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Terms and conditions for AGL's Peak Energy Rewards program
Please read these terms carefully as it will tell you what you need to know about the terms and conditions of participating in AGL’s Peak Energy Rewards Program. AGL’s Peak Energy Rewards Program is an Ancillary Product as defined in your Market Contract.
It is agreed as follows.
1. Definitions and interpretation
In this Agreement, the following definitions apply unless the context requires otherwise:
AGL Credits means the credits provided to You by AGL for your participation in the Program in the amount and method set out in clause 5 or as notified to you from time to time.
Agreement means these terms and conditions for AGL’s Peak Energy Rewards Program.
Electronic Means means any form of electronic communication including email to an agreed email address, text message (SMS or MMS) to an agreed telephone number.
Digital Meter has the meaning provided to it in clause 3.2(c).
Knowledge Sharing Activities means any activities contemplated by any agreement or regulatory arrangements between us and a Regulatory Authority, governmental body, our related companies, an electricity distribution network service provider or other network service provider.
Life Support Equipment has the meaning provided to it in the Regulatory Requirements.
Market Contract means AGL's market retail electricity contract to which these terms are an Ancillary Product.
Notice means a communication given in accordance with clause 10.
Peak Event means any period of one to three hours during a weekday where we consider there is a high demand for electricity, or any test we wish to conduct to assess our readiness for a period of high demand of electricity.
Program means a period during the year when AGL will hold one or more Peak Events as notified to you from time to time in accordance with clause 2.
Regulatory Authority means any governmental or semi-governmental body, including without limitation the Australia Energy Market Operator and the Australian Renewable Energy Agency.
Term has the meaning provided to it in clause 6.1.
All capitalised terms which are defined in the Market Contract will have the same meaning if used in this Agreement unless expressly provided to the contrary.
2.1 We will provide you with Notice by Electronic Means of each Program applying to your Supply Address prior to the commencement of the Program. This Notice will specify:
- the period of the Program;
- the number of Peak Events which will be run in the Program period;
- the value of AGL Credits which may be provided in accordance with clause 5 in the relevant Program;
- any prizes or competition terms relevant to the Program; and
- any other conditions relevant to achieving AGL Credits during the Program we deem relevant.
2.2 Each Program will be location specific to your Supply Address and may differ between States and distribution areas.
3. Eligibility criteria for participation
3.1 You are only eligible to participate at one Supply Address at a time, even though you may be an AGL account holder for multiple Supply Addresses during the Term.
3.2 To participate in a Program, you must:
- be a residential owner or tenant responsible for the electricity supply to your Supply Address which is located in Victoria, New South Wales, Queensland or South Australia;
- be and remain the AGL account holder for the Supply Address for the Term;
- have a digital ‘smart’ meter at the Premises which allows for remote meter reads by your electricity distribution network service provider (‘Digital Meter’); and
- be willing and able to reduce your energy consumption during a Peak Event.
3.3 Despite clause 3.1, you are not eligible to participate in a Program if:
- Life Support Equipment is installed or used at your Supply Address;
- you are participating in, or intend to participate in, any demand response program by another retailer, provider or regulatory body during the Term;
- you are participating at another Supply Address;
- you are under the age of 18
- your Supply Address is located within the distribution area where either Ergon Energy or ActewAGL is your distribution network service provider;
- you are a customer of Powerdirect;
- you are currently disputing a matter with us in relation to your accounts before an ombudsman; or
- you or any person in the Supply Address have an underlying physical or medical condition and rely on electricity for treatment or support, or which may be adversely affected by the reduction of electricity usage.
3.4 You must tell us if your medical condition changes after you sign-up which makes you ineligible to participate in a Program.
3.5 You agree to promptly inform us of any changes to your contact details including any secondary contact details and the Supply Address you provide us via MyAccount, or in any form we provide you from time to time.
3.6 You acknowledge and agree that by updating your contact details you are updating your account contact details not just in respect of the Peak Energy Rewards Program but also in respect of all other accounts, including in respect of your Market Contract, you have with AGL and that AGL will use these new details to contact you for all communications into the future.
