Terms of service

Jemena Power Changers Trial Terms and Conditions


BY CLICKING "I ACCEPT", YOU WILL BE DEEMED TO BE LEGALLY BOUND BY THESE TERMS.  IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, DO NOT CLICK "I ACCEPT".
 

1. About Jemena Power Changers Trial

1.1 General
Jemena Electricity Networks ("us, we, our") are running a trial to  give registered participants (“Members”) the opportunity to access their household’s electricity consumption and voluntarily take part in challenges relating to their electricity usage during specified peak times (“Power Changers Trial”). The Power Changers Trial will run from November 2017 to March 2018.

In order to participate in the Power Changers Trial, you must:

  1. meet the eligibility requirements;
  2. complete the registration for Jemena Community or Jemena Rewards via the Website; and
  3. agree to these Terms and Conditions.  
Registration is free but non-transferable.  In return for free registration, you agree to allow us to collect and use certain personal information about you and your household (including, but not limited to, your name, date of birth, contact details and NMI).

Before you register, please be aware that:
  1. only one Account per household may be registered;
  2. the personal details we collect from you contain unique identifiers that can be used to ascertain your identity;  
  3. we will collect, use, handle and store your personal information in accordance with our Privacy Policy (http://jemena.com.au/about/privacy.aspx);
  4. you may not be able to participate in the Power Changers Trial and we may cancel your Account if you withdraw your consent in relation to required personal details; and
  5. you must notify us if you vacate the premises.
You will need to provide your NMI to activate your Membership and participate in the Power Changers Trial and be eligible to redeem Points.

1.2 Eligibility requirements
Registration for Jemena Rewards is limited to households in Craigieburn with smart meters. Maximum of 500 Jemena Rewards Members.

Registration for Jemena Community is limited to households in Eaglemont, Ivanhoe, East Ivanhoe, Fairfield and Alphington with smart meters. Maximum of 500 Jemena Rewards’ Members.


In order to become a Member:
  1. you must be an individual over the age of 18 years;

  2. you must reside at the address nominated in your registration details;

  3. your household must be connected to a separate smart meter;

  4. you must have the right to register your household to participate in Power Changers Trial Jemena Community or Jemena Rewards (incl consent from all other individuals in your household);

  5. you must not have any specific goods or equipment at your household that require continuous electricity supply free from interruptions or fluctuations (including life support equipment);

  6. all individuals in your household are of good health and that your participation will not compromise any individual’s wellbeing; and

  7. you must not be an employee or an immediate family member of an employee of Jemena Group; and

  8. you warrant that your registrations details are true and correct.

Employees or an immediate family member of an employee of Jemena Group may strictly register for Jemena Community.

1.3 Availability
The Power Changers Trial (including Jemena Community, Jemena Rewards and the Website) is provided on an “as is” basis without any service level guarantees.

You acknowledge that we do not support all mobile platforms or all browsers, and it is your responsible to acquire and maintain supported platforms and browsers.

Your Account or your meter may be temporarily disrupted from time to time for maintenance and similar purposes and reasons beyond our reasonable control. 


It may take up to two (2) hours for your meter data to be shown in your Account.

1.4 Internet connection
You must arrange for your own internet connection in order to access the Website and your Account.

1.5 Accuracy of information
The Website is a tool to help you track your energy use, but should not be relied on as completely accurate.  All meter data delivered to you is indicative only.

We are not responsible for your retail bill.  Any queries about your retail bill should be directed to your electricity retailer.

Except to the extent that such warranties or representations are implied by law and cannot be excluded, we make no warranty or representation regarding the quality, currency, accuracy, reliability, performance, completeness or fitness for purpose of any part of the information and content on the Website (incl. energy saving tips).

We strongly advise you to seek independent professional advice before making any decision on any information so supplied.

1.6 Your responsibility
You are provided with access to the Website and Jemena Community and Jemena Rewards (as applicable) only for your personal use.  

