Terms & Conditions
Energy Umpire (ABN 47620264324) (we, our, us) operates this website and associated microsites and services (collectively website) for your information and convenience. These terms and conditions (Terms) govern the use of the website and the services that we provide on the website. By accessing the website (other than to read these terms for the first time), or by using the services offered on the website, you accept and agree to these Terms.
Changes to the terms and conditions
To the extent permitted by law, we may amend these Terms at any time. We will post the revised version on our website. Please check these Terms at regular intervals for any changes.
The website currently provides a service that compares publicly available gas and electricity supply offers to residential and small business customers located in Victoria, NSW, South Australia and Queensland.
The website provides for you to arrange to receive copies of your energy bill. You must not make such arrangements in relation to any energy bill unless you are the account holder. On receipt of your energy bill, we will extract relevant information from the bill and enter the information into the website for the purposes of assisting you in the comparison and selecting a supplier. We may, at our sole discretion, refuse to do so if we reasonably consider that you may be acting fraudulently, or are misusing or abusing our service.
The comparison results generated by the website may include a number of estimates, such as the expected costs and cost savings. These estimates are calculated based on a range of information, including information that you provide to us, price and product information provided to us by third parties, and assumptions that we use for extrapolation. For example, the website may use average seasonality factors. The website will not take into account all of the factors that may apply to you. Accordingly, while the comparison results are independent and objective, they are estimates only and the results may not apply to your specific circumstances. Before relying on any information or results on this website, you should first verify the accuracy of the information and its relevance.
For some customers and leads we use a benchmark price (called “Average Market Price”) to calculate savings. This price is the average of the prices of the 2 largest electricity and gas suppliers, AGL and Origin. To obtain the average for each of Origin and AGL, every market offer from that supplier for that Distribution area is weighted equally, and the standing offer is weighted by the estimated market share of standing offers in that State.
We obtain information about energy offers (including their product information and prices) from Government websites and directly from certain energy retailers. We rely on this information to produce the comparisons.
We endeavour to refresh the information at regular intervals, but as the information is not obtained on a “real time” basis, such information may be out of date or inaccurate, which will affect the accuracy of the comparison results.
We rely partly on third parties to supply the information and we therefore do not warrant the quality or accuracy of the results. To the extent permitted by law, we have no liability arising out of any results or recommendations produced by our service, and you are responsible for the final choice of any product that you may choose.
We do not endorse any retailer or their offers. We have no control or influence over retailers or their offers or their terms and conditions. We cannot guarantee the accuracy of information about retailer offers.
We advise you if a fee applies for a service provided on the website. We do not receive a fee or commission from any retailer.
Details of certain energy offers may only be accessible to fee paying users of the website. This will be indicated on the website, and you may pay the relevant fee to access the details.
The service may advise you to switch to another energy retailer. The decision to do so is yours entirely.
In all cases, you are responsible for dealing with the relevant retailer to complete the switching process. You acknowledge that your application to switch retailer is subject to the review and approval of the retailer, and we do not guarantee that your chosen retailer will accept your application. We do not offer to supply any energy services on the website.
Unless otherwise indicated, we own or are licensed to use all intellectual property subsisting in all material on this website.
You may use the services on this website for your own personal or business use only. We authorise you on a non-exclusive basis to reproduce and download the materials on the website solely for use in the intended manner. Otherwise, to the extent allowed by law, no part of this website or the services on it may be resupplied, reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.
We may collect your personal information through this website. We collect, use, hold and disclose your personal information so that we can perform our business activities, to provide you the services, to promote our services (including by direct marketing), and to administer this website. We respect your right to privacy, and subject to any agreement that you have with us, you may elect not to provide your personal information to us. However, if you choose not to do so, then we may not be able to respond to you, provide the services to you.
In addition to using your personal information for the purpose for which it is given, we may also disclose your personal information to:
If you provide us with an email address (including on the website), we may send direct marketing materials, updates and reminders to that email address. You may unsubscribe from receiving further direct marketing materials from us at any time, by contacting us or following the “unsubscribe” link on the relevant promotional email.
We do not warrant that access to this website will be uninterrupted, or that the services and features offered on this website will be error-free. We reserve the right to change or discontinue any feature on this website, the availability of this website and the software required to access it. We may suspend the provision of one or more of our services, in respect of one or more users, if we reasonably consider that it is necessary to do so.
You are responsible for all of your activity in connection with accessing and using this website. You must not use this website for any activities that breach any laws, infringe any party’s rights or breach any standards, content requirements or codes promulgated by any relevant authority.
You must not bypass any security mechanisms imposed by this website, tamper with, or hinder the operation of, or make unauthorised access or modifications to this website.
You must not make unreasonable excessive use of our services.
You will act honestly in your dealings with us and only use our services for their intended use. You will indemnify us against any liabilities, loss or costs suffered by us arising in connection with any act or omission by you that causes us a loss.
You agree to abide by community standards in your communications with us or via social media.
You agree that we may at our discretion remove a posting made by you on the internet.
You will not rely on information provided by other users of our service.
You will advise us if you become aware of any deficiency in our website or services to allow us to correct it. We welcome such input.
The information and comparisons on this website is provided for information purposes only, based on information that you provide, information that third party provides and assumptions that we make. While we take reasonable care in choosing the assumptions, they may not apply to your situation, in which case the information and comparisons on the website may not apply to you.
While we take reasonable care to keep the information about the energy offers provided by retailers up to date at regular intervals, we do not warrant that the information is accurate at any particular time. Retailers may alter their offers without notifying us.
While we take precautions, the transmission of information on the internet carries risks, for example, security of information is not guaranteed, and there may be corruption of information or malware. By using the website and the services, you acknowledge and accept these risks and release us in relation to any liability arising out of them.
This service contains links to other websites and uses information from Government websites.
You acknowledge that We have no control over the content of information on third party websites and do not warrant its accuracy.
To the extent permitted by law, we exclude all other warranties, guarantees, terms and conditions (whether express, implied or statutory) relating in any way to this website, its content, it services or its use. Our liability for breach of any warranty, guarantee, term or condition implied into these Terms which cannot be excluded is limited, where permitted by law, to the re-supply of that part of the services or content again or, at our option, the payment of the costs of having an equivalent service supplied again.
To the fullest extent permitted by applicable law, we exclude all liability for any loss or damage, including any consequential loss or indirect loss, loss of data or loss of profits, loss of profit, loss of reputation or loss of business arising in relation to the use or reliance of any part of this Website or any information on this Website (including any Third Party Materials, any recommendations or results generated by the Website, the inability to use any part of this Website or the features on this Website), whether or not it is caused by our negligence, and whether or not the possibility of loss was known to us.
This agreement constitutes the entire agreement between you and us.
If any part of this agreement is held to be invalid or unenforceable, that part shall be severed and the remainder shall remain in force.
Any rights not expressly given to you under these Terms & Conditions are reserved by Us.
This agreement shall be construed and governed by the laws of the State of Victoria. Both parties submit irrevocably to the exclusive jurisdiction of the Courts of the State of Victoria, Australia.