Beatyourbill Customer Terms and Conditions
These are the terms and conditions between you and Carbon and Energy Markets Pty Ltd (referred to as “Beatyourbill” or “us” or “we” in these terms). Please read these terms carefully before proceeding to send us your details. If you proceed, these terms will be part of a legally binding contract between us which will cover your use of the website and the services we provide.
Our Agreement begins when you accept these Terms and Conditions through the Website. Our Agreement ends when either of us terminates the Agreement as provided in this document.
I authorise BEATYOURBILL to identify all likely competing offers for supply to me, based on the data I provide to Beatyourbill.
BEATYOURBILL will not:
- communicate with my electricity provider.
- participate in my agreement with any electricity provider.
- take any step to pay or facilitate payment of my energy bills.
- act in providing electricity providers to me.
- be responsible for any acts or omissions of a third party electricity provider.
BEATYOURBILL will receive fees from me in connection with this Agreement in the manner set out in more detail below.
BEATYOURBILL will not receive any form of fee commission or incentive from an electricity supplier in connection with the provision of electricity supplies to me.
I acknowledge that I must:
- provide accurate information to BEATYOURBILL to enable it to properly assess competing offers from electricity providers.
- ensure that any information I provide to BEATYOURBILL is not misleading in any respect.
- review the suitability of any new electricity offer BEATYOURBILL notifies to me.
- keep confidential any user name or password in respect of the Website; and
- allow my future energy bills to be forwarded to BEATYOURBILL using an email forwarder address provided by BEATYOURBILL, if I so choose.
My responsibility with electricity providers
I must not change my email address or the BEATYOURBILL email forwarder address provided by BEATYOURBILL without notifying BEATYOURBILL.
I acknowledge that a third party electricity provider may reject an offer identified by BEATYOURBILL as appropriate for me for reasons outside the control of BEATYOURBILL or myself
BEATYOURBILL will provide access to the Website for the purposes of this Agreement.
BEATYOURBILL does not guarantee that the Website will be free of interruption and notes that such interruption may occur for reasons outside its control.
suspend, restrict or terminate my access to the Website at any time; and/or amend the content of the Website at any time without notice. use the information provided by me for research and reporting purposes.
I acknowledge that BEATYOURBILL may:
use the information I provide it with in accordance with this Agreement. use the information to perform the services described in this Agreement.
My use of the Website
I acknowledge that I may use the Website and the associated services for my own purposes. I will not use the Website to obtain commercial gain beyond my personal electricity cost saving.
I will not· tamper with or otherwise amend or cause harm to the Website. BEATYOURBILL’s intellectual property rights.
the owner of all copyright in the Website; the owner of all trademarks displayed on the Website; and the owner of all design rights and other intellectual property rights in the Website.
I will not:
reproduce the Website or any part of it; use or reproduce any of the displayed trademarks on the Website; or use any of the other intellectual property rights of BEATYOURBILL other than for the purposes of this Agreement.
BEATYOURBILL’s liability to me
BEATYOURBILL shall be liable:
to the extent that it must assume liability under the Australian Consumer Law; for its negligent acts; and for its fraudulent acts. However, BEATYOURBILL’s liability shall be limited to: an amount equal to the amount of fees I have paid to BEATYOURBILL under this Agreement; and the provision of any further remedy required of BEATYOURBILL by the Australian Consumer Law.
BEATYOURBILL shall not be liable for:
any losses of profit or any other losses of a consequential nature; or any loss occasioned by my breach of the Agreement.
BEATYOURBILL shall not be liable for:
performance of my agreement with any electricity provider; any acts or omissions of the electricity providers; any information provided by the electricity providers; any errors or omissions in the information provided by me; any inability for me to access the Website; or any losses beyond its reasonable control occasioned by my use of the Website such as any losses arising from the electronic transmission of information.
