These are the terms and conditions (Terms) on which Wattwatchers Pty Ltd ACN 123 010 588 (Wattwatchers) gives access to and services through its application, device, cloud infrastructure and related software (together the Platform).

The Platform allows you to:

1. access your real-time energy data through a Wattwatchers or compatible device (Monitoring Device);
2. access an 'Energy App Store' to do things like view comparisons from energy retailers, share your energy data with Wattwatchers and third parties in exchange for subsidised products, and receive promotions from third parties; and
3. contribute to energy innovation by sharing your energy data though a 'Energy Data Hub', (together the Services).

Please read these Terms before accessing the Platform.

By accessing or using the Platform:

1. you agree to be bound by these Terms and to the collection and use of your information as set out in our Privacy Policy; and
2. you represent that:

• you are at least 16 years old;
• you are an Australian resident;
• you are legally capable of entering into binding contracts; and
• any information provided by you to Wattwatchers is truthful, accurate and complete.

Wattwatchers may change these Terms from time-to-time, for example in response to changes in the service or to our practices relating to our use of your data, by posting the updated Terms on our website, and by giving you reasonable notice of the amended Terms by email and/or through the Platform. You will be subject to the Terms that are published at the time when you access the Platform or Services. Your use of the Platform constitutes your acceptance of the Terms current at the time of use.

Wattwatchers grants you a limited, non-exclusive, non-assignable, non-transferable licence to access and use the Platform and Services for your own personal, non-commercial purposes on the Terms. All rights not otherwise expressly granted by these Terms are reserved by Wattwatchers.

You cannot reproduce, copy, publish, sell or exploit any part of the Platform including the intellectual property rights in the Platform.

To use and access the Platform you must:

1. have a compatible Monitoring Device installed in accordance with Wattwatchers’ instructions and relevant safety protocols and regulations;
2. download the Platform and set up an Account (defined in section Your Account below); and
3. pair the Monitoring Device with your Account.

Where your chosen Monitoring Device requires installation by a qualified electrician, Wattwatchers provides support to the installer and/or the relevant Wattwatchers partner.

Wattwatchers provides you with support for software applications related to the Platform either directly, or via our partners, as appropriate.

You can access our support services via the options outlined at https://wattwatchers.com.au/support, or via email at support@wattwatchers.com.au.

Your use of the Monitoring Device (‘device’) with the Platform is subject to your ongoing acceptance of these Terms.

A compatible device can be purchased from Wattwatchers, or from third party suppliers or resellers. If you purchase from third party suppliers or resellers, additional terms from those vendors may apply.

Wattwatchers will support device installers by making available to them a variety of documents and other tools to help with correct and accurate installation. However, if the device is installed by a third party, Wattwatchers has no responsibility for the proper installation of the device or your costs associated with the installation.

The accuracy of the data you receive from the device will depend on correct installation. Wattwatchers does not accept liability for any faulty installation of your device, nor liability for any costs that arise or opportunities that are lost in connection with the installation of your device, and is not liable to you if any of the information supplied through the device is incorrect.

If you move premises you will be responsible for the deactivation of your installed device, and installation of a new device at your new premises. If you move your device from one premises to another, Wattwatchers installation support and warranty provisions cease to apply. Deinstalling or reinstalling your device is at your own risk and expense, unless Wattwatchers has agreed otherwise in writing.

You may access some functionality of the Platform without registering your details with us. However, to use the Services in full, you must register an account (Account).

To obtain an Account, you must be at least 16 years of age and you must not have been previously barred from using the Platform or receiving an Account.

To register your Account you submit to Wattwatchers your name, premises address, and email address. You may be required to verify your identity and address to Wattwatchers for your safety. All personal information you provide through the Platform will be handled in accordance with Wattwatchers’ Privacy Policy.

You are responsible for any activity that occurs through your Account and you must not sell, transfer, license or assign your Account to anyone else.

