Easyswitch

Easyswitch site use terms and conditions

The following are the terms of use that each "Easyswitch™" customer must read before proceeding with any Service using the Easyswitch™ Website. If you use the Easyswitch™ Website, you will be deemed to have read and agreed to the terms of use of the Agreement set out below.

1. General:

1.1 This Agreement is made between you the customer ("Customer") and Easyswitch Pty Limited, ABN 21 126 109 500 having its registered office at 20 Bellevue St, Glebe NSW 2037 ("Easyswitch");

1.2 In this Agreement, unless the context otherwise requires:

"Application" means the Customer's acceptance of an offer made to the Customer by a Retailer via the Easyswitch Website to switch from your current energy retail service provider to the particular Retailer whose alternative service is identified and offered for comparison and acceptance by the Customer, on and using the Easyswitch Website.

"Easyswitch Website" means the internet website from time to time located at and having the internet address of 'easyswitch.com.au'.

"Internet" means the global data network comprising interconnected networks using the TCP/IP ("Transmission Control Protocol/Internet Protocol");

"Law" means the law applicable from time to time in the state of New South Wales.

"Service" means the service provided by easyswitch via the easyswitch.com.au Website whereby the Customer may obtain independent and objective information on the Retailers and the services and products they offer and, accept Retailers' offers to provide the Customer with their alternative retail energy services, products and/or goods (and includes any use of the Easyswitch Website).

"Software" means any proprietary software utilised by Easyswitch to enable the Customer to use the Service;

"Retailer" means any Retailer of services, products and/or goods selected by Easyswitch from time to time and who is listed on the easyswitch.com.au website.

1.3 Easyswitch reserves the right to amend these terms of use at any time. All amendments to these terms will be posted on-line. The Customer may terminate the Agreement by written notice to Easyswitch if the Customer does not wish to be bound by such new terms of use. Continued use of the Service or the easyswitch.com.au website will be deemed to constitute acceptance of the new terms of use.

2. The Service

2.1 The Customers use of the Service, is subject to the terms of use set out in this Agreement.

2.2 The Service is made available to Customers solely to communicate information and to permit the Customer to obtain quotations from Retailers. Easyswitch™ is not and will not at any time become a party to any agreement between a Customer and Retailers which may result from the Customer’s use of the Service. Further, the Customer acknowledges and agrees that Easyswitch™ is not acting in any way as the agent of any Retailer and no such agency arises merely from the fact that the Retailer is listed on the Easyswitch™ Website. All quotations, offers, acceptances, dealings and transactions of any nature as between the Customer and a Retailer, and all legal liabilities, obligations and benefits arising therefrom whether in contract, tort or by legislation arise and operate solely as between the Customer and Retailer. The Customer acknowledges and agrees that under no circumstances is Easyswitch™ making any representations either itself or on behalf of any Retailer, in respect of Retailer services, products and/or goods which are introduced to the Customer and made available for comparison by the Customer with its existing energy retail service provider or any other Retailer by using the Easyswitch™ Website, and under no circumstances will the Customer hold or seek to render Easyswitch™ liable for any loss or damage suffered by the Customer, as a result of the Customer entering into a legally binding arrangement with a Retailer arising from the Customer’s introduction to and ability to compare the services, products and/or goods offered by any Retailer. In particular, the Customer will not hold Easyswitch™ responsible for any loss, cost or damage incurred by Customers arising out of or in relation to the transaction or attempt to enter into a transaction (including but not limited to failure to transmit or deliver any services, products or goods).

2.3 The Customer acknowledges and agrees (and hereby grants its express consent) to Easyswitch™ to pass the Customer’s details to Retailers for the purpose of such Retailers making offers to such Customers to supply them with services from such Retailers.

