any such variation causes you no detriment, we will provide you with written notice of the variation as soon as practicable, which may be after the variation takes effect but no later than on your next bill. Otherwise, we will provide you with reasonable advance notice (of 14 days at a minimum) of any such variation in writing. If you wish to terminate this Agreement, you may do so in accordance with clause 7(a) below.
6. Accuracy of information
a. Subject to clause 6(b), Online Services has functionality that may let you explore your energy profile, including energy usage charges and the kWh or MJ usage amounts from your current and previous billing periods. Usage charges, kWh or MJ usage amounts, account balances, generation and other information or representations displayed in the Online Services are indicative only and should be used as a guide only. Such information may use delayed data, use assumptions or be based on estimates only. Any information provided in the Online Services may differ from your final bill and does not replace your actual bill. Without limiting the foregoing:
i. Data delays:
A. For digital metered accounts, data may be delayed by a minimum of 1 day.
B. For non-digital metered accounts, data may be delayed until your next bill is issued, which may be up to 3 months.
A. For non-digital metered accounts, where your ‘usage’ or ‘usage charge’ is shown, this figure includes usage charges only. It does not include other charges such as supply, demand or green charges and excludes all energy plan discounts. It does not include concessions, solar feed-in tariffs or other once-off charges or benefits.
B. For digital metered accounts:
1. 'Cost to date’: this figure 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 does not include concessions, solar feed-in tariffs, credits or other once-off benefits.
2. ‘Bill projection’: this projection is based on an estimate of your usage for the current billing period, which is estimated based on historical usage. It includes any applicable guaranteed or double up discounts but excludes pay on time and direct debit discounts. This estimate includes supply and usage charges but excludes fees and other charges such as demand and green charges. It does not include concessions, solar feed-in tariffs, credits or other once-off benefits.
3. ‘Usage’ or ‘Usage Charge’: this amount includes usage charges only inclusive of any applicable guaranteed or double up discounts. It does not include other charges such as supply, demand or green charges and excludes conditional discounts such as direct debit or pay on time discounts. It does not include concessions, solar feed-in tariffs or other once-off charges or benefits.
4. In relation to the data used to calculate the cost to date, bill projection and usage or usage charge:
a) AGL may use estimates where actual data is not available.
b) Estimates of your “projected bill” may vary substantially from your actual final bill depending on a number of factors outside of AGL’s control, including changes in your behaviour, conditional discounts and bill adjustments.
c) Bill payments you have made may not be reflected in the Online Services for a few days.
d) Solar generation and export data may not be displayed in certain versions of Online Services. Please refer to your actual bill for this data.
e) Your energy bill, which you may be able to download from the billing tab when using the web-based MyAccount Online Services, may display different energy Usage charges and is a more accurate reflection of these figures.
b. Clause 6(a) does not apply to any 'CDR data' you are permitted to access under the CDR, as defined in the Competition and Consumer Act (CDR data). For further information about the CDR and the accuracy and availability of CDR data, see the AGL CDR Policy (PDF) and clause 13 of this Agreement.
c. Online Services has functionality that may also let you explore your telecommunications profile. For information about accuracy of information please give AGL Telecommunications a call on 1300 361 676 (8am–8pm AEST/AEDT).
d. By using Online Services, you agree not to attempt to rely on the estimates and indicative figures shown in place of your actual energy and telecommunications bills.
e. To the extent permitted by law, and unless arising from our fault, breach of this Agreement or negligence, we accept no liability for:
i. any errors in, or omissions from, any information referred to or made available in the Online Services; or
ii. any loss suffered or incurred by you or any person arising from or in connection with you or that person placing any reliance on the information or its accuracy, completeness, currency or reliability.
f. Please view our Help and Support pages for further details.
a. You may terminate this agreement at any time by providing us with 3 days’ notice and discontinuing your use of the Online Services.
b. To the extent permitted by law, we may terminate this Agreement or suspend your account (and any related accounts) and your access to the Online Services at any time upon 7 days’ notice.
c. Without limiting the foregoing, and to the extent permitted by law, if, we reasonably consider that you have engaged in, or your Online Services access is involved in, any fraudulent, unlawful or dishonest activity (including if you substantially breach any of your obligations under this Agreement) we may withhold or suspend our performance of this Agreement immediately, without affecting our accrued rights and obligations.
a. You must keep your login details and any other credentials or identifiers used to access the Online Services secret and ensure that you check your email for any relevant updates we may send you.
b. If you store credit card details on your mobile phone, please protect your security with a security code.
c. While you’re logged in to Online Services, anyone with access to your phone or computer screen will be able to view the information provided in the Online Services. We recommend using a screen lock passcode if others have access to your phone or computer, particularly if you are using Online Services for payments.
9. Governing law
a. These terms and conditions are governed by the laws of the State of New South Wales, Australia.
a. If you are using a payment facility available in the Online Services, these terms and conditions apply to you.
b. If we are unable to successfully process your payment for reasons beyond our commercially reasonable control, we will reasonably attempt to notify you of the dishonoured payment promptly using contact details we hold for you. This may impact any discounts or the provision or our products and services to you. Your financial institution or any other payment service provider may charge you a dishonoured payment fee. AGL may also charge a late payment fee if you fail to pay a bill on time, as set out in your retail contract with AGL (including the fee schedule), except for any customer whose premises is located in Victoria or any electricity customer on a standard retail contract whose premises is located in the Energex distribution area of Queensland.
c. You must not pay, or attempt to pay, through any fraudulent or unlawful means.
e. Payments by Credit Card:
i. For energy accounts, with your permission, we can securely store your credit card information in your AGL Online Services account to save you time when making future payment.
