Smart appliance trial Terms and Conditions

Jemena Power Changers Trial 
Supplementary Terms and Conditions: Smart Appliance Trial



BY CLICKING "I ACCEPT", YOU WILL BE DEEMED TO BE LEGALLY BOUND BY THESE SUPPLEMENTARY TERMS. IF YOU DO NOT ACCEPT THESE SUPPLEMENTARY TERMS AND CONDITIONS, DO NOT CLICK "I ACCEPT".
 
1. Smart Appliance Trial

1.1 General
The Smart Appliance Trial forms part of our Power Changers Trial specifically testing the effectiveness of remotely activating power saving modes on smart air conditioners and pool pumps using a demand response interface device (Device) to communicate with your smart meter infrastructure.

The Power Changers Terms and Conditions together with these Supplementary Terms and Conditions shall apply to your participation in the Smart Appliance Trial.

Unless otherwise defined in these Supplementary Terms and Conditions, capitalised terms shall be given the same meaning as defined in the Power Changers Terms and Conditions.

To the extent there is any inconsistency, these Supplementary Terms and Conditions will prevail to the extent of the inconsistency.

In order to participate in the Smart Appliance Trial, you must:
  1. meet the eligibility requirements for the Smart Appliance Trial set out in clause 1.2 and continue to meet the eligibility requirements for the Power Changers Trial;
  2. be a Member with a validated NMI and have agreed to the Power Changers Terms and Conditions; and
  3. agree to these Supplementary Terms and Conditions.
Before you register, please be aware that:
  1. Challenges (including the start and stop times) will be notified by SMS 48 hours prior to the event;
  2. you may opt-out of participating in a Challenge by replying to the SMS notification within 24 hours of receiving the SMS notification; and
  3. you must immediately notify us if you vacate the premises.
1.2 ​Eligibility requirements
In order to participate in the Smart Appliance Trial you must in addition to the requirements in the Power Changers Terms and Conditions:
  1. continue to reside at the address nominated in your Account;
  2. be the owner of the premises or have the right to participate in the Smart Appliance Trial including installation of the Device; and
  3. all individuals in your household are of good health and that your participation will not compromise any individual’s wellbeing.
Registration for Smart Appliance Trial is limited to:
  1. Members with Qualified Appliance; and
  2. Maximum of 30 Members.
1.3 Provision of information
You must:
  1. provide us with all information about any risks, hazards or other actual or potential concerns that could impact in any way on the nature, cost or timing of any aspect of your participation in the Smart Appliance Trial, as early as possible before we commence installation of the Device;
  2. provide us with all other information that we may reasonably require at any time for the purposes of facilitating the Smart Appliance Trial;
  3. ensure that all information you provide us is correct and you must not mislead or deceive us in relation to any information provided; and
  4. notify us immediately if any information that you have previously provided to us is no longer accurate in any respect.

2. Our equipment

2.1 Installation of equipment
The Device will be installed by us by a qualified electrician and remain at all times our equipment.

We have the absolute right to determine where the Device is located or the point of origin, route and related equipment required for the Smart Appliance Trial.

You must provide sufficient space at your premised to accommodate our equipment, you must protect our equipment from harm and you agree not to tamper with, adjust, disconnect, by-pass, interfere with or otherwise damage or render inoperable or inaccurate any of our equipment and you must use your best endeavours to ensure that no other person does so or attempts to do so.

On reasonable notice from us, you must provide our representatives at all times with convenient, safe and unhindered access to:
  1. your premises to install, maintain or remove the Device or any related equipment;
  2. your electrical installation and Qualified Appliances for the purpose of inspection or testing, or connecting, disconnecting or reconnecting supply in connection to the Smart Appliance Trial.
We will remove the Device at our own cost:
  1. on notice from you; or
  2. on expiration of the Smart Appliance Trial unless you elect to continue with a similar trial or service with us.
2.2 No representation or warranty as to performance
We are not the manufacturer of the Device or Qualified Appliance and make no warranties of any kind with respect to the Device’s or Qualified Appliance’s performance, compatibility, quality, merchantability, or fitness for a particular purpose.

The Device is provided “as is” without any separate or additional warranty or representation and without limiting the foregoing, any liability under any condition, warranty or representation which by law cannot be excluded shall be limited, where permitted by law, to repair or replacement of the Device; and

You are responsible for compliance with any manufacturer’s conditions concerning your Qualified Appliance including warranty conditions.


2.3 Limitation of liability and indemnity
You release and forever discharge us from and against any loss, cost, damage, expense or liability that you may incur which arises out of, or in relation to your participation in the Smart Appliance Trial (including any malfunction of, or any damage to or arising from, the Device or the Qualified Appliance), except where that liability arises from injury to person or real or tangible property caused by our negligence or bad faith.

You acknowledge that we will not be liable to you for any loss or damage, including special, indirect or consequential damages and have no liability for any failure beyond our reasonable control.

You agree to indemnify us on demand and hold us harmless from and against any third party claim expressly relating to your participation in the Smart Appliance Trial, except where that liability arises from injury to person or real or tangible property caused by our negligence or bad faith.



3. Challenge

We will use reasonable endeavours to give you a minimum of 48 hours notice by SMS of a Challenges (including the start and stop times).

To receive SMS alerts you must have a device that is capable of receiving SMS messages at the time that the SMS alert is sent. You will not be charged for the delivery of SMS alerts in Australia. If you are roaming overseas, your service provider may charge you to receive these alerts. SMS alerts can only be sent to Australian mobile numbers.

You may opt-out of participating in a Challenges by replying to the SMS notification within 24 hours of receiving the SMS notification.

You acknowledge and agree that:
  1. if you do not opt-out, you are automatically enrolled by Jemena to participate;
  2. your air-conditioner turned ON during the Challenge for us to send control commands and to be eligible to receive full reward points for your participation;
  3. we may activate and control your Qualified Appliance during the Challenge, if you do not opt-out in the manner and timeframe identified in paragraph (c);
  4. you may not have the ability to increase power consumption to your Qualified Appliance during a Challenge; and
  5. we will review and survey your experience post Challenges.

4. General

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

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



​5. Definitions:

In these Supplementary Terms and Conditions, the following terms have the following meaning:
  1. Challenge means a control challenge as notified by us for the Smart Appliance Trial which may last up to 3 hours.
  2. Power Changers Terms and Conditions means the terms and conditions set out on the Website for Jemena Community and Jemena Rewards at www.jemena.com.au/community and www.jemena.com.au/rewards (respectively).
  3. Qualified Appliance means the appliance nominated by us for participation in the Smart Appliance Trial.
  4. Supplementary Terms and Conditions means this document, and any other documents referred to in it.

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