3.7 If you change Supply Address (even if you remain an AGL electricity customer and enter into a new Market Contract with us at a new Supply Address) you acknowledge that we reserve the right to immediately terminate this Agreement or suspend you from a Program. To enter the Program at your new Supply Address you will need to expressly agree to this Agreement applying to the new Supply Address by Notice to us via firstname.lastname@example.org or via a form we provide you at the relevant time.
3.8 It is important that we learn as much as possible from your participation and keep you informed of about methods that we reasonably determine may be relevant to you reducing or managing your energy usage as part of this Agreement. Therefore, you provide your express consent and agreement to AGL contacting you by direct mail, telephone or Electronic Means:
- to request feedback from time to time. We will generally ask for feedback by calling you or requesting that you complete an online survey; and
- to inform you of energy insights, energy management tips or AGL products and services (or program partner products and services) that may assist you to reduce or manage your energy.
4. Peak Events
4.1 Between 1 and 24 hours prior to an anticipated Peak Event, we will contact you by text message and invite you to participate in a Peak Event.
4.2 You may opt-in to participating in a Peak Event by replying to the text message we send you prior to the Peak Event, within the time frame set out in the text message.
4.3 You will be provided via text messages with suggested reduction levels, which we will have customised for you and which may differ between Peak Events.
4.4 We will send you your usage reduction data by Electronic Means within 7 business days after the Peak Event. This will display your usage reduction during the course of the Peak Event against the suggested reduction levels customised for you.
4.5 Each Peak Event may last 1 to 3 hours and take place on weekdays between 10am and 10pm (AEST). We may run Peak Events on consecutive days during a Program. Depending on the location of your Supply Address, you may be offered other opportunities to opt-in to participate in Peak Events and obtain AGL Credits specific to your location, which will be notified to you.
4.6 We will not run more than 10 Peak Events in each Program during the Term.
4.7 If you do not opt-in to a Peak Event you will not be eligible to earn AGL Credits for that Peak Event.
4.8 We acknowledge that you are under no obligation to opt-in or participate in any Peak Event. You have absolute discretion as to whether you opt-in to a Peak Event and how much you reduce your electricity usage by during the relevant Peak Event.
4.9 You are responsible for and must assess and take care of the health and safety of yourself and any other person in your Supply Address prior to and throughout each Peak Event. This includes, assessing on a case by case basis if you would like to participate in each Peak Event, adjusting temperatures and settings accordingly throughout the Peak Event and ceasing participation in a Peak Event if there is any risk.
5. Participation Payments
5.1 We will provide you with Notice by Electronic Means of the value of AGL Credits for a Program in accordance with clause 2.1. We may from time to time notify you including via Electronic Means of ‘bonus’ AGL Credits which are available for participating in a Peak Event (including any conditions for earning such bonus AGL Credits) prior to the relevant Peak Event commencing.
5.2 The value of AGL Credits may vary depending on:
- whether you have reduced your electricity consumption, measured on an average basis over the course of the Peak Event, to at or below a particular level for the duration of a Peak Event;
- whether you have participated in a certain number of Peak Events during a Program; or
- the total number of kWh you have reduced your electricity consumption during a Program.
5.3 If you do not agree with a change to the value of the AGL Credits or associated conditions, you have the right to reject the change by terminating this Agreement prior to the change coming into effect by providing written Notice to us at email@example.com. Subject to applicable law, you accept the new AGL Credit amounts and any relevant conditions by continuing to participate after the AGL Credit change takes effect.
5.4 We or one of our Related Bodies Corporate (acting as our agent) will credit the AGL electricity bill associated with your Market Contract in the amount of any AGL Credits.
5.5 For clarity, under this Agreement:
- you are only entitled to payment in the form of AGL Credits;
- no amounts are payable to you; and
- AGL Credits may only be applied as part payment of your AGL electricity bill and are not transferrable and are not redeemable for cash.
5.6 From time to time we may run competitions associated with a Program. If we do, we will notify you by Electronic Means or post the details on our website of the terms and conditions and any prizes via prior to the competition commencing.
5.7 You acknowledge that in the event meter data is not made available to us during a Peak Event (e.g. the remote read on your Digital Meter was temporarily unavailable), you will be considered to have not participated in the Peak Event. AGL may, in its absolute discretion, opt to pay you a form of reward where event meter data is not made available to us during a Peak Event.
