Privacy. We take your privacy seriously. Please read our Privacy Policy to find out what information we collect, the purposes for collection of information, how we collect and use your information, and to whom we may disclose your personal information. You consent to the collection, use, disclosure and storage of your personal information in accordance with our privacy policy, including (but not limited to) the collection, use and disclosure of information referred to in clause 8 in the context of our facilitation of your switch from your current electricity retailer to a new electricity retailer.

Our Platform and Services. Joulius is designed to help residential retail energy customers like you make informed choices about the best retail energy plans available, based on an analysis of your individual energy consumption and our knowledge of all publicly available offers from all electricity retailers in Victoria, plus any information on offers that may be provided directly to us by electricity retailers. Our Service is only available in respect of: (a) electricity consumption measured by electricity meters located in Victoria; and (b) customers of an electricity retailer in Victoria.

How we get paid. You do not need to pay any fee to join or to use our Platform or Services. We may receive a commission from a retailer for facilitating your switch to a retail energy plan offered by that retailer, and such commission will be identified to you before you agree to switch to the retail energy plan offered by that retailer. Notwithstanding whether we have a commercial relationship with any particular retailer, we will also ensure that all offers are always ranked in cost order (lowest cost first), regardless of whether we have a commercial relationship with any particular retailer. We will ensure that any offers where we have a commercial relationship with the retailer are clearly identified to you.

Account

(a)  To access and to use our Service (except where you upload a copy of an invoice from your energy retailer on an once-off and ad hoc basis only, using the functionality that we provide or make available via the Platform), you must be a Registered User. To become a Registered User, you must make an account using the functionality we provide through the Platform. This includes providing us with certain personal information (including, your full name, your current electricity retailer, your current energy rates and e-mail address) as specified on the Platform.

(b)  When creating an Account, you must select and provide to us a secure User name and password (login credentials). You must keep your login credentials confidential and safe from access by third parties. You must not share your login credentials with any third party.

(c)  We reserve the right to request that you provide further information from time to time in order to enable us to verify that you are a genuine Registered User.

The Platform

(a)  During the Term, we grant to you a non-exclusive, non-transferable right to access and to use the Platform, via either the Website, the App or both.

(b)  From time to time and in our sole and absolute discretion, we may implement upgrades to the Platform, through a modification, improvement or provision of a new version of the Platform. Any upgrade to the Platform will not limit or otherwise affect these Terms. You acknowledge and agree that an upgrade to the Platform may cause downtime or delays from time to time, and that we are not liable to you in any way for any loss of access during such downtime.

(c)  We may change or remove a feature of the Platform at any time without notice or (to the maximum extent permitted by law) liability to you.

Third Parties Services

(a)  The Platform contains links and pointers to internet sites maintained by third party providers (Third Party Services). These links are provided for your convenience.

(b)  Third Party Services are not under our control and we are not responsible for them. We do not endorse or recommend any Third Party Services or any associated provider organisation or their product or services. You should make your enquiries as to the suitability of any Third Party Service.

Integrated Switching Process

(a)  If an integrated switching process is available to you through the functionality available via the Platform, and subject to these Terms, as part of the Service, you may direct us to contact an energy retailer accredited with the Australian Energy Regulator in Australia (and their related bodies corporate, as that term is defined in the Corporations Act 2001 (Cth)) (Electricity Retailer) on your behalf for the purposes of switching your electricity to that electricity retailer. Without limiting these Terms or our Privacy Policy, you specifically authorise us to disclose information relating to you, including information relating to your energy consumption, to the relevant electricity retailer, in order to facilitate the switch from your current electricity retailer to your new electricity retailer.

(b)  Where your selected electricity retailer supports our integrated switching process, we will be able to assist in the switching process. To do so, you will need to provide additional information, including, a medical devices declaration, information to validate your identity, as well as other information that we request from time to time. We will handle your personal information according to our Privacy Policy, and if you direct and authorise us to, will provide your personal information to your chosen retailer to initiate your switch, from which point your personal information will become subject to that retailer’s privacy policy.

