These Terms govern the use by the Customer of any of the Services that NSW Business Chamber Limited (ABN 63 000 014 504) trading as Australian Business Energy (AB Energy) agrees to provide to the Customer from time to time. Please read these Terms carefully before using the Services.errors or omissions.
1.1 The following definitions apply to these Terms and Conditions of Service (the "Terms"):
Affiliated Entities: means AB Energy’s, subsidiaries, affiliates, associated or related entities and relevant partners as the case may be or the context requires from time to time.
Contract: means any contract between a Supplier and the Customer.
Customer: means any customer who satisfies the eligibility requirements set out in clause 3 and to whom AB Energy agrees to supply any of the Services from time to time.
Existing Supplier: means the Customer's existing energy retail supplier.
Intellectual Property Rights: means all forms of intellectual property rights (whether registered or unregistered) in copyright, designs, patents, trade marks, domain names, trade secrets, know-how, confidential information, and all other similar proprietary rights and all extensions and renewals thereof anywhere in the world which currently exist and/or are recognised in the future.
AB Energy: means NSW Business Chamber Limited (ABN 63 000 014 504) trading as Australian Business Energy, of 140 Arthur Street, North Sydney, NSW 2060.
Quotation: means a quotation provided to the Customer by AB Energy on behalf a Supplier which sets out the terms and prices upon which a Supplier may be prepared to supply the Supplier Services to the Customer.
Services: means the Price Comparison Service described in clause 4.1, the Switching Service described in clause 4.3, the Do It For You Service described in clause 4.4 and any other services provided by AB Energy in connection with the foregoing services.
Site: means the website https://australianbusinessenergy.com.au.
Supplier: means any energy retail supplier as may be selected by AB Energy as part of its comparison panel of suppliers and/or listed on the Site from time to time, including the Existing Supplier (where applicable).
Supplier Services: means the energy retail supply services and/or products as may be agreed to be provided by a Supplier to a Customer from time to time.
2. Application of Terms
2.1 These Terms will apply to the provision of any Service by AB Energy to a Customer. AB Energy may also ask the Customer to accept additional terms relevant to the provision of certain Services (such as the Do It For You Service). These will be separately provided to the Customer and will apply in addition to these Terms.
2.2 No other terms provided by the Customer, or implied by trade, custom, practice or course of dealing, will apply to the Services unless specifically agreed to in writing by AB Energy.
3. Eligibility to use the Services
In order to be eligible to use the Services, the Customer must:
(a) be a nominated authority to approve, or accept financial responsibility for, decisions relating to the sale of energy at the premises (whether residential or business) to which energy is sold or proposed to be sold;
(b) if a business, have an Australian ABN and / or ACN;
(c) if an individual, be aged eighteen years or over; and
(d) be able to provide AB Energy with all such relevant information as AB Energy may require in order to provide the Services to the Customer.
4. Provision of Services
Price Comparison Service
4.1 If the Customer opts for and AB Energy agrees to provide the Price Comparison Service, AB Energy will, upon request from time to time from the Customer, provide the Customer with information on Suppliers' prices. AB Energy will use its reasonable endeavours to secure favourable and competitive prices on behalf of the Customer and will provide the Customer with relevant Quotations obtained by the Suppliers for consideration by the Customer. AB Energy and the Supplier reserve the right to revise, amend or withdraw any Quotation at any time upon informing the Customer. The Customer acknowledges and agrees that:
(a) AB Energy’s Price Comparison Service compares those Suppliers who agree to participate as part of AB Energy’s comparison panel of Suppliers for the purpose of providing the Services and/or as may be listed on the Site from time to time, and therefore the Services may not involve a comparison of every single Supplier in the market; and
(b) while AB Energy and its employees, agents, contractors and representatives use reasonable endeavours to ensure the Price Comparison Service identifies potential savings and presents the best offer to a Customer, the information provided is based on the interpretation of data by, and the opinions of, AB Energy’s employees, contractors and representatives providing the Services, and accordingly, AB Energy cannot be responsible for the accuracy of or variances in those individual’s opinions.
Facilitating new Supply arrangements
4.2 If the Customer opts for and AB Energy agrees to provide the Switching Service or the Do It For You Service, AB Energy will use its reasonable endeavours to facilitate the switching of the Customer to a new Supplier, or to new or renewed arrangements with its Existing Supplier (as applicable).