How we resolve disputes
In the unlikely event of a dispute between us· please contact us using the contact details at the end of these Terms. We will then:
contact you promptly; discuss your complaint in good faith and in a non-threatening manner; and make all reasonable efforts to resolve any dispute between us.
When and how I must pay BEATYOURBILL
I must pay BEATYOURBILL a monthly fee inclusive of GST as detailed on the Website, payable when BEATYOURBILL identifies an appropriate offer that it estimates will reduce my annual bill by at least $100 per year and if I accept these terms and conditions.
BEATYOURBILL will obtain any necessary payment from me by:
debiting my credit card for the monthly fee as described above and on the Website; without further notice to me; and regardless of whether I proceed with the offers that BEATYOURBILL has identified for me.
BEATYOURBILL’s protection of my information
BEATYOURBILL shall treat the information I provide:
in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles
BEATYOURBILL may disclose my personal information:
for the purposes of this Agreement; to communicate with me; to obtain payment from me; and if required to by law.
My use of websites of third party electricity providers
I acknowledge that BEATYOURBILL may direct me to the website, email address or telephone number of an electricity provider from its Website; or
25. Any access by me to an electricity provider website:
- shall be subject to the terms and conditions of that website; - shall not be subject to the same terms and conditions as BEATYOURBILL’s Website; and - is at my own risk.
26. I acknowledge that BEATYOURBILL does not:
- take any responsibility for the content of electricity provider websites; - recommend or endorse the content of any electricity provider websites; or - accept any responsibility for liability arising from my use of the website of an electricity provider.
How and when our Agreement will terminate
27. Our Agreement will run from the time you accept these terms and accept liability to the payment of a fee to us as set out in this agreement.
28. I may terminate the Agreement:
- immediately if **BEATYOURBILL** is in breach of the Agreement; or - for any reason after providing **BEATYOURBILL** with fourteen (14) days’ notice.
29. BEATYOURBILL may terminate our Agreement immediately if:
- I breach the Agreement; - its continued performance of the Agreement becomes illegal or causes it loss of reputation; - I do not provide **BEATYOURBILL** with sufficiently updated details to enable it to perform the Agreement; - I do not provide **BEATYOURBILL** with sufficient details to enable it to debit my credit card for fees; or my credit card is declined - any provider of technical services necessary for the agreement ceases to provide such services.
BEATYOURBILL’s right to amend this Agreement
30. BEATYOURBILL may:
- from time to time, amend these Terms; and - post the amended terms on its Website.
31. BEATYOURBILL will not use this method of variation to vary the amount of fees under this Agreement.
32. Any amended terms will apply to BEATYOURBILL and me if:
- **BEATYOURBILL** posts the amended version on its Website; - fourteen days after posting, I have not objected; and - fourteen days after posting, I have not terminated this Agreement.
33. If any of these Terms is held to be unlawful or unenforceable the remainder of these Terms shall still be valid, enforceable and on foot.
34. If BEATYOURBILL fails or is delayed in exercising any right under this Agreement this will not in any way prevent BEATYOURBILL from exercising that right.
35. BEATYOURBILL may transfer its rights and obligations under this Agreement to another party provided that I am not prejudiced in accessing the Website or receiving the benefit of the Agreement.
36. I acknowledge that I may not assign or transfer my rights under this Agreement to any other person.
37. The law and Courts governing this Agreement shall be the law and Courts in place in Victoria.
38. In these Terms, a reference to:
- “Agreement” means the agreement between us formed when you send us your details and which includes these Terms. - “Terms” means the contents of this document. - “Website” means the **BEATYOURBILL** Website found at www.**beatyourbill**.com.au
39. Our contact details are as below:
- Company Name: Carbon Market Economics Pty Ltd (BEATYOURBILL) - Website: www.beatyourbill.com.au - Registered Address: 21a Lansell Crescent, Camberwell, VIC 3124, AUSTRALIA - Customer Support Phone: 0405 505060 - Customer Support Email: firstname.lastname@example.org