AGL operates the pilot AGL Solar Exchange Program, which allows participants to trade Solar Tokens with their friends and family and the community.
This agreement sets out the terms and conditions on which we will allow you to register for an account and participate in the AGL Solar Exchange Program.
It is agreed as follows.
1 Definitions and Interpretation
The following definitions apply unless the context requires otherwise.
Account Balance means the value of the Solar Tokens Traded on the Platform immediately following the Settlement Time and your Trade Bonus.
AGL meansAGL Energy Services Pty Limited ABN 74 115 061 375
Agreement means these terms and conditions.
Buyer means the purchaser of a Solar Token in the Platform.
Commencement Date has the meaning specified in clause 9.1(a).
Community means any User on the Platform who you have not connected with as Friends and Family.
Expiry Date has the meaning specified in clause 9.1(a).
Friends and Family means a User on the Platform who You have nominated as a member of your ‘Friends and Family’ in the Platform, including through the ‘Find Connections’ feature on the Platform, and who has accepted your connection request.
Market Contract means AGL’s market retail electricity contract to which these terms are an Ancillary Product.
Platform means the AGL Solar Exchange platform as further described in clause 4.
Profile has the meaning specified in clause 12.
Program means the pilot AGL Solar Exchange program, as further described in clause 2.
Seller means the seller of a Solar Token in the Platform.
Settlement Time means the time nominated by AGL where Trades for a Trading Day will be matched, which may be up to 7 days following a Trading Day.
Solar Token means a representation of an amount of electricity generated from solar PV systems owned by the Sellers on the Platform, where 1 Solar Token represents 1kW/h of solar electricity exported to the grid.
Term means the period of time commencing on the Commencement Date and ending on the Expiry Date, unless terminated earlier in accordance with this Agreement.
Trade means the transfer of Solar Tokens in the Platform from a Seller to a Buyer.
Trade Bonus means rewards or other benefits which may be offered to Users.
Trade Settings means the settings active in the Platform at the relevant Settlement Time, including the price parameters and Friends and Family and/or Community which you authorise the Platform to sell or buy Solar Tokens.
Trading Day means all Trading Period in a calendar day.
Trading Period means each period between midnight and 6am, 6am and 6pm and 6pm and midnight of the next day or as otherwise notified by AGL from time to time.
User means a Buyer and/or a Seller (as the context determines) who AGL has accepted to Trade on the Platform.
Utility means the market operator, a Distributor or transmission company or your electricity retailer.
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.
(a) You agree to participate in the Program on the terms and conditions set out in this Agreement.
(b) Provided you comply with your obligations under this Agreement, we will:
(i) provide you with access to the Platform;
(ii) allow you to make Trades with Friends and Family and the Community on the Platform; and
(iii) update your Account Balance in accordance with clause 7,
on the terms and conditions of this Agreement.
3 Eligibility criteria for participation
(a) To be eligible to participate in the Program, you must:
(i) be the account holder for the electricity Market Contract at the Supply Address;
(ii) have a Digital Meter installed at your Supply Address;
(iii) live in Victoria;
(iv) not be participating in any electricity or solar trading or similar program; and
(v) use the Supply Address only for residential purposes.
(b) In addition to clause 3(a), if you are a Seller, you must:
(i) have working photovoltaic solar panels on the roof of your Supply Address; and
(ii) in general, be an exporter of solar electricity to the grid.
(c) You must promptly notify us if you are or expect to no longer be eligible to participate in the Program.
(d) You acknowledge and accept the following:
(i) To participate in the Program, AGL will register you for AGL Online Services. You may set up an online account via a weblink we will send to you.
(ii) Participation in the Program is an ‘Ancillary Product’ within the meaning of your Market Contract and is not the ‘supply of electricity’ and does not form part of an Energy Plan.
(iii) The Platform involves virtual trading of notional Solar Tokens. There is no actual transfer or supply of solar electricity from one User to another. Trades on the Platform do not in any way alter the electricity you consume or send to the grid.
(iv) By trading on the Platform, you may incur a negative Account Balance which will result in additional Charges being applied to your electricity bill in accordance with clause 7. You are solely responsible for setting and reviewing your Trade Settings and we recommend that you monitor your Trade Settings at regular intervals.
(v) Your Usual Billing Period may be changed to accommodate your participation in the Program. We will notify you promptly if we make any changes to your Usual Billing Period.
(vi) Other than as stated in this Agreement, this Agreement does not alter your Market Contract. For the avoidance of doubt, Trading does not vary any underlying Rates or Charges specified in your Market Contract.
(a) In order to obtain access to the Platform, you must register for an AGL Solar Exchange account.
(b) Within the Platform, you may, amongst other things:
(i) invite your friends and family to join the Program and become a Friends and Family;
(ii) connect with Friends and Family and/or the Community;
(iii) set your solar power system and battery details;
(iv) set your Trade Settings; and
(v) view your trading activity with your Friends and Family and the Community; Transaction History, historical Settlement Times, your Trade Bonus and Account Balance.
(c) You must:
(i) not disclose your password to any person; and
(ii) take steps necessary to ensure the security of your device and access to the Platform.
(a) The Platform will Trade in accordance with the following rules at the Settlement Time:
(i) If you are a Seller, you will receive one Solar Token for each kilowatt hour of solar electricity sent to the grid from the Supply Address in each Trading Period, as measured by the Digital Meter at the Supply Address.
(ii) The Platform will match Trades for each Trading Period for a Trading Day in accordance with the Trade Settings which are active at the Settlement Time, in blocks of 0.1 Solar Tokens.
(iii) If your Trade Settings include Friends and Family, the Platform will prioritise a Trade with Users who are Friends and Family over a Trade with the Community.