2.4 Easyswitch makes no representation, and does not make any warranty as to the accuracy, completeness, fitness for purpose or legal status of any information accessed using the Services on or via the Easyswitch™ Website or which is otherwise sent to the Customer by a Retailer and/or received by the Customer from a Retailer. The Customer agrees that sole responsibility for establishing the accuracy, completeness, fitness for purpose and legal status of the information relating to Retailer’s information, goods or services rests with the Customer, and any reliance by the Customer on such information will be deemed to have arisen as a result of the Customer having made reasonable and prudent enquiries directly of the relevant Retailer. Under no circumstances will Easyswitch™ be held or sought to be made liable by the Customer for any representation or warranty received by and relied on by the Customer using the Service.

2.5 Easyswitch will use all reasonable endeavours to ensure that the information relating to Retailers' services and the cost of such services is updated regularly. However, the Customer acknowledges that the prices are not updated every day and the Customer must make its own enquiries directly with any relevant Retailer as to current prices before entering into any retail energy supply arrangement with that Retailer.

2.6 Easyswitch does not guarantee to provide the Service free of faults. In the event of a fault in the Service, the Customer should report it by telephone on the support number provided to the Customer.

2.7 Easyswitch does not warrant that the Customer's use of the Service will be uninterrupted and does not warrant that any messages or information transmitted via the Service will be transmitted accurately, reliably, in a timely manner or at all. Easyswitch reserves the right to make the Service unavailable at any time, or to restrict access to parts or all of it without notice.

2.8 Easyswitch may at any time withdraw any Retailer (or any product or service of a Retailer) from the Easyswitch Website.

2.9 Without limitation, the Customer agrees not to use or permit anyone else to use the Services or Easyswitch website:

  1. to send or receive any material which is offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
  2. to cause annoyance, inconvenience or needless anxiety;
  3. to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
  4. other than in conformance with accepted Internet practices and practices of any connected networks; or
  5. in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.

2.10 If the Customer uses (or permits anyone else to use) the Service in contravention of this Agreement, Easyswitch may suspend the Customer's use of the Services.

2.11 If Easyswitch suspends the Services, it may refuse to restore the Services until it receives an assurance from the Customer, in a form deemed acceptable by Easyswitch that there will be no further breach of the provisions of this Agreement.

2.12 The Customer grants Easyswitch a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any material transmitted by the Customer via the Services, except if such message is transmitted by way of private correspondence.

2.13 Title, ownership rights and intellectual property rights in and to any and all content accessed by the Customer using the Services is the property of Easyswitch™, the applicable Retailer, or another content owner and may be protected by applicable copyright, trade mark or other laws. The Agreement gives the Customer no rights to such content and the Customer agrees not to misuse any such content.

2.14 The following uses of the Services are expressly prohibited:

  1. offering Easyswitch™ and/or the Retailer's services, products and/or goods without the prior written consent of Easyswitch™ or the relevant Retailer;
  2. furnishing false data including but not limited to false names, addresses and contact details and fraudulent use of credit/debit card numbers;
  3. attempting to circumvent Easyswitch™ ’s security or network ("cracking") including, but not limited to, accessing data not intended for the Customer, logging into a server or account to which the Customer is not expressly authorised to access, or probing the security of other networks (such as running an open port scan, intrusion toolkit or similar tool);
  4. executing any form of network monitoring which will intercept data not intended for the Customer;
  5. sending unsolicited mail messages, including the sending of "junk mail"; or other advertising material to individuals who did not specifically request such material. The Customer is explicitly prohibited from sending unsolicited bulk mail messages. This includes, but is not limited to, bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving e-mail of this nature, the Customer may not send that person any further e-mail;
  6. creating or forwarding "chain letters" or other "pyramid schemes" of any type, whether or not the recipient wishes to receive such mailings;
  7. malicious e-mail, including, but not limited to, "mail-bombing" (flooding a user or site with very large or numerous pieces of e-mails); and
  8. entering into fraudulent transactions with Retailers (which shall be include but not be limited to entering into transactions purportedly on behalf of a third party where the Customer has no authority to bind that third party or the Customer pretending to be a third party);
  9. unauthorised use, or forging, or mail header information.

