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Terms and Conditions

Current version – last updated August 19, 2020

Terms and Conditions (T&Cs) / License Agreement

 

In these Terms and Conditions (T&Cs) and License Agreement (‘the Agreement’), ‘we’, ‘us’ and ‘our’ refers to Wattwatchers Pty Ltd (Wattwatchers) and our Platform, which includes our devices and data transmissions, our cloud infrastructure, our main website https://wattwatchers.com.au (the ‘Site’), and user interfaces (‘Services’) provided directly by Wattwatchers (e.g. onboarding app, dashboard, ticketed Support system). 

Your access to and use of all information on our Platform/Site, including purchase of our products and use of our Services, is provided subject to the following T&Cs.



By using all or any portion of the Wattwatchers Platform, you accept all the terms and conditions of this agreement without modification. In particular, the provisions on Ownership of Intellectual Property, Use of Data (Derivative Data and Approved Data Sharing), Customer License Grant, Confidentiality and Limitation of Liability. 


We reserve the right to amend these T&Cs at any time to take account of new laws, regulations, products, business models or technology. 

Our licence grant for your use of the Platform including the Site and the Services will be governed by the most recent T&Cs, and also our Privacy Policy and wider Terms of Use. It is your responsibility as User to check the Site regularly for updated versions of these.

As such, your use of the Platform following any amendments will represent your agreement to be bound by these T&Cs as amended. 

 

Definitions

  • Approved Data Sharing – sharing of your personal data/information with pre-qualified third parties where you have given your express permission in order to receive services or offers or allow other specifically approved use cases

  • Customer Licence Grant – a limited license granted to Users of our Platform allowing them to use it

  • Derivative Data – non-identifiable data produced and processed within the Wattwatchers Platform.

  • Energy Monitoring Equipment – a physical device and any associated infrastructure installed at the designated Premises, with the purpose of collecting energy consumption data to be managed by the Platform. Noting that some monitoring devices also may include the ability to control electrical circuits and even other devices such as inverters remotely, may also be referred to as Energy Management Equipment.

  • Personally Identifiable Information – personal information subject to privacy law and the Wattwatchers Privacy Policy.

  • Premises – a physical address of a residence that the Primary User wishes to register with the Wattwatchers Platform. Premises can be, but are not limited to, a unit, a house or a business site (including schools).

  • Pre-qualified third parties – a service provider or other entity independent of Wattwatchers that either is a) known to us, and may be integrated with our Platform, or b) has been introduced by you the User to us

  • Primary User – an individual who signs up for the Wattwatchers Platform and links the Energy Monitoring Equipment installed at their Premises to the Wattwatchers Platform, as described herein, and has directly or indirectly the authority to subscribe for Wattwatchers  and its Services.

  • Privacy Policy – our key advisory and compliance document under Australian privacy law, and a companion document to these T&Cs under our overall Terms of Use.

  • Secondary User – an additional individual, other than the registered User (Primary User), who signs up for or is enrolled on to the Wattwatchers Platform via a Primary User, and then uses it.

  • Terms and Conditions – abbreviated to T&Cs, covers key information Users need to know and accept when they use any part of the Wattwatchers Platform.

  • Terms of Use – can be used interchangeably with T&Cs, but generally also includes the Privacy Policy and general trade terms.

  • User – either a Primary User or a Secondary User.

  • Warranty – a 2 (two) year standard warranty provided by the manufacturer of the Energy Monitoring Equipment for the physical device.

  • Services – the services that Wattwatchers is providing Users through the Platform and its main website at www.wattwatchers.com.au, and any of its other channels, including but not limited to features, functionality, web and mobile apps, API, and content.

 

Registered Users

  1. In order to access the Platform and its Services, you may be required to become a registered user. If so, you must complete registration by providing certain information as set out on the relevant membership/registration page. Please refer to our Privacy Policy for information relating to our collection, storage and use of the details you provide on registration i.e. Personally Identifiable Information.

  2. You agree to ensure that your registration details are true and accurate at all times and you undertake to update your registration details from time to time when they change.

  3. On registration, we provide you with a password and a unique username for each User. The Primary User is responsible for the account, and Secondary Users are Users of the account and are subject to the same acceptance of the Terms of Use / Privacy Policy / T&Cs as the Primary User.