ii. For energy account payments, processing fees may apply to the total payment amount (incl GST) for debit cards - Visa 0.14%, Mastercard 0.30% and credit cards - Visa 0.65%, Mastercard 0.78%.
iii. Energy account payments submitted before 6pm AEST will reach your account by the next business day. Any payments submitted after 6pm AEST will take up to 2 business days to reach your account.
iv. For telecommunications account payments, a fee applies for payments made on debit card and credit card (0.64% incl. GST). This fee will appear on your next bill.
v. Telecommunications account payments may take up to 1 business day to reach your account.
vi. If you have paid your outstanding bills in full, you can disregard any payment reminder notices during this period.
f. Payments using PayPal (only available to energy accounts):
i. AGL does not charge a fee when you pay by PayPal.
ii. Payments submitted before 6pm AEST will reach your account by the next business day.
iii. Payments submitted after 6pm AEST will take up to 2 business days to reach your account. If you have paid your outstanding bills in full, you can disregard any payment reminder notices during this period.
11. In this Agreement AGL means,
a. if your supply address is located in:
i. Victoria, Queensland, Western Australia or Tweed Supply area: AGL Sales Pty Limited (ABN 88 090 538 337) of Level 24, 200 George Street, Sydney, NSW 2000;
ii. South Australia: AGL South Australia Pty Limited (ABN 49 091 105 092) of Level 24, 200 George Street, Sydney, NSW 2000;
iii. New South Wales and the relevant energy type is:
A. electricity, AGL Sales Pty Limited (ABN 88 090 538 337) of Level 24, 200 George Street, Sydney, NSW 2000;
B. gas, AGL Retail Energy Limited (ABN 21 074 839 464) of Level 24, 200 George Street, Sydney, NSW 2000;
b. in relation to the CDR, the applicable entity listed in (a) above, in relation to electricity;
c. in relation to the installation of goods or the supply of solar monitoring services via AGL Solar Command: AGL Energy Services Pty Limited, ABN 57 074 821 720; and
d. in relation to telecommunications services: Southern Phone Company Limited ABN 42 100 901 184 trading as AGL Telecommunications.
b. Except for account services requested by you under a CDR data sharing arrangement between you, AGL and an accredited third party, we do not authorise, promote or endorse the use of account services offered by third parties to access your accounts.
13. Consumer Data Right
a. If you are accessing or using the CDR facility made available by AGL, these terms and conditions apply to you.
b. The CDR, sometimes called Open Energy, allows you to share your CDR data. You can share your CDR data with accredited third parties if you satisfy certain eligibility criteria. Any data sharing arrangements entered into under the CDR will not affect any existing data sharing permissions on your account that are not related to CDR data. For more information on how you can share your CDR data, see our CDR Policy.
c. Residents of Western Australia, gas accounts, off-market embedded networks, unmetered supply accounts, AGL mobile, AGL internet and former Power Direct accounts are not currently able to share their CDR data or may have limitations on sharing their CDR data. AGL does not offer joint accounts.
d. You may select any eligible electricity account for data sharing. Accounts that are eligible include those that are open, and certain data is available for accounts that have been closed within the last 2 years.
e. You can assign representatives to share data on your behalf (known as secondary users, authority to act users and nominated representatives). If you are an individual, you can assign a secondary user to your account or appoint a person with authority to act on your account, where they have a power of attorney, state trustee or court appointed authority who may act on your behalf. Business customers must assign a nominated representative to their account in order to share data under the CDR. For more details about these representative roles, see the CDR Help & Support Guide. If you are a secondary user, authority to act user or nominated representative, you can view and manage data sharing arrangements via your CDR dashboard. This Agreement will govern your use of AGL’s Online Services.
f. You can revoke any existing data sharing authorisations for an accredited third party at any time, using your CDR dashboard.
g. Some CDR data shared with accredited third parties may not reflect the latest data available. Whilst we endeavour to minimise differences between what you receive via the CDR and other Online Services wherever possible, technical limitations may result in a short delay as this data updates across our systems. Without limiting the foregoing, information or representations displayed in the CDR are indicative only and should be used as a guide only. Such information may use delayed data, use assumptions or be based on estimates only. Any CDR data may differ from your final bill and does not replace your actual bill.
j. Assigning CDR representatives. Certain steps must be taken before assigning a representative to share data on your behalf:
i. An authority to act user (appointed under a power of attorney, state trustee or court appointed authority) can be appointed with an authority to act for CDR purposes if the scope of their authority allows this. If you are a residential customer who would like to assign a representative to your account, you must contact AGL by calling 131 245. If you are a business customer who would like to appoint a Nominated Representative to authorise data sharing on behalf of a business, you must complete the Nominated Representative Form.
You must provide correct and accurate information about these individuals. If any information is incorrect, we may not be able to verify their identity and they may not be able to authorise data sharing on your behalf.
ii. Individuals who you want to assign as a representative (as a secondary user, an authority to act user or a nominated representative) must meet the eligibility criteria described in the CDR Help & Support Guide.
iii. You may remove a representative from their role, and their ability to share data may also cease if their eligibility changes. For example, if you remove an authorised contact from your account that has been appointed as a secondary user (for residential accounts), they will no longer be able to authorise data sharing from your account. Any existing data sharing arrangements they have authorised will be paused. If a Nominated Representative is removed from their role, the data sharing arrangements they have authorised in the past may continue to remain active, until you choose to stop sharing that data, as long as there is at least one Nominated Representative assigned to the business.
iv. If you are a residential customer, you will be able to see all data sharing authorisations made for your account through your CDR dashboard, including those made by a secondary user. For more information on how to revoke data sharing authorisations made by individuals in these roles, see the CDR Help & Support Guide.