6. Duration and Termination of the Program or this Agreement
6.1 This Agreement will automatically renew on a month to month basis and be deemed to be automatically extended until either party terminates it in accordance with its terms (Term). All terms and conditions will continue to apply during any extended period of the Term.
6.2 If you no longer wish to participate and wish to terminate this Agreement, you may provide us with Notice in writing at any time. If you do, we will no longer inform you of any Peak Events and we will terminate this Agreement from the date we receive your Notice.
6.3 We may immediately terminate this Agreement or suspend your participation in a Program or Peak Event if:
- we are unable to obtain meter data from your Digital Meter for any reason;
- if we determine acting reasonably that you are in breach of this Agreement;
- if your Market Contract with AGL is terminated.
6.4 We may also end a Program or terminate this Agreement at any time for convenience by providing you with a Notice in writing.
6.5 If this Agreement is terminated, you will be entitled to retain the AGL Credits that you have already received as at the date of termination and we will credit you the AGL Credits that have accrued up to the date of termination. You will not be entitled to receive any other AGL Credits.
7.1 From time to time we may vary the Agreement (including varying the AGL Credits, Participation Payments and Program) by prior Notice to you. This written Notice will set out the terms of the variation. You may reject the variation; in which case this Agreement will be deemed to be terminated from the date we receive your rejection Notice.
7.2 If you accept the terms of the Notice or fail to provide us with a rejection Notice within any reasonable specified time period under any Notice, the variation will be incorporated into this Agreement automatically from the date of acceptance or when the period for rejection has lapsed.
8.1 You are responsible for any decision that you make to opt-in to any Peak Event and reduce your electricity consumption and ensuring that any appliances or devices within your home are functioning in a proper manner.
8.2 In responding to a Peak Event, we encourage you to consider if reducing your electricity consumption during a Peak Event may damage or compromise your appliances or devices.
8.3 You acknowledge and accept that we will measure your electricity usage at any point in time based on the information provided to us by your Digital Meter only. Provided we comply with that, any determination that we make regarding the amount you have reduced your electricity usage is final and binding.
8.4 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 you:
- participating in this Program; or
- reducing your electricity consumption as requested by us during a Peak Event.
9. Privacy and confidentiality
9.2 You agree that we may access and use your meter reads and national metering identifier for any reasonable purposes in connection with this Program, including but not limited to:
- calculate and process AGL Credits to you; and
- share your personal information and national metering identifier with third parties, including your distribution network service provider, any Regulatory Authority or such other entity associated with the Program; and
- to provide reporting to any Regulatory Authority,
and you consent to such third parties, Regulatory Authorities and your distribution network service provider using and sharing such personal information and national metering identifier for any purpose they see fit, subject to any applicable privacy laws including the Privacy Act 1988 (Cth).
9.3 If you provide us with a secondary contact person to notify, you confirm that you have obtained the consent of the relevant person for us to send notifications.
9.4 You agree and consent to us or our related companies:
- contacting you regarding a Peak Event, the reduction in your electricity usage and any other matter connected to the Program;
- contacting you in relation to future trials or demand response programs that we may conduct;
- using your electricity consumption and reduction data for internal assessments, developing new products and services and marketing activities for existing or new products and services; and
- monitoring your electricity consumption and reduction data and sharing this data, as well as your personal information and national metering identifier, with a Regulatory Authority or distribution network service provider for the Knowledge Sharing Activities.
10.1 Any Notice from us to you may be:
- in person,
- by telephone, or
- in writing, including by Electronic Means, which may consist of a link to details of the Notice on our website or in My Account.
The agreed details we will use to communicate with you will be the contact details set out in your AGL My Account profile.
10.2 Any Notice under this Agreement if required to be sent from You to us, it must be made in writing to firstname.lastname@example.org.
10.3 Any written communication is deemed to have been received:
- if sent by mail, two Business Days after the date of sending; or
- if sent by Electronic Means, on the earlier of:
(A) receipt of delivery confirmation; or
(B) the day of transmission, unless otherwise notified that delivery of the communication was unsuccessful or delayed.
Where any communication under this Agreement is required to be in writing, if you and we agree, the communication may be made in a form other than writing, including verbally over the telephone.
“AGL PEAK ENERGY REWARDS PROGRAM – DRAW” PROMOTION
TERMS AND CONDITIONS
- Information on how to enter and the prize(s) form part of these Terms and Conditions. Participation in this promotion is deemed acceptance of these Terms and Conditions.