  4. You are solely responsible for the confidentiality and use of your username and password. You agree that you will be solely responsible for any activities or actions taken under your username and password, whether or not you have authorised such activities or actions. If you become aware of any unauthorised use of your username and password, you agree to notify us immediately through our designated support email address support@wattwatchers.com.au.

  5. We reserve the right to terminate your registration at any time if you breach these T&Cs.

 

Service Descriptions

  1. Our Services are provided to the Primary User and by extension any registered Secondary Users. By proceeding to purchase through our Site, you acknowledge that as a Primary User you are over 18 years of age. Secondary Users can be younger than 18 years of age.

  2. The Services usually are provided for an initial 1 year period, commencing on the date the User accepts and agrees to the T&Cs. You acknowledge that we may charge a fee for continued use of the Services after the initial 1 year period, but only in accordance with our standard fee structure. 

  3. We strive to ensure that our Service offerings are described as accurately as possible on our Site; however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.

  4. When you register your details with us, we may require you to provide your name, address for the Premises, email address and telephone contact. Details not provided will result in an incomplete registration. We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

  5. All risk of loss or damage to the Energy Monitoring Equipment passes to you on installation.

  6. The Primary User acknowledges that:

    • To use the Service the Premises must have an Internet connection if WiFi devices are being installed. If the relevant Premises do not have a working Internet connection, the Primary User agrees to meet these requirements and install it at their own expense.

    • We are authorised (and our agents and contractors) to install and, if necessary, repair the Energy Monitoring Equipment at the Premises. You must ensure that if required, then at all times we and our agents and contractors have sufficient access to the Premises.

    • To be used with the Service, the Energy Monitoring Equipment must be installed by a qualified electrician inside the fuse box of the Premises, or adjacent to it, and Users agree that they have the authority directly or indirectly to perform such work inside the Premises. If the Premises are rented, then an authority must be granted by the landlord prior to the installation of the Service.

    • The Energy Monitoring Equipment will require the fuse box to have a spare DIN slot for the installation, and should be deemed safe to work with. If the fuse box is not compliant to the safety regulations and requires a safety upgrade, or needs additional DIN slots, such upgrades are not included in the basic cost of provisioning the Service and the Primary User may choose to either pay for the upgrade or cancel the installation.

    • For WiFi devices, Users will provide access to the wireless area network (WAN) at their Premises for installation of the software to be configured with the Energy Monitoring Equipment.

    • Any maintenance and support for the User’s WAN at the Premises will remain the responsibility of the User; and we shall not be liable or responsible for this at any time.

    • For cellular or other independent carrier services, we are not responsible for service interruptions on the relevant communications network.

  7. All Users acknowledge that we may use the non-identifiable data collected from the Users using the Service externally on an aggregated or anonymity basis (see our Privacy Policy), and the User grants us such rights of usage without limitation.

  8. The Primary User acknowledges that if you move Premises, you will be responsible for the deactivation and reinstallation of the Energy Monitoring Equipment at your designated Premises. This cost will be solely at your expense, unless explicitly covered by the terms of a special agreement.

  9. As part of the Services you may be able to invite other Users as friends. Accepting a friend request will allow friends to view each other’s aggregated energy usage data.

  10. We will not be responsible or liable to you for Users you invite as friends or for any claims or acts resulting from the data viewed by such friends. You accept full responsibility for such claims or acts.

 

Use of Data: Derivative Data

  1. Wattwatchers captures data from Users of our Platform that is non-identifiable, and that we require to run our Platform effectively, thus delivering the best services we can to the User, and further developing our solutions for all Users. Such data, which we call Derivative Data, also may be useful to third parties for purposes including but not limited to supporting electricity system operations, energy services and applications, and research.

  2. Notwithstanding anything to the contrary set forth in our quotes, or on the Wattwatchers website, or in any other communications either public or privately with User, Wattwatchers reserves the right to aggregate all Derivative Data relating to Users of our Platform for analytical and other non-identifiable purposes. 

  3. Wattwatchers may share this Derivative Data in aggregated and non-identifiable formats with third parties, so long as in accordance with the Privacy Policy no Personally Identifiable Information is disclosed.

