Utility Bill Concierge Terms and Conditions

The following document outlines the Terms and Conditions for the Utility Bill Concierge product. You will be required to read, understand, and agree to before using the Utility Bill Concierge Services.

1.       WHO WE ARE AND HOW TO CONTACT US

Utility Bill Concierge www.billconcierge.com is a website (Site) operated by BidEnergy Ltd (ACN 131 445 335) of Level 15, 15 William Street, Melbourne, VIC, AUSTRALIA, 3000 (we, us and our).

To contact us, please email info@bidenergy.com.

 

2.       BY USING OUR SITE YOU ACCEPT THESE TERMS

By using our Site, you confirm that you, either directly or as an authorised representative of your principal, accept these terms and conditions of use (Terms) which apply to this Site and the products and services available through the Site (collectively, the Services), and that you agree to comply with them. If you do not agree to these Terms or if you are unauthorised to agree to them, you must not use our Site. Any misrepresentations you make to us may be actionable.

 

3.       WE MAY MAKE CHANGES TO THESE TERMS

These Terms are intended to be for the benefit of each of BidEnergy Ltd, its related bodies corporate and their respective directors, officers, employees, agents and contractors.

We amend these Terms from time to time. Every time you wish to use our Site, please check these Terms to ensure you understand the terms that apply at that time.

These Terms were most recently updated on 9th of September 2020.

 

4.       WE MAY MAKE CHANGES

We may update and change our Services from time to time to reflect changes to our website functionality, operations, products, services, our users’ needs, changes in law and our business priorities.

 

5.       WE MAY SUSPEND OR WITHDRAW OUR SERVICES

Our Site is made available free of charge.

We do not guarantee that our Site, or any content on it, will always be available, uninterrupted or be error-free. We may suspend or withdraw or restrict the availability of all or any part of our Site, or the Services, for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

 

You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms and other applicable terms and conditions, that they accept them and comply with them.

 

6.       WE MAY CONTACT YOU

By using our digital content or providing personal information to us, you agree that we may communicate with you electronically or otherwise and pass your information to third parties for the purposes of providing the Services.

 

7.       YOUR ELIGIBILITY TO USE THE SERVICES

Our Services are directed to users who are at least 18 years old and are residing in and using the Services within Australia. We do not represent that content available on or through our Site is appropriate for use or available in other locations. If you access our Services from outside Australia, you do so at your risk and you are responsible for compliance with laws applicable to your access of the Site, products or services from your location.

 

8.       YOUR GENERAL USE OF OUR SERVICES

We reserve all rights to our intellectual property

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

“BidEnergy”, “Bid” and all related names, logos, product and service names, designs and slogans are our trade marks or the trade marks of our affiliates or licensors. You must not use such marks without our prior written permission unless they are part of material you are using as permitted under this clause. Other names, logos, product and service names, designs and slogans on this Site are the trade marks of their respective owners and are used by us under licence.

Unless you have been expressly authorised to do so in writing by us, you agree that you will not use any of our intellectual property in a way that is likely or intended to cause confusion about the owner or authorised user of our intellectual property.

You must not delete or alter any copyright, trade mark or other proprietary rights notices from copies of materials from this Site.

 

How you may use materials on our Site

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not use our Services for commercial purposes without our consent

You must not use any part of the content on our Site or our Services for commercial purposes without obtaining a licence to do so from us or our licensors.

Representations you make when using the Site or any of our Services on behalf of another

By using our Site or signing any document on behalf of another person or company (digitally, electronically or otherwise), you represent that you are an authorised representative or agent of that person or company and have the requisite authority to perform such actions.

This Site is provided on an “as is” and “as available” basis, and we make no representations or warranties, express or implied, regarding the operation or availability of the Site.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@bidenergy.com.

Do not rely on our chatbot services

Our Site may provide a chatbot service to help answer some of your basic questions (Chatbot Service).  Our Chatbot Service is a computer program designed to simulate an online conversation with a human.

Our Chatbot Service is only able to provide general answers to your questions and/or direct you to potentially relevant content.  It is not able to answer questions specific to your circumstances.  You should not rely on responses provided by our Chatbot.

By using our Chatbot Service you acknowledge and consent to us recording your conversations with the chatbot and using details you provide us to contact you.

You should seek professional advice

All content provided by us on our Site and in connection with the Services is provided for general information only. It is not intended to amount to advice on which you should rely. Before acting on any information provided by the Site or in connection with the Services, you should evaluate your own individual needs, objectives and situation, and which products are suitable for you, and if necessary seek independent financial or investment advice before making a decision.