You may not create an Account for another person without their express permission, or hold more than one Account without Wattwatchers’ written permission. You are solely responsible for the confidentiality and use of your username and password. If you become aware of any unauthorised use of your Account, or unauthorised disclosure of your username and password, you must notify Wattwatchers immediately at support@wattwatchers.com.au.

If you allow another person to access or use your Account, you must make them aware of and comply with the Terms.

We collect your data, including personal information, in accordance with our Privacy Policy, to provide you with Services. This may include sensitive information, for example if you tell us that you have a health condition that impacts the Services you need.

You agree that we may:

1. disclose your personal information, including any sensitive information where you have consented to that disclosure, to our third party service providers solely for the purpose of assisting us to provide the Services;
2. use non-identifiable data from the Platform for research, analytics, and to improve the Platform;
3. utilise or share anonymised data with our partners for research and analytics, and to identify and highlight products and services that may be of interest to you;
4. collect and use de-identified energy data transmitted by your Monitoring Device, including for commercial purposes; and
5. show you offers and promotions from third party vendors (Vendors) in accordance with your notification preferences. Vendors may request access to your personal or energy data in order to fulfil those offers or promotions. We will not share your data with these Vendors unless you expressly consent.

If you elect to share your data with Vendors, any offers or recommendations made through the Platform are personal to you and you may not transfer these offers to any other person.

Wattwatchers is not liable for services, products or performance by a Vendor introduced to you via the Platform. For instance, Wattwatchers is not liable to you if you do not achieve any actual savings or rewards after participating in a Vendor promotion or signing up to an energy supplier recommended through the Platform.

Images, trademarks, service marks, logos and icons displayed on the Platform are the property of Wattwatchers or its licensors and may not be used without Wattwatchers’ prior written consent. You agree that you will not copy, publish, reproduce, disseminate, offer for sale, sell, or reverse engineer the Platform, or Platform content.

Any unauthorised use of any Platform content, whether owned by Wattwatchers or third parties, may violate intellectual property rights subsisting in the Platform, including copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes.

Any feedback you give Wattwatchers, including in-Platform ratings, is given voluntarily, and you transfer any intellectual property rights in that feedback to Wattwatchers, who is free to aggregate, disclose, reproduce, or otherwise use the feedback as it sees fit.

Wattwatchers may send you emails or notifications, including notice of changes to the Platform or Terms relating to your Account.

Wattwatchers, its partners and affiliates, and if you agree Vendors, may send you emails or text messages about promotions or offers. All commercial electronic messages will include an unsubscribe facility.

The Platform may contain links to third-party partner publications, or services that integrate with the Platform, products sold by other companies, and materials that are not owned or controlled by Wattwatchers. Wattwatchers does not recommend, endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.

If you click on a link in the Platform that redirects you to a third-party Platform, site or content, you become subject to that third party’s terms and conditions, and Wattwatchers is not responsible or liable, directly or indirectly, for any damage or loss you suffer in connection with your use of or reliance on any third-party content, goods or services.

You agree to use the Platform in accordance with all applicable laws and regulations. Wattwatchers may investigate or terminate your use of the Platform if you have misused the Platform, Services, or have behaved in a way which is illegal or is regarded by Wattwatchers as inappropriate.

You agree that in using the Platform you will not:

1. impersonate any person or entity;
2. use any technology or process to retrieve, index, ‘data mine’, reproduce, reverse engineer the Platform or its contents;
3. use any material, trademarks, or other proprietary information without obtaining the prior written consent of the owner;
4. remove any copyright, trademark or other proprietary rights notices contained in the Platform;
5. interfere with or disrupt any Services provided through the Platform;
6. post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
7. forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted through the Platform; or
8. ‘frame’ or ‘mirror’ any part of the Platform, without Wattwatchers’ prior written permission, or use meta tags or code or other devices containing any reference to Wattwatchers or the Platform in order to direct any person to any other website for any purpose.