You must ensure that your access to the Website and Jemena Community and Jemena Rewards (as applicable) is not illegal or prohibited by law.  

All intellectual property in the Power Changers Trial (including Jemena Community and Jemena Rewards, Website and all other material supplied by us), is owned or licensed by us (“Our Material”), nothing in these Terms and Conditions grants you any right, title or interest in relation to Our Material.  You must not copy, adapt or otherwise breach any intellectual property rights in the registration process, screen displays and anything else related to Power Changers Trial and Our Materials.

You must:

  1. only use your Account for lawful purposes;

  2. ensure that any person you have expressly or impliedly authorised to use your Account (including without limitation other household members or employees) abide by these Terms and Conditions.  

You must not attempt to use or misuse your Account:

  1. for any unauthorised commercial purpose;

  2. to breach any law or regulation or allow any person to do the same; or

  3. to infringe another person's rights or expose us to liability or do anything which could bring us or our service providers into disrepute; or

  4. in any way which may damage any property of a third party or injure or kill any person.


1.7 Setting up Alerts
Your Account enables you to set up alerts to be set to a nominated email account or mobile phone number to notify you of the occurrence of certain specified events.

You may opt out of receiving alerts at any time.


2. Your personal information
 

2.1 Information which we may collect
You acknowledge that any personal information provided by you is freely given by you and with your consent.

You acknowledge that we may obtain some personal information about your energy usage patterns as part of your participation in the Power Changers Trial.  

2.2 Our use of your personal information
We undertake to comply with our Privacy Policy and applicable privacy laws in relation to your personal information.  

You consent to:

  1. the use of your personal information to verify your identity for lawful purposes;

  2. the provision of your personal information to your retailer for lawful purposes;

  3. the announcement of your name in the event that you are the winner of any competition;

  4. the use of your personal information in an aggregated and de-identified form for research and analysis purposes (in all such circumstances, we will ensure that individuals remain anonymous); and

  5. us sending you emails from time to time for administrative purposes related to the Power Changers Trial, Your Account or Your energy use (including, but not limited to, password resets, tips on Website, outage notifications and energy use notifications to help you achieve energy savings goals) and direct marketing in relation to related products and services offered by us or our Affiliates.

If you do not consent to any of the above uses, you should contact us via the "Help" page on the Website.  However, we may not be able to provide the services to you if we do not have your consent in relation to certain required personal information.  

2.3 Changes to Terms and Conditions
We reserve the right to change (whether material or otherwise) the Power Changers Trial and these Terms and Conditions.

We will use our best efforts to notify you of any material changes via posting details of the changes on the Website.  Changes will be effective on posting on the Website.

Continuing to use your Account  or seeking to access or use any Rewards after notice will be deemed acceptance of the amended Terms and Conditions.

 

3. Points and benefits

3.1 Earning Points
Once your NMI is validated, you may start earning Points by:

  1. taking part in a range of challenges; and

  2. achieving your electricity usage target during peak events

in the manner set out in your Account.

3.2 Tracking your Points balance
You can check and track your Points balance in your Account.
It may take up to 3 business days for your Points to be shown in your Account.


3.3 Rewards
All Rewards are offered subject to availability and must be redeemed by 15 April 2018.

We may at any time, without advance notice: 

  1. withdraw, limit, modify, cancel or increase the availability of a Reward; or

  2. modify the number of Points required for a Reward.

We make all reasonable efforts to ensure that information provided about the Rewards, including the number of Points required, is correct; however, to the extent permitted by law, we accept no liability for the lack of completeness or correctness of such information.

All Gift Cards are subject to the retailer's terms and conditions and usually include an expiry date or validity period.  See clause 3.4 for more details. 

Donations to schools or local community organisations will be made by us. See section 3.5 for more details.

Once redeemed at the check out, Rewards cannot be amended or cancelled by you.


You are not able to return or exchange a Reward because of a change of mind.