 

9.       OUR COMPETITIVE BIDDING SERVICES TO YOU

One of the Services we provide you through our Site is the opportunity to compare your energy bill for an individual address or location against a rate or range or rates, calculated by us, that estimates the average market rate or range of rates for a similar sized address or location in a similar geographic location (Benchmark Rate).

Where potential savings are identified, and at your request, we will provide your information, including your energy bill, to third party Australian utility service providers (Providers) who will be able to bid for your business (Bid) with lower energy rates (Competitive Bidding Services). The Competitive Bidding Services will present you with the three most competitive Bids, based on price and/or criteria you select and allow you to enter into a contract for energy services with one Provider.

The Benchmark Rate is an estimation only and should not be relied upon

In order to calculate the Benchmark Rate, we may rely on the observed effective rates of Bids received and predictions and estimations (by us and third parties) as to market circumstances which are based on assumptions.  Therefore, the Benchmark Rate is an estimation only, made considering the data we have at the time of calculation.

It is subject to several risks and uncertainties that could cause the actual rates available in the market to differ materially.  It is also not reflective of your specific circumstances, seasonal variances in your energy usage or the existence of any other variables such as a pandemic.

We do not provide any assurance or guarantee that the Benchmark Rate will be accurate.  You must not rely on the Benchmark Rate and should seek further information and/or professional advice before using the Competitive Bidding Services to enter into an agreement with a Provider.

Our role

We provide the competitive bidding services to facilitate the exchange of information between you and Providers to enable the Bid process. We do not act on behalf of you or Providers.

 

The information you provide us must be accurate

It is a condition of using the Services, including the Competitive Bidding Services, that any personal information, energy bills or other data you choose to upload, is genuine, accurate and not misleading.  You also acknowledge that any Bids you may receive remain subject to the verification, by us, on request, of any energy bills or data you provide to us. You further agree to indemnify us, and any affected third parties, for all losses, claims, liabilities, costs and expenses arising out of or in connection with any inaccurate or misleading information you provide.

 

We are not responsible for the conduct of Providers or information we display

We have no control over the Bids made by the Providers and we do not represent, warrant or guarantee that:

  • you will receive any Bids from Providers;
  • any offers you receive will be equal to or less than the Benchmark Rate;
  • any Bid or offer you receive from Providers will be better than that offered by your existing provider; or
  • any Bid or offer you receive will be honoured by Providers.

We also make no representations, warranties or guarantees, express or implied, about the accuracy of any information or energy rates provided to us by Providers that are publicised or displayed on our Site, used to calculate Bids or otherwise provided to you directly or indirectly.

 

Our Competitive Bidding Services are not comprehensive

The products and services quoted and compared in the Competitive Bidding Services are not representative of all the products and services available in the market. At times, not all brands or products from those brands may be available or offered to you. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, express or implied, that any content on our Site is accurate, complete or up-to-date.

10.   OUR CONCIERGE SERVICES TO YOU

One of the Services we provide through our Site is the option to collect your energy bills from your Provider on your behalf, review your bill for irregularities (Review) and input your bill into your nominated account operated by Xero Limited (Xero) (together, Concierge Service).

This may require us to access and collect data relating to your Xero account for as long as we provide the Concierge Service.

Our Concierge Service is currently provided for free.  If this changes, we will give you 60 days’ notice and you will be subject to the terms in clause 11.

 

Our Review should not be relied upon

Our Review of your energy bills is a general review only and should not be relied upon.  Our Review will aim to flag to you substantial variances or irregular charges from your Provider based on information we have access to.

 

We will not contact Providers on your behalf

If we identify an irregularity in our Review, we will notify you.  If you are concerned about the content of your energy bill, you should contact your Provider or seek professional advice.  We will not contact your Provider on your behalf – this remains your responsibility.

 

We are not responsible for the conduct of Xero

We have no control over the actions or services provided to you by Xero and limit our liability in accordance with clause 16.

 

 

11.   SUBSCRIPTION FEES, PAYMENTS & TERMINATION OF SERVICES

You may be required to pay Subscription Fees to use our Services

Some of our Services may be provided to you for a fee (Subscription Services). For those Subscription Services, you must pay, and you authorise us to charge you using your selected payment method for, all applicable fees (Subscription Fees).

Some of our Services or elements of our Services are provided to you without payment of a Subscription Fee.