You further agree that your information and your interactions on the Platform shall not:

1. be false, inaccurate or misleading (directly or by omission or failure to update information);
2. infringe any third party’s rights, including but not limited to intellectual property rights, confidentiality, proprietary rights or rights of publicity or privacy;
3. contain any viruses or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or personal information;
4. violate any laws;
5. be defamatory; or
6. create liability for Wattwatchers.

Wattwatchers reserves the right to refuse to give access to and license the Platform to any person who does not comply with the Terms.

Wattwatchers provides the Platform “as is” and “as available”. Wattwatchers does not warrant the accuracy, completeness, currency or reliability of the Platform, Services and content.

Wattwatchers expressly disclaims all warranties, representations, conditions, undertakings or other obligations including any implied warranties of merchantability, fitness for a particular purpose, non-infringement and any warranty that the Platform, the Service or Wattwatchers content will be error-free.

Any Wattwatchers content or other material downloaded or obtained through the Platform or Services is done at your sole risk, and you are solely responsible for any damage to your computer system, device, or loss of data that results from the download or accessing the Platform.

You expressly agree that Wattwatchers is not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Wattwatchers has been advised of the possibility of such damages), resulting from:

1. your use of, or the inability to use, the Platform;
2. a Vendor’s provision, or failed provisions of, products or services ordered through the Platform;
3. the cost of procuring substitute products or services in the event you are dissatisfied with the products or services ordered from a Vendor through the Platform;
4. an inability to access or use products, services, or information purchased or obtained through or from the Platform or Services;
5. any unauthorised access to or alteration of your transmissions or data; or
6. any other matter relating to the Platform or the Service.

You acknowledge that Vendors offer and provide services through the Platform, and that any dispute about those services or goods is solely between you and the Vendor. Wattwatchers is not liable in any circumstances for the quality or non-provision of items or services offered or provided by a Vendor.

In no event shall Wattwatchers’ total liability to you for all damages, losses, and causes of action whether in contract or tort including, but not limited to, negligence, or otherwise exceed the amount paid by you, if any, for accessing the Platform.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above exclusions and limitations will only apply to the extent permitted by law.

The Platform and Services may be temporarily unavailable from time to time for maintenance or other reasons. Wattwatchers assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communications line failure.

Wattwatchers is not responsible for any technical malfunction or other problems related to or resulting from using or downloading the Platform or materials in connection with the Platform or in connection with any products or services offered through the Platform.

Wattwatchers may discontinue or alter the Services or the Platform, remove content from the Platform, or restrict the availability of the Platform.

Where possible Wattwatchers will provide you with reasonable advance notice of changes or expected unavailability to the platform (e.g. for system maintenance).

You agree to release Wattwatchers (including its members, managers, officers, employees and agents), from all liability and obligations related to your use of the Platform or the Services.

You agree to unconditionally indemnify and hold harmless Wattwatchers (including its officers, members, directors, employees and agents) from and against any liabilities, damages, losses or expenses, including reasonable legal fees, that you, Wattwatchers, or a third party suffers because you:

1. breach these Terms;
2. break any laws that apply;
3. infringe our intellectual property rights or those of a third party included or linked in our Platform; or
4. have a dispute with a third party from using the Platform.

Governing Law. These Terms are governed by the laws of New South Wales, Australia and subject to the exclusive jurisdiction of the courts of New South Wales.

Assignment. These Terms, and any rights and licenses granted by them, may not be transferred or assigned by you, but may be assigned by Wattwatchers without restriction.

No Waiver. Wattwatchers’ failure to assert any right or provision under these Terms does not constitute a waiver of such right or provision.

Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you enter into with Wattwatchers in connection with the Platform and Services, constitute the entire agreement between you and Wattwatchers. If any provision of these Terms is deemed invalid, the invalidity of such provision will not affect the validity of the remaining provisions.

Contact. All enquiries may be directed to Wattwatchers, PO Box 4, Indooroopilly QLD 4068, Australia, info@wattwatchers.com.au.

Version: 2.6.0
Updated: 28 Oct 2020
Change notes:
Revision of the "Release and Indemnification" section in response to Data Advisory Panel feedback.