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, 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 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, 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 telecommunication and web-based chat 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.
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. Nothing in this Agreement is intended to exclude, restricted or modify the application of those guarantees.
b. Subject to sub clause (a) and to the extent permitted by law:
(i) all 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 guarantees, conditions and warranties, or this Agreement, is limited to the supply of Services again or the payment of the cost of having such Online Services supplied again;
(ii) we will not be liable for any loss which you pay, suffer, incur or are liable for any reason, including as a result of delay, negligence or any act, advice, matter or thing done or permitted or omitted to be done by us, our employees, contractors or agents in any way connected with or arising out of this Agreement;
(iii) you will be liable for and you indemnify us against any loss which we pay, suffer, incur or are liable for in connection with any breach of this Agreement, or negligence, by you or as a result of us exercising our rights under this Agreement;
(iv) 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
(v) 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. We may modify, upgrade or make other changes to the Online Services from time to time in our absolute discretion
b. Supplemental terms or variations to this Agreement may be made by AGL from time to time and are expressly incorporated herein by reference. We may provide notice of supplemental terms or variations using your contact details or post such variations in the Online Services. If you do not agree with all of these supplemental terms or variations, then you must discontinue use immediately.
6. Accuracy of information
a. 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:
(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.
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. 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).
c. 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.
d. To the extent permitted by law, we accept no liability for:
(i) any errors in, or omissions from, any information referred to or made available in the Online Services; and
(ii) liability for 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.
e. Please view our Help and Support pages for further details.
a. 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.
b. Without limiting the foregoing, if, in our opinion, you engage in any unlawful activity, dishonest activity (including if you breach your obligation 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 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, then we may notify you of dishonour and this may impact any discounts or the provision or our products and services to you and you may incur a dishonoured payment fee.
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, a fee applies for payments made on debit card (0.39% incl. GST) and credit card (0.79% incl. GST).
(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 (0.39% 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 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
c. in relation to telecommunications services: Southern Phone Company Limited ABN 42 100 901 184 trading as AGL Telecommunications.