Points under Jemena Community are not redeemable for Cash.

3.4 Gift Cards
Gift Cards are valid for the period specified in the product description and must be used before the expiry date or end of the period detailed on the Gift Card.

Unless the terms of a particular Gift Card provide otherwise, Gift Cards:

  1. cannot be exchanged for money or replaced if lost, stolen, damaged or destroyed; and

  2. are issued subject to the terms and conditions on the Gift Card, which may be available in the product description or on the issuer's web site, a link to which may be provided in the product description.

Physical Gift Cards shall be despatched in two shipments, to be eligible for the:

  1. first shipment orders must be placed and completed prior to 11.59pm on 28 January 2018; and

  2. second shipment orders must be placed and completed to 11.59pm on 30 March 2018.

Electronically delivered Gift Cards may be processed periodically. We make no commitment to the timing of processing such orders.

We are not responsible for the provision of any goods or services supplied to a holder of a Gift Card redeemed from Jemena Rewards or for any misunderstanding between the holder of the Gift Card and a supplier.

Unless otherwise specified in the product description, we will only deliver Rewards to:

  1. physical address within Australia;

  2. post office address (PO boxes); or

  3. e-mail address for electronic Jemena Rewards such as electronic Gift Cards.

It is your obligation to ensure the correct delivery address is provided at the time of ordering.

Should the wrong address be provided, we are not obliged to re-send the order to the correct address nor are we liable to you for any loss due to incorrect address details being provided.

We accept no liability for any loss or damage arising from Gift Cards lost, stolen or damaged after delivery has taken place.

If a Gift Card is faulty, you should contact us via the "Help" page on the Website as soon as possible. We may require that you return the Gift Card.

3.5 Donations to Schools and Local Community Organisations (Jemena Community Only)
At the end of the Power Changers Trial, we will pay to your nominated school or local community organisation a donation based on the total amount of Points you have redeemed for them.

You will receive an email confirming the redemption transaction for the donation. Pursuant to taxation laws, you are not entitled to a tax invoice, tax receipt or tax deduction for redeeming Points on behalf of the school or charity for our donation.

Donations are subject to any applicable legislative or other regulatory controls imposed by State and Federal Governments, whether existing now or at any time in the future.

3.6 Other Rewards
You may qualify for other promotions, special benefits and exclusive offers from us or selected third-party businesses (Our Affiliates) which we may offer or enable as part of Rewards from time to time.

Other benefits may include:

  1. Member-only discounts, newsletters and automatic entry into prize draw competitions which may be run from time to time; and

  2. discounts, exclusive offers and personalised offers from Our Affiliates.

We may specify exclusions and conditions (including qualifying and offer duration) for these Rewards and we may change such terms from time to time.

If at any time you do not wish to receive these other Rewards, you can click the unsubscribe link on an email that you have received from us.
 

4. Our Warranties

4.1 Terms Implied by Statute
You have statutory guarantees and other rights that cannot be excluded under the Australian Consumer Law.  Nothing in these Terms and Conditions limits or excludes any such rights.

4.2 Security of Information
Unfortunately, no data transmission over the Internet and via home area networks can be guaranteed as totally secure.  Whilst we strive to protect such information, we cannot ensure the security of any information which is transmitted.  In addition, we disclaim all responsibility for hacking or other wilful or unauthorised access to such information.  

4.3 Hardware and Software Defects
If you use any third party hardware or software, we take no responsibility for defects in such hardware or software and inaccurate readings, damage or loss arising from the use of such hardware or software.

We make no warranties that any third party hardware or software will successfully connect to the nominated smart meter or Power Changers Trial.

You agree and warrant that you will only use and install approved software and hardware and that you have not tampered with any such software and/or hardware.  You will be responsible for the costs of any damage (including any damage to any smart meters) which result from your non-compliance with this clause.