 

Use of Data: Approved Data Sharing

  1. Where we do collect it, and in the absence of any further express permission from you to do otherwise, we use your personal information to operate our Platform and deliver its services to you, including continuously improving these services. We also may use your personal information to inform you of other products or services available from Wattwatchers and its affiliates, or for research purposes. 

  2. You may elect not to provide us with personal information we need from you, but in turn this may mean we will not be able to provide part, or all, of our services or assistance to you.

  3. Except as disclosed in the Wattwatchers Pty Ltd Privacy Policy, we do not sell, trade, rent, or otherwise retransmit any Personally Identifiable Information we collect online unless we have your permission. 

  4. By saying that we ‘have your permission’ as a User of our Platform, we mean your specific approval that data including your personal information can be shared with a specified third party or parties, for a specified purpose or purposes, and for a specified period of time. 

  5. In circumstances where we have specifically asked you to either ‘Allow’ or ‘Reject’ use of your personal information for sharing with pre-qualified third parties, you will be deemed to have given your permission if you choose to ‘Allow’.

  6. We call this ‘Approved Data Sharing’, because sharing of personal data/information will only proceed with your express permission. This concept of Approved Data Sharing also is addressed briefly in our Privacy Policy.

  7. Examples of use cases where we may ask you to give your permission for your data, including personal information, to be shared with pre-qualified third-parties that include but are not limited to: energy efficiency audits and advice; tariff comparisons and energy purchasing; receipt of quotes or offers for installation of energy equipment such as solar PV, energy storage systems, EV charging; enrolment in programs for demand response, virtual power plants (VPPs) or similar; provision of data services to network businesses and energy market operators; participation in local and peer-to-peer trading schemes; support and case management in social housing programs; facilitation of research and related projects.

  8. Approved Data Sharing may involve payments to Users, or other financial benefits such as discounts or rebates, or non-financial benefits. Any such rewards, however, will not necessarily apply in all cases; and in some cases we may charge you a service fee for enabling data to be shared with a third party where you have requested it (e.g. creating online access for your electrician or an energy services provider that you have nominated).

 

Customer License Grant

  1. Wattwatchers hereby grants to the User a limited license (License Agreement’) to use the Wattwatchers Platform as follows: a) to access the Wattwatchers Platform including data recordings and system activity of the systems which User is authorised to access; or b) to permit access to the Wattwatchers Platform by other authorised parties. 

  2. This License Grant does not cover, and therefore User may not do the following: a) sell or grant additional licenses, sub-licenses, or any other access to the Wattwatchers Platform not specifically covered by the terms of this Agreement; b) sell Confidential Information to third parties or otherwise distribute or reveal Wattwatchers’ Confidential Information, unless expressly agreed in writing by Wattwatchers; and c) publicise or otherwise share Wattwatchers’ Confidential Information with anyone, unless expressly agreed in writing by Wattwatchers. ‘Confidential Information’ means any information, in any format, oral or written, whether or not marked ‘confidential’ and whether or not proprietary which is disclosed to User as a result of its access to the Platform or its business dealings with Wattwatchers, which would reasonably be considered information that is confidential to Wattwatchers.

 

Returns

  1. We undertake to replace or repair any Energy Monitoring Equipment delivered to you that is faulty or defective after installation and within the Warranty period and Warranty terms and conditions. If you wish to return a faulty or defective Energy Monitoring Equipment, you must notify us through our designated support email address available on the webpage. Replacement of any faulty or defective Energy Monitoring Equipment outside of Warranty will need to be at your expense.

  2. The cost of replacing damaged Energy Monitoring Equipment will be at your expense whether or not it is within the Warranty period. We accept no liability or responsibility for damage to the Energy Monitoring Equipment.

 

Site Access

  1. When you visit our Platform/Site, we give you a limited licence to access and use our information for personal use.

  2. You are permitted to download a copy of the information on this Platform/Site to your computer for your personal use only provided that you do not delete or change any copyright symbol, trade mark or other proprietary notice. Your use of our content in any other way infringes our intellectual property rights.

  3. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy, reproduce, republish, distribute or display any of the information on this Platform/Site without our prior written permission.

  4. The licence to access and use the information on our Platform/Site does not include the right to use any data mining robots or other extraction tools. The licence also does not permit you to metatag or mirror our Site without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our Site.