Subscription Fees are payable annually for each Subscription Service. Subscription Fees are non-refundable except as required by law.  You are responsible for providing complete and accurate invoicing and contact information to us.

We may suspend or terminate your access to our Subscription Services if any Subscription Fees are unpaid, underpaid or overdue.

 

Duration of your subscription 

For Subscription Services, upon payment of the Subscription Fee you will receive 12 months’ access which enables you to use the Subscription Service.

 

Your subscription may be automatically renewed

If your account is set to automatically renew, we may automatically charge for the renewal of Subscription Fees, unless you notify us that you want to cancel or disable auto renewal within the required period.  We may vary the amount of Subscription Fees payable prior to the start of a renewal term (subject to your right to cancel the renewal).

 

Terminating your Services and Subscription Services

You’re free to stop using our Services and Subscription Services at any time. However, for Subscription Services, any unused portion of a Subscription Fee paid in advance will not be refunded unless required to at law or under these Terms.

We may terminate the agreement formed by these Terms and accordingly your access to the Services and Subscription Services immediately if:

  • you breach these Terms where the breach is not capable of remedy, or if capable of remedy is not remedied within 7 days of us notifying you to so remedy;
  • you go into liquidation; or
  • you cease, or notify that you are about to cease, carrying on business.

Except for accounts that have been pre-paid beyond the relevant period, we reserve the right to terminate and delete your account if you have not accessed our services for 12 consecutive months or more.  We will provide you with notice via the email address associated with your account before we do so.

You may terminate the agreement formed by these Terms, and accordingly your access to our services, immediately if we go into liquidation or cease, or notify that you that we are about to cease, carrying on business.  If you terminate the agreement for this reason then you are not required to pay any fees from that date of termination.

We reserve the right to terminate our non-paid services for any reason, immediately, and for paid services by giving 30 days’ written notice. If we do so, we will refund to you any unused portion of any Subscription Fee on a pro-rated basis

 

Taxation

Our fees are inclusive of goods and services tax and we will provide you with a tax invoice, as defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).  You are responsible for all other taxes. We will charge tax when required to do so. If you are required by law to withhold any taxes, you must provide us with an official tax receipt or other appropriate documentation.

 

12.   PROVIDERS ARE RESPONSIBLE FOR THEIR ENERGY SERVICES

We do not act nor provide services on behalf of Providers

You are responsible for satisfying yourself of the features and benefits of a Provider’s service offering made available through our Site.  We do not buy any energy services on your behalf, nor do we supply these services on behalf of Providers.  We do not endorse any of the third-party Providers whose services you become aware of or may be available to you through use of the Services. You acknowledge and agree that we do not enter into a contract with you for any products or services and do not sell, re-sell or licence any products or services to you.

 

We are not responsible for any loss associated with the provision of energy services

We are not responsible or liable for any loss or damage you may suffer or incur in connection with any product or service you obtain from any Provider after using our services, for any acts, omissions, errors or defaults of any Provider or other third party in connection with that product or service or for any savings available to you from a Provider.

 

13.   YOUR INFORMATION AND YOUR PERMISSIONS

You may be required to provide us with your information

When you use our Services, you are required to provide us with information such as your current energy provider, your energy invoices, meter data, your address, your company details, phone number and email address (Your Information).

 

Permissions you give us regarding Your Information  

You give us permission to access and use Your Information, to back it up, and to share it with third parties (such as with Providers) for the purposes of using the Services.  You agree that we may also access, store, scan and use Your Information to provide you with features such as alerts, searching, and reports.

Your privacy is very important to us. Where Your Information is “personal information” protected by privacy legislation, we will deal with it in accordance with our Privacy Policy and Collection Statement [insert hyperlinks to your Privacy Policy and Collection Statement].

 

You are responsible for the accuracy of Your Information

You agree that you are responsible for maintaining the accuracy of Your Information. If any of Your Information is incorrect, inaccurate or out of date (for example an erroneous email address or other contact details) then we will not be liable and you will indemnify us for anything that happens, including all loss, claims, costs, damage, expenses incurred, arising from our use of that information.

 

14.   WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our Site contains links to other sites (including banner advertisements and sponsored links) and resources provided by third parties including Providers, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third party websites entirely at your own risk and subject to the terms and conditions of use for those websites

 

15.   PROHIBITED USES OF OUR SITE AND SERVICES

The Site, its content and our other Services are made available only to genuine and honest website users.  By using the Site you represent and warrant that you are such a user.

