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”).
Definitions of capitalised words are set out in clause 8 below.
- PRODUCT FEATURES AND REGISTRATION
- Registration required.
- 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.
- 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.
- Third party data
- 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;
- 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.
- INTELLECTUAL PROPERTY
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
- TERMINATION BY MY TAILORED ENERGY
- WARRANTY AND LIABILITY
- Exclusion of Warranties
- 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.
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.
- 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.
- Accessing the Website and Mobile Application
- Governing Law
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
- 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.