(iv) A Solar Token (or part of) which has not been Traded in the Trading Period it was generated will automatically expire.
(v) Solar Tokens may only be Traded once and will automatically expire once it is Traded.
(vi) Solar Tokens cannot be ‘stored’ or traded on a secondary market.
(vii) We will execute Trades within the parameters of your Trade Settings, but do not guarantee that any Trades will reflect any particular value, volume or outcome.
(b) As the Platform conducts Trades only on receipt of information from your Digital Meter, and that of other participants on the Platform, Trades will be effected on a delayed basis, such that, each Settlement Time will execute Trades using your then current Trade Settings to execute Trades for a Trading Period which the Platform receives Digital Meter information for. Therefore, Trades may be executed up to 7 Business Days delayed.
(c) We will publish on the Platform the Settlement Times for each Trading Day.
(d) We may at our discretion:
(i) not execute a Trade on the Platform, including but not limited to if no adequate matches are identified, there are unanticipated technical difficulties or if we do not receive information from your Digital Meter in time;
(ii) correct, reverse, or cancel any Trade impacted by an error to which we become aware; and
(iii) optimise the matching algorithms on the Platform to improve the performance of the market.
provided that where we do so, we will use reasonable endeavours so that your Account Balance is not materially adversely affected.
6 Trade Bonus
(a) We may, from time to time, offer Trade Bonuses to Users of the Platform on such terms and conditions to be published on the Platform from time to time.
(b) You may accept the Trade Bonus by such method specified in the Platform.
(a) We will update your Account Balance with:
(i) the value of the Trade; and
(ii) the details of the Trade, including the Trading Period, volume of Solar Tokens Traded, value price and User you Traded with,
within 1 day of each Trade Settlement.
(b) We may aggregate the number and value of Solar Token Trades which have occurred with the same User in your Account Balance.
(c) The value of any Trade Bonus will be added to your Account Balance at such intervals published on the Platform or terms and conditions applicable to the Trade Bonus.
(d) Your Account Balance will adjust the price of the supply of electricity on your AGL electricity bill so that:
(i) if your Account Balance is positive, your AGL electricity bill will be reduced by the Account Balance; and
(ii) if your Account Balance is negative, your AGL electricity bill will be increased by the Account Balance.
(e) Solar Tokens and any amounts set out in your Account Balance are only available to be applied to the cost of AGL products and services on an AGL electricity bill, are not transferrable and are not redeemable for cash.
8 Other User obligations
You agree to:
(a) participate in surveys, feedback interviews, online discussion forums and other data collection activities reasonably requested by us for the purposes of the Program; and
(b) notify us of your intention to transfer ownership of or move out of or stop residing at the Supply Address at least 20 days before you vacate the Supply Address or cease to be the owner of the Supply Address (as applicable).
9 Duration and Termination of this Agreement
(a) This Agreement commences on the date that you accept the terms of this Agreement (the Commencement Date) and will expire on 31 December 2019 (Expiry Date) unless extended by notice to you or terminated in accordance with this Agreement.
(b) For the purposes of clause 9.1(a) you may accept the terms of this Agreement by indicating your acceptance by electronic means in the Platform.
(a) We may at any time immediately terminate this Agreement by delivering written notice to you:
(i) if you cease to be the Account Holder at the Supply Address;
(ii) we determine (in our absolute discretion) that you no longer meet the Eligibility Criteria or are otherwise in breach of this Agreement;
(iii) we determine you are conducting an unlawful activity in association with the Platform; or
(iv) we determine you are using or generating excessive amounts of electricity at the Supply Address.
(b) We may at any time terminate this Agreement for convenience on 5 Business Days’ notice by giving you written notice.
(c) You may at any time terminate this Agreement for convenience on 5 Business Days’ notice by letting us know via email at email@example.com giving us written notice.
(d) Termination of this Agreement for any reason will not affect rights or obligations stated to survive termination, or which by their nature are intended to survive termination.
(e) Upon termination:
(i) we will cancel your access to the Platform;
(ii) any Solar Tokens generated will expire; and
(iii) we will adjust your AGL electricity bill with your Account Balance in accordance with clause 7(d).
(a) You acknowledge and accept that the Program is a pilot program and the Platform is in a ‘trial stage’. As such, the Platform is made available to you ‘as is’ and that AGL has not made, and that no person acting on behalf of AGL has made, any representation as to the Platform’s merchantability or suitability for any particular purpose or that the Platform is error free.
You acknowledge and accept that this is a trial and information about your participation in this Program, the Platform and the Data (including the fact of Your participation in the Program and the terms of this Agreement) is “Confidential Information”, in respect of which You agree:
(a) the Confidential Information is secret, confidential and valuable to AGL;
(b) You owe an obligation of confidence to AGL concerning the Confidential Information and must not disclose any of the Confidential Information to any other person other than in accordance with the provisions of this Agreement or if you are compelled to by the Regulatory Requirements;
(c) as between the parties, all rights and interests (including all intellectual property rights) in the Confidential Information belong solely to AGL;
(d) You have no right or interest in the Confidential Information other than the right to use and disclose it on the terms of this Agreement; and
(e) this clause 12 survives the termination or expiry of this Agreement for a period of two years.
12 Information sharing
(a) Our Services allow sharing of information on the Platform with other Users, such as your first name and first initial of your last name, postcode, email address, whether you are a buyer or seller and your membership rank (Profile).
(b) AGL will honour any settings you make about who can see your Profile (e.g., restricting your Profile visibility from appearing in ‘Find Connections’ searches and new connection suggestions made to other Users).
(c) If you register for the Program on or after 23 October 2019, your Profile will automatically be visible to other Users on the Platform unless you opt-out.