4.3 The Switching Service will involve AB Energy seeking and obtaining the Customer’s consent to the new Contract with the Supplier for the supply and purchase of the Supplier Services.
Do It For You Service
4.4 The Do It For You Service will involve AB Energy (and/or its subcontractor) acting as the Customer’s agent to source and enter into Contracts with Suppliers on the Customer’s behalf, on an ongoing basis (as and when they are due to expire or be renewed), until AB Energy’s (and/or its subcontractor’s authority is revoked. In order to receive the Do It For You Service, the Customer will be required to enter into a collateral agreement with AB Energy on terms and conditions that are acceptable to AB Energy.
4.5 The Customer acknowledges and agrees that AB Energy does not offer financial, investment or other advice. Nothing on the Site and no part of the Services constitutes financial, investment or other advice by us in relation to any Supplier Services or products.
5. Contracts with Suppliers
5.1 The Customer acknowledges that by entering into a Contract with a Supplier, the Customer will be contracting directly with the Supplier and not with AB Energy. The Customer agrees that AB Energy is not liable in any way in relation to any transactions, dealings or arrangements of any kind made between the Customer and any Supplier and that any such transaction, dealing or arrangement (including any payment obligations of the Customer) is the Customer's sole risk and responsibility.
5.2 It is the Customer's responsibility to ensure that all the Customer information under the Contract is true, accurate, complete, reliable and current in all respects and to inform AB Energy promptly if there are any errors. If any of the Customer information needs to be amended or rectified, this may result in the transfer being delayed or rejected by the Supplier.
5.3 AB Energy will not be responsible for any delay or failure caused by any Supplier or Existing Supplier in relation to effecting any transfer.
5.4 While AB Energy will use all reasonable endeavours to secure new Contracts at competitive prices, the extent of any savings under that Contract will be dependent on a number of matters (including, without limitation, the nature and extent of the Customer’s energy consumption), not all of which can be predicted at the time of entering into the Contract. The Customer acknowledges and agrees the terms of each Contract are at the sole discretion of the relevant Supplier and not controlled by AB Energy.
5.5 Customer acknowledges that all Contracts are not provided by AB Energy but are instead provided by third party Suppliers over whom AB Energy does not have control. It is the Customer’s responsibility to satisfy itself that it wishes to enter into a Contract for Supplier Services before doing so. It is also the Customer’s responsibility to satisfy itself as to its obligations or liabilities under its existing energy contract, including in connection with the termination of that contract. Before making a decision to purchase a Supplier’s Services, the Customer should review and consider the Supplier’s Contract and any relevant terms and conditions or other documents relating to the Supplier’s Services. The presence of a Supplier’s Services on the Site does not constitute an endorsement by AB Energy of the Supplier, the Supplier’s Services, the content of the Supplier’s website, or the activities of the Supplier.
5.6 AB Energy are not responsible or liable for any loss or damage the Customer or any third party may suffer or incur in connection with any Supplier Service the Customer obtains after using the Site or AB Energy’s Services or for any acts, omissions, errors or defaults of any third party in connection with that Service.
5.7 The Site and information provided to Customers by AB Energy as part of the Services may contain statements regarding the terms of the Supplier Services, including features and inclusions. Some of these statements are generalised in order to give the Customer a summary of the Supplier Services being compared. However, not all Supplier Services are the same and you should confirm the exact terms of any Supplier Service that you intend to purchase prior to purchasing that Service.
6.1 The Customer is not liable to AB Energy for any charge for the provision of the Services.
6.2 AB Energy subcontracts the provision of the Services to Make it Cheaper Pty Limited ABN 29 138 847 757 or such other person as it determines (Contractor). In the event that a Customer enters into a new or revised Contract, the Contractor is paid a commission by the relevant Supplier, a portion of which is paid to AB Energy by the Contractor. AB Energy also receives other fees from the Contractor in connection with the provision of the Services.
7. Contacting the Customer and Disclosure of Customer Information
7.3 The Customer consents to AB Energy disclosing personal information and other information provided by the Customer directly (or through its Contractor) to AB’s Energy Suppliers in connection with the delivery of the Services and any related products or services.
Either the Customer or AB Energy may terminate the Services at any time.
