Terms and conditions

TERMS AND CONDITIONS OF SERVICE

These Terms govern the use by the Customer of any of the Services that NSW Business Chamber Limited (ACN 000 014 504) (NSWBC) trading as Australian Business (Australian Business) agrees to provide to the Customer from time to time. Please read these Terms carefully before using the Services.

  1. DEFINITIONS
    1. The following definitions apply to these Terms and Conditions of Service (the "Terms"):

      Affiliated Entities means Australian Business’ subsidiaries, affiliates, associated or related entities and relevant partners as the case may be or the context requires from time to time.

      Australian Business Energy Service means the comparison and switching service provided by NSWBC under the trading name Australian Business Energy (or its subcontractor), available at https://australianbusinessenergy.com.au/.

      Customer means any customer to whom Australian Business agrees to supply any of the Services from time to time.

      Department means the Commonwealth Department of the Environment and Energy.

      Energy Efficiency Advice includes information on:
      1. energy efficient processes for equipment used in small businesses;
      2. energy reduction opportunities for equipment used in small businesses;
      3. energy reduction opportunities in the energy habits of small businesses;
      4. how to undertake or access an energy audit; and
      5. how to undertake or access energy metering.
      Intellectual Property Rights means all forms of intellectual property rights (whether registered or unregistered) in copyright, designs, patents, trade marks, domain names, trade secrets, know-how, confidential information, and all other similar proprietary rights and all extensions and renewals thereof anywhere in the world which currently exist and/or are recognised in the future.

      Privacy Policy means the privacy policy available on the Site at http://businessenergyadvice.com.au/privacy-policy unless otherwise specified on the Site.

      Program means the Business Energy Advice Program (BEAP) established by the Australian Government and delivered by the Service Provider.

      Retail Market Advice includes but is not limited to information on:
      1. the best available tariff options for small businesses;
      2. how to find the best available tariff options for small businesses;
      3. how to determine if switching tariffs makes sense for a business; and
      4. how to switch to the best available tariff options for small businesses.
      Services means the services provided by, or on behalf of, Australian Business in relation to the Program delivering targeted, sector specific advice and information for small businesses to find the best energy tariff and retail options, and provide relevant and up-to-date energy efficiency advice, including advice and information delivered via the Site, the Retail Market Advice and Energy Efficiency Advice.

      Service Provider means Australian Business and any entity subcontracted by Australian Business to deliver one or more of the Services.

      Site means the website https://businessenergyadvice.com.au.

      Surveys mean Pre-Advice or Post-Advice surveys provided by the Service Provider under the Program.