You may use the Site and Services only for lawful purposes and in accordance with these Terms. You agree not to use the Site or the Services:

  • to access services on behalf of an entity or person unless you are authorised by that entity or person to do so;
  • in any manner inconsistent with the purpose for which the Site or Services are provided;
  • in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from other countries);
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in clause 1 of these Terms;
  • to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
  • to impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity; or
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Services, or which, as determined by us, may harm us or users of the Site or Services or expose them to liability.

Additionally, you agree not to:

  • use the Site or Services in any manner that could disable, overburden, damage, or impair the Site or Services or interfere with any other party’s use of the Site or Services, including their ability to engage in real time activities through the Site or Services;
  • use any robot, spider or other automatic device, process or means to access the Site or Services for any purpose, including monitoring or copying any of the material on the Site;
  • use any manual process to monitor or copy any of the material on the Site or Services or for any other unauthorised purpose without our prior written consent;
  • use any automatic or manual process to reverse engineer or decompile any part of the Site or Services;
  • use any device, software or routine that interferes with the proper working of the Site or Services;
  • introduce any viruses, trojan horses, worms, logic bombs, spyware, computer code, file, program or material which is malicious or technologically harmful;
  • attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Site or Services, the server on which the Site is stored, or any server, computer or database connected to the Site;
  • attack the Site or Services via a denial-of-service attack or a distributed denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of the Site or Services.

 

We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

 

 

16.   WE LIMIT OUR LIABILITY IN CERTAIN CIRCUMSTANCES

In no event will we, our affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Site, any websites linked to it, any product demos you may obtain through our Site, any of our Services, the Competitive Bidding Services, Concierge Services, any content on our Site or such other websites, any Bids, quotes or Services obtained through our Site or such other websites. This includes no liability for any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by applicable law including the Australian Consumer Law.

You agree to defend, indemnify and hold us, our affiliates, licensors and service providers, and each of their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site or Services, including, but not limited to, any data or information you use or upload which is directly or indirectly provide Providers, your use of any information obtained from the Site and any use of the Site’s content and Services other than as expressly authorised in these Terms.

 

17.   WE ARE NOT RESPONSIBLE FOR VIRUSES

We do not guarantee that our Site or any Services will be secure or free from bugs or viruses or any other type of malicious code or software.

You are responsible for configuring your technology to access our Site and Services. You should use your own antivirus software.

 

18.   RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

Our Site or any Services must not be framed or mirrored on any other Site, nor may you create a link to any part of our Site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Site other than that set out above, please contact us at info@bidenergy.com.

 

19.   RESOLVING DISPUTES

We prefer to resolve any dispute with you quickly and informally

If there is any dispute relating to these Terms or the Services we provide you (Dispute), we would like to try to sort things out first and address your concerns without needing formal legal proceedings.

Before filing a claim against us, you agree to try to resolve the Dispute informally by contacting info@bidenergy.com. We will try to resolve the dispute informally by contacting you via email.

We have a formal dispute resolution process

If we are unable to resolve the Dispute quickly and informally, the procedure set out in this clause must be followed in relation to the resolution of a dispute concerning the Site or any Services.

Upon any Dispute arising, a party may give written notice to the other party that a Dispute exists (Dispute Notice).  The Dispute Notice shall provide the recipient with the full particulars of the matters in Dispute.

The timetable and process for resolving a Dispute pursuant to a Dispute Notice are as follows:

  • within 7 days of receipt of a Dispute Notice, the recipient shall hold discussions in good faith in an attempt to resolve the Dispute;
  • if the Dispute is not resolved within 30 days of the commencement of the discussions or if the discussions have not taken place within the 7 day period, the parties shall refer the matter to mediation;
  • the parties to the Dispute must attempt to agree on the appointment of a mediator. If the parties cannot agree, a mediator is to be appointed by the President of the Law Institute of Victoria;
  • the costs of the mediation are to be shared equally by the parties to the Dispute;
  • the parties to the Dispute shall use their best endeavours to ensure the mediation takes place within 30 days of a mediator being appointed; and
  • the mediation is to take place in Melbourne, Australia.

Except for the purpose of obtaining urgent interlocutory or declaratory relief from a court of competent jurisdiction, neither party shall commence any proceedings in any court, tribunals or otherwise without first providing a Dispute Notice and complying with the dispute resolution process set out above.

 

Australian law applies to disputes

These Terms, their subject matter and their formation, and any dispute resolution process are governed by Victorian law. You agree that the courts in Victoria, Australia will have exclusive jurisdiction.