(c)  In order to complete the application to enter a contract for an Energy Plan via our Service, you must supply all information required by the Service necessary to complete an application with the relevant energy retailer. If you do not supply all requested information, we will not be able to complete your switch.

(d)  To the maximum extent permitted by law, you acknowledge and agree that we do not act as your agent in relation to the switching from your current energy retailer to a new energy retailer, and we make no representations and give no warranties to you that the new energy retailer will agree to provide energy and other services to you or that the plan that you have selected is available to you.

(e)  The provisions set out in this clause 8 do not limit and should not be construed as limiting any specific terms and conditions which apply to your access to and use of our integrated switching functionality offered through the Platform.

Permitted Use

9.1  You are only permitted to access and to use the Platform for your personal, non-commercial use to compare your current retail energy plan with publicly available offers from energy retailers and, subject to the availability of the functionality, to switch from your current retail energy plan to a new energy plan.

9.2  You must:

(a) be residing in Victoria;

(b) be an electricity account holder capable of forming a legally binding contract;

(c) have a valid email address;

(d) use our Services and Platform for lawful purposes only and

(e) ensure that your access to and use of our Services and Platform is not illegal or prohibited by any law in force from time to time, in your jurisdiction.

9.3  You must not:

(a) use or access the Platform for any purpose other than as granted by these Terms;

(b) use or access the Platform in a manner that is illegal or fraudulent or which facilitates any illegal or fraudulent activity;

(c) attempt to gain unauthorised access to any part of the Platform;

(d) interfere with or disrupt (or attempt to interfere or disrupt) any servers or networks connected to the Platform or the integrity or performance of the Platform;

(e) disable (or attempt to disable) any protection software associated with the Platform;

(f) send or store any harmful or malicious code when accessing or using the Platform (or otherwise when interacting with the Platform);

(g) use any data mining, robots or similar data gathering or extraction methods on the Platform;

(h) reverse engineer or decompile any parts of the Platform

(i) frame or link to any content or information available on the Platform or access the Platform with the assistance of any automated scripting tool or software other than as provided by us;

(j) penetrate or breach the security of the Platform, or otherwise interfere with the normal functionality and performance of the Platform;

(k) circumvent any technogical protection measures or other security features of the Platform;

(l) misuse any content that appears on the Platform, in any way;

(m) use any feature of the Platform in a manner that we reasonably determine is inappropriate or not intended; or

(n) assign your rights or obligations under these Terms.

9.4  If you become aware of any actual or suspected misuse of the Platform by any person, you must contact us as soon as practicable using the contact details or form provided on the Platform.

Termination of Services

10.1  Termination and Deleting User Account

(a) Joulius reserves the right, in its absolute discretion, to take actions to limit access to the Platform and/or terminate the Account of a User for any breach of the Terms.

(b) if a Joulius User has not uploaded a recent electricity invoice for more than twelve (12) months since the most recent upload to the Platform, nor interacted with the Platform in other ways, then we reserve the right to, and may, delete the User’s account and, subject to our obligations under any applicable law, any associated data stored on the application. To the maximum extent permitted by law, we are not liable to you for any loss or damage you may suffer as a result of our deletion of your User’s account in accordance with this provision.

(c) you may at any time delete your Account with us, including by using the functionality that we may make available on the Platform, or by notifying us in writing.

(d) for the avoidance of doubt, the termination or deletion of a User’s Account in accordance with these provisions shall constitute a termination of these Terms.

10.2  Disable Platform

(a) We reserve the right, at any time, to disable, close or render inaccessible the Platform for so long as we desire for any reason whatsoever, and without the need to provide any reasons.

(b) To the maximum extent permitted by law, we do not accept liability for any Loss which you may suffer or incur as a result of such actions.