9. Limitation on Liability
9.1 AB Energy will exercise reasonable skill and care in providing the Services. However, the performance of the Services by AB Energy may be dependent upon third parties (including contractors, agents, Suppliers and Existing Suppliers) and AB Energy is not able to guarantee or accept any responsibility for any failure or delay caused by such third parties or for any inaccurate, incomplete or unreliable information provided to the Customer by such parties via AB Energy.
9.2 The Customer agrees that, subject to clauses 9.3 and 9.4:
(a) AB Energy will not be liable to the Customer for any claim by the Customer (for which AB Energy may otherwise be legally liable) that is not submitted in writing within 3 months of the Customer becoming aware of the relevant circumstances; and
(b) AB Energy's total liability for all losses of whatever nature suffered by the Customer for which AB Energy may be legally liable is limited to the commission earned by AB Energy from the Contractor as a result of AB Energy securing and finalising the Contract between the Supplier and the Customer.
9.3 Subject to clause 9.4, the Customer agrees that AB Energy will not be liable for any: (a) indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind; (b) loss of profit or savings; (c) loss or corruption of data or information; (d) loss of contracts, business or opportunity; (e) damage to goodwill or reputation; in each case whether direct or indirect and in each case whether based in contract, tort (including negligence), strict liability, or otherwise, arising out of or in connection with the Services, in each case even if AB Energy has been forewarned or is aware of the possibility of such loss or damage.
9.4 AB Energy does not exclude or limit its liability (if any) in any way for any matter from which it is unlawful to exclude, or attempt to exclude, AB Energy's liability, including under any consumer guarantees under the Australian Consumer Law.
9.5 The Customer must indemnify AB Energy and keep it indemnified from all loss, liability, damage, claim or expense (including legal costs) which AB Energy may directly or indirectly suffer or incur (including any consequential loss or indirect damages) arising from or in consequence of:
(a) the Customer’s breach of these Terms;
(b) the Customer’s negligence or unlawful act or omission;
(c) the Customer’s claim against AB Energy for amounts in excess of the limitations on liability set out in these Terms;
(d) the Customer’s use of or access to any websites or Supplier Services operated by third parties and/or any dealings with such Suppliers or third parties; or
(e) any breach of any law or obligation by the Customer in respect of the Services.
10. Force majeure
AB Energy will not be liable to the Customer if AB Energy is prevented from or delayed in performing any of its obligations in relation to the provision of any of the Services, or from carrying on its business, by acts, events, omissions or accidents beyond AB Energy's reasonable control.
11. Transfer of rights and obligations
11.1 The Customer may not transfer, assign, charge or otherwise dispose of any of its rights or obligations arising under these Terms, without AB Energy's prior written consent.
11.2 AB Energy may at any time assign any of its rights under these Terms to a third party, charge any of its rights under these Terms in favour of a third party, engage subcontractors to perform any part of the Services, or novate its rights and obligations under these Terms to a third party on terms specified by AB Energy, without the Customer’s consent.
12. Governing Law and Jurisdiction
12.1 These Terms are governed by the laws of the State of New South Wales, Australia.
12.2 Each party submits to the exclusive jurisdiction of courts exercising jurisdiction in New South Wales and courts of appeal from them in respect of any proceedings arising out of, or in connection with, the Services. Each party waives any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.
13. Changes in Supplier pricing
AB Energy makes its price comparisons and recommendations based on Suppliers’ current pricing (as notified to AB Energy from time to time) as at the date the Service is provided to the Customer. Customers should be aware that many Suppliers include terms permitting the Supplier to change the pricing during the Contract in some circumstances.
14. Customer Savings Guarantee
14.1 AB Energy provides a Customer Savings Guarantee to all Customers that receive a comprehensive bill comparison and change Suppliers by using the AB Energy Switching Service. The savings guarantee is intended to provide the Customer with the confidence that the new Supplier they choose will save them money, and is likely to do so for the following 12 months. However, this guarantee does not apply to the Do It For You Service; a separate “Make It Easy Guarantee” instead applies to that service, as described in the terms for that service separately provided to the Customer.
14.2 Should any Customer consider that a saving was not achieved after a period of 12 months under the new Supplier, then the Customer must present its bills for the past 12 months to AB Energy. AB Energy will analyse those bills and compare:
(a) the Customer’s total charges in those bills for the past 12 months; with
(b) what the Customer’s total charges would have been for that same 12 month period, had the Customer remained with the Existing Supplier on its existing product (but at the new prices for that product that would have applied, and the Customer’s actual consumption, for those 12 months).