  2. Application of Terms
    1. These Terms apply to the provision of any Service by the Service Provider to a Customer.
    2. The Service Provider may ask that the Customer to accept additional terms relevant to the provision of certain Services. These will be separately provided to the Customer and will apply in addition to these Terms.
    3. No other terms provided by the Customer, or implied by trade, custom, practice or course of dealing, will apply to the Services unless specifically agreed to in writing by Australian Business.
  3. Eligibility to receive the Services
    1. In order to be eligible to use a Service, the Customer must be an individual (aged eighteen years or over), a partnership and/ or other entity actively involved in small business in Australia;
    2. In order to be eligible to receive Retail Market Advice or Energy Efficiency Advice, the Customer must:
      1. have, on a full time equivalency basis, not less than 6 employees and not more than 20 employees engaged in relation to its small business activities;
      2. be able to provide Australian Business with all such relevant information as Australian Business may require in order to provide the Retail Market Advice or Energy Efficiency Advice to the Customer; and
      3. complete and submit a registration request (in a form provided by the Service Provider).
    3. A Customer that does not meet all of the eligibility requirements out in clause 3.2 (Ineligible Customer) acknowledges and agrees that the Customer is ineligible to receive Retail Market Advice or Energy Efficiency Advice.
    4. An Ineligible Customer that completes and submits a registration request on the Site acknowledges and agrees that:
      1. Australian Business will provide the Ineligible Customer’s information to NSWBC trading as Australian Business Energy (or its subcontractor) for the purpose of offering the Australian Business Energy Service; and
      2. NSWBC trading as Australian Business Energy (or its subcontractor) may contact the Ineligible Customer to offer the Australian Business Energy Service to that Ineligible Customer.
    5. Separate terms and conditions (including eligibility requirements) will apply to the Australian Business Energy Service. The Ineligible Customer will be asked to review and agree to those terms and conditions before receiving any service provided under the Australian Business Energy Service.
  4. Provision of Services and agreement to participate in the Surveys
    1. The Customer acknowledges that the Services may be provided by a variety of means, including digitally (including via the Site or other electronic means of communication), telephonically or in person.
    2. By participating in the Program, the Customer undertakes to Australian Business:
      1. to act in good faith; and
      2. to ensure that all information provided by it to a Service Provider is true, accurate, complete and current, and promptly inform the Service Provider if there are any errors (and identify such errors).
    3. The Customer acknowledges and agrees that in providing the Services, the Service Provider does not offer financial or investment advice. Nothing on the Site and no part of the Services constitutes financial or investment advice.
    4. The Customer:
      1. acknowledges that Australian Business is obliged under the Program to undertake Surveys of participants at various stages of their involvement;
      2. will assist in regard to any Surveys if requested by Australian Business and to the extent that participation is reasonably practical; and
      3. consents to Australian Business providing the results of the Surveys to the Department for the purposes of the Program, including any analysis and conclusions, together with other information arising from each and all Customers’ participation in the Program.
  5. Accuracy of information provided as part of a Service
    1. While Australian Business makes every effort to ensure that the information, material and documents provided to the Customer as part of a Service is current and accurate, Australian Business no representation, warranty, guarantee or promise, express or implied, in relation to the content or accuracy of the information, material and documents, nor does it accept any responsibility arising in any way from errors or omissions.
    2. The Customer acknowledges and agrees that where appropriate, the Customer will seek verification from an independent source before relying on any information, material or document provided as part of a Service (including information, materials or documents provided via the Site or other electronic means of communication, telephonically or in person).
  6. Third party information provided as part of a Service
    1. The Site or other information provided by the Service Provider in delivering a Service may feature or display links and pointers to websites operated by third parties, which are provided solely as a convenience to the Customer.
    2. All websites and other third party sources of information available on the Site or otherwise provided by the Service Provider are not under Australian Business’ control.
    3. Australian Business is not responsible for the quality, validity or accuracy of information published on other websites or other third party sources of information that the Customer receives via the Site or otherwise provided by the Service Provider. If the Customer accesses any third party website or other source of information, the Customer does so entirely at its own risk.
    4. Reference to third party materials does not constitute Australian Business’ endorsement of material at those websites or any associated information, product or service.
  7. Contracts with third parties after delivery of the Services
    1. The Services under the Program are delivered to Customers solely for the purpose of information and advice. Any action the Customer elects to take following the delivery of such services is entirely at the Customer’s discretion.
    2. The Customer acknowledges and agrees that:
      1. Australian Business is not liable in any way in relation to any transactions, dealings or arrangements of any kind made between the Customer and a third party following delivery of a Service by the Service Provider. Further, Australian Business is not responsible or liable for any loss or damage the Customer or any third party may suffer or incur in connection with any action the Customer may take after receiving a Service, or for any acts, omissions, errors or defaults of any third party in connection with that Service;
      2. it is the Customer’s responsibility to satisfy itself that it wishes to enter into a transaction, dealing or arrangement with a third party. Before making a decision to enter into any transaction, dealing or arrangement the Customer should review and consider the terms of the contract, any terms and conditions and all other relevant documents; and
      3. any transaction, dealing or arrangement (including any payment obligations of the Customer) entered into by the Customer after receiving the Services, is entered into by the Customer at sole risk of the Customer.
  8. Charges
    1. The Customer is not liable to Australian Business for any charge for the provision of the Services.
  9. Contacting the Customer
    1. The Customer consents to Australian Business (including its agents, contractors or representatives) contacting the Customer from time to time in order to provide the Services, and in order to provide the Customer with information about Australian Business’s other products and services, including by direct mail, telemarketing, email, SMS, MMS, or in person. If the Customer wishes to opt out of this, the Customer can contact Australian Business to do so in accordance with the Privacy Policy.
  10. Termination
    1. Either the Customer or Australian Business may terminate the Services at any time.
  11. Limitation on Liability
    1. Australian Business will exercise reasonable skill and care in providing the Services. However, the performance of the Services by Australian Business may be dependent upon third parties (including contractors or agents) and Australian Business is not able to guarantee or accept any responsibility for any failure or delay caused by such third parties or for any inaccurate, incomplete or unreliable information provided to the Customer by such parties via Australian Business.