Disclaimer

11.1  No guarantees

(a) While Joulius will use its best endeavours to find a better Energy Product than  your current Energy Product, due to a number of factors outside the control of Joulius (including, but not limited to, errors or omissions in relation to Energy Products for which the Energy Provider is responsible), Joulius does not guarantee that you will find a better Energy Product than your current Energy Product.

(b) Since Joulius Service is based on User provided historical data only, Joulius gives no guarantee to you that projected savings will eventuate if the User’s future usage changes. Where the consumption data we have for your electricity account is for a period of less than twelve (12) months, we will extrapolate your consumption data to cover a twelve (12) month period.

(c) Joulius gives no guarantee that the list of ranked Energy Products and the Energy Rates listed as part of Joulius’ Services are the best value Energy Products and Energy Rates for you may be eligible for in Australia.

(d) Joulius gives no guarantee that the Third Party Services remain available between displaying them as part of Joulius’ Service and your application to switch to the new Energy Product offered by the third party Electricity Retailer.

(e) Joulius gives no guarantee that an energy retailer will accept your application to switch to a New Electricity Retailer or Energy Product.

(f) By accessing and using the Platform, you assume all risks associated with such access and use. The Platform is provided to you on an “as is,” “as available” and “with all faults” basis and without warranties or representations of any kind either express or implied.

11.2  No financial advice

Joulius does not provide financial or investment advice. Any information provided to you in relation to Energy Products and the Energy Rates available to you is based on the then published Energy Rates of Electricity Retailers. These Energy Rates may be changed from time to time by the Electricity Retailers. You should make your independent enquiries directly of the Electricity Retailer as to the availability and suitability of any Energy Products, the Energy Rates available to you and the terms and conditions relating to those Energy Products (Including, without limitation, any changes to the Energy Rates).

11.3  No Energy Products

Joulius is not an Energy Retailer. Joulius does not offer any Energy Products. The Energy Products ranked by the Joulius Platform represent offers by Third Party Services, not offers by Joulius.

11.4  Factors not taken into account in Third Party Service rankings

(a) If a User has a GreenPower option in place with their current Electricity Retailer, the cost of GreenPower is not included in our analysis of the User’s electricity invoice, or their projected annual total cost. Nor is it included in the comparison calculations of other plans where GreenPower is available. In both situations, GreenPower options would be an additional cost. Because of the various different GreenPower options available, the only clear ‘apples for apples’ analysis is one in which the base usage and supply and other known costs are used in the analysis.

(b) Our calculations include guaranteed discounts and also once-off sign up-credits and conditional discounts such as loyalty credits paid over the benefit period of the plan (provided that such discounts and credits have a monetary value),or moving credits when a customer is rewarded for moving house and staying with the same retailer (provided that such credit has a monetary value). However, you acknowledge and agree that we cannot and do not include in our calculations movie tickets, free subscriptions and other incentives with a non-monetary value.  Where possible, these incentives are detailed in the contract terms section of the Offer Details. 

User Warranties

12.1  You represent and warrant that at all times and your own expense:

(a) you will comply with these Terms;

(b) you agree that the information you provide to Joulius, whether on registration or at any other time, will be true, accurate, current, and complete. You may be required to provide a copy of your most recent invoice from your current electricity retailer to confirm this information. You agree to provide any such invoices on our request.

(c) you agree to immediately tell us of any unauthorised use of your User name and password or any other breach of security; and

(d) you will not use The Joulius Service and its Content in any way that infringes a third party’s intellectual property or other rights or use the Joulius Service in any manner which is offensive, threatening, defamatory, fraudulent, misleading, deceptive or otherwise inappropriate.

(e) you acknowledge that, despite all reasonable precautions on our part, there is a risk of unauthorised access to, or alteration of, your transmissions of data, information contained on your computer system or on the Platform or available through the Joulius Service. To the maximum extent permitted by law, we accept no liability for any Loss which you may suffer or incur as a result of such activity.

