Our Terms of Use

TERMS OF USE 

The website, www.myte.com.au (“Website”), and the myTE mobile application (“App”), are provided by Tailored Energy Pty Ltd ABN 50 615 544 548 (“my Tailored Energy”, “myTE”, “we” or “us”).

Please read these terms of use carefully. By accessing or using the Website or the App, you agree to be bound by these terms and conditions, our privacy policy and all terms incorporated by reference (together, referred to as the “Terms of Use”).

Definitions of capitalised words are set out in clause 8 below.

  1. PRODUCT FEATURES AND REGISTRATION
    • Registration required.

In order that you can make use of the comparison features or other enhanced features on the Website and/or the App (the “Product Features”) it will be necessary for you to register as a user with my Tailored Energy.  The registration process will require you to agree to the Terms of Use.  An email will then be sent to your nominated email address.  You must confirm your acceptance by activating the authorisation link in the email in order to begin using the Product Features.

  • Access Details
    • You must take care with any password/ID issued to you by myTE (“Access Details”) and keep your Access Details secure and confidential.
    • You must notify myTE immediately if you become aware that there is, or has been, unauthorised use of your Access Details, or any other security breach relating to your account.
    • If we have reason to suspect that your Access Details are being used by an unauthorised user, then we may cancel your Access Details and/or deny you access to the Product Features. Please contact us if your account has been disabled.
  1. THIRD PARTY ENERGY PRODUCTS AND SERVICES
    • Third party data
      • The Product Features include an information service that compares certain products and services of energy retailers based on particular criteria. All retailers and energy plans are not available in all locations. The products and services featured on the Website or the App may not be representative of all products and services available in the market at all times. Energy comparisons are based on third party data and myTE does not represent or warrant that the information is always complete or up to date.
      • Where you make use of the comparison tools within the Product Features we may provide links to third party websites (such as the websites of energy retailers). We do not independently verify the information provided by third parties on their websites.
    • Energy retailers
      • In respect to energy plans, always read all the relevant terms and conditions supplied by the applicable energy retailer before deciding to purchase a plan. You may exercise your cooling-off right under a contract with a gas or electricity retailer by advising the retailer within 10 business days from the date of the contract. (For further information see https://www.aer.gov.au/consumers/switching-retailers/comparing-offers).
      • We do not charge you for making available the Product Features. However, we disclose to you that where, as a result of using the Product Features, you subsequently enter into a contract with an energy retailer we may receive a commission from that energy retailer.
      • We are not responsible for the products or services delivered by energy retailers. The inclusion of their products and services on the Product Features is not an endorsement as to the quality or reliability of their service offering.  Any resulting energy supply contract is between you and the applicable energy retailer.
  1. PROHIBITED USE OF WEBSITE and MOBILE APPLICATION
    • Limits on use of Website and mobile application

You must not (without the prior written consent of my Tailored Energy):

  • distribute, modify, transmit, reuse, report, or use the content of the Website or the App for public or commercial purposes, including the text, images, audio and video;
  • provide a link to another URL within the Website or the App;
  • upload content or other information to the Website or the App;
  • do anything to damage, interfere or disrupt access to the Website or the App or do anything which might impair its functionality;
  • use the Website or Appin any way to send unsolicited (commercial or otherwise) email or any material for marketing or publicity purposes, or any similar abuse of either;
  • publish, post, distribute, disseminate or otherwise transmit, defamatory, offensive, infringing, obscene, indecent or other unlawful or objectionable or confidential material or information on the Website or App;
  • make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, “trojan horses”, “worms” or any other harmful software;
  • remove any content or information from the Website or the App;
  • falsify the true ownership of material or information made available via the Website or the App;
  • obtain or attempt to obtain unauthorised access, through whatever means, to the Website or the App;
  • use the Website or the App other than in accordance with the Terms of Use;
  • attempt any of the above acts or engage, encourage or permit another person to do any of the above acts;
  • share content or engage in behaviour that violates anyone’s Intellectual Property Rights; or
  • violate any applicable law.
  1. INTELLECTUAL PROPERTY
    • Ownership 

Unless otherwise indicated, the content appearing on the Website and App and any software enabling product comparisons of products is the copyright of myTE or its licensors.   MyTE and its licensors reserve all of its Intellectual Property Rights in such content and software.

  • Trade marks 

The myTE trade marks are owned by my Tailored Energy or its licensors. Nothing in the Terms of Use confers upon you any rights to use or modify any of my Tailored Energy’s trade marks.

  1. TERMINATION BY MY TAILORED ENERGY
    • Termination 

myTE may prevent you from accessing the Website or the App if it has reason to believe that you have breached the Terms of Use or are using the Product Features for a commercial purpose.