3. Payments:

3.1 The Customer shall be responsible for transmitting all payments due to Retailers on the terms agreed with the relevant Retailer. Easyswitch shall have no responsibility for transmission of payments to a Retailer.

3.2 Certain Retailers will require details of the Customer's credit or debit card and the Customer hereby agrees to provide such details to Easyswitch where requested, and/or directly to the retailer where necessary and to the forwarding of such details by Easyswitch to the relevant Retailer.

4. Customer Obligations:

4.1 Easyswitch will inform the Customer of any applicable terms and conditions imposed by a Retailer, in relation to the supply of its services and products. The Customer agrees to be bound by all applicable terms and conditions imposed by a Retailer, in relation to the supply of its services, products and/or goods by that Retailer to the Customer and that no other terms and conditions (including those set out in this Agreement) or representations are expressly or impliedly included in or have been relied on by the Customer, in entering into an agreement with the Retailer.

4.2 The Customer represents, and warrants that all information provided by it on registration, while using the Service and generally while bound by this Agreement is true, complete and accurate, and that the Customer shall promptly inform Easyswitch™ of any changes to such information within 3 months of Application.

5. Intellectual Property:

5.1 All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the "look and feel" and other visual or non-literal elements) whether registered or unregistered) in the Easyswitch™ Website, information and content on the Easyswitch™ Website, any database operated by Easyswitch™, and the Software shall remain the property of Easyswitch™, the Retailers or applicable intellectual property licensors, and the Customer shall not obtain, and shall not attempt to obtain any title to any such intellectual property rights or otherwise misuse such rights.

5.2 No part of the Service may be reproduced in any form or used in any other way except in accordance with these terms of use.

5.3 Easyswitch™, the Easyswitch™ Website, and the Easyswitch™ logo are currently being registered as registered trade marks of Easyswitch™. You must not use these or any other registered or unregistered trade marks on the Service without the prior written permission of Easyswitch™.

5.4 Easyswitch grants the Customer a non-exclusive transferrable licence to use the Software solely in executable form and only to the extent necessary for use of the Service and for no other purpose.

6. Easyswitch's Liability

6.1 Nothing in these terms and conditions shall affect Easyswitch’s liability in respect of:

  1. death or personal injury arising from its own negligence or that of its employees, agents or contractors while acting in the course of their employment by Easyswitch; or
  2. any liability of Easyswitch which cannot by Law be excluded or restricted.

6.2 In performing any obligation under this Agreement, Easyswitch's only duty is to exercise reasonable care and skill.

6.3 Easyswitch does not representor warrant, and excludes to the maximum extent permissible by Law, liability, and loss and damage of any and all kinds recognised by Law:

  1. in respect of the accuracy, completeness, fitness for purpose or legal status of any information accessed using the Services; and

  2. for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.

6.4 In this Agreement and, in particular, for the purpose of clause 6.3 above, the words “liability, loss and damage” liability in contract, tort (including liability for negligence) and/or statutory liability, and loss or damages suffered as a result of any use of the Service, including but not limited to direct, indirect or and/or consequential loss and damage, loss of business, loss of revenue or profits, loss of anticipated savings and wasted expenditure, corruption or destruction of data.


7. Data Protection

7.1 Easyswitch™ shall comply with all applicable data protection and privacy laws in the Australia. For a description of how Easyswitch™ uses personal data the Customer should refer to Easyswitch™ ’s privacy policy.

8. Unexpected contingency:

8.1 Easyswitch™ shall not be liable for any breach of its obligations under this Agreement where it is hindered or prevented from carrying out its obligations by any cause outside its reasonable control, including without limitation by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).

9. Notices

9.1 Unless otherwise stated within this Agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than for the purpose of legal process) sent by fax or pre-paid post to the Customer at the address supplied to Easyswitch™ or, in the case of Easyswitch™, it’s contact address as set out in the Easyswitch™ Website.