The SEC Home Electrification OSS web portal located at powerup.secvictoria.com.au (Portal) is owned and operated by SEC Victoria Pty Ltd ACN 670 408 116 (SEC, we, us, our). The Portal has been established for the purpose of delivering the SEC Consumer Energy Solutions pilot (Pilot). The Pilot assesses participants’ use of electricity and other resources in residential homes and aims to find solutions to help more Victorian households access renewable energy and electrification solutions and improve understanding of the support available to transition to renewable energy and electrification solutions.
Your access to, and use of the Portal and participation in the Pilot is subject to these Terms. By accessing, viewing or otherwise using this Portal or participating in the Pilot, you agree to be subject to and bound by these Terms.
You should read these Terms in full, although you should particularly be aware of the following:
- You are responsible for ensuring that information you provide is accurate and complete, as this will affect your results.
- Information provided by SEC about your energy usage, efficiency or financial savings (or ability to improve these matters) are estimates provided as a guide only. You should make your own inquiries about electrification solutions that are suited to your needs and not rely on the information provided on the Portal or as part of the Pilot.
- The Portal does not provide a comprehensive list of service providers, and you may be able to acquire the same or similar electrification solutions from other service providers, including at a lower price.
- We may cease providing the Portal and operating the Pilot and do not provide any commitments regarding the continued availability of the Portal or the Pilot.
Access to the Portal
We agree to you accessing the Portal and accessing or downloading Content from the Portal in accordance with these Terms. You may use the Portal solely for the purpose of obtaining information about your own household’s energy usage and opportunities to obtain potential electrification solutions information as part of the Pilot.
You agree to comply with:
- All reasonable policies of SEC notified to you regarding your use of the Portal; and
- All reasonable directions or instructions we notify you of from time to time regarding your access to and use of the Portal and any Content (including any notice provided via the Portal).
You must not use the Portal or participate in the Pilot:
- To obtain information about the electrification and needs of others in order to advise them or provide commercial products or services to them, outside of consent given to third parties directed by the SEC.
- For any purpose that is unlawful or infringes any rights of SEC or the State of Victoria, its agents, instrumentalities or employees or a third party; or
- To breach or circumvent or attempt to breach or circumvent the security of the Portal (including hacking) or engage in any other malicious, illegal or damaging behaviour in relation to the Portal or Pilot.
Portal and Content
All Content available on the Portal or provided as part of the Pilot, including (without limitation) any statements, representations and information regarding potential electrification solutions, savings or benefits is of a general nature only. All Content available on the Portal, including (without limitation) any statements, representations and information is of a general nature only and may not take into account all of your personal circumstances, aims or objectives.
You are responsible for ensuring that the information that you provide, including via the Portal is accurate and complete, as providing inaccurate or incomplete information can materially impact the quality of the information SEC can provide via the Portal. Any assessments and recommendations relating to energy usage, efficiency or financial savings (or ability to improve these matters) are estimates provided as a guide only. Whilst SEC takes due care to ensure that the results are as accurate as possible, the results may not reflect your actual past, current or future energy usage, before or after any electrification solution is implemented. The information is not financial advice and may not accurately reflect the amount that you will pay for energy before or after the implementation of any electrification solution.
The Content should not be relied upon as the basis of any decision you make relating to our services or transaction you enter into, or propose to enter into, with us or any third party (including the providers identified via the Portal). You should undertake your own enquiries and seek independent advice before making any
decisions regarding the Content. Whilst we will endeavour to keep this Portal and the Content up to date and accurate, we cannot guarantee that the Portal or Content will always be up to date or accurate.
Electrification solutions
As part of the Pilot, we may provide you with details of providers who provide or install electrification solutions. SEC may enter into commercial arrangements with these providers, including receiving a fee in exchange for the provider being featured on the Portal or receiving work via the Portal. We may periodically audit or ask you for feedback in relation to the quality of their work, products or services. However, SEC does not certify, accredit, or guarantee the performance of any of these providers. We make no representations as to the suitability or quality of their work or currency of any solutions or associated pricing, and disclaim any and all liability for and loss caused by any dealings you have with these providers. Where you wish to acquire any electrification solution from these providers, you should verify the details of the solution with the provider, including checking that the solution is available to you and the terms and conditions upon which that solution would be provided to you.
The electrification solutions recommended and providers listed on the Portal do not necessarily reflect all of the solutions or service providers that may be available to you. There may be additional solutions and service providers that are available to you and you should consider whether other solutions or service providers would be more suitable for your needs and requirements.
Intellectual property
All trade marks on this Portal are owned, or used under licence, by us. Nothing contained on this Portal should be construed as us granting you any licence or right to use or reproduce any of these trade marks. The Content is protected by copyright laws and is owned, or used under licence, by us. You may view any Content on the Portal for the purposes of accessing our Portal and participating in the Pilot in accordance with these Terms, however you may not otherwise use, reproduce or exploit the Content, any intellectual property in the Content or any other intellectual property accessible on or via the Portal without obtaining our prior written consent.
If you submit data or information to us via the Portal, you acknowledge that we have a perpetual right to use, reproduce, modify and create derivative works from that data or information to undertake, assess or improve the Pilot, provide the Portal, for the purposes set out in our privacy policy, and otherwise for our internal business purposes.