Should AB Energy conclude that the Customer did not indeed save money as a result of using the AB Energy Switching Service, then AB Energy will provide the Customer with $100 off their next energy bill.
14. Amending these Terms
AB Energy may amend these Terms from time to time, to reflect AB Energy’s reasonable business needs, by updating the Site. Any amendment will apply to Services provided after the date of publication. Your continued use of AB Energy’s Services or the Site will constitute your acceptance of the amended Terms.
15. Intellectual Property
15.1 The word or mark “NSW Business Chamber Energy” however represented, all associated logos and symbols, and any combinations with another word or mark, are the trademarks of AB Energy or one of its Affiliated Entities.
15.2 All Intellectual Property Rights in any material or content contained in or accessible via the Site or our Services is either owned by AB Energy or has been licensed to AB Energy for its use. Customer acknowledges and agrees that it does not have any right, title or interest in or right of use of any content on the Site or otherwise provided as part of the Services.
15.3 Except as set out elsewhere in these Terms, none of the Intellectual Property Rights belonging to AB Energy or its licensors in and relating to the Services (including any content or material displayed on the Site) may be used, copied, published or distributed by the Customer without AB Energy’s prior written consent. AB Energy must not do anything that will or is likely to damage or diminish the Intellectual Property Rights or the reputation of AB Energy or its Affiliated Entities.
15.4 Customer must not remove any copyright, attribution or trade mark notices contained on the material available to it as part of the Services unless the Customer has AB Energy’s prior written consent.
16. Access to Site
16.2 The Customer acknowledges and agrees that transmissions on the internet are never completely private or secure and Customer understands that any message or information it sends to or downloads from the Site (where permitted) may be read or intercepted by others.
16.3 The Site and its content are delivered on an as-is and as-available basis. The content on the Site with respect to products and Services may be out of date, and AB Energy makes no commitment to update such content on the Site.
16.4 While AB Energy uses reasonable endeavours to ensure that the Site is available continuously, AB Energy does not make any representations or warranties that the Customer’s access will be uninterrupted, timely, secure, error free, or that any defects will be corrected, or that use of the Site will provide specific results or benefits.
16.5 The Customer’s access to the Site may be suspended without notice in the case of system failure, maintenance or repair, or any reason beyond AB Energy’s control or simply because we wish to do so.
16.6 AB Energy reserves the right to change or discontinue any website, page, functionality, feature or service (or part thereof) on the Site at any time.
16.7 AB Energy cannot ensure that any files or other data the Customer downloads from the Site (if permitted to do so) will be free of viruses or contamination or destructive features.
16.8 The Customer must not:
(a) use the Site in breach of any applicable laws or regulations;
(b) use the Site (or content obtained from the Site or the Services):
- to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming";
- to impersonate any person or entity;
- to solicit money, passwords or personal information from any person;
- to harm, abuse, harass, stalk, threaten or otherwise offend others; or
- for any unlawful purpose;
(c) use code or other devices containing any reference to the Site to direct other persons to any other web page;
(d) attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any of our servers, or to any of the Services offered on or through the Site, by hacking, password mining or any other illegitimate means;
(e) probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;
(f) reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site to its source, or exploit the Site or any service or information made available of offered through the Site;
(g) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site or with any other person’s use of the Site;
(h) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or cause any other person to do so; or
(i) delete any attributions or legal or proprietary notices on the Site.
16.9 The Site may feature or display links and pointers to websites operated by third parties, which are provided solely as a convenience to the Customer. Such websites do not form part of the Site and are not under AB Energy’s control. AB Energy does not accept any responsibility in connection with any such website. If the Customer links to any such websites, the Customer leaves the Site entirely at its own risk.
16.10 The Site may feature or display third party advertising. By featuring or displaying such advertising, AB Energy does not in any way represent that it recommends or endorses the relevant advertiser, its products or services.
16.11 Content on the Site is provided as general information only. It is not intended as advice and must not be relied upon as such. The Customer should make its own inquiries and take independent advice tailored to its specific circumstances prior to making any decisions.
16.12 AB Energy does not make any representation or warranty that any content on the Site will be reliable, accurate or complete, nor does it accept any responsibility arising in any way from errors or omissions.