  1. WARRANTY AND LIABILITY
    • Exclusion of Warranties
    • The Website, the App and our products and services described in them are provided “as is”, and myTE and its content providers, agents and affiliates exclude, to the full extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, any warranties as to the currency or of the offerings, or the accuracy of the algorithms. Any warranties as to any files you download from the Website or the App being free from virus or harmful code, and all conditions and warranties which would otherwise be implied into these Terms of Use whether by law, statute or otherwise.
    • No Representations 

While myTE uses reasonable efforts to ensure the accuracy, correctness and reliability of information concerning the products of energy retailers and other information appearing on the App  and the Website, myTE does not represent or warrant that such information will always be completely up to date and accurate. You should verify any information regarding the products and pricing of energy retailers directly with those retailers.

  • No Liability for Claims

To the full extent permitted by law, in no event will my Tailored Energy, its content providers, agents or affiliates be liable for any Claims of any kind arising from or connected with the use of the Website and the App, or the unavailability of the same, including but not limited to loss of use, loss of profits or loss of data, and direct, indirect, incidental, punitive and consequential damages and whether in contract, tort (including but not limited to negligence) or otherwise.  This exclusion applies, without limitation, to any Claims caused by or resulting from reliance by a user on any information obtained from my Tailored Energy.

  • Aggregate Limit

To the full extent permitted by law, the aggregate liability of my Tailored Energy, whether in contract, tort (including negligence), or otherwise, arising out of or relating to the use of the Website or the App is limited to $100.

  • Third Party Providers

You acknowledge that myTE relies on the services of Third Party Providers in order to supply the comparison information and other information provided to you via the Website or the App. For example, National Energy Market energy prices are owned and provided by the Australian Energy Market Operator (AEMO).  Without limiting any of the above, for the avoidance of doubt, to the full extent permitted by applicable law, myTE will not be liable for any loss, damage, or cost of any kind, which is caused, or contributed to, by a Third Party Provider.

  • Indemnity 

You agree to indemnify and hold myTE and its directors, officer, employees, agents and subcontractors, harmless from and against any third party Claims, and must pay on demand all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by my Tailored Energy, which arises out of your use of the Website and/or the App, except to the extent caused by the negligence of my Tailored Energy.

  • Australian Consumer Law

Nothing in this clause 6 will exclude, restrict or modify any rights or remedies you may have under the Australian Consumer Law or other Australian legislation which cannot be excluded, restricted or modified by agreement.

  1. GENERAL TERMS AND CONDITIONS FOR ALL USERS
    • Ownership of Website and Mobile Application

The Website and the App are owned and operated by my Tailored Energy.

  • Modification of Terms of Use

my Tailored Energy may, at its sole discretion, vary or modify the Terms of Use from time to time.  If you a registered user, we will email you with a link to the updated Terms of Use.   In any case, the current Terms of Use are accessible from the Website and the App and may be reviewed by you at any time. Any subsequent access to, or use by you of the Website App after a change to the Terms of Use will constitute your acceptance of the updated Terms of Use.

  • Accessing the Website and Mobile Application

You may use the Website or App and the information, writing, images and/or other works that you see, hear or otherwise experience on the Website or App solely for your non-commercial, personal purposes and solely in compliance with the Terms of Use.

  • Governing Law

The Terms of Use are governed by the laws of New South Wales.  By using the Website or the App you agree to submit to the non-exclusive jurisdiction of the New South Wales courts in the event of any dispute.

  • Severability

If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will continue in full force.

  • Acknowledge myTE source

You must not remove or cause to be removed any myTE logo, watermark or other myTE attribution in the Website, the App or any document downloaded or made available from them.

  • Other agreement

The Terms of Use do not alter the terms or conditions of any other agreement you may have with my Tailored Energy and those terms and conditions will take precedence where it conflicts with these terms.

  1. DEFINITIONS
    • In these terms and conditions unless the context requires otherwise:

Claim means any claim, cost (including legal costs on a solicitor and client basis), damages, debt, expense, tax, liability, loss, obligation, allegation, suit, action, demand, cause of action, proceeding or judgment of any kind however calculated or caused, and whether direct or indirect, consequential, incidental or economic.

Intellectual Property Rights includes all industrial and intellectual property rights throughout the world including copyright, moral rights, trade marks, patents, rights to protect confidential information and any similar rights.

Third Party Providers means third party providers of information relation to energy products, usage and consumption including energy retailers, the Australian Energy Regulator and other government departments, agencies, bodies or corporations.

Website includes all webpages and sub-sites available within the myTE domain myte.com.au.