 

Hyperlinks

  1. This Site may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

  2. You may link to our Site without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Site’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials.

 

Ownership of Intellectual Property

  1. The copyright to all content on our Platform/Site including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

  2. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our Platform/Site does not license you to use those marks in any commercial way without our prior written permission.

  3. You grant to us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence (including a right to sub-licence) to use, reproduce, distribute, prepare derivative works of, modify, display, and perform all or any portion of the content of your energy consumption data collected by the Energy Monitoring Equipment as permitted through the functionality of the Service and under these Terms of Use.

  4. Any comments, feedback, idea or suggestion (called ‘Comments’) which you provide to us through using the Service becomes our property. If in future we use your Comments in promoting the Service or in any other way, we will not be liable for any similarities which may appear from such use. Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

  5. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.

 

Confidentiality

  1. Wattwatchers agrees to keep all Personally Identifiable Information confidential unless we have your permission to do otherwise (see Use of Data: Approved Data Sharing). While this Personally Identifiable Information will be kept strictly confidential, Wattwatchers reserves the right to maintain/analyse/aggregate/use other posted or submitted Data, so long as no Personally Identifiable Information is disclosed. By posting, uploading, inputting, providing or submitting Data, User warrants and represents that the User owns or otherwise controls all of the rights to Data submitted, including, without limitation, all the rights necessary for the User to provide, post, upload, input or submit the Data. Additionally, Wattwatchers will distribute and report data as required by federal, state, and local laws and ordinances.

  2. User agrees that it has the obligation to keep confidential all Wattwatchers’ Confidential Information.

 

Disclaimers

  1. Whilst we have taken all due care in providing the information on our Platform/Site and elsewhere in regard to Services, we do not provide any warranty, either expressly or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

  2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these T&Cs is excluded.

  3. We also take all due care in ensuring that our Platform/Site is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our Site or any linked website.

  4. You acknowledge that the data provided by the standard Wattwatchers Energy Monitoring Equipment should not be relied on for billing purposes and that there can be a variance with billing meters.

  5. You understand that it is your responsibility to manage your electricity consumption, and in some cases on-site generation and storage, and that using the Service will not guarantee lower bills.

  6. The availability of your energy data through the Service is subject to a number of variable factors, including, but not limited to: your Internet connection and download speeds (for WiFi), the quality of communication provided by your Internet router and service provider / or relevant cellular service provider, and the reliability of the Energy Monitoring Equipment used as part of the Service. As a result we do not warrant that the Service will always work, that it is error free, that the information presented is always accurate, that the Energy Monitoring Equipment or Platform/Site will always function in accordance with documentation or specifications, or that your energy supply will not be interrupted.

  7. The Service is not fault-tolerant and is not designed, manufactured, or intended for use in connection with on-line control for specialist equipment in hazardous environments requiring fail-safe performance, such as in the operation of aircraft navigation or air traffic control or direct life support machines, in which the failure of a product could lead directly to death, personal injury, or severe physical or environmental damage. You should not install the Energy Monitoring Equipment or use the Service if you have a life support machine, other electricity-dependent medical device at your premises, or if you are concerned that the power to a particular device may be turned off.

 

Limitations of Liability

  1. We accept no liability for any direct or indirect loss whatsoever including consequential or incidental loss or damage suffered by you arising from services we have supplied. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the services again.

  2. We do not accept liability for anything contained in the interaction posts between Users of the Service or in any form of communication which originates with a User and not with us. We do not participate in any way in the transactions between our Users.

 

Indemnity

  1. By accessing our Platform/Site/Service, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of it.

 

Force Majeure

  1. If a Force Majeure event causing delay continues for more than 30 days, we may terminate this Agreement by giving at least 7 days notice to you. ‘Force Majeure’ means any act, circumstance or omission over which we could not reasonably have exercised control.



Jurisdiction

  1. These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.

  2. If any provision in these T&Cs is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these T&Cs and the remaining provisions will remain in full force and effect.

 

Security & Privacy 

  1. We undertake to take all due care with any information which you may provide to us when accessing our Platform/Site/Service. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

  2. Our compliance with privacy legislation is set out in our separate Privacy Policy.

 

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