4.4 Not Guaranteed to be Error Free
Subject to clause 5.1, you acknowledge that Power Changers Trial (including Jemena Community, Jemena Rewards and the Website) cannot be guaranteed error free.  You acknowledge that the existence of any such errors will not constitute a breach of these Terms and Conditions.

4.5 No Liability for Damages
Except as expressly provided in these Terms and Conditions:

  1. we will not be liable to you for any loss or damage, including special, indirect or consequential damages (including damages for loss of profit, loss of revenue, or loss of opportunity) in relation to your participation in the Power Changers Trial, Membership of Jemena Community or Jemena Rewards (as applicable) or use of the Website.  
  2. we have no liability  for any failure beyond our reasonable control.
 

5. Rejection, suspension and cancellation
You may cancel your Membership at any time.

We reserve the right at any time without notice to:

  1. withdraw or cancel any Rewards or, in the case of Jemena Community, Donations;

  2. reverse any Points credited to an Account;

  3. suspend or cancel your Account and Membership; or

  4. suspend or cancel Power Changers Trial.

Grounds for doing any of the things referred to in clause 6 include (but are not limited to):

  1. if we receive notice from another individual of your household requesting cancellation or transfer of Membership;

  2. an act or omission contrary to these Terms and Conditions;

  3. any abuse or attempted abuse of the Power Changers Trial, your Account or anything associated with us or Our Affiliates;

  4. any Points or Rewards which are accumulated fraudulently or credited or accumulated erroneously;

  5. any reasonable suspicion of unacceptable conduct in connection with your Account, including any reasonable suspicion of dishonesty, fraud or wrongful conduct;

  6. your bankruptcy or death; or

  7. if you move house or we consider that you are not or may not be the rightful recipient of information from a particular meter installation.

Upon cancellation of your Membership:

  1. your access to the Account will be disabled or deactivated and you will no longer be able to access data from your Account; and

  2. your Points balance will immediately expire; and

  3. we may retain your membership information for record-keeping purposes and, in de-identified form, for our general data analysis purposes.

You agree that we do not need to notify you in advance, or give you any reasons, with regard to any action we take concerning your Account.
 

6. General
If you have any queries or complaints regarding Rewards, you should contact us. You can do this by contacting us via the "Help" page on the Website.

These Terms and Conditions are governed by the law of Victoria, Australia.
 

7. Definitions
In these Terms and Conditions, the following terms have the following meaning:

  1. Account means the Jemena Community or Jemena Rewards account (as applicable) related to the Member’s household.

  2. App means smart phone application.

  3. Business Days means a day other than a Saturday, Sunday or official public holiday in Melbourne, Victoria.

  4. Donations means a donation to a school or local community organisation as specified on Jemena Community.

  5. Gift Cards means a gift card or preloaded cash card.

  6. Jemena means Jemena Electricity Networks (Vic) Ltd ABN 82 064 651 083.

  7. Jemena Community means the community based program under the Power Changers Trial.

  8. Jemena Group means Jemena and each of its Related Bodies Corporate.

  9. Jemena Rewards means the individual based program under the Power Changers Trial.

  10. Member means a person who has registered for Jemena Community or Jemena Rewards. Membership has the corresponding meaning.

  11. NMI means your National Meter Identifier.

  12. Our Affiliates has the meaning given to it in clause 3.6 of these Terms and Conditions.

  13. Points means unit of measure for Rewards.

  14. Privacy Policy means the Jemena Group privacy policy published on http://jemena.com.au/about/privacy.aspx.

  15. Related Bodies Corporate has the same meanings as in the Corporations Act 2001.

  16. Rewards are rewards which we specify from time to time including  in the case of Jemena Community, Donations and any other benefits we may make available to Members from time to time.

  17. Terms and Conditions means this document, and any other documents referred to in it.

  18. Website means Jemena’s Power Changers Trial website and app for Jemena Community and Jemena Rewards at www.jemena.com.au/community and www.jemena.com.au/rewards  (respectively).

 

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