    2. The Customer agrees that, subject to clauses 11.3 and 11.4:
      1. Australian Business will not be liable to the Customer for any claim by the Customer (for which Australian Business may otherwise be legally liable) that is not submitted in writing within 3 months of the Customer becoming aware of the relevant circumstances; and
      2. Australian Business total liability for all losses of whatever nature suffered by the Customer for which Australian Business may be legally liable is limited $2,000.
    3. Subject to clause 11.4, the Customer agrees that Australian Business will not be liable for any:
      1. indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind;
      2. loss of profit or savings;
      3. loss or corruption of data or information;
      4. loss of contracts, business or opportunity;
      5. damage to goodwill or reputation,
      in each case whether direct or indirect and in each case whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of or in connection with the Services, in each case even if Australian Business has been forewarned or is aware of the possibility of such loss or damage.
    4. Australian Business does not exclude or limit its liability (if any) in any way for any matter from which it is unlawful to exclude, or attempt to exclude, Australian Business’s liability, including under any consumer guarantees under the Australian Consumer Law.
    5. The Customer must indemnify Australian Business and keep it indemnified from all loss, liability, damage, claim or expense (including legal costs) which Australian Business may directly or indirectly suffer or incur (including any consequential loss or indirect damages) arising from or in consequence of:
      1. Customer’s use of and access to the Services;
      2. Customer’s breach of these Terms;
      3. Customer’s negligence or unlawful act or omission;
      4. Customer’s claim against Australian Business for amounts in excess of the limitations on liability set out in these Terms;
      5. Customer’s use of or access to any websites operated by third parties and/or any dealings with third parties; or
      6. any breach of any law or obligation by the Customer in respect of the Services.
  12. Force majeure
    1. Australian Business will not be liable to the Customer if Australian Business is prevented from or delayed in performing any of its obligations in relation to the provision of any of the Services, or from carrying on its business, by acts, events, omissions or accidents beyond Australian Business’s reasonable control.
  13. Transfer of rights and obligations
    1. The Customer may not transfer, assign, charge or otherwise dispose of any of its rights or obligations arising under these Terms, without Australian Business’s prior written consent.
    2. Australian Business may at any time assign any of its rights under these Terms to a third party, charge any of its rights under these Terms in favour of a third party, engage subcontractors to perform any part of the Services, or novate its rights and obligations under these Terms to a third party on terms specified by Australian Business, without the Customer’s consent.
  14. Governing Law and Jurisdiction
    1. These Terms are governed by the laws of the State of New South Wales, Australia.
    2. Each party submits to the exclusive jurisdiction of courts exercising jurisdiction in New South Wales and courts of appeal from them in respect of any proceedings arising out of, or in connection with, the Services.  Each party waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.
  15. Amending these Terms
    1. Australian Business may amend these Terms from time to time, to reflect Australian Business’s reasonable business needs, by updating the Site. Any amendment will apply to Services provided after the date of publication. Your continued use of the Services (including use of the Site) will constitute your acceptance of the amended Terms.
  16. Intellectual Property
    1. All Intellectual Property Rights in any material or content contained in or accessible via the Site or provided as part of a Service is either owned by Australian Business or has been licensed to Australian Business for its use. The Customer acknowledges and agrees that it does not have any right, title or interest in or right of use of any content on the Site or otherwise provided as part of the Services.
    2. Except as set out elsewhere in these Terms, none of the Intellectual Property Rights belonging to Australian Business or its licensors in and relating to the Services (including any content or material displayed on the Site) may be used, copied, published or distributed by the Customer without Australian Business’s prior written consent. Australian Business must not do anything that will or is likely to damage or diminish the Intellectual Property Rights or the reputation of Australian Business or its Affiliated Entities.
    3. Customer must not remove any copyright, attribution or trade mark notices contained on the material available to it as part of the Services unless the Customer has Australian Business’s prior written consent.
  17. Access to Site
    1. By using the Site, the Customer agrees to these Terms and acknowledges that Australian Business’s Privacy Policy applies to its use of the Site and all other Services.
    2. The Customer acknowledges and agrees that transmissions on the internet are never completely private or secure and Customer understands that any message or information it sends to or downloads from the Site (where permitted) may be read or intercepted by others.
    3. The Site and its content are delivered on an as-is and as-available basis. While Australian Business uses reasonable endeavours to ensure that the Site is available continuously, Australian Business does not make any representations or warranties that the Customer’s access will be uninterrupted, timely, secure, error free, or that any defects will be corrected, or that use of the Site will provide specific results or benefits.
    4. The Customer’s access to the Site may be suspended without notice in the case of system failure, maintenance or repair, or any reason beyond Australian Business’s control or simply because we wish to do so.
    5. Australian Business reserves the right to change or discontinue any website, page, functionality, feature or service (or part thereof) on the Site at any time.
    6. Australian Business cannot ensure that any files or other data the Customer downloads from the Site (if permitted to do so) will be free of viruses or contamination or destructive features.
    7. The Customer must not:
      1. use the Site in breach of any applicable laws or regulations;
      2. use the Site (or content obtained from the Site or the Services):
        1. to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming";
        2. to impersonate any person or entity;
        3. to solicit money, passwords or personal information from any person;
        4. to harm, abuse, harass, stalk, threaten or otherwise offend others; or
        5. for any unlawful purpose;
      3. use code or other devices containing any reference to the Site to direct other persons to any other web page;
      4. attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any of our servers, or to any of the Services offered on or through the Site, by hacking, password mining or any other illegitimate means;
      5. probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;
      6. reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site to its source, or exploit the Site or any service or information made available of offered through the Site;
      7. use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site or with any other person’s use of the Site;
      8. except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or cause any other person to do so; or
      9. delete any attributions or legal or proprietary notices on the Site.