Intellectual Property

13.1  Intellectual Property Ownership

All Intellectual Property in the Platform, the Joulius Service and its Content is owned by us or third parties and/or their successors and assignees. There is no transfer of ownership to you of any Intellectual Property in the whole or any part of the Platform, the Joulius Service or its Content.

13.2  Copyright

Except as expressly authorised, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) or except as expressly permitted by these Terms  or the relevant copyright owner or licensor, you may not, in any form or by any means:

(a) copy, adapt, reproduce, store, distribute, print, display, perform, publish, communicate to the public, make available to public or create derivative works of the whole or any part of the Materials; or

(b) commercialise the whole or any part of the Materials, without our express written permission or, in the case of third party material, from the owner of the copyright in that material.

13.3  Trademarks

“Joulius” is a registered trade mark. Any use of our trade marks by you must include a statement attributing the trade mark to Us. You must not use any of our trade marks:

(a) in or as the whole or part of your own trade marks;

(b) in connection with any business, products or services which are not ours;

(c) in a manner which is or may be confusing, misleading or deceptive to any person; or

(d) in a manner which disparages Us, the Joulius Service or the Platform.

Limitation of Liabilities

14.1  To the fullest extent permitted by law, We do not accept any liability for any Loss (including, without limitation, loss of profits or indirect, consequential, incidental, special exemplary or punitive loss or damage), howsoever caused, suffered or incurred by you arising from or in connection with:

(a) Your access to, or use of, the Platform, the Joulius Service or its Content or any Third Party Service;

(b) any error or defect in the Platform, the Joulius Service or its Content, even if We have been informed of the possibility of such Loss.

(c) the suitability for your intended use of the Joulius Service;

(d) the accuracy, completeness or suitability for your intended use of any information (including, without limitation, any Content made available to you through the Joulius Service); or

(e) that the Joulius Service or any Content on the Joulius Service or the Platform will be uninterrupted or error-free or defect-free or that errors or defects in the Joulius Platform or any Content on the Joulius Service or the Platform will be corrected.

(f) that any electronic files available through the Platform will be free of Harmful Code or that your use of the Platform will achieve any particular results.

The above disclaimers do not attempt or purport to exclude liability under any statute if, and to the extent, such liability cannot be lawfully excluded (including any guarantee under the Australian Consumer Law).

14.2  Circumstances beyond our reasonable control

We accept no liability for any delay or failure to perform our obligations under these terms and conditions if such a delay or failure is due to circumstances beyond our reasonable control.

 14.3  Limitation of Damages

To the maximum extent permitted by law, Joulius and/or its affiliates’, contractors’, employees’, agents’, or third-party partners’, licensors’, or suppliers’ total liability to you for all damages, losses, and causes of action arising out of or relating to these Terms or your use of the Platform or your interaction with other Users (whether in contract, tort including negligence, warranty, or otherwise), will not exceed the amount paid by you, if any, to Joulius during the twelve months immediately preceding the date of the claim or one hundred dollars, whichever is greater.

General

15.1  Amendments to Terms

We reserve the right to amend these terms and conditions at any time. Any amendments shall be effective immediately upon notification on the Platform. Your continued use of The Joulius Service and Platform following such notification will represent an agreement by you to be bound by the terms and conditions as amended Terms.

15.2  Entire Agreement

These terms and conditions constitute the entire agreement between you and us regarding the use of the Platform and the Joulius Service may not be modified except in writing, signed by both parties, or by a change to these Terms made by Joulius as set out in clause 15.1.

15.3  Choice of Law

The laws governing these terms and conditions will be the laws in the State of Victoria, Australia and you irrevocably submit to the non-exclusive jurisdiction of the courts of that State, without regard to conflict of law provisions.

15.4  Severability

If any provision of these Terms is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these Terms, in which case, the remainder of these Terms will continue in full force.

15.5  Waiver

Any waiver, in whole or part, of any rights available under these Terms  is only valid if it is in writing and is limited to the instance referred to in the writing (or if no instance is referred to in the writing, to past breaches only).

15.6  Adverse Interpretation

No provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.