Your obligations
You agree not to do any of the following (unless expressly permitted under these Terms or if you have obtained our prior written consent):
- Copy, reproduce, replicate, post or redistribute the Content or any portion thereof;
- Modify, copy, distribute, transmit, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any content obtained or derived from or through this Portal;
- Access or use the Portal or the Content for any commercial purpose;
- Access or use the Portal in any manner that could damage, disable, overburden or impair the Portal;
- Access or use the Portal in any manner that may interfere with any other party’s use and enjoyment of the Portal; or
- Access, monitor or copy any Content using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
You agree not to post, upload to, email, transmit, distribute, store, create or otherwise publish through the Portal any Unacceptable Content.
Termination
We may at any time temporarily or permanently suspend or disable the Portal or your access to the Portal or participation in the Pilot (or any part of the Portal, including access to any Content) or permanently cease operating the Portal or undertaking the Pilot (or any part of them). We will use commercially reasonable efforts to provide you with reasonable notice before doing so, however we are not required to provide prior notice where we suspend your access to the Portal or participation in the Pilot following your breach of these terms or to address material risks including regarding security, compliance with laws or the stability of the Portal.
Variation
We may, at our sole discretion, vary or modify these Terms by posting the updated Terms on the Portal. We will provide you with reasonable notice of any material changes to the Terms. Any subsequent access to, or use of, this Portal or participation in the Pilot by you will constitute your acceptance of those varied Terms. Where you do not agree with the varied Terms, you can cease using the Portal and participating in the Pilot at any time. You acknowledge and agree that we may vary or modify the features or functionality of the Portal or modify any Content available via the Portal from time to time.
Links
This Portal may contain links to third party websites. These links are provided for convenience only and may not remain current or be maintained. These links do not indicate expressly or impliedly, any endorsement or approval by us of the third party websites or the products, services and information provided on such websites. We are not responsible for the content or privacy practices associated with linked websites. You acknowledge and agree that all access to and use of any such third party websites and use of the website’s products, services and information is solely at your own risk.
Privacy
Personal information collected by us as a result of your use of the Portal will be collected, held, used, disclosed and otherwise managed by us in accordance with our collection statement, available at secvictoria.com.au/powerup/privacy-collection-statement and our privacy policy, available at secvictoria.com.au/privacy
Errors and defects
We do not guarantee that access to the Portal will be uninterrupted or error free. The operation and functioning of our Portal is reliant on our own, and our technology and telecommunications providers, operational processes in respect of computers, computer networks and telecommunications. Disruptions to these processes may result in our Portal being unavailable from time to time and you acknowledge that you may not be able to access the Portal or any associated accounts or related services during such periods. You must take your own precautions to ensure that accessing the Portal does not expose you to the risk of viruses, malicious computer code or other forms of interference or damage to data, hardware or software which arises in connection with your use of the Portal.
Liability
To the extent your use of the Portal or participation in the Pilot results in you acquiring services from SEC as a Consumer, you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by these Terms. Nothing in these Terms operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability, implied or conferred under the Australian Consumer Law or any other statute, the exclusion, restriction or modification of which would contravene that statute or cause any of these terms and conditions to be void (Non-excludable Obligation). Except in relation to Non-excludable Obligations, SEC will have no liability to you for any special, indirect or consequential loss or damage that arises directly or indirectly in connection with your use of the Portal or participation in the Pilot, and whether arising in statute, in tort (for negligence or otherwise), or on any other basis in law or equity. SEC’s liability to you:
· for a failure to comply with any Non-excludable Obligation, except for services provided by SEC of a kind ordinarily acquired for personal, domestic or household use or consumption (in respect of which liability is not so limited under these Terms); or
· in connection with your use of the Portal or participation in the Pilot, and whether arising under any indemnity, statute, in tort (for negligence or otherwise), or on any other basis in law or equity, other than for a Non-excludable Obligation,
is, to the extent permitted by law, limited to supplying the services again or payment of the cost of having the services supplied again.
Subject to the above, and to the maximum extent permitted by law, SEC and its service providers, associates, related entities, agents and contractors do not make any representations, warranties or endorsements (express or implied) as to the accuracy, completeness, legality, suitability or reliability of the information contained on the Portal and in the Content.
General
(a) You may not assign your rights or obligations under these Terms.
(b) If any provision of these Terms is invalid or not enforceable in accordance with its terms, it is to be read down, if possible, so as to be valid and enforceable and will otherwise be capable of being severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction.
(c) All terms implied by law, except those that cannot be lawfully excluded, are excluded.
(d) These Terms are governed by, construed and enforced in accordance with the laws of Victoria. You submit to the non-exclusive jurisdiction of the courts in the state of Victoria.
Definitions
In these Terms, unless the context requires otherwise:
Australian Consumer Law means schedule 2 of the Competition and Consumer Act 2010 (Cth), as given effect under the Fair Trading Act 2012 (Vic).
Content means any information, material, content made available by SEC on the Portal or provided as part of the Pilot, including without limitation, information, guidelines, recommendations, electrification solutions, data, text, designs, images, graphics, materials, audio visual and other content available on the Portal.
Consumer has the meaning given in section 3 of the Australian Consumer Law. Terms means these terms and conditions, as updated pursuant to clause 7.
Unacceptable Content means:
(a) content which, in our reasonably held opinion, is obscene, offensive, upsetting, defamatory, illegal or inappropriate, infringes or appears to infringe the intellectual property rights of any person or contravenes or appears to contravene any applicable laws, regulations or codes of conduct;
(b) content which is incorrect, false, misleading or defamatory; or
(c) files with any viruses, malicious code or other conditions which could damage or interfere with data, hardware or software.
You or your means any person who accesses the Portal or applies to participate in or participates in the Pilot.