- These Terms and Conditions must be read in conjunction with the “AGL’S PEAK ENERGY REWARDS PROGRAM – TERMS AND CONDITIONS”. In the case of inconsistency these Terms and Conditions shall prevail.
- Entry is only open to NSW, VIC, SA, and QLD residents aged 18 years or over who are members of the Promoter’s Peak Energy Rewards Program and have provided their phone number to the Promoter and consented to be contacted for the purposes of this promotion.
- The peak event promotional campaign period will commence on 01/12/20 and close at 30/06/21 (“Campaign Period”).
- During the Campaign Period, the Promoter will send a SMS inviting each member to participate in an upcoming peak event (“Peak Event Promotion”). The Promoter will determine in its discretion when a Peak Event Promotion will occur, and the SMS in relation to the Peak Event Promotion will set out the start date and end date of the Peak Event Promotion as well as the draw date and the date for winner publication.
- Each Peak Event Promotion conducted during the Campaign Period will be a separate promotion that is subject to these Terms and Conditions.
- For further details regarding the Promoter’s Peak Energy Rewards Program, please visit: https://www.agl.com.au/peakenergyrewardsterms
- To enter and receive an automatic entry into the draw for a Peak Event Promotion, members must reply “YES” to the Promoter’s SMS before the close date specified on the SMS. SMS entry cost will vary dependent on the mobile network used but will not exceed 55c.
- Only one (1) entry into a Peak Event Promotion is permitted per household.
- The Promoter reserves the right, at any time, to verify the validity of entries and entrants (including an entrant’s identity, age and place of residence) and reserves the right, in its sole discretion, to disqualify any individual who the Promoter has reason to believe has breached any of these Terms and Conditions, tampered with the entry process including but not limited to tampering by way of use of techniques designed to avoid the payment of SMS costs or engaged in any unlawful or other improper misconduct calculated to jeopardise fair and proper conduct of the promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
- Incomplete or indecipherable entries will be deemed invalid.
- If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the entrant.
- The draw for the Peak Event Promotion will take place at Anisimoff Legal, Suite 5, 210 Central Coast Highway Erina NSW 2250 on the draw date as specified in the SMS, and in any case no later than 30/06/21. The Promoter may draw additional reserve entries and record them in order in case an invalid entry or ineligible entrant is drawn. Winners will be notified by email within two (2) business days of the draw. Winners will be published on https://www.agl.com.au/peakenergyrewardsprize on the date specified in the SMS for the Peak Event Promotion, and in any case no later than 30/06/21.
- The Promoter’s decision is final and no correspondence will be entered into.
- Entries will be divided into the following State: NSW, VIC, SA and QLD (where applicable). The first four (4) valid entries drawn in each State will each win a Google Mini Nest Smart Home devices kit valued at $288.00.
- Subject to the unclaimed prize draw clause, if for any reason a winner does not take a prize (or an element of the prize) at/by the time stipulated by the Promoter, then the prize (or that element of the prize) will be forfeited.
- If any prize (or part of any prize) is unavailable or the same person has won the prize two or more times as part of the promotion, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
- The maximum total prize pool value in a Peak Event Promotion is $4,608. The maximum total prize pool value of each State in a Peak Event Promotion is $1,152.
- Prizes, or any unused portion of a prize, are not transferable or exchangeable and cannot be taken as cash, except where the same person has won the prize two or more times as part of the promotion and the Promoter, in its discretion, opts to offer an alternative substitute prize of equal value, subject to any written directions from a regulatory authority.
- A draw for any unclaimed prizes may take place on 30/09/21 at the same time and place as the original draw, subject to any directions from a regulatory authority. Winners, if any, will be notified by email within two (2) business days of the draw and their names will be published on https://www.agl.com.au/peakenergyrewardsprize from 01/10/21.
- Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
- If this promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, including but not limited to technical difficulties, unauthorised intervention or fraud, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the promotion, as appropriate.
- Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotion.
- Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter (including its respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; (d) any variation in prize value to that stated in these Terms and Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of the prize.
- The Promoter is AGL Energy Limited (ABN 74 115 061 375) of 699 Bourke St, Docklands VIC 3008, telephone 131 245.